R EST. 1909 AGENDA DOLORES COLORADO TOWN BOARD OF TRUSTEES MEETING MONDAY FEBRUARY 10TH, 20255:30P.M. THEI MEETING WILLI BEI HELD ATTHE1 TOWN HALL 601 CENTRAL. AVENUE. IF) YOU WISH TO ATTEND' VIRTUALLY, PLEASE VISITTHE TOWN WEBSITE UNDER GOVERNMENT TOWN BOARDI MEETING FOR THE ZOOM LINK https/townofdolores.colorado.govy Duet toa a changei in Zoom, there are: separate links fort the 2nd and 4th Monday meeting oft thel Dolores Board ofTrustees 1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4.A ACTION/APPROVAL OFT THE AGENDA -Trustees: Needa ai motion and a: 2nd. To approve the agenda. 5.1 DENTIFICATIONOF, ACTUAL ORI PERCEIVED CONFLICTS OFI INTEREST.. 6.A ACTION/APPROVAL OF1 THE CONSENT AGENDA: The Consent Agenda is intended to allow the Board by a single motion to approve matters that are considered routine or non-controversial. Here willl be no separate discussion of these items unless a Board Member requests an item to be removed from the Consent Agenda and considered separately. Items removed from the Consent Agenda will be Considered under specific Agenda item numbers. 6.1 Board Minutes fort the meetings of January13", 2025, and. January: 27th,2025. 6.2 Proceedings for the month of January 2025. 6.3 Beer and Wine Liquor License renewal for The Italian/V2C Partners LLC, 101 1S5th Street Dolores. Trustees: Need a motion and a 2nd to approve consent agenda 7. REMOVED CONSENT AGENDA ITEMS: 7.1 Liquor License Renewal forhotel/restaurant for Montezuma Mexican Restaurant LLC. 8. CITIZENS TO ADDRESS THE BOARD: Thisi is an opportunity for Citizens to address the Board at this time or duringa a Public Hearing. Each Person will have! 5 minutes. The Town Board encourages public comment by the following sources: Live att the Town Hall, virtually via ZOOM (see the Town' Website for the link), or by submitting your comments, via email, toi the Town Clerk at ammyPtownonogrscon any time before the dated Board meeting. pg. 1 .STAFF/COMMITTEE EPORIS/PAESENTATONS: 9.1Galloping Goose Report:. Joe Becker- -1 10 minutes 9.2: Sheriff's Report: Sheriff Steve Nowlin 9.31 Manager's Report: Manager Leigh Reeves 9.4Treasurer's Report: Treasurer Kelley Unrein 9.5 Attorney's Report: Attorney. Jon! Kelly-D Discussion of Marijuana Ordinance 9.6 Montezuma County Commissioner's report: Jim Candelaria 9.7 Maintenance Director report: in writing, Randy McGuire 9.8 Building Official report: in writing, David Doudy 10. TRUSTEES REPORTS AND ACTIONS: Please limit comments to! 5 minutes. 10.1 Mayor Chris Holkestad 10.2 Mayor Pro Tem Kalin Grigg 10.3 Trustee Sheila Wheeler 10.4 Trustee Mark Youngquist 10.5 Trustee Chris Curry 10.6 Trustee Linnea Peterson 10.7 Trustee Marie Roan 11. PUBLIC EARINGS/ORDINANCE/RESOLUTION ADOPTION: 11.1 Public Hearing amended 2025 Budget. Open Public Hearing for discussion 11.2 Resolution R644 Series 2025 AMENDING THE 2025 Budget and providing for a supplemental appropriation of funds to the various funds and spending agencies, in the amounts and for the purpose as set forth below forthe 2025 Budget year. Trustees: need a motion and a 2nd to approve resolution 11.3 Ordinance 583 Series 2025 First Reading: Granting Empire Election Association a franchise for a period oft ten (10) years. Allowing all necessary transmission line or lines, and other services along the streets, alleys, bridges, and public places. Trustees: need a motion and a 2nd to approve first reading only. 12. ACTION/APPROVAL RESOLUTIONS: Trustees: need a motion and a 2nd to approve each resolution. 12.1 Resolution R643 Series 2025 supporting participation in the Montezuma County Multi- Jurisdictional Hazard Mitigation Plan (HMP). 12.2 Resolution R645 Series 2025: Approving a contract for Municipal Judge Kristen Tarrin. (For the record swearing in will be at a later date). 13. ADMINISTRATIVE BUSINESS/DISCUSSION: 13.1 LOGO contest: Winners will be chosen by the Board by ballot. 13.2 Revisit Ord 577 = Discussion of water memberships in Town pg. 2 13.3 Zoom - Vote and discussion on if we will continue the practice of active Zoom or posting meetings only. 13.4Marquee - Vote and discussion on installing marquee. 13.5Yurt as a building structure discussion 13.6Workshop topics for February and March -i input from the Board ofTrustees 14 FUTURE MEETINGS FOR BOARD/COMMITTEES: 14.4 Parks- February. 13th, 2025 6pm Townhall 14.5 Office closed for President's Day - February. 17th, 2025 14.6 Workshop and Board meeting - February 24th, 2025, 5:30pm 14.7 DCC-February: 25, 2025, 6pm Townhall 14.8 P&Z-March 4, 2025, 6:30pm Townhall 14.9 Citizens' Coffee -I March 22, 2025, 9am-11am Dolores Community Center 15 ADIOURNMENT: pg. 3 CONSENT AAENDA OFDOLDA EST. 1909 AGENDA DOLORES COLORADO TOWN BOARD OF TRUSTEES MEETING MONDAY JANUARY 13TH, 5:30 P.M. THE MEETING WILLI BEI HELD ATTHE TOWN HALL 601 CENTRAL. AVENUE. FYOUWISHTOATTENDVIRTUALY, PLEASE VISITTHETOWN WEBSITE UNDER GOVERMMENTTOWN. BOARDI MEETING FOR THE: ZOOMI LINK https/townotdolores.colorado.gov Duei to a change in Zoom, there are: separatel links fort the 2nd and 4th Monday meeting of thel Dolores Board ofTrustees 1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLLCALL 4.A ACTION/APPROVALOF THE AGENDA-Trustees: Need a motion and a 2nd. 5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OFI INTEREST. 6.ACTION/APPROVAL OF THE CONSENT AGENDA: The Consent Agenda is intended to allow the Board by a single motion to approve matters that are considered routine or non-controversial. Here will be no separate discussion of these items unless a Board Member requests an item to be removed from the Consent Agenda andconsidered: separately. Items removed fromi the Consent Agenda will be Considered under specific Agenda item numbers. 6.1 Board Minutes fort the meetings of December 9th, 2024. 6.2 Proceedings for the month of December 2024. 6.3 Liquor License Renewal for Kelly's Kitchen LLC for al hotel/restaurant liquor license. Trustees: Need a motion and a 2nd to approve consent agenda 7. REMOVED CONSENT AGENDAI ITEMS 8. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or duringa Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment byt thei following sources: Live ati the Town Hall, virtually via ZOOM (see the Town Website for thel link), or by submitting your comments, via email, to the Town Clerk at ammyetownocogrescon any time before the dated Board meeting. .STAFF/COMMITTEE EPORIS/PRESENTATONS: 9.1 Four Corners Recycling Discussion 9.2 Sheriff's Report: Sheriff Steve Nowlin 9.3 Managers Report: Manager Leigh Reeves 9.4Treasurer's Report: Treasurer Kelley Unrein 9.5 Attorney's Report: Attorney. Jon Kelly 9.6 Montezuma County Commissioner'si report:. Jim Candelaria 9.7 Maintenance Director report: in writing, Randy McGuire 9.8 Building Official report: in writing, David Doudy 10. TRUSTEES REPORTS AND ACTIONS: 10.1 Mayor Chris Holkestad 10.2 Mayor Pro Tem Kalin Grigg 10.3Trustee Sheila' Wheeler 10.4Trustee Mark' Youngquist 10.5Trustee Chris Curry 10.6 Trustee Linnea Peterson 10.7Trustee Marie Roan 11.1 PUBLICHEARINGS/ORDINANCE ADOPTION: No Public hearing at this time. 12. ACTION/APPROVAL RESOLUTIONS: the Colorado Sunshine Act of 1972 12.1 Resolution R638 Series 2025: Designating a public place for posting public notices in compliance with 12.2 Resolution R639 Series 2025: Accepting the award of the GOGO grant for1 the. JRP revitalization project and authorizing the Mayor and' Town Manageri to execute anynecessary: agreements to accept and administer the 12.3 Resolution R640 Series 2025: Repealing the base rate for sewer services adopted by resolution R583 12.4 Resolution R642 Series 2025: Approving a Memorandum of Understanding between Montezuma County, andthel Towns ofMancos, Dolores, and City of Cortez, and Dolores County (Regional Partners), regarding ac cooperative effort to enhance geographic information systems (GIS) within the regional planning and grant. Series 2024 emergency service area. 13. ADMINISTRATIVE BUSINESS: 13.1 Discussion: Siren Management motion and a 2nd to approve. Trustees: need a motion and a 2nd to approve each resolution. 13.2 Action/Discussion: Stormwater Ditch Easement Crossing Agreement/Josh Martin. Trustees: Need a 14. EXECUTIVE SESSION DISCUSSION: to consult Town Attorney concerning a property matter pursuant to 24-6- 402(4)()0), CRS. Trustees: need a motion and a 2nd to go into executive session 15. ADMINISTRATIVE: BOARD BUSINESS: Thisi is the last meeting of 2024. Workshop and board meeting - January: 27t,2025 Community Center meeting - January 28th, 2025 16. ADIOURNMENT: OF DOLO €ST. MINUTES DOLORES COLORADO TOWN BOARD OF TRUSTEES MEETING MONDAY. JANUARY 13TH, 5:30 P.M. THE MEETING WILLI BE HELD AT1 THE1 TOWN HALL 601 CENTRAL AVENUE. IFYOU WISH TO VIEWTHE RECORDING, PLEASE VISITTHE TOWN WEBSITE UNDER GOVERMMENTTOWN BOARD MEETING FOR THE ZOOM LINK https//townotdolores.colorado.gov Due to a change in Zoom, there are: separate links for the 2nd and 4th Monday meeting of thel Dolores Board ofTrustees 1. CALLTO ORDER: Mayor Holkestad called the meeting to ordera at 5:30p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Board Members present: Mayor Chris Holkestad, Trustees Kalin Grigg, Mark' Youngquist, Sheila' Wheeler, Linnea 4. ACTION/APPROVAL OF THE. AGENDA: Trustee Youngquist. moved to approve the agenda, seconded by Trustee Peterson. Peterson, and Chris Curry. Trustee Marie Roan was absent. The motion was approved unanimously. 5.1 IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST. No conflicts were identified. 6.ACTION/APPROVAL OF THE CONSENT AGENDA: The Consent Agenda is intended to allow the Board by a single motion to approve matters that are considered routine or non-controversial. Here will be no separate discussion of these items unless al Board Member requests an item to be removed from the Consent Agenda and considered separately. Items removed fromi the Consent Agendav will be Consideredunder: specificAgenda item numbers. 6.1 Board Minutes for the meetings of December 9th, 2024. 6.2 Proceedings for the month of December 2024. 6.3 Liquor License Renewal for Kelly's Kitchen LLC for al hotel/restaurant liquor license. Trustee Youngquist. moved to approve the consent agenda, seconded by Mayor Holkestad. The motion was approved unanimously. 7.REMOVED CONSENT AGENDA ITEMS: Noi items were removed. 8. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board ati this time or duringa Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyelowporogrscon any time before the dated Board meeting. There was no comment from the public. STAFF/COMMITTEE EPORIES/PAEENTATONS: 9.1 Four Corners Recycling Discussion: Lisa Roche and Casey Simpson updated the Board on the recycling program. Casey explained that due to a change in state legislature the Four Corner Recycling program will be closing at the end of 2025 as there will be no funding from the state. The State is implementing a new recycling program in hopes the public will be encouraged more to recycle. The Town would need to develop a system for curbside pickup with an expense incentive from the State. Two options were presented: 1. Contract with the City of Cortez and join in their recycling program, 2. Contract with a Waste Hauler (Bruin, Countryside Disposal, Waste Management) to pick up 9.2 Sheriff's Report: Sheriff Steve Nowlin provided a small calls for service report as there were technical issues. The program is still being worked on. He stated that it wasi important fort the Board to see thei information as it shows what the Sheriffs Department is doing ini the Town. He touched on the importance of keeping the CIP program going as recycling. He stated that the Town has a year to develop a program. Montezuma County is dropping it. Mancos and Cortez are going to try tol keep it going. 9.3 Managers Report: Manager Leigh Reeves reported on thet following: Caselle software program: The amount of reporting and support will triple as opposed toi the current product (Ampstun). There are al large number ofi items to get converted, thet fastert thes staff works thet faster the Caselle The Flanders Park restroom officially has internet. The charging station requires a concrete pad, the town is CDOTisi inquiring aboutp placing al bus stop by the restrooms. They willl be engineering: a pull out and official bus The current Municipal. Judge Beth Padilla is resigning effectively, February 28th, 2025. The position is posted on There is an opening for a Building Official. It will run until filled with a hire date of March 1st, 2025. The job Staff and the P&Z Committee are working to create a plan for updating the 1997 Comp Plan. Due to lack of funding several oft the members are willing to take on some of the tasks associated with the project. InWednesdays. Journal fort the Fishingi is Fun grant outcome is posted. Trout Unlimited was retained to do some work on private land to create fishing holes and enhanced habitat for fish. The Town will be doing this as well. 9.4Treasurer's Report: Treasurer Kelley Unrein reported to the Board the sales tax changes, and an amended budget. Due to an error int the: sales tax distribution some of thet funding had tol be dialed back. The funding for the Comp Plan was cut. The Community Center will have a fund to show profit or loss. Some of the projects are completed and closed 9.5 Attorney's Report: Attorney. Jon Kelly discussed the upcoming resolutions that the Board willl be approving. He 9.6 Montezuma County Commissioner's report: Jim Candelaria was not present for ar report. team works. unable to fund it. stop plan. the website under opportunities, and the Four Corners Bar Association. description! is on the website under opportunities. upon funding. Iti is planned to provide the Board with a grant report ini the neari future. recommended hiring an attorney for a municipal judge. 9.7 Maintenance Director report: in writing, Randy McGuire 9.8 Building Official report: David Doudy discussed with the Board the importance of fire mitigation, using the California fires as an example. He urged thel Board to look at certain areas that could potentially fuel fires. 10. TRUSTEES REPORTS AND ACTIONS: 10.1 Mayor Chris Holkestad named some topics for future workshops; simplifying the LUC, Community Center, and Fire and Emergency for examples, he requested the Board members submit topics. 10.2N Mayor ProTem Kalin Grigg remarked that Building Official David Doudy, and Public' Works Director Randy 10.3Trustee Sheila Wheeler reported that she volunteered for1 the Senior lunches and was concerned about the oven, she inquired about a grant for updating the kitchen. Trustee remarked about the safety and use of AI by the staff. It was explained that Al is used as assistance in general office work and accounting. (The Town has a McGuire leaving this year, gives him cause for concern for the loss of knowledge. robust cyber security plan). 10.4Trustee Mark' Youngquist commented on the completion of the generator and sirens. 10.5 Trustee Chris Curry commented on the approacnabluty of the town staff, he felt he was met with resistance. He: stated that some Board Members should not scoff at remarks or question their peers make. 10.6 Trustee Linnea Peterson remarked she felt there was a vortex between staff, Board Members, and citizens, which are disgruntled with disagreements. Trustee Peterson would also likei to see a: 25-mph speed limit sign through the Town, 10.7Trustee Marie Roan absent from comment. 11. PUBLICHEARINGS/ORDINANCE ADOPTION: No Public hearing at thist time. 12. ACTION/APPROVAL RESOLUTIONS: 12.1 Resolution R638 Series 2025: Designating a public place for posting public notices in compliance with the Colorado Sunshine Act of 1972. Attorney Kelly introduced the resolution. Trustee Youngquist moved to approve Resolution R638 Series. 2025, seconded by Trustee Curry. The motion was approved unanimously. 12.2 Resolution R639 Series 2025: Accepting the award of the GOGO grant fori the. JRP revitalization project andauthorizing thel Mayor and Town Manager to execute any necessary agreements to accept and administer the grant. Attorney Kellyi introduced the resolution. MayorH Holkestad. moved to approve resolution R639 Series 2025, 12.3 Resolution R640 Series 2025: Repealing the base rate for sewer services adopted by resolution R583 Series 2024. Trustee Youngquistmoved: to approve resolution R640 Series 2025, seconded by Trustee Curry. The 12.4 Resolution R642 Series 2025: Approving a Memorandum of Understanding between Montezuma Caumpamdhetomcnenon Dolores, and CityofCortez, and Dolores County RegionalPartners), regarding a cooperative effort to enhance geographic information systems (GIS) within the regional planning and emergency service area. Manager Reeves introduced the resolution. Trustee Grigg moved to approve. Resolution seconded by Trustee Youngquist. The motion was approved unanimously. motion was approvea unanimously. R642 Series. 2025, seconded by Trustee Youngquist. The motion was approved unanimousy. 13. ADMINISTRATIVE BUSINESS: 13.1 Discussion: Siren Management. Manager Reeves reported to the Board that Treasurer Unrein, Montezuma County Emergency Manager Jim Spratlin, and Sheriff Steve Nowlin met to talk about testing the emergency sirens. There will be three thirty second warnings for the tests which will send a message to the Everbridge system to warn citizens that it is only at test. Citizens are encouraged to register with the Everbridge system as it sends warnings to the community. Residents with no capability will be warned by other means. HIPPAI may block attempts to contact some residents. Manager Reeves presented a policy of the plan. 13.2 Action/Discussion: Stormwater Ditch Easement Crossing Agreement/osh Martin. Manager Reeves 14. EXECUTIVE SESSION DISCUSSION to consult Town. Attorney concerning a property matter pursuant to 24-6- 402(4)(f)(), CRS. Mayor Holkestad moved to enter into executive session at 8:28 p.m., seconded by Trustee Peterson. Themotionwasapprovapprovedunanimousiy. Thel Mayor closedt the executive session with no decisions made. explained the easement with. Josh Martin. 15. ADMINISTRATIVE: BOARD BUSINESS: This is the last meeting of 2024. Workshop: and board meeting- - January 27+,2025 Community Center meeting- January28th, 2025 16. ADJOURNMENT: Mayor Holkestad adjourned the meeting at 8:51 p.m. Mayor Chris Holkestad Town Clerk Tammy Neely OFDOLD $7 AGENDA DOLORES COLORADO TOWN BOARD OF TRUSTEES MEETING JANUARY 27"H 2025, 5:30 P.M. BOARDI MEETING FOR THE ZOOM LINK https/townofdolores.coloradogoy THE MEETING WILLI BE HELD ATT THE TOWN HALL 601 CENTRAL AVENUE. IFYOUWISHTO ATTEND' VIRTUALLY, PLEASE VISIT THE1 TOWN WEBSITE UNDER GOVERMMENTTOWN Duet to a change in Zoom, there are separate links for the 2nd and 4th Monday meeting oft the Dolores Board of1 Trustees WORKSHOP: 5:30 P.M.: 1. Economic Development 2. Business Questionnaire 3. LOGO contest BOARD MEETING 6:30P.M. 1. CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLLO CALL 4.ACTION/APPROVALOFTHE, AGENDA 5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST. 6.ACTION/APPROVAL OF THE CONSENT AGENDA: The Consent Agenda is intended to allow the Board by a single motion to approve matters that are considered routine or non-controversial. Here will ber no separate discussion of these items unless al Board Member requests ani itemt to be removed from the Consent Agenda and considered separately. Items removed from the Consent. Agenda will be Considered under: specific Agenda item numbers. No consent agenda atthis time. 7. REMOVED CONSENT AGENDA ITEMS: 8. CITIZENS TO ADDRESS THE BOARD: Thisi is an opportunity for Citizens to address the Board at this time or duringaPublic-earing. Each Person willl have! 5n minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyetownonogrscon any time before the dated Board meeting. 8.1 Deb Honaker 9 : STAFF/COMMITTEE EPOAIESPAESENTATONS: 9.1. Judge Candidate: Attorney Kristen Tarrin 9.2. Judge Candidate: Attorney Ethan Sumrall 9.3 Managers Report: Leigh Reeves 9.4 Attorneys Report: Jon Kelly 9.6 Commissioner: Jim Candelaria 9.5Treasurers Report: Kelley Unrein no report willl be given. 10. TRUSTEES REPORTS AND. ACTIONS: Please keep comment to 5minutes 10.1 Mayor Chris Holkestad 10.2Trustee Kalin Grigg 10.3Trustee Sheila' Wheeler 10.4Trustee Mark' Youngquist 10.5Trustee Chris Curry 10.6Trustee Linnea Peterson 10.7Trustee Marie Roan 12. ADMINISTRATIVE BOARD BUSINESS: 12.1 Discussion: Easement Martin Built Homes 13. UPCOMING BOARD, COMMITTEE. AND SPECIAL GROUP MEETINGS: 13.1 Board Meeting February 10th, 2025, 5:30 p.m. 13.2 Planning and Zoning Meeting February 4th, 2025, 6:30 p.m. 13.3 Parks Advisory Committee February13th,: 2025, at 6:00 13.4 Dolores Community Center Committee February 25th,2025 14. ADIOURNMENT: OFDOLD 7. MINUTES DOLORES COLORADO TOWN BOARD OF TRUSTEES MEETING JANUARY 27"H 2025, 5:30 P.M. WORKSHOP 6:30 P.M. MEETING THE MEETING WILLI BE HELD AT1 THE TOWN HALL 601 CENTRAL AVENUE. IFYOUWISHTOI REVIEW1 THE RECORDING, PLEASE VISIT THE TOWN WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR1 THE ZOOMI LINK https/townotdolores.colorado.gov Duet to a change in Zoom, there are: separate links for the: 2nd and4 4th Monday meeting oft the Dolores Board of Trustees WORKSHOP:5 5:30P.M.: 1. Economic Development for the Town of Mancos Jason Armstrong addressed the Board with some insight to develop a plan for the Town. BOARD MEETING 6:30 P.M. 1. CALLTO ORDER: Mayor Chris Holkestad opened the regular Board meeting at 6:47 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Board Members present: Mayor Chris Holkestad, Trustees Kalin Grigg, Sheila Wheeler, Chris 4.ACTION/APPROVAL OF THE AGENDA: Trustee Grigg moved to approve the agenda amending it to add item 9.2 a to allow the Board to choose a. Judge, seconded by Trustee Youngquist. The motion was 5. IDENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OF INTEREST. No conflicts were identified. 6. ACTION/APPROVAL OF THE CONSENT AGENDA: The Consent Agenda is intended to allow the Board by a single motion to approve matters that are considered routine or non-controversial. Here will be no separate discussion of these items unless al Board Member requests an itemto be removed from the Consent Agenda and considered separately. Items removed from the Consent Agenda will be Considered under specific Agenda item numbers. No consent agenda Curry, Mark" Youngquist, Marie Roan, and Linnea Peterson. approved unanimously. at1 this time. 7. REMOVED CONSENT AGENDAI ITEMS: 8. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or duringaP PublicHearing. Each Person willl have! 5 minutes. The Town Boardencourages: public comment byt the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at 8.1 Mike Sawyer: AI recap on thel last meeting, "Dave Doudy was correct on everything, firei isa bigt thing." Discussed thei flushing of fire hydrants inl LaPlata county and in Dolores. Prescribed burns are "ag good thing,"they can help preventi fire: spread. He encouraged the board to work with other departments to facilitate the fire mitigation projects. Second issue, sales tax errors that occurred. The CPA1 that was involved should be held accountable in some way. Iwould like to encourage thei town to stay focused on books. 8.2 Deb Honaker: requested an exemption to amend Dolores Municipal Code Section 13.04.,160related tot the dwelling on her properywnchrequres hert to payas secondservice linet forwater. Ms. Honaker quoted thel Dwelling Unit definition. She arguest thatt thep property has a sewing room w/ al bathroom and al back room with a bed and bathroom. She argues thati there is not a kitchen set up. She has discussed the matter with a plumber and states ammyetownotiogrescon any time before the dated Board meeting. that shei is willing to seek legal counsel. : STAFF/COMMITTEE EPOHS/PAESENTATONS: 9.1Judge Candidate: Attorney Kristen Tarrin interviewed with the Board virtually. 9.2. Judge Candidate: Attorney Ethan Sumrall interviewed with the Board virtually. Trustee Youngquist moved to make an offertoA Attorney Kristen Tarrinj for Municipal. Judge for Dolores, seconded by Mayor Holkestad. The motion was approved unanimously. (For the record, all Board Members voted for Kristen Tarrin). 9.31 Managers Report: Leigh Reeves reported on thet following: Met with Mancos Town Manager Heather Alverez in pursuing grants for the Crisis Intervention Program (CIP). There is enough funding to get to. June 2025. Met with 2 property owners and Chris Lopez from CHAFA (Colorado Housing and Finance Association). There is CHAFA funding available to help individual property owners get technical grants, to help with what they can do with their property. Manager Reeves requested thel Boardsi input aboutthei interpretationd of3 30% Commercialinany housing that is potentially! built. The pop-up storet fulfills requirements. LUC is not clear on this. GOCO- First installment has been requested and approved, should be here within the Working with the Daniels Fund for funding1 for baseball fields, scoreboards, and restroom. Shei ist trying to coordinate with different individuals to show that we are She asked the Board ift they would like hert to proceed. week. attracting more children to sports. American Ramp Company- thei timeline has been: set. We will be starting late. June and David and Randy are meeting weekly with Leigh to discuss construction codes. This The new bear proof trash cani isi ini Flander's Park. Thel bathroom is currentiy closed due to ai frozen water line undert the ADAramp. Jay Cruzan came today to help evaluate the situation. Cruzan Construction will fix the issue. Randy should have it ready for them Kelley is changing the structure ofi financial reporting in a different manner. Budget analysis fort thei first meeting and revenues and expenditures fort the second meeting. early. July. will be relevant during Phase2 construction. by midday tomorrow, then the plumbers will be. 9.4 Attorneys Report: Jon Kelly Will work on the recurring wateri tapi issue. 9.5Treasurers Report: Kelley Unrein no report will be given. 9.6 Commissioner: Jim Candelaria updated thel Board ont thei following: County call for a pond on K.6 (Highland Terrance). It is not receiving water or is being Statewide Wildlife Interface Code (Fire Mitigation). The town will have 90 days to adopt aerated. Ironwood will be going up for Sheriffs Sale. Recycling will need bear proof trash cans. after the state adopts. 10. TRUSTEES REPORTS AND ACTIONS: Please keep comment to 51 minutes 10.1 Mayor Chris Holkestad inquired about two town clean up days, would like to have discussion a at a later meeting. He suggested having a coffee talk with the Board members and citizens of thei town. The Board agreed on March 22"d, Saturday morning from 9:00 a.m. to 11:00 a.m. at the Dolores Community Center. He asked about testing the hydrants. Public Works Director Randy McGuire informed the Board that hydrants aret tested in1 the spring, he also checks them ini thet fall. 10.2Trustee Kalin Grigg no comment 10.3Trustee Sheila' Wheeler no comment 10.4Trustee Mark Youngquist no comment 10.5Trustee Chris Curry remarked that he enjoyed hearing from. Jason. Armstrong. Sara' Vass has formulated at first draft of survey fort the community. Should we allow a citizen survey? Thei idea is to have someone not on board or working fort thet town. Mayor Holkestad says that het thinks there should be a workshop on1 thei issue and be able to review the questions. The mayor also would like to shift thet focus from the past toi thet future goals of the community, town, and board. Trustee Youngquist wants to focus ont the quality of the questions as al board. He also mentions the issue of not having a partnership with the chamber. Mark also notes that ift the citizen' appears to havet the "town's blessing" could come back and have some negative consequences. Trustee Grigg notes that. Jason Armstrongr mentioned that we need to ber ready fort the information to be actionable on the information we receive and states that he does not believe that we are. in a position tol be actionable. The mayor hopes that the coffee talk will also identify some pain points within the community, as well looking ati the processes in the community. Do we want to have a comment 10.6 Trustee Linnea Peterson feels liket there is al lot of work to dot to meet some oft the goals brought up int the workshop. Could we look at Mancos' survey: for some ideas. She believes thati the board needs to be clearer on their direction, mission statement, al base or1 foundation, etc. She does not believe that we are ready for an economic development position yet. Trustee Youngquist notes there is a possibilityt that someone hired could help us build the base. Should wel have some discussion about having a town clean-up and a workshop on fire resiliency? She asked Commissioner Candelaria "When youhave your county coffee chats, how do you follow up with the information?" He responded that the county commissioners got through the process as al board to resolve issues. He said they are casual meetings, no recording, thej journal comes and talks about everything. Iftherei is action that can bet taken, they do, buti it is usually. just education that is required. Is there at time limit per person? Theytry to limit it but there is no official time limit. 10.7Trustee Marie Roan thanked Mikei for coming to the meetings and appeals to the box? community to come to the meetings. 12. ADMINISTRATIVE BOARD BUSINESS: 12.1 Discussion: Easement Martin Built Homes, a developer, wants to move a culvert to a new location.. An engineer has developed al U-shaped ditch that is supposed tol be able to carry the water int the ditch. Leigh is working with CDOT. We have the development agreement and two buildings withi four units and the same remains to be built. 13. UPCOMING BOARD, COMMITTEE AND SPECIAL GROUP MEETINGS: 13.1 Board Meeting February 10th, 2025, 5:30 p.m. 13.2 Planning and Zoning Meeting February 4th, 2025, 6:30 p.m. 13.3 Parks Advisory Committee February 13th, 2025, at 6:00 13.4 Dolores Community Center Committee February 25th,2 2025 14. ADIOURNMENT: Mayor Holkestad adjourned the meeting at 8:47 p.m. Mayor Chris Holkestad Clerk Tammy Neely - $ - : a 3 - & 80 APPLICANI ID: 8235/1 DR 8400 (02/16/24) COLORADOI DEPARTMENT OF REVENUE Liquor Enforcement Division POI BOX1 17087 Denver CO 80217-0087 (303): 205-2300 Fees Due Annual Renewal Renewal Fee Storage Permit Sidewalk Service Area $75.00 Additional Optional Premise Hotel & Restaurant Related Facility- Campus Liquor Complex $160.00 $ Make check payable to: Colorado Department of Revenue. The State may convert your check to a one- time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directlyf fromy your bankinga accounte electronically. $ 346.25 $ $ $ Application Fee $100X. $100X Submit to Local Licensing Authority THE ITALIAN PO BOX 1290 Dolores CO 81323 peri facility Amount Due/Paid Retail Liquor License Renewal Application Please verify & update all information below. Return to city or county licensing authority by due date. Note that the Division will not accept cash. Paid by check Uploaded to Movelt on Date Paid Online Licensee Name V2C PARTNERSLLC Doing Business As Name (DBA) THE ITALIAN Liquor License Number 04-01984 Sales Tax License Number 95958297-0000 Business Address Street Address 101 SOUTH 5TH STREET City, State, ZIP Code Dolores CO 81323 Mailing Address Street Address PO BOX 1290 City, State, ZIP Code Dolores CO 81323 Email License Type Fermented Malt Beverage and' Wine (city) Expiration Date 03/24/2025 Due Date 02/07/2025 Phone Number 9705702088 Operating Manager MARIE LoAal Date of Birth 10-17-1945 DR8 8400: 3/22/2024 DR8 8495 (02/16/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division POE BOX1 17087 Denver C080217-0087 (303) 205-2300 APPLICANT ID: 823577 Tax Check Authorization, Waiver, and Request to Release Information MAeis BOAJ am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter Waiver") on behalfof (the' Applicant/Licensee) W2C ARTOIERS LLC toj permit the Colorado Department of Revenue and any other state orl local taxing authority to release information and documentation that may otherwise be confidential, as provided below. Iflam signing this Waiver for someone other than myself, including on behalf of al business entity, Icertify thatlhave The Executive Director oft the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant tot this Waiver may be used in connection with the ApplicantLicensee's liquor license application and ongoing licensure byt the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forthi theinvestigative, disciplinary and licensure actions the: state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution oro ordinance concerning the confidentiality oftaxi information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation ofal license, or until both the state and local licensing authorities takei final action to approve or deny any application(s) for the renewal of the license, whichever is later. ApplicantLicensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the APplcantslcensees duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/ Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any the authority to execute this Waiver on behalf of the ApplicantlLicensee. paymentoongations. license, ifrequested. administrative orj judicial action regarding the application or license. APPLILANI ID: 043011 Name IndwidualBusiness) V2CRATRERS LIE Social Security Number/Tax Identification Number 95-34503L (01 5.5th S7 DOLDES Home Phone Number Business/Work Phone Number 91-510-2083 Street Address City State ZIP Code c 81323 Printed name of person signing on behalf of the ApplicantLicensee MARS oA WANvO De AppicafuLigensee's: Signature (Sigpature authorizing the disclosure of confidential taxi information) Date Signed 2s/25 Privacy Act Statement Providing your Social Security Number is voluntary and no right, benefit or privilege provided by lawwill be denied as a result of refusal to disclose it. $7ofF Privacy Act, 5U USCS S 552a (note). un 040U APFLILANI ID. 040011 6. Since the date of filing ofi the last application, has the applicant or any ofi its agents, owners, managers, partners or lenders (other than licensedfinancial institutions) been convicted of a crime?. Ifyes, attach a detailed explanation. Yes No 7. Since the date of filing of the last application, has the applicant or any ofi its agents, owners, managers, partners or lenders (other than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, or had interest in any entity thathad an alcohol beverage license denied, suspended or revoked?. Yes No Ify yes, attach a detailed explanation. 8. Does the applicant or any of its agents, owners, managers, partners orlenders (other than licensed financial institutions) have a direct or indirect interest in any other Colorado liquor license, including loans to or from any licensee or interest in a loan to any licensee?. Ify yes, attach a detailed explanation. Affirmation & Consent Yes gNo declare under penalty of perjury in the second degree that this application and all attachments are true, correct and complete to the best ofmy knowledge. Type or Print Name of ApplicantAuthorized Agent of Business (VAaC LOAp Title OMDER Signature/ Date (MM/DD/YY) b2b5125 Mactan Report & Approval of City or County Licensing Authority The foregoing application has been examined and the premises, business conducted and character of the applicant are: satisfactory, and we do hereby report that such license, ifgranted, will comply with the provisions of Title 44, Articles 4 and 3, C.R.S., and Liquor Rules. Therefore this application is approved. Local Licensing Authority For Title Signature Attest Date (MM/DD/YY) DRE 84003 3/22/2024 Home Address Street Address lol 5.5EhSt. City DOLORES APPLICANT ID: 823577 Phone Number 702-812-7454 ZIPCode State C2 81323 1. Do you have legal possession of the premises at thestreet address?. Yes No Are the premises owned or rented? Owned Rented* *fr rented, expiration date ofl lease 2. Are you renewing a storage permit, additional optional premises, sidewalk service area, or related facility?. Yes No Ifyes, please see the table in the upper right hand corner and include all fees due. 3. Are you renewing a takeout and/or delivery permit?. Yes No (Note: musth holda la qualiyangloensetypeandi be authorized fort takeouta and/or delivery license privileges) If selecting Yes', an additional $11.00 is required to renewi the permit. Ifso, which areyou renewing?. Delivery Takeout Both Takeout and Delivery 4. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% orgreater financial interest ini the applicant, been found ini final order of a tax agency to be delinquent int the payment of any state or local taxes, penalties, or interest related toal business?.. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section Yes No 44-3-503, C.R.S.?. Yes No 5. Since the date ofi filing oft the last application, has there been any change in financial interest (new notes, loans, owners, etc.) or organizational structure (additionor deletion of officers, directors, managing members orgeneral partners)?.. Yes No Ifyes, explain in detail and attach a listing of all liquor businesses in which these new lenders, owners (other than licensed financial institutions), officers, directors, managing members, or general partners are materially interested. nrruvNI ID. D114/4 DR 8400 (02/16/24) COLORADO DEPARTMENT OFF REVENUE Liquor Enforcement Division PO BOX1 17087 Denver CO8 80217-0087 (303): 205-2300 Fees Due Annual Renewal Renewal Fee Storage Permit Sidewalk Service Area $75.00 Additional Optional Premise Hotel & Restaurant Related Facility- Campus Liquor Complex $160.00 $ Make check payable to: Colorado Department of Revenue. The State may convert your check to a one- time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If convertéd, your check will not be returned. If your check is rejected, due to insufficient or uncollected funds, the Department may collect the payment amount directlyf fromy your bankinga accounte electronically. Fee Application $100X. $100X $' 750.00 $ $ $ SK Submit to Local Licensing/ Authority MONTEZUMA MEXICAN RESTAURANT PO BOX 2299 Dolores CO 81323 per facility Amount Due/Paid Retail Liquor License Renewal Application Please verify & update alli information below. Return to city or county licensing authority by due date. Notei that the Division will not acceptcash. MONTEZUMA MEXICAN RESTAURANT LLC Doing Business As Name (DBA) MONTEZUMA MEXICAN RESTAURANT Liquor License Number 03-06382 Sales TaxL License Number 30606444 Business Address Street Address 1319 RAILROAD AVENUE City, State, ZIP Code Dolores CO 81323 Mailing Address Street Address PO BOX2299 City, State, ZIP Code Dolores CO 81323 Email Paid by check Uploaded to Movelt on Date Paid Online Licensee Name 6 License Type Hotel & Restaurant (city) Expiration Date 05/12/2025 Due Date 03/28/2025 Phone Number 9706760043 Pepe.imonzi3e gmail.com uan a divenez de lo Cruz Operating Manager Date of Birth 3119/1988 UR 0400 JILAILUZA APPLICANT ID: 571274 6. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been convicted of a crime?. Ifyes, attach a detailed explanation. Yes No 7. Since the date ofi filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, or had interest in any entity thathad an alcohol beverage license denied, suspendedorr revoked?. Yes No Ifyes, attach a detailed explanation. 8. Does the applicant or any of its agents, owners, managers, partners orlenders (other than licensed financial institutions) have a direct ori indirect interest in any other Colorado liquor license, including loans to or from any licensee or interest in a loan to any licensee?. Ifyes, attach a detailed explanation. Affirmation & Consent Yes No declare under penalty of perjuryi ini the second degree that this application and all attachments are true, correct and complete toi the best ofmy knowledge. Type or Print Name of Applicant/Authorized Agent of Business uon - Title ShseJwenez de la Cruz Date (MM/DD/YY) 040-25 EA Report & Approval of City or County Licensing Authority Thei foregoing application has been examined and the premises, business conducted and character of the applicant are: satisfactory, and we do hereby report that such license, if granted, will comply withi the provisions of Title 44, Articles 4 and 3, C.R.S., and Liquor Rules. Therefore this application is approved. Local Licensing Authority For Title Signature Attest Date (MM/DD/YY) DK 84U0 JILAZUZ4 Name Indiwidual/Business) APPLICANT ID: 571274 Monlezama Mokican Restaurant Avon necklCk Social Security Number/Tax Identification Number 372-77-3912 Home Phone Number 970-999-2059 Business/Work Phone Number 7066-0043 Street Address City Dolores 1319 Railroad Ave State ZIPCode 81323 Printed name of person signing on behalf of the ApplicantlLicensee Aplanl-sagdun (Signature authorizing the disclosure of confidential tax information) Date Signed 1-10-25 Privacy Act Statement Providing your Social Security Numberi is voluntary and no right, benefit or privilege provided byl law will be denied as a result of refusal to disclose it. $7 of Privacy Act, 50 USCS S 552a (note). APPLICANT ID: 571274 DR 8495 (02/16/24) COLORADO! DEPARTMENT OFI REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 (303): 205-2300 Tax Check Authorization, Waiver, and Request to Release Information Gana enaz dalCa am signing this Tax CheckA Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalfof (the to permit the'Colorado Department of Revenue and other state or local the authority to execute this Waiver on behalf oft the Appicant/Licensee. release EA any taxing authority to information and documentation that may otherwise be confidential, as provided below. Iflam signing this Waiver for someone other than myself, including on behalf of al business entity, ,Icertify thatlhave The Executive Director oft the Colorado Department of Revenue isi the State Licensing Authority, and oversees the ColoradoL Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant tot this Waivermay be used in connection with the ApplicantLicensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth theinvestigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality oft tax information, or any document, report or return filed inc connection with state or local taxes. This Waiver shall be valid until the expiration or revocation ofal license, or untill both the state and local liçensing authorities takei final action to approve or deny any application(s) fori the renewal of the license, whichever is later. ApplicantLicensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any By signing below, ApplicantLicensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the APPicants/censees duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/ Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this' Waiveri in any paymentobligations. license, ifrequested. administrative orj judicial action regarding the application or license. APPLICANT ID: 571274 Home Address Street Address City Phone Number ZIP Code 81323 1010 Hevrilt WAy State Co Dolores 1. Do you have legal possession of the premises at thes street address?. Yes No Aret the premises owned or rented? Owned Rented* *Ifr rented, expiration date of lease Bl312026 1 2. Are you renewing a storage permit, additional optional premises, ,sidewalk service area, or related facility?. Yes No Ifyes, please see the table in the upper right hand corner and include all fees due. 3. Are you renewing a takeout and/or delivery permit?. Yes No Note:mustholdag qualifying license type and be authorized fort ddhywmyeN If selecting Yes', an additional $11.00 is required to renew the permit. Ifso, which areyour renewing?. Delivery Takeout Both Takeout and Delivery 4. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% orgreater financial interest in the applicant, been found ini final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related toal business?. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section Yes No 44-3-503,C.R.S., Yes No 5. Since the date of filing of the last application, has there been any change ini financial interest (new notes, loans, owners, etc.) or organizational structure (addition or deletion of officers, directors, managing members orgeneral partners)?. Yes No Ifyes, explain in detail and attach al listing of all liquor businesses in which these new lenders, owners (other than licensed financial institutions), officers, directors, managing members, or general partners are materially interested. Report toi the Board of Trustees on the Planning & Zoning Commission meeting held February 2, 2025 Discussions of potential interest toi the Board and items for upcoming P&Z meeting agendas: Agenda Item/Description 8.5 Staff reports Discussion The Manager presented an oral report that included information of: Questions about possible mixed commerda/residential uses fori thel lot located to The GOCO grant funding improvements at. Joe Rowell Park. Construction will start Tiny houses, tiny homes, andt their relationships to ADUS. Staff and commissions discussed how difficult it was to determine specifics for minimum sizes because the process is specified ini the Building Code, not thel LUCt tables. There were noi formal updates. However, in an informal discussion at the end ofi the meeting, the commissioners expressed their frustration with the: absence of progress-that spans the 28-year period sincet the 1997 plan was adopted--on Comprehensive Plan updates. The commissioners share consensus that the Comprehensive Plani is the essential foundation for setting priorities for all activities conducted by the Town. They underscored the needi for accountable: steps linked to 1. Discuss next steps for preparing for the update tot the Comprehensive Plan: See 2. Review items to be prepared fort the February 4, 2025 meeting: There were no items prepared for discussion except the "involvement process template". a) Consultants: Manager Reeves reported that. Jen Gardner and/or Megan Moore, from Logan Simpson Design would bei in Cortez on February: 18 and 19 to meet with city officials. She is trying to arrange a meeting with them while they arei in the area to discuss the comprehensive planning process b) Desired outcomes: Commissioners emphasized that one essential outcome oft the revisions was that they meet grantors' requirements for documentation of public support and need for the proposed project. Such documentation is generally necessary for to show that the applicanti is d) "Involvement process template" (Commissioner Tucker): Mark discussed thet template, which was provided by one of his former colleagues (a retired Forest Service Chief Information Officer). Thei template begins the process developing a community-Dased communications plan. The group agreed that individual staff and P&Z commissioner would fill out template for the west of Exon Building. ini thes summer andr must be donel by October1 1. 9. Commissioner updates responsible individuals. 10. Discussion 'Involvement process template," below. and what the Town might be able to: afford. eligible to receive that grantor's funds. c) Previous work product: No discussion. discussion at March meeting. 11. Future agenda items: Thesei items are being retained on1 the agenda: 1. Comprehensive Plan: sub-plans, including: funding, weed management, watershed management, hazards mitigation, etc. 3. Work with staff to edit the Special Exception Permit application. 4. Examine the 30%1 front occupancy int the Corridor and Downtown Mixed-Use 2. Public outreach and education zones. 5. Parking ini town 1 Dolores Community Center Advisory Committee Meeting 1.28.2025 Minutes 1.28.2025: Dolores Community Center Advisory Committee Special guest: Fred Manor: Dolores Community Center Manager Agenda Dolores Community Center Advisory Committee No: financial is available yet for the Committee. Federal funding is held up at the moment Attending: Sarah Vass, Jen Stark, Jonnie Ryan, Kourtney Morgan, Janneli Miller Town Manager Leigh Reeves -DCC Financials report and Town Report: Town Manager Leigh Reeves: Discussions ofa a nonj profit structure for the DCC by Town Attorney, no further information Reports from the town: The DCC. Advisory Committee agreed there doesn' tt really need tol be a full town report out but more anything that is prevalent to the Dolores Community Center, structure, funding, and or directives sent forward from the Town Board of Trustees. -Upgrading: The DCC. Advisory Committee identified the following upgrades for the DCC structure: Kitchen equipment, edges oft the floors, chair seat cushions, painting the interior, wood -River clean up day and general clean up day. Getting the things back up that need tol be done. -Development ofa use guidelines for do' 's and do not do in the kitchen. General rules for the kitchen. Practical health applications/ behavioral components (can this bei researched through the >Fred to send to the Char what is currently posted. Food handlers guidelines versus what is provided. The Town Board ofTrustees is committed to sponsoring the DCC. chips for little gardens, window blinds, spruce up oft the entrance way. Colorado Department of Public Health and the food handlers guidelines) currently available. Review the next meeting. -Business Builder Grant opportunity: Sarah Vass and DCC Manager: Fred *Business builder grant with no match, iti is a reimbursement grant, proposed and approved budget is needed. Involves several states, chance ofminimum $20k to $35k. Demonstrate that 5 plus food/ farm business need to benefit from the funding request. Oven, dry storage, Freezer area and offering food handlers courses for certification are some items discussed the grant could aid with. Sarah to lead the committee, Janneli to meet the guidelines, Kourtney, Fred are the additional memebers. Establishing aj process to develop and advertise "Friend oft the DCC"- launch date: April 1. Work with Fred and Cortez Web services. Janneli to build and run an Instagram account. -Setting the agenda for future DCC. Advisory meetings. The DCC Advisory Committee will help drive this agenda and the Town Manager will supplement any pertinent information pertaining to -We will review and prioritize the projects list, the food handlers review and final list, review of the budget, update on the web page, exit interview compilation review. Also this idea of an exit Discussion Items: the structure and activities oft the DCC at the town level. Next meeting Agenda items: walk through. Dolores Community Center Advisory meeting 8.27.2024 2 -Regular scheduled meeting on February 25th -Grant progress update -Adjourn: 7:15] P.M. Mission: Cultivating growth and opportunity in a welcoming, inclusive, and accessible environment, where community can connect, learn and thrive together. Vision: Tol be a vibrant gathering space where community members connect, collaborate, and celebrate diverse interests in a welcoming and well-maintained space. We strive to create. an adaptable and stable environment that evolves with the needs and aspirations of our rural community, fostering a sense ofunity,resilience, and shared purpose. Dolores Community Center Advisory meeting 8.27.2024 Accounrs REyD 2/3/2025 2:08:31PM TOWN OF DOLORES Payment Application Report From 01/01/2025 toc 01/31/2025 Billing Cycle:1 Customer Detail: True- Sort by: Payment Date Subtotal by Transaction' Type Applied" To: True Including Complete and Incomplete Batches Transaction* Type: (Any) Payment" Type: (Any) Page 2of3 Posted Date Account No Name 01/08/2025 A 01/10/2025 A 01/10/2025 01/13/2025 01/21/2025 A 01/22/2025 01/22/2025 01/23/2025 01/23/2025 01/31/2025 Location No Type Type Applied To MISC-GENERAL MISC-GENERAL MISC-GENERAL MISC-GENERAL MISC-GENERAL MISC-GENERAL MISC-GENERAL MISC-GENERAL MISC-GENERAL MISC-GENERAL Applied User $(4.00) ANN SWOPE $(100.00) ANN SWOPE $(100.00) ANN SWOPE $(2,577.00) TAMMY NEELY $(325.00) TAMMY NEELY $(300.00) ANN SWOPE $(300.00) ANN SWOPE $(350.00) ANN SWOPE $(45.24) ANN SWOPE $(450.00) ANN SWOPE $(632.71) ANN SWOPE $(6,038.95) $(7,025.00) $(7,025.00) $(100.00) $(100.00) $(1,094.14) $(1,094.14) $(37.25) $(95.25) $(193.50) $(35.25) $(21.50) $(87.25) $(159.00) $(78.00) ANNS SWOPE $(81.25) $(207.25) $(24.75) $(23.50) $(30.00) $(61.00) $(329.00) $(50.25) $(106.75) ANNS SWOPE $(21.25) $(26.50) $(1,668.50) SWOPE, COPIES PERSONAL Other Receipts Cash ORNELLAS/COHENT WEDDING Other Receipts Cash ORNELLAS/COHEN, SEPT 13, Other Receipts Cash CANNA8 & CO, Hic Country Re-Le Other Receipts Check MARGARET HALL, DEPOSIT5 Other Receipts Check MERCEDES YANITO, DEPOSIT Other Receipts Check KDGC PROPS LLC, SUNDAYC Other Receipts Check GABLE TAX GROUP, BAGFEE Other Receipts Check DOLORES: STATE BANK, 2-8-2: Other Receipts Check WASTE MANAGEMENT, REIME Other Receipts Check Applied" To MISC-GENERAL Total: 01/14/2025 Kellys Kitchen! L Kellys! Kichen! LLC, OCCT TAX Other Receipts Check Charges Applied To:1 13 01/21/2025 A PAYMACI INC, FLATBED TRUC Other Receipts Check Applied Tol MISC-STREETS Total: MISC-STREETS ANNSWOPE Charges Applied To:1 01/08/2025 VISTA GRANDE, REFUNDI REII Other Receipts Check PARKS ANDE RECI REVENUE ANN SWOPE Applied Tol PARKS AND REC REVENUE Total: Charges Applied" To:1 01/10/2025 MTZC CO1 TREASURER, SPECC Other Receipts Check PROP TAX-OWNERSHIP ANN SWOPE Applied To PROP TAX-OWNERSHIP Total: Charges Applied To:1 01/03/2025 A 01/21/2025 01/21/2025 01/21/2025 01/21/2025 01/21/2025 01/27/2025 01/27/2025 01/27/2025 01/27/2025 01/27/2025 01/27/2025 01/27/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 01/31/2025 WATER HAULING, 12-31-24 Other Receipts Cash WATER HAULING, 1-3-25 Other Receipts Cash WATER HAULING, 1-6-25 Other Receipts Cash WATER HAULING, 1-7-25 Other Receipts Cash WATER HAULING, 1-9-25 Other Receipts Cash WATER HAULING, 1-2-25 Other Receipts Cash WATER HAULING, 1-14-2025 Other Receipts Cash WATER HAULING, 1-21-2025F Other Receipts Cash WATER HAULING, 1-17-2025 Other Receipts Cash WATER HAULING, 1-21-25F FOF Other Receipts Cash WATER HAULING, 1-22-2025 Other Receipts Cash WATER HAULING, 1-23-25 Other Receipts Cash WATER HAULING, 1-8-25 Other Receipts Cash WATER HAULING, 1-24-25 Other Receipts Cash WATER HAULING, 1-27-25 Other Receipts Cash WATER HAULING, 1-28-25 Other Receipts Cash WATER HAULING, 1-29-25 OtherF Receipts Cash WATER HAULING, 1-30-25 Other Receipts Cash WATERI HAULING, 1-31-25 Other Receipts Cash AppliedT Tol WATER DOCK Total: WATERDOCK WATERDOCK WATERDOCK WATERDOCK WATERD DOCK WATERDOCK WATERI DOCK WATERE DOCK WATERI DOCK WATERI DOCK WATERE DOCK WATERI DOCK WATERI DOCK WATERI DOCK WATERI DOCK WATERI DOCK WATERI DOCK WATERI DOCK WATERI DOCK ANN SWOPE ANN SWOPE ANN SWOPE ANN: SWOPE ANN SWOPE ANN SWOPE ANN SWOPE ANN: SWOPE ANNS SWOPE ANN: SWOPE ANN SWOPE ANN SWOPE ANN SWOPE ANNS SWOPE ANN: SWOPE ANNS SWOPE ANNS SWOPE Charges Applied To:1 19 *Denotes and overpayment Customer does not have ana 2/3/2025 2:08:31PM TOWN OF DOLORES Payment Application Report From 01/01/20251 to 01/31/2025 Billing Cycle:1 1 Customer Detail: True Sort by: Payment Date Subtotal byl Transaction* Type Applied" To: True Including Complete and Incomplete Batches Transaction* Type: (Any) Payment Type: (Any) Page 3of3 Posted Date Account No Name Other Receipt Payments Total: Location No Type Type Applied To Applied $/(46,995.05) User Charges Applied" To:5 52 Grand Total: Charges Applied To: 52 $(46,995.05) *Denotes and overpayment Customer does noth havea ana account. 2/3/2025 2:07:30PM TOWN OF DOLORES Payment. Application Report From 01/01/2025 to 01/31/2025 Billing Cycle:1 Subtotal by Service Type Applied To: True Including Complete and Incomplete Batches Transaction* Type: (Any) Payment Type: (Any) Billing Payments Page 1of1 Reverues depostkel u Jenuangzozs Service Type SEWER1 Total: Service" Typel WATERT Total: Charges Applied To: 526 Charges Applied To: 658 Charges AppliedTo:1 1,184 $(20,369.64) $(24,252.99) $(44,622.63) Billing Payments Total: Grand Total: Charges Applied To:1 1,184 $(44,622.63) Denotes and overpayment Customer doesr noth have an account. 2/3/2025 2:09:30PM TOWN OF DOLORES AR As OfPeriod Ending" 1/31/2025 Cycle:1 Sorted By: Account Number Subtotaled By: Service Type Page1 1of1 Billad fo w/S Customers Unfinalized transactions exist. Changes to these transactions may alter this report. Focaamuary Z5 1/1/2025- 12/1/2024- 11/1/2024- 10/31/2024- 1/31/2025 12/31/2024 11/30/2024 Older 50.00 1 -282.80 54 -264.35 53 -497.15 63 Balance 80.00 1 15,437.66 490 22,010.07 538 37,527.73 542 Other Receipts Totals Other Receipts Number ofA Accounts SEWER Totals SEWERI Number ofA Accounts WATER Totals WATERI Number ofA Accounts Grand" Total Grand" Total Counts 30.00 1 16,198.81 428 22,455.26 473 38,684.07 479 0.00 0 48.56 59 457.86 64 506.42 75 0.00 0 -526.91 14 -638.70 19 -1,165.61 22 2/3/2025 2:08:31PM TOWN OF DOLORES Payment Application Report From 01/01/20251 toc 01/31/2025 Biling Cycle: 1 Customer Detail: True- Sort Transaction* Subtotal by Including Complete andl Incomplete Batches Transaction' Type: (Any) Payment Type: (Any) Location No Type Other Receipt Payments Page 1of3 Revemues depsed Jhnuerg Date by: Payment Type Applied To: True L Zoz5 Applied $(19,573.75) $(19,573.75) Posted Date Account No Name Type Applied To ATMOS FRANCHISE User ANNS SWOPE 01/21/2025 A ATMOS ENERGY, FRANCHISE Other Receipts Check Applied ToA ATMOS FRANCHISE Total: ATMOS ENERGY TOWER, 202 Other Receipts Check Charges Applied To:1 01/21/2025 ATMOS TOWER LEASE $(2,281.19) ANNS SWOPE $(2,281.19) $(135.00) $(145.25) TAMMY NEELY $(1,000.00) TAMMY NEELY $(2,430.75) $(3,711.00) Applied" To ATMOS TOWERI LEASE1 Total: Charges Applied" To:1 01/08/2025 01/13/2025 01/16/2025 01/27/2025 MTZVALLEYI PLUMBING, perm Other Receipts Check STONE. AGE CONST, BDGF PEF Other Receipts Check Applied To BUILDING PERMIT Total: Kellys Kitchen LLC, restaurant Other Receipts Check Kellys! Kitchen! LLC, Food Tri Other Receipts Check Applied ToE BUSINESS LICENSE Total: COMNETY WIRELESS LLC Other Receipts Check Applied To COMNET FRANCHISE Total: Jannneli Miller, Sadie dogt tag Other Receipts Cash KAREN CARROZA, RAMAHLIC Other Receipts Cash Liv Glantz, Bindis &. Jasper Other Receipts Cash RON CHEROSKE, DOG1 TAG20 Other Receipts Cash MARIANNE MATE, 2025 DOGT Other Receipts Cash Applied To DOGI LICENSE Total: BUILDING PERMIT BUILDING PERMIT BUILDING PERMIT BUILDING PERMIT ANNS SWOPE ANNS SWOPE Jeffery Watters Enviromentall Designs Other Receipts Check Other Receipts Check Charges Applied" To:4 01/14/2025 01/14/2025 BUSINESS LICENSE BUSINESSLICENSE $(25.00) TAMMY NEELY $(25.00) TAMMY NEELY $(50.00) Charges Applied" To:2 01/13/2025 COMNETI FRANCHISE $(831.57) TAMMY NEELY $(831.57) Charges Applied To:1 01/13/2025 01/16/2025 01/17/2025 01/23/2025 01/24/2025 01/30/2025 DOGI LICENSE DOGI LICENSE DOGLICENSE DOGLICENSE DOGLICENSE DOGLICENSE $(10.00) TAMMY NEELY $(10.00) TAMMY NEELY $(20.00) TAMMY NEELY $(10.00) TAMMY NEELY $(10.00) $(10.00) $(70.00) $(4,375.95) $(4,375.95) Cathy Patch, Shorly Other Receipts Cash ANNS SWOPE ANNS SWOPE Charges Applied' To:6 01/21/2025 EMPIRE ELECTRIC, DEC FEES Other Receipts Check Applied1 ToE EMPIRE FRANCHISE Total: EMPIRE FRANCHISE ANNS SWOPE Charges Applied To:1 01/14/2025 Kellys KitchenL Kellys Kichenl LLC Other Receipts Check LIQUORLICENSE $(175.00) TAMMYI NEELY $(175.00) $(75.00) $(780.00) Applied1 Tol LIQUOR LICENSE Total: DOLI MTN QUILTERS, JAN SET Other Receipts Check canyon chile, Rent1 1-1-25t to4 4-1- Other Receipts Check Charges Applied To:1 01/08/2025 01/08/2025 *Denotes and overpayment MISC-GENERAL MISC-GENERAL ANN SWOPE ANN SWOPE Customer does noth have ana account. MAINTENANCE DAILY REPORT JANUARY2025 1 2 3 Plants. Randy Plants. Pulled the chlorine samples. Adjusted the wastewater plant influent chart recorder. Adjusted the chemicals at the water treatment plant to lower turbidity. Plants RJ. Worked oni manufacturing fenders for the motor grader. Lowered the US flags tol half-mast. 4-5 Plants. Randy 6 Plants. Rebuilt the wastewater plant samplers. Service online meters at the water tank. Calibrate the turbidity meters at the water plant. Continued the fender project and Plants. Pulled the Quarterly wastewater samples and the water chlorine and bacti Plants. Removed the Christmas lights at Flanders Park. Inspected a water line at 207N Plants. Marked utility locates on Short and 21 for a cable tv line install. Checked the marked utility locates. 7 8 9 samples. Continued the fender project. 12th. Turned off water at 207 N10th. meter at 207 N12th. Started repair on insulation at the water plant. 10 Plants. Rechecked the meter at 207 N 12th. Finished insulation at the water plant. Marked autility locate at 907 Central. Cleaned the shop. 11-12 Plants. Opened the storm drain on N6th. 13 Plants. Replaced the damaged meter setter and feed pipe at 907 Central. Replaced a rotten post at the water tank feature atl Flanders Park. Marked utility locates at 21sand Hillside. 14 Plants. Fixed potholes. Cleaned the chlorine feed at the well. Filled the chlorine supply 15 Plants. Pulled the chlorine samples. Bladed streets. Picked up trash and cleaned the 16 Plants. Bladed streets. Calibrated the flow meters at the wastewater plant. Emptied the 17 Plants. Marked utility locates. Cleaned the shop. Cleaned up the roofing trash at the at the wastewater plant. Trapped gophers. Flanders Park restroom. trash barrel at the wastewater plant influent. Attended a staff meeting. water plant. Repaired al leak at the well detention tank. 1 18-20 Plants. Justin. Got called out for frozen meter at 1251 Merritt Way on Sunday 21 Plants. Thawed water meter at 1251 Merritt Way. Completed inventory counts. Moved wires at the power box in JRP. Set the new trash can at the Flanders Park bathroom. 22 Plants. Marked utility locates. Hung shut offt tags. Thawed out meter to the Flanders Park restroom. Called out for frozen meter at 206S6th. 23 Plants. Read meters. Thawed meter at 1400 Merritt Way. 24 Plants. Thawed water meter at 104N19th. 25-26 Plants. RJ. Got called out for frozen meter at 204 S 6th on Sunday. 27 Plants. Meter re-reads. Checked for a water leak at 207 NS 9th. Checked meter at 30830 RdU.5. Shut off meter at 2004 Short Street. Worked on the water line for Flanders Bathroom. 28 Plants. Hydro-vac the water and sewer line at the Flanders bathroom. Turned off water at 18530 Hwy 145. Thawed the water line at 109N7th. Serviced the online meters at the water tank. 29 Plants. Winterized the Vac Truck. Worked on the street sign plan. Meeting regarding 96 Central. Thawed meter at 500 Riverside. Got the chlorine samples for the week.. 30 Plants. Helped the owner check for the location oft the leak at 207 N th. Sanded streets worked on the frozen sewer line on Merritt Way. Checked the: sewer line at the Community Center. 31 Plants. Thawed lines at 107N. 15th units B and C. Cleaned the shop. 2 Town board February: 10, 2025 Building Official report Current projects: 1. #1173-( Grease trap inspection 2. #1161 - Grease trap Inspecion 3. #1172-Framing inspection 4. #1172-Temporary Final New permits: 5 permits - $1,720.25 1. #1174-Waterline replacement 3. #1176-F Repair floor 4. #1177 -V Waterline replacement 5. #1178-Tenant remodel Consultations - Phone and in person 29 Phone and in-person Construction Inspections 2. #1175-Tenant improvement- Increasing storage inside bld 5 Future projects on the horizon: Possible remodel of a commercial structure Business Inspections 1 Food trailer/truck inspections STR Inspections None Internet Technology Working with NetForce to eliminate bugs in Owl SPECIAL PROJECTS None STR's One new unpermitted STR. Working with the Owner Compliance issues Still working on grease trap compliance Otheritems Alocal daycare contacted me to ask for an inspection of their facility. The state is changing the designation of this daycare and stepping up enforcement of day cares. We will be contacting the state to see ift they will approve of me as the inspector for this day care. 0 X yi - - Bb 2 0 Boboooo8 SoBoo0o 0 N W s 0 0 0 B0 999 TDS Town Manager's Report Date: February 5, 2025 To: Board of Trustees From: Leigh Reeves, Town Manager Before you Monday, is the contract for our new. Judge, Kristen Tarrin, who will start on the Resolution R643, Series 2025 is to participate in Montezuma County's Hazard Mitigation Plan. This is put forth by Jim Spratlen, EMS Manager for Montezuma County. Resolution R644, Series 2025 is a resolution for our amended budget to adjust revenues and expenditures by the amount of our tax revenue loss. Since the loss was roughly 10% of our budgeted revenue, we cut 10% of the expenses, except for roads, not chip sealing Central this year as Phase I water will tear all those roads up and the budget for a matching grant to complete the comp plan. DOLA will not give us a grant for this SO we will Ordinance 583 is to enter into an agreement for franchise rights given to Empire Electric. We will have one for Atmos Gas at the next meeting. This is payment for easements SO March 28th court date. Resolution 645 will approve her contract. have to pay in fulli for whatever we need. utilities can provide their services. This is the first reading. David and Ann discovered that our ICC rating for residential at 4 and commercial at 5(1 is best, 10 is worst) is not working in our favor on FEMA grant funding or for a reduction in our flood insurance rates. David is working to get our score connected to official FEMA documentation. 601 Central Ave, POBox 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 www.townofdolores.colorado.goy CIDR Sr. Youw will find a copy of our new Ordinance for Marijuana sales in the Town of Dolores. Jon will be discussing this at Monday's meeting. This is an effort to update our outdated ordinances. We will be looking at our liquor ordinance in the near future. We are in need of more guidance as la am consistently working 60 hours or more each week. As such, there are items in section 13 on the agenda thatl I need help prioritizing for me and my team. I don't want to assign the work to get you enough data to make a decision if the whole board is not in support of the topic of conversation. Item 13.1, Kelley has created a powerpoint with all the entries for the logo contest. There isa also a ballot for your use. We can choose a winner tonight or discuss the next steps. Item 13.2, this is a discussion regarding 0577 and the concept of being a member of a water "district". As a member you pay fort the right to receive water that is clean, treated and safe for consumption from the town. Please see the document after my report that will Item 13.3, this will be a discussion of attendance for comment by Zoom or recording. the meeting to post to our website for people to view and only have attendance be in person. Item 13.4, this will be a discussion of a marquee in the park for communication about town Item 13.5, do we want to allow' Yurts to be built to building code standards in the Town of Dolores. Trustee Curry will need to recuse himself from the conversation and the vote. Itis aconfict of interest for him as he will be building a yurt on his property. According to CO state law a trustee has to recuse themselves in a discussion they could profit from. Originally February's workshop was going to be around the community center but more time for the financial numbers has been requested. So, if we pick an item from the listi in section 13 we can create a workshop or we can continue to discuss economic help understand the future of our water system. happenings. development opportunities. 601 Central Ave, P O1 Box 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 www.townofdolores.colorado.gov AOF DOL ST We are continuing discussion with CPW for more funds to complete the Fishing is Fun grant this year. Kelley and la attended the Region9 quarterly board meeting last Thursday. It is great to see their good work, where we can partner, where they can help and what each government entity is doing. The DCC committee would like to create a Friends of the DCC non-profit. We can use that entity to raise funds to help update the kitchen and other areas of the center. We can also have a paint day. Ispoke with CSU contact for 4H and they would be willing to have kids help clean up in the Spring as part of their program. There are 45 kids and their parents at The Dolores school district has come forward with their new buildings map and a request fora as setback adjustment. They will be in FEMA compliance as a requirement of their loan Planning & Zoning will be putting together a communication plan for getting input on the Comp Plan. Ihave contacted Megan Moore from Logan Simpson to see ift they can help us with that portion. We can get an estimate of cost based on what we need. Ihave also contacted Elizabeth Garvin of Clarion Associates to identify her counter part at their firm. The Flanders Park bathroom is open to the public again. The sewer and water line were dug up by Cruzan construction. The subcontract plumber fixed both lines to properly keep them from freezing. We are working with Cruzan on the hours of time spent by our team to each 4H meeting. and thei fact iti is a public building. help. 601 Central Ave, POI Box 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 www.townofdolores.colorado.gov A 6A $ 6 6A $A $ Kelly and Fronapfel Law, P.C. JON L. KELLY, SENIOR PARTNER DOLORES February 3, 2025 Dear Board ofTrustees, KELLYANDFRONAPFELLALLAWPC.COM GRAND JUNCTION Please find enclosed proposed revisions to the current marijuana code. to change the manger in which applications are processed at the local level. The purpose of these revisions is to bring our 2020 ordinance into compliance with recent statutory changes and Ifyou do not have time to ready the entire document, please focus your attention on the highlighted changes. Thank you. Very Truly Yours, /s/ Jon Lewis Kelly yayudonpalen PO Box 659 . 995 Railroad Ave. Ste. A (970) 882-4442 Dolores, Colorado 81323 5.16.010- Legislative intent and purpose. 1. Legislative intent: Thel board oft trustees ofi thet town intends to regulate the use, acquisition, cultivation, production and distribution of medical marijuana in a manner consistent with Article XVIII, Section 14 a. The Medical Marijuana Amendment tot the Colorado Constitution does not provide al legal manner for patients to obtain medical marijuana unless the patient grows the marijuana or the marijuana b. House Bill 10-1284, signed by the Governor on. June7,2010, ENACTS ARTICLE43.30F TITLE 12, C.R.S., (THE COLORADO MARIJUANA CODE) WHICH IMPOSES STATEWIDE REGULATIONS PERTAINING TO THE USE, ACQUISITION, CULTIVATION, PRODUCTION, SALE AND DISTRIBUTION OF MEDICAL MARIJUANAAND MEDICAL MARLUANA-INFUSED : Nothing within this article isi intended to promote or condone the production, cultivation, use, sale or distribution of medical marijuana other than in compliance with applicable state law. 2. Purpose: The purpose of this article is to implement the Medical Marijuana Amendment in a manner consistent with Article 10 of Title 44, C.R.S., to protect the public health, safety and welfare of the residents and patients of the town by prescribing the manner in which medical marijuana Dusinessmariuana storees can be conducted within the town. Further, the purpose of this article is to: a. Provide for the safe sale and distribution of medical marijuana to patients who qualify to obtain, possess and use marijuana for medical purposes under the Medical Marijuana Amendment. b. Protect public health and safety through reasonable limitations on business operations as they relate to noise, air and neighborhood and patient safety, security for businesses and their . Limit the number of medical aneoneemanuane storees that can be established within the town based on the needs of the community and the desires of thei inhabitants. d. Impose fees to cover the costs incurred by thet towni forl licensing and regulating medical marijuana e. Adopt a mechanism for monitoring compliance with the provisions of this article. coordinate with laws enacted by the State that pertain to such matters. oft the Colorado Constitution (the Medical Marijuana Amendment). is grown by the patient's primary caregiver. PRODUCTS WITHIN THE STATE. personnel and other health and safety concerns. Dusinessmariuana storees. Create regulations that address the particular needs of the patients and residents of the town and Facilitate the implementation of the Medical Marijuana Amendment without exceeding the h. The approval of any license, renewal or change to any existing license by the local licensing authority is expressly contingent upon approval of the applicant by the state licensing authority. authority granted to the town by such amendment. (Ord.No.546, $ 1(1.1), 11-23-2020) 5.16.020- Definitions. 1. The following words and phrases used in this article shall have the following meanings unless the a. Adjacent grounds means all areas that the licensee has a right to possess by virtue of his or her ownership or lease, which are outside the enclosed licensed premises, but adjacent and contiguous to the licensed premises, including but not limited to porches, patios, decks, entryways, lawns, parking lots and similar areas and all fixed and portable things in such areas, context clearly indicates otherwise: including but not limited to lights, signs and security devices. 5.16.010-1 Legislative intent and purpose. 1. Legislative intent: The board oft trustees of thet town intends to regulate the use, acquisition, cultivation, production and distribution ofr medical marijuana in a manner consistent with Article XVIII, Section 14 a. The Medical Marijuana Amendment to the Colorado Constitution does not provide al legal manner for patients to obtain medical marijuana unless the patient grows the marijuana ori the marijuana b. House Bill 10-1284, signed by the Governor on June7, 2010, ENACTS ARTICLE43.30F TITLE 12, C.R.S., (THE COLORADO MARIJUANA CODE) WHICH IMPOSES STATEWIDE REGULATIONS PERTAINING TO THE USE, ACQUISITION, CULTIVATION, PRODUCTION, SALE AND DISTRIBUTION OF MEDICAL MARIJUANAAND MEDICAL MARUUANA-INFUSED Nothing within this article is intended to promote or condone the production, cultivation, use, sale ord distribution of medical marijuana other than in compliance with applicable state law. 2. Purpose: The purpose of this article is to implement the Medical Marijuana Amendment in a manner consistent with Article 10 of Title 44, C.R.S., to protect the public health, safety and welfare of the residents and patients of the town by prescribing the manner in which medical marijuana Dusinessmariuana storees can be conducted within the town. Further, the purpose of this article is to: a. Provide for the safe sale and distribution of medical marijuana to patients who qualify to obtain, possess and use marijuana for medical purposes under the Medical Marijuana Amendment. b. Protect public health and safety through reasonable limitations on business operations as they relate to noise, air and neighborhood and patient safety, security for businesses and their Limit the number of medical marijuana businessmariuana storees that can be established within thei town based on the needs of the community and the desires of the inhabitants. d. Impose fees to cover the costsi incurred byt thet town for licensing and regulating medical marijuana e. Adopt a mechanism for monitoring compliance with the provisions of this article. Create regulations that address the particular needs of the patients and residents ofi the town and coordinate with laws enacted by the State that pertain to such matters. g. Facilitate the implementation of the Medical Marijuana Amendment without exceeding the h. The approval of any license, renewal or change to any existing license by the local licensing authority is expressly contingent upon approval of the applicant by the state licensing authority. of the Colorado Constitution. (the Medical Marijuana Amendment). is grown by the patient's primary caregiver. PRODUCTS WITHIN THE STATE. personnel and other health and safety concerns. businessmariuana storees. authority granted to the town by such amendment. (Ord.No.546, $ 1(1.1), 11-23-2020) 5.16.020- L Definitions. 1. The following words and phrases used in this article shall have the following meanings unless the a. Adjacent grounds means all areas that the licensee has a right to possess by virtue of his or her ownership or lease, which are outside the enclosed licensed premises, but adjacent and contiguous to the licensed premises, including but not limited to porches, patios, decks, entryways, lawns, parking lots and similar areas and all fixed and portable things in such areas, context clearly indicates otherwise: including but not limited to lights, signs and security devices. b. Business manager means the individual designated by the owner of a medical marijuana businessmariuana: store and registered with thet town ast the person responsible for all operations C. Character. and record includes all aspects of a person's character and record, including but not limited to moral character; criminal record, including serious traffic offenses; record of previous sanctions against liquor licenses, gambling licenses or medical marijuana licenses, which the person owns, in whole or in part, in which the person serves as a controlling beneficial owner, manager or employee; education, training, experience; civil judgments entered against the person; truthfulness, honesty; and financial responsibility. The conviction of any person for an offense, shall not, in itself, be grounds for ai finding of a bad character and record if such person demonstrates that he or she has been rehabilitated in accordance with C.R.S. S 24-5-101. Ini the event the local licensing authority considers information concerning the criminal history of a person, the local licensing authority shall also consider any information provided by an applicant regarding such criminal history records, including but not limited to evidence of rehabilitation, character references and educational achievements, especially those items pertaining to the period of time between the last criminal conviction and the time of consideration of a license d. Contiguous means located within the same building as the medical maana-semlemaniuana store or medical mariuana-infused products manufacturer, located in a separate building ont the same parcel of land as the medical marijuana centermarijuana store or medical mariuana-infused products manufacturer, or located in a separate building on a separate parcel of land that is adjacent to and shares at least fifty percent of a common lot line with thel lot on which the medical mapanacemermanuana store or medical marluana-infused products manufacturer is located. e. Good cause: shall have the same meaning as set forth in C.R.S. S 44-10-103(17). F. LAWS OF THE STATE OF COLORADO SHALL MEAN AND INCLUDE SECTION 14 OF ARTICLEXVII OF THE COLORADO CONSTITUTION; THE COLORADO MARIJUANA CODE, ARTICLE 10 OF TITLE 44 C.R.S.; OTHER COLORADO STATUTES, INCLUDING BUT NOT NECESSARILY LIMITED TO C.R.S. S 18-18-406(3), AND C.R.S. S 25-1.5-106; APPLICABLE REGULATIONS PROMULGATED BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AND THE STATE LICENSING AUTHORITY; AND ALL APPLICABLE G. LICENSED PREMISES MEANS THE PREMISES SPECIFIED IN AN APPLICATION FOR A LICENSE UNDER THIS ARTICLE WHICH ARE OWNED OR IN POSSESSION OF THE LICENSEE, AND WITHIN WHICH THE LICENSEE IS AUTHORIZED TO CULTIVATE, MANUFACTURE, DISTRIBUTE OR SELL MEDICAL MARIJUANA IN ACCORDANCE WITH of the business during the owner's absence from the business premises. application. FINAL DECISIONS OF COLORADO'S APPELLATE COURTS. THE PROVISIONS OF THIS ARTICLE AND THE LAWS OF THE STATE. h. Licensee shall have the same meaning as seti forth in C.R.S. $4 44-10-103/25). Local licensing authority shall meani the board of trustees of thet town. Medical marijuana shall have the same. meaning as set forth in C.R.S. S 44-10-103/34). Medical ReTeTNere store shall mean a person holding a medical marijuana centermariuana store store license, as defined in C.R.S. S 44-10-501; a medical marijuana- infused products manufacturer license, as defined in C.R.S. S 44-10-503; and/or medical marijuana cultivation facility lan-optional premises cullvation-operalion license, as defined in C.R.S. S 44-10-502. For the purposes of this article, a patient who cultivates, produces, possesses ort transports medical marijuana ora a primary caregiver who cultivates, produces, sells, distributes, possesses, transports or makes available marijuana in any form to one or more patients shall not be deemed a medical marijuana businessmariuana store. Medical maryuana BUSNESSmarluene store center shall have the same meaning as set forthin CRS.544-10-10335 m. MEDICAL MARUUANABUSAESSMARJUANA STORE OPERATOR SHALL HAVE THE SAME m. Medical marjuana-infused products manufacturer shall have the same meaning as set forth in n. Medical use shall have the same meaning as is set forth in Article XVII, Section 14(1)(b) of the Colorado Constitution, or as may be fully defined in any applicable state law or regulation. 0. Medical marijuana cultivation facility Optional premises Gultivation operation shall have the same Patient shall have the same meaning as is set forth in Article XVII, Section 14(1)(d) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation. 4- Person means a natural person, partnership, association, company, corporation, limited liability company or organization, or a manager, agent, owner, director, servant, officer or employee Premises means a distinct definite location which may include a building, a part of a building, a S. Primary caregiver shall have the same meaning as is set forth in Article XVIII, Section 14(1)(d)o of the Colorado Constitution, or as may be more fully defined in any applicable state law or Int the case of any business entity, including any general or limited partnership, corporation, limited liability company or other entity, any person who has five percent or greater interest int the ownership of the entity and any person who has the day-to-day authority to or actually ii. Int the case of a corporation, the persons described for any entity described in subparagraph i.and the president, vice president, secretary, chief executive officer, chief financial officer and any person who holds five percent or more oft the capital stock of the corporation. iii. In the case of a limited liability company, the persons described for any such entity in subparagraph i. above and any member of the limited liability company. iv. In the case of a sole proprietorship, the individual owner. V. Where this Code requires the production of the name and contact information of controlling beneficial owners, the town may, in its discretion require an applicant to disclose only the identities of controlling beneficial owners holding a ten-percent or greater interest in the u. Serious traffic offense means any driving offense carrying eight points or greater under C.R.S.S V. State licensing authority means the authority created by C.R.S. S 44-10-201, for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution and sale of 2. Unless defined in this article or the context clearly indicates otherwise, any word or term used ini this article that is defined in Article XVIII, Section 14(1)(f) of the Colorado Constitution or in the Colorado Marijuana Code shall have the same meaning that is ascribed to such word or term in the Colorado 3. As used herein the term "light infused product manufacturing" shall mean the manufacturing of marijuana products in a manner that does not involve the use of butane, compressed carbon dioxide gas, or other flammable, explosive, or hazardous materials. By way ofe example, "lighti infused product manufacturing" would include the preparation ofe edible products in a commercial kitchen made from a MEANING. AS SET FORTH IN.R.S. $44-10-103(36) C.R.S.S4 44-10-103 (38). meaning as set forth in C.R.S. S 44-10-103137). thereof. room or any other definite contiguous area. regulation. Controlling beneficial owner means: does manage the entity's financial affairs. business entity. 42-2-127, or the substantial equivalent of such events in any other state. medical marijuana in this state. Constitution or in the Colorado Marijuana Code. THC Distillate thati is manufactured elsewhere or whichi is extracted using ar non-hazardous cold-water process. (Ord. No. 546, $ 1(1.2), 11-23-2020; Ord. No. 553, $1,5-11-2021) 5.16.030 License required. 1. It shall be unlawful for any person to operate a medical marijuana businessmariuana store without first having obtained al license to operate pursuant to the provisions of this article, having paid the fees therefor, as well as having obtained a license to operate from the state licensing authority. The licensing requirements apply to all medical marjuana-Dusiesinessmarijuana storees that exist on the effective date of this article and any medical marijuana businessmariuana storees established after 2. Any person violating this section commits a municipal offense punishable by up to ninety days incarceration up to a uunaonneynnecol fine or by both such incarceration and fine. A person committing a violation shall be guilty of a separate offense for each day or part thereof during which the offense is committed or continued to be permitted by such person and shall be punished 3. Pursuant to the provisions of Article 10 of Title 44, C.R.S., medical marijuana bwsnessmariuana storees shall bel licensed by thet town in one or more oft the following categories: a. Medical marijuana store business, as definedin CRS.544-10103603. Such business shall meet all criteria and requirements of C.R.S. S 44-10-501, as well as all other regulatory requirements applicable to medical ans-weenatuans storees set forth within this such effective date. accordingly. article, and within Article 10 ofTitle 44, C.R.S. b. Medical marjuana-infused products manufacturer, as defined in C.R.S. S 44-10-103. Such business shall meet all criteria and requirements of C.R.S. S 44-10-503, as well as all other regulatory requirements applicable to medical marijuana- infused products manufacturing setf forth Medical marijuana cultivation facility license, as defined in C.R.S. S 44-10-502. Such cultivation operation shall meet all criteria and requirements of C.R.S. S 44-10-502, as well as all other regulatory requirements applicable to optional premises cultivation operations set forth in this d.Medical marijuana testing facility license as defined in C.R.S. S 44-10-103. Such business shall meet all criteria and requirements of C.R.S. $ 44-10-504. as well as all other regulatory requirements applicable to medical marijuana testing facility set forth in this article and within the .Medical marijuana transporter license as defined in C .R.S. $44-10-103. Such business shall meet all criteria and requirements of C.R.S. $44-10-505 as well as all other regulatory requirements applicable to medical marijuana transporter set forth in this article and within the laws of the state. int this article and within the laws of the state. article and within the laws of the state. laws of the state. 4. The licensing requirements setf forth in this article shall actually bei in addition to, and noti in lieu of, any other licensing and permitting requirements imposed by any federal law, thel laws of the state, or local laws, including, but not by way of limitation, a business license, retail sales tax license, retail food establishment license or any applicable zoning permits or building permits. 5.- - The-t town may approve a license centingent on the state licensing authority-issuing a license, butne Hcense-ora-medicak maryjuana- businessmariuana store shallactually be issued by the town untila license for CAeeaR-SaoN designated-in the application, has been issued by the state licensingawthoriy. NOLICENSE, APPLICATIONWILL BE ACCEPTED BY THE-TFOWN UNTIL THE APPLICANT HOLDS AN APPLICABLE VALID LICENSE FROM THE STATE LICENSING 6. The issuance of a license pursuant to this article does not create a defense, exception or provide immunity to any person in regard to any potential federal criminal liability the person may have for the 7. Every license issued under this article confers only a limited and conditional privilege subject to the requirements, conditions and limitations of this article and state law. The license does not confer a property rightofanyl kind. Thel license andi the privilege created by thel license may be further regulated, limited or completely extinguished ati the discretion oft the board of trustees or the electors of the town, without any compensation to a licensee. Every license approved or issued under this article shall be subject to the future exercise of the reserved rights of referendum andi initiative, exercise of the local option described in C.R.S. S 44-10-104, and any other future ordinances adopted by the electors of the town or the board of trustees. Nothing contained in this article grants to any licensee any vested right to continue operating under the provisions of this article as they existed at the time the license was approved or issued, and every license shall be subject to any ordinance or prohibition adopted 8. A separate license shall be required for each location from which a medical marijuana 9. All medical marijuana businessmariuana store licenses issued by the town shall be valid for a period of one year from the date such license is issued. Renewal applications shall bet filed at least forty-five 10. Licensees shall report each transfer or change of ownership interest, change in business manager, change in controlling beneficial owners or change in employees on forms provided by the town clerk. An application for a change of manager shall be submitted to the town clerk at least thirty days prior to any such change to provide necessary time for the background check and processing of the AUTHORITY. production, distribution or possession of marijuana. after thel license was approved ori issued. businessmariuana store is operated. days prior to the expiration date of the existing license. application pursuant to section 6-90/5.16.070] below. (Ord. No. 546, $ 1(1.3), 11-23-2020) 5.16.040- - Local licensing authority. 1. For the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution and sale of medical marijuana within the town, there is hereby created the medical marijuana local licensing authority of the Town of Dolores. The board of trustees shall serve as the local licensing 2. The local licensing authority shall have such powers and duties as are provided fori in this article and 3. The local licensing authority shall be assisted by the town attorney, the town marshal, the town clerk and such other personnel as may be designated by the town manager in the performance of the authority. the Colorado Marijuana Code. powers and duties of thel local licensing authority. (Ord.No.546, $ 1(1.4), 11-23-2020) 5.16.050- - General licensing procedure and regulations. The town clerk shall have authority to promulgate and employ reasonable regulations associated with the making and processing of applications for medical paRAuneauans store licenses. The town manager also may promulgate. regulations concerning the processes and procedures associated with thei issuance, renewal, denial, suspension or revocation of such licenses that supplement and are not inconsistent with the provisions of this article. Such regulations shall be written and shall become effective when copies of the same have been provided to the board oft trustees and made available to the public, or upon al later effective date set forth in the regulations. (Ord. No. 546, $ 1(1.5), 11-23-2020) 5.16.060 Application and license fees. 1. Application and license fees (which are in addition to any state license fees, whether or not shared with thet town and ina addition to any applicable fees required under thet town land use code and building code) for medical marijuana businessmariuana storees shall be as follows: a. New license application fees: First submittal: one thousand dollars. ii, Fora associated facilities or licenses: five hundred dollars. . Fingerprint-based criminal background check fee, per person checked: actual cost. C. Renewal application fee: five hundred dollars. d. Late renewal fee: five hundred dollars. e. Change of business manager: one hundred fifty dollars (plus actuali fingerprint-based background check fees). Transfer of location: one thousand dollars. Modification of premises or other activities for which a fee is permitted, but for which a fixed h. Change of corporate structure or change ofac controlling beneficial owner: one hundredi fifty dollars Other change ini financial interests: one hundred dollars minimum, or actual cost ifr more than one The! board of trustees, by resolution, may increase or decrease any fee or cost or otherwise modify any other provisions set forth in this section. Any such increase, decrease or other modification 2. The primary purpose of the fees established in this section is to defray the costs of the particular municipal services provided and nott to defray the costs of general services provided by the town ori to raise general revenues. The fees provided in this section are reasonably related and proportional to 3. Fees described ini this section are non-refundable even if al license or application is denied, approved amount is not seti in this article: two hundred fifty dollars. per person (plus actual ingerprint-Dased background check fees). hundred dollars. shall be evidenced by an appendix to this article. the costs of the services provided and do not generate additional net revenue. but noti issued, lapsed, abandoned or withdrawn. (Ord.No.546, $ 1(1.6), 11-23-2020) 5.16.070- -L License applications. 1. Application for a medical marijuana Dusinessmariuana store license shall be made to the town clerk upon forms provided by the town clerk for that purpose. A complete application must contain all information that is required by the laws of the state with respect to any license that may be issued pursuant toi the Colorado Marijuana Code and: such additional information as may be requested byt the town clerk in writing. At a minimum, the application shall require the following information: a. The name, address and date of birth of the owner of the proposed medical marijuana businessmariuana store in whose name the license is proposed to be issued. If the owner is a corporation, partnership, limited liability company or similar business entity, the application shall include the name and address of all controlling beneficial owners. If the owner is not a natural person, the organization documents for all business entities identified in the application and the contact information for the person that is authorized to represent the entity shall be provided. b. The name, address and date of birth of the business manager of the medical marijuana Dusinessmariuana store ift the manager is proposed to be someone other than the owner orifthe The name, address and date of birth of all persons holding any financial interest in the medical ens-uenemeTuanA store, other than commercial lenders regulated by the federal d. The name, address and date of birth of all employees or prospective employees oft the medical e. As statement of whether or not any oft the named owners, controlling beneficial owners, managers, parties with af financial interest, employees or other persons named on1 the application have been: Denied an application for a medical anaweneepanuans store license by any other jurisdiction, including the state, or has had such license suspended or revoked. ii. Denied an application for liquor license pursuant to Article 3 or 4, Title 44, C.R.S., or had any iii. Convicted, entered a plea of no contest or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any charge related tot the possession, use or possession withi intent to distribute narcotics, drugs or other controlled substances. iv. Convicted, entered a plea of no contest or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any serious traffic offense. Al licensee shall notify the state licensing authority and local licensing authority in writing of the name, address and date of birth of any proposed new owner, controlling beneficial owner, business manager, person holding ai financial interest in the business or employee at least thirty days before the new owner, controlling beneficial owner, business manager or employee becomes associated with the business. The new owner, controlling beneficial owner, business manager or employee shall pass ai fingerprint-Dased criminal history record check as required by the state licensing authority and obtain the required identification prior to being associated with, managing, owning or working at the medical aRRuCReeanuans store. Proof of ownership or legal possession of the proposed licensed premises for the term of the proposed license shall be presented to the town clerk before any medical marijuana businessmariuana store license permitted by this article may bei issued. Ift the licensed premises willl be leased rather than owned by the applicant, a written consent by the owner ofi the property tol licensing of the premises as a medical marijuana Dusinessmariuana store must be submitted by the applicant to the town clerk as part of a complete application. A fully executed lease may satisfy this requirement ifit clearly indicates that the owner knows that the leased premises will be used as a licensed medicai marijuana- businessmariuana store. If the building in which the licensed premises will be located is regulated by a declaration of covenants, such declaration, covenants or restrictions shall be submitted by the applicant to the town clerk as part of its complete application to establish that a medical aN-weemaTuaTA store is not h. An operating plan for the proposed medical eRe-enetemaruans store including the owner is an entity other than ar natural person. government or the state. marijuana businessmariuana store. such license suspended or revoked. prohibited by such declaration, covenants or restrictions. following information: A description of the products and services to be provided by the medical marijuana Dusinessmariuana store, including an indication of whether or not the facility proposes to engage in the retail sale of medical marjuana-infused products for human consumption or Af floor plan showing all interior dimensions of the licensed premises and the layout of the medical apaRaueReaTaTuanA store. Such floor plan shall also show the controlling beneficial owner uses of the floor area depicted therein, including a depiction of where any services other than the dispensing of medical marijuana are proposed to occur on the licensed premises. If the building or proposed licensed premises are not yet in existence, the applicant shall file a scaled plot plan and a detailed sketch for thei interior and submit an ii. As security plan containing all information required by the state licensing authority's iv. Al lighting plan, including security lighting, for the licensed premises and adjacent grounds. V. Any information and documentation not included in the foregoing subparagraphs that is or will be required in an application to be filed with the state licensing authority for the state license that may be issued in accordance with the provisions of the Colorado Marijuana vi. Any additional documents or information reasonably requested by the town clerk. 2. Any application for a medical aeRabuaneanuans store license shall be accompanied byt the application fee, criminal background check fee, and an annual fee as required by section 5.16.060 above or in any resolution adopted pursuant thereto. No application shall be deemed complete or be 3. Upon receipt of an application for ar medical ananaePeamanuane store license, the town clerk shall circulate the application to the town manager, the building official and the marshal's office to determine whether the proposed facility is or will be in full compliance with any and all laws, rules and 4. Unless an application is under concurrent review byt thes state licensing authority and the local licensing authority, the marshal's office shall perform a criminal background investigation for the proposed licensee, business manager,i ifany, the controlling! beneficial owners oft the entity, ifa applicable, persons holding at financial interest in the proposed business, employees and any other persons subject to a criminal background check under the provisions of the Colorado Marijuana Code in connection with any license application permitted thereunder. The applicant shall pay all actual costs of such background checks. The town marshal shall provide the board of trustees with a written report concerning the character and record of the proposed licensee, the business manager if any, the controlling beneficial owners of any business entity that would constitute the licensee, persons holding Thet town manager, town building official and the town marshal shall perform physical inspection of the proposed licensed premises to determine compliance with any applicable requirement of this article 6. The town clerk shall not proceed to process any application for a license that is not complete or otherwise int full compliance with this article, any other applicable town ordinance or regulation or any applicabie laws of the state. The town clerk aiso shall refuse to further process any application that contains any false or incomplete information, but shall allow an applicant reasonable opportunity to correct deficiencies in applications that fail to include complete information before denying such use. architect's drawing of any building tol be constructed. regulations. Code. processed ini the absence of the payment ofs suchi fees. regulations administered by said departments. ai financial interest in the proposed business and employees. as well as any other applicable codes. application. (Ord.No.546, $ 1(1.7), 11-23-2020) 5.16.080-Procedures for approval or denial of license application. 1. Within thirty days following the date the town clerk certifies that a license application is complete, the local licensing authority shall approve the license application, deny the license application or approve the license application with conditions. No public hearing shall be required. However, the local licensing authority shall notifyt the applicant oft the date and time the application willl be considered. The applicant shall appear at such meeting and the applicant shall be permitted to address the local licensing authorityi ins supportoft the application. No application for al license authorized under this article shall be approved unless: a. All applicable requirements of this article have been satisfied; b. All applicable requirements of the Colorado Marijuana Code have been satisfied; C. Allr required licensee fees and associated costs have been paid by the applicant; d. The applicant has received a conditional use permit to operate the proposed medical marijuana businessmariuana store in accordance with thei town's land use code; e. All other applicable requirements of this Code have been met; The applicant has obtained a state sales taxl license, town sales taxl license, and al business license g. The applicant is not in arrears in regard to any administrative fines, court fines, assessments, h. No fraudulent, misrepresented or false statement of material or relevant fact is contained within 2. The local licensing authority shall issue its determination and findings within thirty days following the meeting aty which the application was considered. The local licensing authority shall notifyt the applicant inv writing of its determination and findings by First-Class U.S. Mail addressed to the applicant at the address shown on the application. No license shall actually bei issued by the local licensing authority until the applicant has obtained the requisite license from the state licensing authority. pursuant to article Toft this Code; sales tax reporting or payment obligations, or fees owed toi the town; and the application or was made to the local licensing authority. (Ord.No.546, $ 1(1.8), 11-23-2020) 5.16.090- Conditions on licenses. 1. At the time that a new license is first approved, when an existing license is renewed, at any time that a sanction other than revocation is imposed or at any time the local licensing authority approves a major change to a license, the local licensing authority may impose on the license any conditions related tot thel license, licensed premises or adjacent grounds thata are reasonably necessary to protect the public health, safety or welfare, including but not limited to the following: a. Additional security requirements; b. Additional record keeping requirements; Limits and requirements on parking and traffic flows; d. Requirements for walls, doors, windows, locks andi fences on thel licensed premises and adjacent Limits on the number of patients who may patronize the establishment at one time; Limits on medical maryuana-infused products that may be sold; g. Requirements and limits on ventilation and lighting; can be sold on the licensed premises such as drug paraphernalia; Limits on noise inside the licensed premises or on the adjacent grounds; grounds; h. Limits on the products other than medical marijuana and medical marijuana-infused products that Prohibitions on certain conduct int thel licensed premises thatwould disrupt existing uses on nearby k. Limits on hours of operation that are more restrictive than prescribed by section 5.16.110(K) Ar requirement that the licensee temporarily close the licensed premises to the public until certain properties; below; changes, inspections or approvals are made; and m. Al limitation on the square footage of the licensed premises. (Ord. No.5 546, $ 1(1.9), 11-23-2020) holding financial interest and employees. 5.16.100- Personal requirements for licensee, controlling beneficial owners, business manager, persons 1. The applicant, controlling beneficial owners, business manager, persons holding ai financial interest in the business and employees shall meet all requirements for the issuance of a license by the state 2. The applicant, controlling beneficial owners, business manager and employees shall all be over the 3. The applicant, controlling beneficial owners, business manager, persons holding ai financial interest in the business and employees have not been determined by any other medical marijuana licensing authority, any other licensing board within the state or the state licensing authority to not be persons The applicant, controlling beneficial owners, business manager, persons holding a financial interest in the medical marijuana Dusinessmariuana store and employees are presently persons of good 5. The applicant, controlling beneficial owners, business manager, persons holding a financial interest in ther medical emeueneeanuana store and employees shall bei ineligible based on a criminal 6. The applicant, controlling beneficial owners, business manager, persons holding a financial interest in the medical marjuana-Dusinesinessmariuana store and employees have not had their authority, ifa any, to 7. The applicant and controlling beneficial owners are not in default on any municipal, county, state or federali taxes, fees, fines or charges, do not have any outstanding warrants for their arrest, and do not 8. The applicant and controlling beneficial owners are noti in default on any student loan. 9. The applicant and controlling beneficial owners do not have any orders orj judgments against them for 10. The applicant and controlling beneficial owners are not peace officers or prosecuting attorneys. 11. The applicant and controlling beneficial owners are not licensed physicians who recommend medical licensing authority. age of twenty-one years. ofg good character and record within the preceding three years. character and record. conviction as defined by CRS S 44-10-307 as amended. act as a primary caregiver revoked by the state within the preceding two years. have any outstanding liens or judgments payable to the town. child support in default or in arrears. marijuana to patients. (Ord.No.546, $ 1(1.10), 11-23-2020) 5.16.110- Special restrictions and requirements. 1. Limitation on the Number of Licenses that may be Issued within the Town. All medical marijuana centermarijuana stores and facilities must be Co-located within al like licensed recreational marijuana businessmariuana storemarijuana store held by al licensee licensed under article II of this Code. No stand-alone medical marijuana license of any type shall be issued. The local licensing authority may issue up tot two medical mauanasenemanuana store licenses which must be Co-located in a center licensed under article II herein; one medical marjuana-infused products manufacturing licenses which must be co-located in a manufacturing facility licensed under article II herein; two optional premises cultivation operation licenses relating to medical en-cenernanuana store licenses, the operations of which are contiguous to the medical mauanacemtemariuana stores, and which must be co-located with a cultivation operation licensed under article II herein; one optional premises cultivation operation licenses related to medical maaRe-cenemaruena store licenses, the operations of which are not contiguous to the medical marijuana- centermariuana stores, which must be co-located in a premises cultivation operation licensed under article II herein; and one optional premises cultivation operation licenses related to medical marluana-infused products manufacturer, which must be co-located in an infused product manufacturing operation licensed under article II herein. In the event more than one license application for a medical an-ueemenuans storemarijuana store of the same classification is submitted to the local licensing authority within a period oft thirty days, the applications comply with all oft ther requirements of this article andt the Colorado Marijuana Code, but the local licensing authority is not permitted to approve all of the applications because of the limitations set forth in this subsection, the local licensing authority shall approve the application that the local licensing authority finds and determines will best promote the intent and purposes oft this article and the Colorado Marijuana Code in accordance with the procedures set forth for multiple applications under article Il of this Code. An application for renewal ofa an existing medical marijuana- businessmariuana storemarijuana store license shall receive a preference over an application for a new medical marijuana- businessmariuana storemarijuana store license ift the existing business has substantially met all of the requirements of this article and the Colorado Marijuana Code 2. Permitted Locations. All medical marijuana Dusinessmariuana storemarijuana store licenses shall be issued for a specific location which shall be designated as the licensed premises. Retail marijuana Dusinessmariuana storemarijuana store licenses shall only bei issued for locations permitted as shown ini the principle uses by: zoning district table contained ini the town's land use code. Ifa an applicant has not yet received a conditional use permit to operate a medical a-DPemanuans storemarijuana store, a license may be granted conditioned upon such conditional use permit being 3. Distance from Schools. Medical mauane-cenemaruena stores, cultivation operations, testing facilities, manufacturing facilities shall bel located a minimum of one thousand feeti from schools having full time enrollment of one hundred or more students, as measured from the nearest property boundary of such school use to the front door or primary access of the proposed licensed premises. Medical mapuanaseemanuana stores, cultivation operations, testing facilities, manufacturing: facilities shall be located a minimum of five hundred feet from schools having full time enrolliment of less than one hundred students, as measured from the nearest property boundary of such school use to the front door or primary access of the proposed licensed premises. Prior to issuing a retail marijuana Businessmarluana storemarijuana store license, the local licensing authority shall confirm that the proposed licensed premises boundaries meets such requirements. Medical manuanacememaniuana stores, cultivation operations, testing facilities, manufacturing facilities shall be located a minimum of two hundred fifty feet from a building that is primarily used as a school administration office where children may be present, as measured from the nearest property boundary of such schooi use to the 4. Once the paRe-wenemananA storemarijuana store license is issued, the town will not preclude a school from locating within the above described buffer zone. A retail marijuana businessmariuana storemarijuana store may then continue to operate at its present location. If a school use later locates within the applicable buffer zone, however, the licensee does sO at its own risk, and the issued license provides no protection or indemnification against enforcement of federal or other applicable laws prohibiting the operation of a retail AeN-eRseDaTuanA during the previous license term and is in good standing. granted. A present no industrial zone exists under the land use code. front door or primary access of the proposed licensed premises. storemarijuana store near a school. 5. Distance from Licensed Child Care Facilities. Medical marijuana centermarijuana stores, cultivation operations, testing façilities, manufacturing facilities shall be located a minimum of two hundred fifty feet from licensed child care facilities, as defined in the Colorado Marijuana Code. 6. Distance from Publicly Owned Playgrounds. Medical marijuana- centermarijuana stores, cultivation operations, testing facilities, manufacturing facilities shall be located a minimum of two hundred fifty feet from the nearest outside fence ofa any public playground owned byt the Town of Dolores. 7. Distance from Other Medical Marijuana- BusineseMariuana storeMarijuana storees. There shall ber no distance requirement between medical marijuana businessmariuana storemarijuana storees. 8. Non mobile facilities. No medical marijuana businessmariuana storemarijuana store shall be located in an movable or mobile vehicle or structure, and no medical marijuana products shall be delivered in the town unless such delivery is by a medical marijuana centermariuana store licensed by the town and 9. No Products to be Visible From Public. Marijuana plants, products, accessories and associated paraphernalia contained in a medical marijuana businessmariuana storemarijuana store shall not be visible from a public sidewalk, public street orr right-of-way, or any other public place or any portions of the building not restricted to patients only. Visibility of any outdoor optional premises cultivation operation shall be governed by the conditional use permit granted by the board of trustees. 10. NoE Beer or Alcohol on Premises. Not fermented malt beverages and no alcohol beverages, as defined in_the Colorado Beer Code and the Colorado Liquor Code, respectively, shall be kept, served or consumed on the premises of a medical eReuGPanananA storemarijuana store, except 11. Hours of Operation. Medical marijuana businessmariuana storees shall limit their hours of operation 12. Restrictions Regarding Signage. All signage associated with ar medical ayenalweneamanuane store shall meet the standards established in this Code and the land use code. In addition, no sign associated with a medical ARSNeReARTUanA store shall use the word marijuana, cannabis or any other word or phrase commonly understood to refer to marijuana unless such word or phrase isi immediately preceded by the word medical or the message of such sign includes the words for medical use or for medicinal purposes in letters that are no smaller than thel largest letter on the sign. No depiction of marijuana plants or leaves shall appear on any exterior sign of a medical marijuana 13. Storage of Products.. All products and accessories shall be center completely indoors and on-site out 14. Restrictions on Location of Transactions. All transactions involving medical marijuana shall occur 15. Consumption of Marijuana Prohibited. No consumption of any medical marijuana product shall be 16. Underage Persons Prohibited. No person under the age ofe eighteen years shall be permitted in the 17. Gun Sales and Pawn Shop Activities Prohibited. No gun sales or pawn shop activities shall be 18. Storage of Currency. All currency over one thousand dollars shall be center within a separate vault or safe (no marijuanai in safe), securely fastened to a wall ori floor, as approved byt the marshal's office. 19. Prevention of Emissions. Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the licensed premises shall be provided at all times. In the event that any debris, dust, fluids or other substances shall exit the licensed premises, the landowner and licensee shall be jointly and severally responsible for the full cleanup immediately. The medical aReuaPeseDATuaTA store shall properly dispose of all materials and other substances in a such delivery is specifically permitted by the Colorado Marijuana Code. forr marijuana tinctures. tot between eight a.m. and nine p.m. Dusinessmariluana store. of public view. indoors and out of view of the public. allowed or permitted on the licensed premises or adjacent grounds. licensed premises unless accompanied by a parent orl legal guardian. permitted on the licensed premises. safe and sanitary manner. 20. Compliance with Other Codes. The licensed premises and adjacent grounds of a medical marijuana Dusinessmariuana store shall comply with all zoning, health, building, electrical, mechanical, fire and other codes and ordinances of the town as shown by completed inspections and approvals by the community development department, building department, Dolores Fire Protection District and 21. No Harm to Public Health, Safety and Welfare. The licensed premises and adjacent grounds of a medical moanebunetmanuans store shall be operated in a manner that does not cause any Montezuma County Health Department, ifapplicable. substantial harm to the public health, safety and welfare. (Ord.No.546, $ 1(1.11), 11-23-2020) 5.16.120- Specific requirements for medical PeRPteRermanuana store. premises of the medical mauanacememanuana store. 1. Thel licensee shall also obtain an optional premises cultivation operation license, related tot thel licensed 2. The applicant shall cultivate at least seventy percent of the marijuana sold or exchanged on the 3. Small samples of medical marijuana products offered for sale may be displayed on shelves, counters and display cases in areas restricted to patients and primary caregivers. All bulk marijuana products shall be locked within a separate vault or safe (no other items in this safe), securely fastened to a wall 4. A medical marijuana- centermarijuana store may sell drug paraphernalia as that term is defined in chapter 10, article XII, of this Code to patients only and shall be exempt from the prohibitions contained in said article. Provided, however, a medical marijuana centermarijuana store shall not display drug paraphernalia for sale on the licensed premises and such drug paraphernalia shall only be shown to licensed premises. or floor, as approved by the marshal's office. patients in an area restricted to access by patients upon request. (Ord.No.546, $ 1(1.12), 11-23-2020) 5.16.130 Specific requirements for optional premises cultivation operation license. 1. The applicant shall also hold a medical mafana-cenemenuana store license or a medical 2. The proposed licensed premises shall be related to the licensee's licensed premises for a licensed medical marijuana- centermarijuana store or a medical marijuana-infused products manufacturer's 3. The area of the proposed licensed premises utilized for cultivation shall be equipped with a ventilation system with carbon filters sufficient ini type and capacity to eliminate marijuana odors emanating from thei interiori tot the exterior discernible by reasonable persons. The ventilation system must be inspected 4. The area of the proposed licensed premises utilized for cultivation shall be sufficiently separated from the area of the premises open to the public or to patients and primary caregivers, or a negative air pressure system shall be installed to prevent pesticides, fertilizers and other chemicals, artificial and natural, from moving intoi the: ambient air ini the area open toi the public, patients and primary caregivers or any adjacent building, and such separation or negative air pressure system shall be approved by 5. If carbon dioxide will be used in the cultivation area in the proposed licensed premises, sufficient physical barriers or a negative air pressure system shall be in place to prevent carbon dioxide from moving into the ambient air in any area open to the public or to patients ori in any adjacent building in marijuana-infused products manufacturer's license. operation. and approved by the building official. the Dolores Fire Protection District and the building official. a concentration that would be harmful to any person, including persons with respiratory disease, and shall bei inspected and approved by the Dolores Fire Protection District and building official. 6. Walls, barriers, locks, signage and other means shall be employed to prevent the public or patients and primary caregivers from entering the area of the licensed premises utilized for cultivation of 7. Disposal of unwanted marijuana by-products shall be done in accordance with procedures approved 8. If the approved cultivation area for the licensed operation increases in size, a new license must be issued and the existing conditional use permit shall be modified for the expanded area. 9. All permitted cultivation shall occuri indoors in a manner that cultivation lights shall not be visible from marijuana. byt the marshal's office. outside the cultivation structure. (Ord. No. 546, $1 1(1.13), 11-23-2020) 5.16.140- -Specific requirements for medical marljuana-infused products manufacturer's license. 1. The applicant shall have a contract with a medical manuanacememanuana store, stating the type and quantity of medical marijuana-infused products that the medical marijuana centermarijuana store 2. The applicant may obtain an optional premises cultivation operation license and cultivate its own medical marijuana for use in manufacturing. As an alternative, the licensee may obtain medical marijuana fromi not more than five different minsswmadans stores int the production of one medical maryuana-infused product. A medical marjuana-infused products manufacturer licensee shall have a written contract and shall at a minimum set forth the total amount of medical marijuana obtained from a medical meuans-ceRemaruana store licensee to be used in the manufacturing process and the total of medical marjuana-infused products to be manufactured from the medical marijuana obtained from the particular medical mpansceemmanuana store. will buyf from the licensee. (Ord.No.546, $ 1@.14),11-23-2020) 5.16.150- Renewal ofr medical AaF/4ana-DuSnesinessmarijuana store license. 1. A licensee may renew its medical ens-MeetsDaTuaTA store license by submitting an application to the town clerk at least forty-five days before and notr more than ninety days before the expiration of the license. Ifal licenseei fails toi file an application for renewal of its license at least forty- five days before expiration of thel license, the license shall expire. 2. Al licensee may renew a license that has expired if: a. Thel license has expired for less than ninety days; and b. The licensee pays the regular renewal fee and an additional five-hundred-dollar late renewal fee. 3. Ini the event an application for renewal has been filed at least forty-five days before the expiration of the previous license, butt thel local licensing authority does not rule oni the application for renewal before the expiration of the previous license, the previous license shall be deemed extended until the local licensing authority issues a decision on the application for renewal, buti in no event may the license be extended forr more: than thirty days. Ifthe applicanti is note eligible for reinstatement of an expired license by the State of Colorado, the applicant is subject to the procedures and fees provided ini the Code for The local licensing authority may renew a license without a public hearing. However, if the local licensing authority believes there may be good cause to deny the application for renewal, the local licensing authority shall hold one public hearing on the application. The licensee shall have an ar new license application. opportunity tol bel heard at the hearing and shall be given at least fifteen days' written notice oft the date 5. The! building official or designee shall conduct an annual fire and life safetyi inspection shall be required andi time of the public hearing on the application for renewal. prior tot the renewal of the license. (Ord. No. 546, $ 1(1.15), 11-23-2020) requiring approval of local licensing authority. 5.16.160- Major changes to medical AuRemaTNuans store license or licensed premises 1. AI licensee shall not make any of the following changes without first obtaining written approval of the local licensing authority which may be granted contingent upon state licensing authority approval: a. Any transfer of the license or any ownership interest in the licensee's business entity or license; Any change in the licensee's controlling beneficial owners or employees; d. Thel hiring, substitution, resignation, replacement or termination of the business manager; e. Any change in the ownership of any of the stock of licensee's corporation; Any change ini the structure, ventilation system, plumbing system, electrical supply system, floor plan, safe or vault, locks, surveillance system, fire suppression system or security system at the g. Any material change to the adjacent grounds, including but not limited to lighting, parking or h. Any material change in the operation from the operational plan submitted at the time the license 2. Thel locall licensing authority mays summarily approve any oft the above changes or hold aj public hearing on the same, int thel local licensing authority's discretion. Int the event thel local licensing authority elects to hold a public hearing, the local licensing authority shall post notice of the hearing in the manner described in C.R.S. S 44-10-303, on the licensed premises for a period of at least ten days. Notice of the hearing shall also be provided toi the applicant at least ten days prior tot the public hearing. 3. AI licensee shall report each major change described in this section to the local licensing authority at least thirty days prior to the change to allow sufficient time for the local licensing authority to review 4. Thet transfer ofal license to ar new owner does not constitute a newl license. The transferring ofal license or ownership interesti in al license takes thet transfer ofs such license ori interest subject toi the conditions, history, record, and sanctions imposed on that license under the previous ownership of the license. b. Any change in the location of the licensed premises; licensed premises; fences; and was approved. the proposed change. (Ord. No.546, $ 1(1.16), 11-23-2020) 5.16.170- Reports of minor changes. 1. Every licensee shall report the following to the local licensing authority in writing within ten days of a. Any change in a person's financial interest in the licensee's business, the licensed premises or b. Any charges filed against or any conviction of any controlling beneficial owner, business manager or employees for any felony, misdemeanor or serious traffic offense, including but not limited to any deferred judgment and sentence ordered or supervised by a court of law; and such event: adjacent grounds; C. Any change to any sign on thel licensed premises or adjacent grounds. (Ord. No. 546, $ 1(1.17,11-23-2020) 5.16.180- Books and records. 1. Every licensee shall maintain on the licensed premises at any time that any person is present on the licensed premises accurate and up-to-date books and records of the business operations of the licensee or an authentic copy of the same, including but notl limited to the following: a. All books and records required to be maintained by the Colorado Marijuana Code and the . Lists, manifests, orders, invoices and receipts for all marijuana, marijuana plants and medical maryuana-infused products cultivated, harvested, processed, delivered, purchased, centered, sold and exchanged during the preceding two years by each transaction or event, including the Ani inventory of all marijuana and medical marjuana-infused products presently on the licensed e. The name, address and a copy of each purchaser's medical marijuana registry card for every patient who has registered the medical marijuana centermariuana store as his or her primary center or who has purchased medical marijuana, marijuana plants or medical marjuana-infused The written recommendation of any physician who has recommended that a patient registered with the medical mapan-cenermanuana store needs more than two ounces of medical marijuana and six marijuana plants to address the patient's debilitating medical condition; The name, address and a copy of the medical marijuana license of any other medical marijuana facility licensee with whom thel licensee has transacted any business, including but not limited to any purchase, sale or exchange of marijuana plants, harvested marijuana or medical marijuana- h. Copies of the medical marijuana registry card of a homebound patient and the waiver from the state authorizing a primary caregiver to purchase medical marijuana for the homebound medical 2. Thel licensee shall separate or redact any information showing ap patient's debilitating medical condition regulations promulgated thereunder; date, source, strain, type, quantity, weight and purchaser; premises; d. Sales taxes and all other taxes collected and paid pursuant to this chapter; products at the licensed premises; infused products; and marijuana patient andi transport the same to the homebound patient. from the above records. (Ord. No. 546, $ 1(1.18), 11-23-2020) 5.16.190- Inspection of books and records; audits. 1. Any law enforcement officer or the town manager may, without a warrant and without reasonable suspicion, inspect the books and records described ins section 5.16.180 above at anyt time that anyone is present inside the licensed premises, but shall noti inspect confidential patient medical information describing a patient's debilitating medical condition, unless a warrants specifically authorizing! inspection of such records isi issued or there are legal grounds that would excuse the requirement of a warrant. 2. Upon five days' written notice, a licensee shall provide the books and records of the licensee for inspection or auditing by the town, but shall not ber required to provide any confidential patient medical information. Int the event confidential patient medical information is interspersed with other records or is contained on the same sheet of paper or electronic record, the licensee shall copy the record and redact the confidential patient medical information and provide a redacted copy to the town or law enforcement officers. (Ord.No.546, $ 1(1.19), 11-23-2020) 5.16.200-1 Inspection of licensed premises and adjacent grounds. 1. Every licensed premises and adjacent grounds shall be open toi inspection byt town marshals, building officials, Dolores Fire Protection District officials, zoning officials and health department officials at any time that anyone is present ini the licensed premises, without obtaining a search warrant and without reasonable suspicion to believe that any violation or criminal offense has occurred. 2. The licensee, controlling beneficial owners, business manager and employees shall have no reasonable expectation of privacy as to the buildings, rooms, areas, furniture, safes, lockers or containers on the licensed premises and adjacent grounds, except as provided in this section. 3. Licensees, controlling beneficial owners, business managers, employees, patients, primary caregivers and other persons on the licensed premises and adjacent grounds shall retain a reasonable expectation of privacy as to their medical condition, their persons, the personal effects in their immediate possession, and their motor vehicles on the licensed premises and adjacent grounds, to the extent provided by law. (Ord.No.546, $ 1(1.20), 11-23-2020) 5.16.210-5 Suspension and revocation of license. 1. Ina accordance with C.R.S. S 44-10-901, as contained in the Colorado Marijuana Code, and the rules and regulations promulgated thereunder, thel local licensing authority shall have the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the licensee shall be afforded an opportunity to be heard, to suspend or revoke a medical marijuana Dusinessmariuana store license issued by the local licensing authority. The local licensing authority shall have the power to administer oaths andi issue subpoenas to require the presence of persons and the production ofp papers, books andi records necessaryt toi the determination oft the! hearing. Subpoenas shall be enforced by the municipal court. The procedure for imposing such disciplinary actions shall 2. The local licensing authority may suspend or revoke a medical marijuana Dusinessmariuana store license for a violation by the licensee or by any of the agents or employees of the licensee of the a. Any of the provisions of the Colorado Marijuana Code or the rules and regulations promulgated b. Good cause as defined in subsection (17) of C.R.S. S 44-10-103, as contained in the Colorado d. Thel licensee has failed to pay the annual medical marijuana license and application fees, annual e. Thel licensee has made any false statement in the application for a license or renewal thereof as The licensee has failed either toi file the required reports or to furnish suchi information and records g. Violation of any condition imposed by the local licensing authority on thei issuance of the license; bei in accordance with C.R.S. $44-10-901. following: thereunder; Marijuana Code; Violation of any of the provisions seti forth in this article; business license fee or sales taxes due and owing; to any ofi the facts required to be stated in such application; as required by this article; h. Any facts or conditions exist which, ifit had existed or had been known to exist at thet time of the applicationi for such license or renewal thereof, would have warranted thel local licensing authority The licensee has failed to maintain the licensed premises in compliance with the requirements of the land use code or any building, electrical or mechanicai code provision applicable to the The licensee, or any of the agents or employees of the licensee, have violated any ordinance of the town or any state law on the licensed premises or have permitted such a violation on the 3. Except in the case of an emergency suspension, a suspension of a license shall not be for a period 4. Any final decision of the local licensing authority suspending or revoking a medical marijuana Dusinessmariuana store license, following al hearing as permitted int this section, may be appealed to the Montezuma County District Court within thirty days following the date of such decision pursuant to inr refusing originally to issue such license or renewal thereof; licensed premises; or licensed premises by any other person. longer than six months. the provisions of Rule 106(a)(4), Colorado Rules of Civil Procedure. (Ord.No.546, $ 1(1.21), 11-23-2020) ARTICLE II. LICENSING AND REGULATION OF RECREATIONAL MARUVANABUSINESSMARUUANA STOREES 5.16.220- Purpose. 1. The board of trustees intends to regulate the use, acquisition, production and distribution of recreational marijuana in a manner consistent with the Section 16 of Article XVIII of the Colorado Constitution ("Retail Marijuana Amendment") and in accordance with the Colorado Marijuana Code, Article 10 of Title 44, C.R.S. (the "Colorado Marijuana Code")a and regulations adopted by the State of a. The Colorado Marijuana Code, Article 10 of Title 44, C.R.S., imposes statewide regulations pertaining to the cultivation, manufacture, distribution and sale of retail marijuana and for the licensing of retail marijuana Dusinesemariuana. store establishments. Such legislation also permits local licensing of such establishments. However, the state lawi is not intended to, and does not; address the local impacts of marijuana operations, making it appropriate for local b. The use, distribution, cultivation, production, possession and transportation of marijuana remains illegal under federal law, and marijuana is still classified as a "Level 1 Controlled Substance" under federal law. Nothing within this article is intended to promote or condone the production, use, sale or distribution of retail or recreational marijuana other thani in compliance with applicable This article is not intended to regulate medical marjuana-Dusinessmariuana storees which are d. This article is to be construed to protect the interests of the public over marijuana businesemariuana store interests. Operation of a retail eRe-uenemenuans store establishment is a revocable privilege and not a right within the town. There is no property right for an individual to have al business to sell marijuana within the Town of Dolores. 2. The purpose of this article II is to implement the Recreational Marijuana Amendment in a manner consistent with the Colorado Marijuana Code to protect the health, safety and welfare of the residents of the town by prescribing the time, place and manner in which retail RAMePeeDTNVAnA storees may be operated within the town. In addition, the purpose of this article is to: Colorado thereunder. regulation of aRRMenemaTuans store. local and state law and the Colorado Constitution. governed by article iabove in this chapter. a. Provide fort thes safe sale ofr retail and recreational marijuana to persons legally permitted to obtain, possess and use marijuana for recreational purposes in accordance with the Recreational b. Protect public health and safety through reasonable limitations on business operations as they relate to noise, air quality, food safety, public safety, security for the businesses and their C. Impose fees in an amount sufficient to cover the direct and indirect cost to the town of licensing d. Allow retail mepvana-ceBemaduana stores, retail marijuana cultivation facilities, retail marijuana product manufacturing facilities and retail marijuana testing facilities to operate in Facilitate the implementation of the Recreational Marijuana Amendment without going beyond The approval of any license, renewal or change to any existing license by the local licensing authority is expressly contingent upon approval of the applicant by the statel licensing authority. Marijuana Amendment. personnel, and other health and safety concerns. and regulating retail marijuana businessmariuana store. compliance with this article II. the authority granted by such amendment. (Ord. No. 546, $ 1(2.1), 11-23-2020) 5.16.230- - Definitions. 1. The following words and phrases used in this article shall have the following meanings unless the a. Applicant means a person who has submitted an application to the Dolores Local Licensing Authority pursuant to this article to operate a retail eenctmaTuans store, which b. Advertised, advertising or advertisement means the act of drawing the public's attention, whether through print, signs, telephonic, electronic, wireless or digital means, to a retail marijuana businesemariuana store or retail marijuanai testing facilityi in order to promote the sale, cultivation, Business manager means the individual(s) designated by the owner of a retail marijuana centermarijuana store, retail marijuana cultivation facility, retail marijuana product manufacturing facility, or retail marijuana testing facility who are registered with the town as the person(s) responsible for all operations of the business during the owner's absence from the business d. Character and record includes all aspects of a person's character and record, including but not limited to, moral character; criminal record including serious traffic offenses; record of previous sanctions against liquor licenses, gambling licenses, retail marijuana licenses, or medical marijuana licenses, which the person owns, in whole ori in part, and which the person serves as a controlling beneficial owner, manager or employee; education, training, experience; civil judgments entered against the person; truthfulness, honesty; and financial responsibility. The conviction of any person for any offense, shall not, in itself, be grounds for a finding of a bad character and record if such person demonstrates that he/she has been rehabilitated in accordance with C.R.S. S 24-5-101. In the event the local licensing authority considers information concerning the criminal history of a person, the local licensing authority shall also consider any information provided by an applicant regarding such criminal history records, including but not limited to, evidence of rehabilitation, character references and educational achievements, especially those items pertaining to the period of time between the last criminal e. Co-located marjuana Dusinessmariuana. store means a medical marijuana businessmariuana store that has a license pursuant to article lof this chapter that is permitted by the owner of the context clearly indicates otherwise: application has not been approved or denied by the authority. ort testing of marijuana by the business. premises. conviction and the time of consideration of a license application. building and all applicable laws, to dividei the licensed medical marjuana-businesinessmariuana store to allow for both a medical mepane-cemermanuana store and a retail marijuana centermariuana store as a separate business premises with separate licenses from the town Colorado Marijuana Code shall mean. Article 10 of Title 44, C.R.S., as the same. may be hereafter Direct beneficial interest owner means a person or closely held business entity that owns a share or shares of stock in al licensed retail marijuana businessmariuana store, including the officers, directors, managing members, or partners of the licensed retail marijuana businessmariuana store or closely held business entity, or a qualified limited passive investor. h. Good cause, for purpose of denial of an initial, renewal, or reinstatement ofa al license application, or for the imposition of disciplinary action against an existing licensee shall mean: Thel licensee or applicant has violated, does not meet, or has failed to comply with any of the terms and conditions oft this article Il or provisions of the Colorado Marijuana Code, any rules promulgated pursuant thereto, or any others supplemental relevant state or local law, rules or The licensee or applicant has failed to comply with any special terms or conditions that were placed upon the license pursuant to an order of the state licensing authority or the Dolores iv. Thel licensee's licensed premises has been operated in a manner that adversely affects the public health, safety or welfare of the neighborhood in which the establishment is located. Good moral character means having a personal history that demonstrates honesty, fairness, and respect for the rights of others and thel law, pursuant to Colorado Marijuana Enforcement Division License means to grant a license pursuant to the Colorado Marijuana Code and this article for a retail mvaneceermenuana store, retail marijuana cultivation facility, retail marijuana product k. Licensed premises means the premises specified in an application for a license pursuant to this article VChapter: 5.16] andi the Colorado Marijuana Code thati is owned by ori in possession oft the licensee and within which the licensee is authorized to distribute, sell, cultivate, or manufacture marijuana products, or test retail marijuana in accordance with the provisions of the Colorado Licensee shall mean the retail aPeuenetemanuans store named on the retail marijuana businessmariuana store license, and all individuals named in the initial retail marijuana Dusinessmariuana store license application, ori individuals later submitted to and approved byt the town, including without limitation, owners, business managers, financiers, andi individuals owning any part of an entity that holds a financial or other ownership interest in the retail marijuana m. Local licensing authority shall mean the Dolores Local Licensing Authority which shall consist of n. Marijuana for the purposes of this article shall have the same meaning as set forth in the Recreational Marijuana Amendment or as may be more fully defined in any applicable state or 0. Marijuana accessories shall have the same meaning as such term is defined in the Recreational within the same footprint and owned by the same person(s) or entity. amended, and any rules or regulations promulgated thereunder. regulations; or Local Licensing Authority; or ii. The licensee or applicant has al bad character and record; or regulations. manufacturing facility, or retail marijuana testing facility. Marijuana Code. businessmariuana store. the members of the Dolores Board of Trustees or its designee(s). local law or regulation. Marijuana Amendment. p. Marijuana businessMariuana store shall mean any medical marijuana- businessmariuana store as defined by article loft the this chapter or retail marijuana- businessmariuana store as defined q. Medical marijuana shall have the same meaning as set forth in Section 14 of Article XVIII of the Medical marjuana Dusinessmariuana store shall include medical mauans-cenlemanuans stores, medical marijuana infused products manufacturers, and medical marijuana optional premises cultivation operations as defined in the Colorado Marijuana Code, Article 10 of Title 44, S. Operating fees means fees that may be charged by the town for costs including but not limited to inspection, administration, and enforcement of regulations governing retail marijuana Dusinessmariuana store authorized pursuant to subsection 16(5)(f) of Article XVIII of the Colorado Constitution, the Colorado Marijuana Code, the rules adopted pursuant thereto, and Place open to the general public shall mean any property owned, leased or used by a public entity, any place of private property open to the public, common areas of buildings, public parks, vehicles, streets, sidewalks, trails, those portions of any public or private property upon which the public has an expressed or implied license to enter or remain, and any place visible from such places. Places open to the general public shall not include any private residential property u. Preschool means a facility that provides preschool programs and services to a school district under the Colorado Preschool Program Actt to ar majority of the children who attend or are enrolled V. Recreational marijuana means any marijuana intended for recreational use which meets all oft the requirements for recreational marijuana contained in this article, the Recreational Marijuana W. Retail marijuana means all parts of the plant of the genus cannabis (hereafter the plant) whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, ori its resin including marijuana concentrate, that is cultivated, manufactured, distributed, or sold by a licensed retail marijuana centermarijuana store. Retail marijuana does not include industrial hemp, nor does iti include fiber producedi from stalks, oil or cake made from the seeds oft the plant, sterilized: seed of the plant which isi incapable of germination, or the weight of any otheri ingredient combined" with marijuana to prepare topical or oral administrations, food, drink, or other products. Retail marijuana cultivation facility has the same meaning as 'marijuana cultivation facility" as y. Retail marijuana Businessmariuana. store means a retail mnariyuana- centermariuana store, ar retail marijuana cultivation facility, aretail marijuana products manufacturer, ora ar retail marijuana testing Z. Retail marijuana products manufacturer has the same meaning as 'marijuana product manufacturing facility" as defined in Section 16(2)0) of Article XVIII of the State Constitution. aa. Retail mauanacenepenuena store has the same meaning as defined in Section 16(2)(n) of bb. Retail marijuana testing facility means "marijuana testing facility" as defined in Section 16(2)(1) ofA Article XVIII of the State Constitution thati is licensed pursuant to the Colorado Marijuana Code. CC. School means a public or private licensed preschool, or aj public, private or charter elementary, middle, junior high or high school, vocational school, secondary school, community college, int this article I. Colorado Constitution. C.R.S. this article II. regardless of whether it can be seen from aj place open to the public. int that facility. Amendment, and any other applicable state or local law. defined in Section 16(2)(h) of Article XVIII of the State Constitution. facility. Article XVIII of the State Constitution. college or other institution of higher education. dd. State licensing authoritymeans the authority createdi fort the purpose ofr regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of retail marijuana in Colorado, ee. As used herein the term "light infused product manufacturing" shall mean the manufacturing of marijuana products in a manner that does not involve the use of butane, compressed carbon dioxide gas, or other flammable, explosive, or hazardous materials. By way of example, "light infused product manufacturing" would include the preparation of edible products in a commercial kitchen made from a THC Distillate that is manufactured elsewhere or which is extracted using a pursuant to C.R.S. S 44-10-201, of the Colorado Marijuana Code. non-hazardous cold-water process. (Ord. No. 546, $ 1(2.2), 11-23-2020; Ord.No.553, $1,5-11-2021) 5.16.240- License required for retail PARUReOATLanA store. Its shall be unlawful to operate a retail manpenacememenuena store, ai retail marijuana cultivation facility, a retail marijuana product manufacturing facility, or a retail marijuana testing facility within the Town of Dolores without first obtaining ai town license to operate pursuant to this article, and having a validly issued license in good standing from the State of Colorado, and having paid all applicable fees. Any person violating this section shall be punished by ai fine of up tot three hundred. ninety-nine dollars, or byi imprisonment int the Montezuma County jail for aj period of up to ninety days, or by both such fine and imprisonment. Each day that a violation continues shall be considered as separate and distinct offense. (Ord.No.546, $ 1(2.3), 11-23-2020) 5.16.250- Composition of local licensing authority. The board of trustees is hereby designated as the Dolores Local Licensing Authority. Thel board of trustees, may by resolution, delegate its authority or part ofi its authority set forth in this article to an individual or group of individuals to act as the local licensing authority. (Ord. No.546, $1 1(2.4),11-23-2020) .16.260-Functions and powers of local licensing authority. against al licensee ini the manner provided by law. 1. The local licensing authority shall have the duty and authority pursuant to the Colorado Marijuana Code and this article to grant or deny an application described in this article and to levy penalties 2. The local licensing authority shall consider applications for new business premises, transfer of ownership, change of location, licensed premises modification, changes in tradename and any other 3. The local licensing authority shall have the power to promulgate rules and regulations concerning the 4. The local licensing authority shall have the power to require any applicant or licensee to furnish such information to the authority as may be reasonably necessary in order for the authority to perform the 5. The local licensing authority shall have the power to administer oaths andi issue subpoenas to require the presence of persons and the production of papers, books and records at any hearing which the authority is authorized to conduct. Any subpoena shall be served in the same manner: as a subpoena issued! by a district court oft the state. The municipalj judge shalll havei the power and authority to enforce appropriate application. procedure for hearings before the local licensing authority. duties andi functions authorized byt this article II. such subpoena. (Ord. No. 546, S 1(2.5), 11-23-2020) 5.16.270-1 Limitation on the number of licenses that may bei issued within thet town. Ar maximum of two retail marijuana centermarijuana store licenses which may be a co-located medical and retail aamausneananuans store shall bei issued by the local licensing authority. A maximum of two retail marijuana cultivation licenses which may be a co-located medical and retail marijuana businesemariuana store shall be issued by the local licensing authority. A maximum of one retail marijuana manufacturing facility license which may be a co-located medical and retail marijuana Dusinesemariluana store shall be issued by the local licensing authority. A maximum of one retail marijuana testing facility license shall bei issued by the local licensing authority. An application for renewal of an existing retail manwenaceemanuana store license or retail marijuana cultivation facility license shall receive a preference over an application for ar new retail maeanacememanuana store license or newi retail marijuana cultivation facility license ift the existing business has substantially met all oft the requirements of this article andi the Colorado Marijuana Code during the previous license term and is in good standing. Ifar new retail maryuana- centermarijuana store license or a new retail marijuana cultivation license becomes available fori issuance after thei issuance of the initial licenses described herein, the town clerk may publish a notice stating when the town will accept applications for such licenses. Any applications received before or after the period described in such notice willl be considered null, void and of no effect. (Ord. No. 546, $ 1(2.6), 11-23-2020) 5.16280-Co-location of ARuAesmanuans storees. 1. A person who holds a medical marijuana- -centermariuana store license pursuant to article I of this chapter and Article 10 of Title 44, C.R.S. and a retail marijuana centermarijuana store license may operate both licenses within the same premises ("co-located operation"), provided they can satisfy the requirements applicable to each business or each premises under the Colorado Marijuana Code, Article 10 of Title 44, C.R.S., Colorado Marijuana Code, and articles l'and Il of this chapter. 2. No Co-located license shall be issued for a retail marijuana- centermarijuana store in a retail marijuana testing facility, or for a medical anabueneamanuane store in a retail marijuana testing facility. 3. No Co-located! license: shall bei issued fora al location in any: zone where either oft thej proposed Co-located 4. In the event a medical mauanacemermanuans store authorizes medical patients under twenty-one years of age on the premises, then there shall be a complete separation of the medical marijuana centermariuana store and the retail mauane-cenemaruana store operated under co-located licenses. Specifically the operation of a co-located business premises shalli include thet following: operations are prohibited by thet town's land use code. a. Separate sales and storage areas; b. Separate entrances and exits; C. Separate inventories and inventory tracking processes; d. Separate point of sales operations; e. Separate record keeping systems; and businessmariuana store. Each operation shall otherwise meet all requirements imposed herein or in any state law for the operation of a retail -BaMeaTLans store and a medical marijuana 5. Licensees operating a medical uane-cenermanuana store that prohibits the admittance of patients under the age of twenty-one years and a retail mosanacememanuana store may share their licensed premises as a Co-location. Such a medical marijuana centermarijuana store licensee must post signage that clearly conveys that persons under the age of twenty-one years may not enter the premises. Under these circumstances, and upon approval oft the state licensing authority and the Dolores Local Licensing Authority, the medical marijuana and retail marijuana and medical marijuana- infused products and retail marijuana products must be separately displayed on the same: sales floor. Record keeping for the business operation of both must enable the state and the town to clearly distinguish the inventories and business transactions of medical marijuana and medical marijuana- infused products from retail marijuana and retail marijuana products. (Ord. No. 546, $ 1(2.7), 11-23-2020) 5.16.290 Issuance ofi initial licenses--General. 1. After adoption oft this chapter, the town clerk may publish ar notice that the Town of Dolores is accepting applications for retail Re-wenetmantane store licenses. Said notice shall establish a deadline for the town's acceptance of such applications. The town clerk shall initially review such applications for completeness. In the event the town clerk finds that an application is incomplete, the town clerk shall notify the applicant in writing of the application deficiencies and allow the applicant to correct such deficiencies within fifteen days from the date of receiving such notice. The town clerk shall then forward the applications to the local licensing authority for processing and review. The local licensing authority shall then finally determine the sufficiency of the license applications and the eligibility of the applicants to hold a retail PARRUGRESTanVAnA store license. 2. The town clerk shall initially review such applications for completeness. If an application is incomplete ori fails to comply with the requirements of this article or the Colorado Marijuana Code, Article 10of Title 44, C.R.S., the town clerk shall reject said application. Amendment of such application or correction of information on such application shall not be permitted. The town clerk shall forward the applications that appear complete andi in compliance with this article and the Colorado Marijuana Code to thel local licensing authority for processing and review. The local licensing authority shall then finally determine the sufficiency of the license applications and the eligibility of the applicants tol hold a retail aeReemanuans store license. (Ord.No.546, $ 1(2.8), 11-23-2020) 5.16.300- Issuance of licenses-Retail aPanPteRtemaruana stores and retail marijuana cultivation 1. If more sufficient license applications are received than the maximum number allowed pursuant to section 15.16.290 and the local licensing authority is not permitted to approve all of the sufficient applications received because of the limitations set forth in section 15.16.270, the local licensing authority shall establish a date and time for selecting by lot the priority of the sufficient license applications. The local licensing authority shall then proceed to approve one retail marijuana centermariuana store license to the highest priority applicant who has been a bonafide resident of Dolores, Colorado for atl least one year prior to the date oft the application, ori ifa business entity, over fifty percent of its direct beneficial interest owners have been bonafide residents of Dolores, Colorado for at least one year prior to the date of the application. The local licensing authority shall also approve one retail marijuana centermariuana store license to the highest priority applicant as determined by lotofa all sufficient applications received, that have paid the appliçable license and operational fees and that comply with the requirements of this article. The local licensing authority shall also approve two retail marijuana cultivation facility licenses for thet two highest priority applicants, as determined byl lot, that have paid the appliçable license and operational fees and that comply with the requirements of this article. One retail marijuana cultivation facility license shall be awarded to the highest priority applicant as determined byl lot whol has been al bonafide resident of! Dolores, Colorado for at least one year prior to the date of the application, or ifal business entity, over fifty percent of the direct beneficial owners have been bonafide residents of Dolores, Colorado for at least one year prior to the date of facilities. the application. At third retail marijuana cultivation facility license shall bei issued to the highest priority applicant as determined by lot who was not awarded al license through the process described above. 2. Inr regard to license applications for retail marijuana centermarijuana stores and/or retail marijuana cultivation facilities received by the local licensing authority, ifr more sufficient license applications are received by the local licensing authority than the number of availabie licenses permitted pursuant to section 15.16.290 and the local licensing authority is not permitted to approve all of the sufficient applications received because of the limitation set forth in section 15.16.270, the local licensing authority shall establish a date and time for selecting by lot the priority of the sufficient license applications. No priority shall be given based upon the residency of the applicant. 3. The local licensing authority shall also issue retail marijuana cultivation licenses to retail marijuana centermarijuana store licensees who also submit applications for a retail marijuana cultivation facility and who agree that at least seventy percent of the product cultivated will be supplied to its own retail 4. Initial Review. In addition to other requirements contained in this article Ilt thei initial criteria considered for review byt thel locall licensing authority for an application for ar retail maanacememanuana store license and retail marijuana cultivation facility license must be satisfied in full before the applicant will a. The applicant has fully completed a state licensing authority application including all subparts thereof, which shall be submitted as part of its application to the local licensing authority. No material changes to the application to the state licensing authority shall be made after such submission to the local licensing authority. This Code contemplates that the completed state licensing authority application will be submitted to the state licensing authority after approval by the local licensing authority. "Material change" includes change of location, change of type of license, change in business structure or financing srucurearangemens, change in detailed The applicant shall not be ineligible based on a criminal conviction as defined by CRS S 44-10- The applicant's proposed facility location satisfies the buffering requirements seti forth herein; and d. The business must certify thati it has satisfied or will meet the minimum security requirements of 5. Award of Retail MenuanaCeneaanuana store and Retail Marijuana Cultivation Facility Licenses. The local licensing authority shall issue a retail marijuana- centermarijuana store license to the applicants witht thel highest priority (as determined byl loti if necessary) thath have paid all applicable fees and that comply with the requirements of this article. The local licensing authority shall issue a retail marijuana cultivation license to the two applicants with the highest priority as determined by lot as described above, that have paid alla applicable fees and that comply with the requirements oft this article. 6. Limitation on Number ofl Licenses per Person. No person or business entity or any person associated with a business entity may hold an ownership interest in more than one retail marijuana marijuana- centermarijuana store. be assigned a priority number. The initial review standards are as follows: floor plans, or changes to applicants security plan; 307 as amended; this article VIChapter 5.16] prior to opening. centermarijuana store located in thei town. (Ord. No. 546, $ 1(2.9), 11-23-2020) 5.16.310 Permitted locations. All retail marijuana businessmariuana store licenses shall bei issued for a specific location which shall be designated as the licensed premises. Retail anReueReeOATLanA store licenses shall only be issued for locations permitted as shown in the Principle Uses by Zoning District Table contained int thei town's land use code and appendix to article IVI herein. Ifan applicant has not yet received a conditional use permit to operate ar retail ARAPueRetmaTuanA store, al license may be granted conditioned upon such conditional use permit being granted. (Ord. No. 546, $ 1(2.10), 11-23-2020) 5.16.320- Distance requirements from schools and other locations. 1. Distance from Schools. Retail mauana-cememenuana stores, cultivation operations, testing facilities, manufacturing facilities shall bel located ar minimum of one thousand feet from schools having full time enrollment of onel hundred or more: students, asi measured fromi the nearest property boundary of such school use to the front door or primary access of the proposed licensed premises. Retail mapamacememanuana stores, cultivation operations, testing facilities, manufacturing facilities shall be located a minimum of five hundred feet from schools having full time enrollment of less than one hundred students, as measured from the nearest property boundary of such school use to the front door or primary access of the proposed licensed premises. Retail marijuana centermarijuana stores, cultivation operations, testing facilities, manufacturing facilities shall be located a minimum of two hundred fifty feet from a building thati is primarily used as as school administration office where children may be present, as measured fromi the nearest property boundary of such school use to the front door or primary access of the proposed licensed premises. Prior to issuing a retail marijuana businessmariuana store license, the local licensing authority shall confirm thati the proposed licensed 2. Once ther auanauanetmanuane store license isi issued, the town willr notp preclude a school from locating within the above described buffer zone. A retail marijuana- businessmariuana store may then continue to operate at its present location. If a school use later locates within the applicable buffer zone, however, the licensee does so at its own risk, and the issued license provides no protection or indemnification against enforcement of federal or other applicable laws prohibiting the operation of a 3. Distance from Licensed Child Care Facilities. Retail mauans-cenemariuana stores, cultivation operations, testing facilities, manufacturing facilities shall be located a minimum of two hundred fifty feet from licensed child care facilities, as defined in the Colorado Marijuana Code. 4. Distance from Publicly Owned Playgrounds. Retail marijuana centermarijuana stores, cultivation operations, testing facilities, manufacturing facilities shall be located a minimum of two hundred fifty feeti from the nearest outside fence of any public playground owned by the Town of Dolores. 5. Distance from Other Medical Marijuana- Business.Mariuana storees. There shall be no distance premises boundaries meet such requirements. retail eneueReamanuane store. requirement between medical marijuana- businessmariuana storees. (Ord. No. 546, S 12.11,11-23-2020) 5.16.330 General licensing conditions. 1. Except as specifically provided herein, the issuance of a license for a retail marijuana Dusinessmariuana store by the town shall be subject to compliance with all provisions of C.R.S.S44- 2. The license requirements set forth in this article shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federai, state or locai law, including by way of example, a retail sales license, an occupation tax license, an excise tax license, a retail food 3. The issuance of a license pursuant to this article does not create a defense, exception or provide immunity to any personi in regard to any potential criminall liability ap personr may havet fori the production, 4. As separatel license shall be required for each location from which ar retail marijuana businessmariuana store is operated. A separate license shall be required for each specific business or business entity, for each geographical location and for each Co-located retail marijuana- centermarijuana store. No 10-313, conçerning licensing requirements. establishment license, or any applicable zoning, land use or building permits. distribution or possession of marijuana. person or entity may hold an ownership interest in more than one retail maspamacenlemariuana 5. The submission of an application fort thei issuance of al license under this article from thet town shall act as acknowledgement and agreement by the applicant or the licensee that the sale of marijuana continues to be subject to the control and jurisdiction oft thei federal government and actions taken by the federal government under the federal laws and regulations may limit or invalidate any license issued by the town or the licensee's ability to own or operate a retail arjuana-Dusinessmariuana . After submission ofa al license application tot thel locall licensing authority, no material revisions, changes, corrections or amendments to such application will be accepted by the local licensing authority. "Material" includes, but shall not be limited to, change oft type of license, change in business structure, change of persons participating in al business entity, ori financing structurelanrangements, change in store within the Town of Dolores. store in the town. detailed floor plans, and a change to the security plan. (Ord. No.546, $ 1(2.12), 11-23-2020) 5.16.340- License application requirements. 1. Start Date. The local licensing authority shall receive and process all applications for retail marijuana 2. Application Materials. An application for a retail marijuana businessmariuana store license shall be made on forms provided by the town clerk for such purposes. Only one original application will be accepted. Copies will not be accepted. The town clerk is authorized to promulgate requirements concerning organization of the application such as binding requirements, font size, etc. The applicant shall use the application to demonstrate its compliance with the provisions of this article II and other applicable laws, rules or regulations. In addition to general information required of standard a. Name and address of the owner or owners of the proposed retail RRNEReTanuAns b. Ift the proposed owner is a corporation, then the application shall include the name and address of all officers and directors of the corporation, and of any person holding any financial interest in the corporation, whether as a result of the issuance of stock, instruments of indebtedness, or otherwise, including disclosure information pertaining to bank, savings and loan associations or Ifthe proposed owner is a partnership, association or limited liability company, the application shall include the name and address of all partners, members, managers or persons holding any financial interest in the partnership, association or limited liability company, including those holding an interest as the result ofi instruments ofi indebtedness or otherwise including disclosure of information pertaining to a bank, savings and loan association, or other commercial lender which has loaned funds to the applicant. Iti is not permissible to refer to such individuals using d. Ifthe owner is not a natural person, the application shall include copies of the organizational documents for all entities identified in the application and the contact information for the person e. Name and address of the proposed business manager(s) of the retail marijuana businessmariuana store, if the business manager is proposed to be someone other than the As statement indicating whether any of the named owners, members, business managers, parties businessmariuana store licenses beginning on January 4, 2021. applications, the application shall require the following information: store andi in whose name thel license is proposed to be issued. other commercial lender which has loaned funds tot the applicant. generic descriptions such as "family and friends." that is authorized to represent the entity or entities. owner, or if the owner is an entity rather than a natural person. with ai financial interest, or persons named on the application have been: Denied an application for a medical ane-uenetmanuans store license or a retail marijuana businessmariuana store license pursuant to any state or local licensing law, rule Denied an application for a liquor license pursuant to Article 3 or 4 of Title 44, C.R.S., or by any similar state or local licensing law, rule, regulation or had such license suspended or ili. Convicted, entered a plea nolo contendere, or entered a plea of guilty in conjunction with a deferred judgment and sentence pertaining to any charge related to possession, use, or possession with intent to distribute narcotics, drugs or controlled substances. iv. Convicted, entered a plea of nolo contendere, or entered a plea of guilty in conjunction with adeferred judgment and sentence pertaining to any charge related to driving or operating a motor vehicle while under the influence or while impaired by alcohol or controlled V. The applicant shall not bei ineligible based on a criminal conviction as defined by CRSS4 44- g. Proof that the applicant will have ownership or legal possession and control of the premises proposed for the retail ReuePeaaTuanA store for the term of the proposed license. Purchase contracts forr real estate may noti include. ac contingency forl licensure. "Backup contracts" will not be accepted as evidence the applicant has control of the property. Similarly, leases may orr regulation, or had such license suspended or revoked. revoked. substances. 10-307 as amended. not include a contingency for licensure. h. Proof ofi insurance as follows: Workers compensation insurance to cover obligations imposed by the Workers Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of work related to the operation of the retail marijuana- businessmariuana Comprehensive general liability insurance with minimum single limits of one million dollars each occurrence and two million dollars aggregate, applicable to all premises and operations. And operating plani fort thep proposed retail anauaReananuans store including thet following A description of the products and services to be sold or provided by the retail marijuana ii. Adimensioned: floor plan of the proposed premises clearly labeled, showing: 1. The layout of the structure and the floorplan in which the retail marijuana businessmariuana store will be located including information sufficient to prove compliance with ventilation, security and other structural requirements contained 2. The principle uses oft thei floor area depicted ont thet floorplan including but not limited to storage areas, retail sales areas and restricted areas where marijuana will be centered 3. Areas where any services other than the cultivation, distribution or sale of retail marijuana is proposed to occur on the licensed premises. 4. That the retail floor space will not exceed one thousand square feet. store; and information: businessmariuana store. therein; and located; and k. Forar retail marijuana testing facility or retail marijuana products manufacturing facility, ap plan that specifies all means to be used for extraction, heating, washing, or otherwise changing the form of the marijuana plant, or the testing of any marijuana, and verification of compliance with all applicable state and local laws for ventilation and safety measures for each process. The maximum amount ofr retail marijuana or retail marijuana products that may be ont the! business premises at any one time expressed in grams of marijuana and units of mariuana-infused m. As security plani indicating how the applicant will comply with the requirements of this chapter and any other applicable law, rule or regulation. The applicant may submit the portions ofs suchs security plan which include trade secrets or specialized security arrangements confidentially. The town will not disclose the documents appropriately submitted under the Colorado Open Records Act, C.R.S. S 24-72-201 et seq., if they constitute confidential trade secrets or specialized security arrangements to any party other than law enforcement agencies, unless compelled to do so by court order. Any document that the applicant considers eligible for protection under the Colorado Open Records Act shall be clearly marked as confidential and the reasons for such confidentiality n. Al business plan demonstrating applicant's ability to successfully operate in a highly regulated industry over an extended period oft time. The plan shall indicate necessary capital improvements and the estimated cost thereof, an estimate of first year revenues and operating expenses, and evidence that the applicant will have the resources necessary to pay for such expenses. 0. A lighting plan showing the illumination of the outside area of the retail marijuana Dusinessmariuana store for security purposes that meets the requirements of article V[Chapter p. A vicinity map drawn to scale, indicating within a radius of one-quarter mile from the boundaries of the property upon which the retail RebueneemeTuans store is to be located, the 4. Fingerprints and personal histories for all owners and parties having a financial interest in the proposed retail marijuana- businessmariuana store as defined in this article. All such individuals shall be subject to a criminal background check in conjunction with the license application and review conducted by the Colorado Bureau of Investigation pursuant to C.R.S. S 44-10-307. Aplani for disposal of any retail marijuana or product thati is not sold ori is contaminated in ar manner that protects any potion thereof from being possessed or ingested by a person or animal. S. Ap plan for ventilation that describes the ventilating systems that will be used to prevent any odor of marijuana from extending beyond the premises of the business. A best available filtration system shall ber required and carbon filtration is strongly encouraged by thei town. Ifa applicable, a plan showing that the cultivation operation will emit light outside of the licensed u. Ifapplicable, a plan showing that the cultivation operation will not burden the town's wastewater V. Ac description of all toxic, flammable or other materials regulated by federal or state government that would have authority over the business ifi it was not a retail moareuhetmanuans store, that will be used, kept or created at the retail afpanauonetpatuana store and the W. An application for a retail marjuana-Dusinessmariuana store Jicense shall be accompanied by the application fee, operational fee, criminal background fee, if any, together with any other applicable fees that may be established by resolution of the board oft trustees. X. An application for a retail marijuana businessmariuana store license shall be accompanied by a completed state licensing authority application, including all subparts thereof, without products. shall be stated on the document. 5.16] of this Code. proximity of the property to any school. premises. treatment facility. location where such materials will be centered. attachments. (Ord. No.546, S 1(2.13), 11-23-2020) 5.16.350- Inspection required. 1. Ani inspection of the proposed retail enguePesmanuans store by the town manager, town's marshal's office and the town building official shall be required prior to actual issuance of a license. Such inspection shall occur after the premises are ready for operation, but prior to the stocking of the business with any retail marijuana or marijuana products, and prior to the opening of the business to the public. The purpose of the inspection is to verify that the business facilities are constructed and can be operated in accordance with the application submitted, the applicable requirements of this article, and any other applicable law, rule or regulation such as building codes and fire codes. 2. The building official or designee shall conduct an annual fire and life safety inspection conducted by the town building official is required for renewal of licenses. (Ord. .No.546, $ 1(2.14), 11-23-2020) 5.16.360-Issuance of license. 1. The Dolores Local Licensing Authority shall not issue a retail ars-weneDenuens store license until the inspection, background checks, and all other information available to the town have been found to verify thati the applicant: a. Has submitted ai full and complete application; b. Has made improvements to the business premises consistent with the application; Isp prepared to operate the business with the owners and business managers as set forth in the application, all in compliance with the provisions of this article and any other applicable law, rule e. Is otherwise in compliance with all other provisions of this article and any other applicable provisions of the Dolores Municipal Code and the Colorado Marijuana Code, andi the regulations or regulation; d. Has paid all required fees; and promulgated thereunder. (Ord.No. 546, $ 1(2.15), 11-23-2020) 5.16.370- Release of information. Any signature on an application for thei issuance, transfer or modification of al license for a retail marijuana- businessmariuana store or for a change in business manager or other amendment toi the license shall constitute a release for purposes of allowing the town to conduct investigations regarding the personal histories of all interested parties and shall constitute a consent to the release of anyi information obtained by the town through such process as a public record under the Colorado Open Records Act, including, but not limited to, criminal history reports conducted by the town or any other authorized agency and all financial disclosures obtained byt thet town or any other entity. (Ord. No.546, $ 1(2.16), 11-23-2020) 5.16.380- License fees and charges. 1. Applicants for retail marijuana- businesemariuana store licenses or existing licensees shall pay the followingi fees (which arei in addition to any state license fees, whether or not shared with the town and in addition to any applicable fees required under the town land use code and building code): a. New license for retail marijuana- centermarijuana store application fee: one thousand dollars. b. New license for retail marijuana cultivation facility application fee: one thousand dollars. Newl license for retail marijuana manufacturing facility application fee: one thousand dollars. d. New license for retail marijuana testing facility application fee: one thousand dollars. e. Annual operating fee: one thousand five hundred dollars. Renewal ofe existing retail apanaePeananuans store license applicationi fee: one thousand 2. The fees above apply to each license issued, and al business with multiple locations in thet town must pay separate fees for each location. The appropriate fees must be paid in conjunction with any application or request before the town will process or act upon forms submitted. All fees are non- refundable in the entirety. No fees previously paid by al licensee in connection with al license shall be dollars. refunded if the licensee's license is subsequently suspended or revoked. (Ord. No. 546, $1 1(2.17), ,11-23-2020) 5.16.390-Persons prohibited as licensees and business managers. 1. The criteria for determination of those persons who are not eligible to receive a retail marijuana businessmariuana store license or to act as al business manager of such an establishment shall be a. Any person whose criminal history indicates the person is not of good moral character; b. Any corporation, any of whose officers', directors' or stockholders' criminal histories and record C. Any partnership, association, or company, any of whose officers', or any of whose members', criminal histories and record indicate such person is not of good moral character; d. Any person employing, assisted by, or financed in whole or in part by any other person whose criminal history and record indicate such person is not of good moral character; e. Any cooperative association, any of whose officers', directors', or stockholders or members' criminal histories and record indicate that such person is not of good moral character; g. A person approved pursuant to this article who, during a period ofl licensure or approval, or who, as provided in this article VIChapter 5.16] and in C.R.S. S 44-10-307. 2. Nol license approval provided by this article shall bei issued to or held by: indicate such person is not of good moral character; A person under twenty-one years of age; ati the time of application, has failed to: File any tax return with a taxing agency related to the operation of a retail marijuana businessmariuana store or medical amabuaemanuans store; ii. Pay any taxes, interest, or penalties due to a taxing agency relating to the operation of a retail marijuana Dusinessmarluana. store or medical enaueRasuana store. h. A person deemed ineligible based on a criminal conviction as defined by C.R.S. S 44-10-307 as A person who employs another person at a retail marijuana Dusinesemariuana store who has not submitted fingerprints for a criminal history record check or whose criminal history record check Asheriff, deputy sheriff, town marshal, or prosecuting officer, or an officer or employee of the state k. A person applying for a license for a location that is currently licensed as a retail food 3. Inin investigating the qualifications of an applicant or a licensee, the local licensing authority may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed bys such agency. Int the event thel local licensing authority considers the applicant's amended; reveals that the person is ineligible; licensing authority or thel local licensing authority; establishment or wholesale food registrant. criminal history record, thel local licensing authority shall also consider any information provided by the applicant regarding such criminal history record, including but notl limited to, evidence of rehabilitation, character references, and educational achievements, especially those items pertaining to the time between the applicant's last criminal conviction and the consideration of the application for a retail aRaiaPsnanuana store license. As used in this section, "criminal justice agency" means any federal, state or municipal court or any governmental agency or subunit of such agency that administers criminal justice pursuant to a statute or executive order and that allocates a substantial 4. The focus of the inquiry into the character of any person associated with the operation of a retail marijuana- businessmariuana store shall be whether the person's character is such that violations of state. law or municipal ordinances pertaining to the possession and distribution of marijuana and/ori the operation of retail marijuana- businessmariuana store would bel likely to resulti ifal license were granted. a. Have been a resident of Colorado for at least one year prior tot the date of the application; or b. Bea al United States citizen prior toi the date of the application. Ar retail aaRaePeemaTuans store may be comprised of an unlimited number of direct beneficial interest owners that have been residents of Colorado for at least one year prior to the date of application. A retail marijuana Dusinessmariuana store that is comprised of one or more direct beneficial interest owners who have not been Colorado residents for at least one year prior to submittal oft the application shall have at least one officer who has been a Colorado resident for at least one year prior to submittal of the application and all officers with day to day operational control over the business must become Colorado residents for atl least one year prior to the submittal of the application. A retail RR-CReeTaTuanA store is limited to no more than fifteen direct beneficial interest owners, including all parent and subsidiary entities, all of whom are natural persons. A direct beneficial interest owner that is a closely held business entity must consist entirely of natural persons who are United States citizens prior to the date of the application, including all parent 6. Aretail marjuana-Dusinesinessmariuana store may include qualified institutional investors that own thirty 7. A person who intends to apply as a direct beneficial interest owner shall first submit a request to the state licensing authority for at finding of suitability as a controlling beneficial interest owner. The person shall receive ai finding of suitability prior to submitting an application to the state licensing authority to be a direct beneficial interest owner. Failure to receive at finding of suitability prior to application shall 8. Thes statel licensing authoritys shall perform al limited initiall background check on qualified limited passive investors. If the initial background check provides reasonable cause for additional investigation, the statel licensing authority may require ai full background check. The state licensing authority shall review the retail aneweneaniane store's operating documents to ensure compliance with this 9. For the purposes of this subsection, unless the context otherwise requires, 'institutional investor" a. An employee benefit plan or pension fund that is subject to the federal "Employee Retirement Income Security Act of 1974", as amended, excluding employee benefit plan or pension funds sponsored by a licensee or an intermediary holding company licensee that directly or indirectly part of its annual budget to the administration of criminal justice. 5. A direct beneficial interest owner whoi is a natural person must either: and subsidiary entities. percent or less of the retail aanauenemanuane store. be grounds for denial byt the state licensing authority or local licensing authority. section. means: owns five percent or more of a licensee; b. As state or federal government pension plan; Agroup comprised entirely of persons specified above; or d. Any other entity identified through rule byt the state licensing authority. (Ord. No. 546, $1 1(2.18), 11-23-2020) 5.16.400-, Issuance or denial of approval. 1. Inc determining whether to issue an approval of an application for possible granting of a license in accordance with sections 5.16.290 and 5.16.300, the local licensing authority may consider the b. Whether the applicant has paid the application fee, license fee and the annual operating fee; Whether the application complies with all of the requirements of this article, the Colorado e. Whether the proposed retail ane-wencmenuans store, retail marijuana cultivation facility or retail marijuana products manufacturing facility complies with thet town's land use code. The local licensing authority shall make specific findings of fact with respect to whether the building in which the proposed retail marijuana centermariuana store will bel located conforms to Thei facts and evidence adduced as ar result of its investigation as well as any other facts and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of 2. The local licensing authority may deny the approval of an application for good cause as defined in Colorado Marijuana Code. If an application is administratively denied, the applicant may appeal such denial to the full local licensing authority by filing a notice of appeal with the town clerk within fifteen days followingi issuance of the decision denying the application. Said notice shall state the grounds for such appeal. Such appeal shall be heard by a hearing officer duly appointed by the local licensing authority. Following a hearing and an opportunity for applicant to be heard, the hearing officer shall recommend tot the local licensing authority that the appeal be affirmed or denied. 3. Thel local licensing authority mayi impose reasonable conditions upon any license approval or renewal 4. Aftert thei initial grantingo jofaretail mauanaceRermaruanat store license or retail marijuana cultivation facility license, if such license later becomes available, the town clerk may publish the availability of 5. No person shall own, operate, manage, control or hold a direct beneficial interest in more than one 6. The local licensing authority shall issue its decision approving or denying the application within thirty days following completion of the application investigation by town staff and completion of a determination oft the priority for license applicants for retail avaneceermenuena stores and retail marijuana cultivation facilities described in section 6-108/5.16.340). The decision shall be in writing, shall state the reasons for the decision, and a copy of the decision shall be. mailed by certified mail to 7. An applicant must file its application to the state licensing authority within thirty days following notification that the local licensing authority has approved its application. Such applicant shall also set an appointment with the state licensing authority regarding such application. Failure to do sO shall 8. The town clerk shall not actually issue al license to an approved applicant until the applicant has been following: a. Whether the application is complete and signed by the applicant; Marijuana Code, and rules promulgated by the state licensing authority; d. Whether the application contains any material misrepresentations; the distance requirements set forth in section 15.16.320; and business proposed. issued pursuant to this article. the license and the procedures seti forth in section 15.16.300 shall bei followed. retail marijuana centermariuana store within the Town of Dolores. the applicant at the address shown on the application. render the local licensing authority's approval null and void and of no effect. issued al license by the state licensing authority. (Ord. No.546, $ 12.19,11-23-2020) 5.16.410- Renewal ofl license 1. Alicensee may renewi its retail anauePesmanuans store license by submitting an application tot thet town clerk at leasti forty-five days before and not more than ninety days before the expiration of the license. If a licensee fails to file an application for renewal of its license at least forty-five days before expiration of the license, the license shall expire. 2. Alicensee may renew al license that has expired if: a. The license has expired for less than thirty days; and b. Thel licensee pays the regular renewal fee and an additional five-hundred-dollar late renewal fee. 3. Ifthe applicant is not eligible for reinstatement of an expired license by the state licensing authority, the applicant is subject to the procedures andi fees provided ini the Code for a new license application. 4. Int the event an application for renewal has been filed at least forty-five days before the expiration of the previous permit, but the local licensing authority does notr rule ont the application for renewal before the expiration of the previous license, the previous license shall be deemed extended until the local licensing authority issues a decision ont the application for renewal, buti in no event may thel license be 5. The local licensing authority may renew a license without a public hearing. However, if the local licensing authority believes there may be good cause to deny the application for renewal, the local licensing authority shall holda aj public hearing ont the application. Thel licensee shalll have an opportunity to be heard at the hearing and shall be given at least fifteen days' written notice of the date and time 6. The building official or designee shall conduct a fire and life safety inspection prior to the renewal of extended for more than ninety days. oft the public hearing on the application for renewal. the license. (Ord. No. 546, $ 1(2.20), 11-23-2020) 5.16.420- Contents and display of approval. 1. The approved licensee shall post the certificate of approval by the local licensing authority in a conspicuous location on the premises. A retail ARA-MeDeTVenA store approval shall contain thet following information: a. Type of approval; b. The name of the licensee; The date ofi issuance of the approval; businessmariuana store; d. The street address at which the licensee is authorized to operate the retail marijuana e. Any conditions of approval imposed upon the license by the local licensing authority; The date of expiration of the approval; and g. The signature of the town clerk. (Ord. No. 546, $ 1(2.21), 11-23-2020) 16A30-Transe/chanses in ownership structure. 1. License approvals held by natural persons may not be transferred. In the event a natural person or persons holding al license sell the associated retail anawnemtNuane store, the purchaser shall be entitled to apply for ar new retail mRaFjuana-DuSIRessmariuana store license for the purchased business notwithstanding the provisions of section 15.16.270. The purchaser shall be required to pay ar new license application fee as set forth in section 15.16.380. Ift the proposed sale or conveyance of ap partial interest in a retail amauCRaaTUanA store to a person who previously did not own ten percent or more of the retail marijuana Dusinessmariuana. store will, after the sale, result in the person owning ten percent or more of the retail naushesmanuans store, the licensee shall apply for a change in ownership structure, which the local licensing authority shall process as anew license approval application! by the new owner. Astate license for ar retail aanauaneamanluans store is not transferrable except as provided in C.R.S. S 44-10-312, as contained in the Colorado 2. License approvals held by partnerships, corporations, limited liability companies, or other business entities are nott transferrable and terminate automatically upon dissolution of the entity. Ift the proposed sale or conveyance of any interest ini the entityt to a person who previously did not own ten percent or more of the business will, after the sale, result int the person owning ten percent or more oft the entity, the licensee shall apply for a change in ownership structure, which the local licensing authority shall process as ar new license approval application byt the new owner notwithstanding thel limitation for retail 3. Changes in ownership structure that do not result in a person increasing that persons interest from less than ten percent to more than ten percent shall be reported to the local licensing authority and Marijuana Code. apanecemermanuana stores contained in section 5.16.270. may be approved administratively by the town clerk. (Ord.No.546, $ 1(2.22), 11-23-2020) 5.16.440- Change of location. 1. Al licensee may move its permanent location to another location in the town, buti it shall be unlawful to cultivate, manufacture, distribute, or sell retail marijuana at any such place until permission to do soi is 2. Inj permitting a change of location, the local licensing authority shall consider all reasonable restrictions that are or may be placed on the new location and any such new location shall comply with all requirements of this article I, the town's land use code, the Colorado Marijuana Code, and rules promulgated by the state licensing authority, as well as other specific regulations required in this 3. The local licensing authority shall not authorize a change of location until the applicant produces a license issued and granted by the state licensing authority covering the period for which the change granted by the local licensing authority and the state licensing authority. document. ofl location is sought. (Ord.No.546, $ 1(2.23), 11-23-2020) 5.16.450-5 Suspension or revocation ofal license. 1. Al license approval pursuant tot this article may be suspended or revoked byt thel locall licensing authority or al hearing officer appointed by thel local licensing authority after al hearing for thei following reasons: a. Fraud, misrepresentation, ora af falses statement of material fact contained ini thel license application; b. Any violation of the Dolores Municipal Code or state law pertaining to the operation of a retail marijuana- bwsinessmariuana: store including regulations adopted byt the state licensing authority, fort the possession or distribution ofr marijuana or manufacturing of retail marijuana products; C. A violation of any of the terms and conditions of its license; d. Av violation of any of the provisions oft this article. 2. In deciding whether a retail marijuana businessmariuana store license should be suspended or revoked, andi in deciding whether toi impose conditions in the event ofas suspension, the local licensing authority shall consider: a. The nature and severity ofi the violation; 0. Corrective action, if any, taken by the licensee; Prior violation(s), ifa any, by thel licensee; d. The likelihood of a reoccurrence of the violation; e. The circumstances of the violation; Whether the violation was willful; and g. Previous sanctions if anyi imposed ont the licensee. 3. The provisions of Part 96 oft the Colorado Marijuana Code shall govern proceedings fort the suspension or revocation ofa al license granted pursuant toi this article. The local licensing authority may noti impose af fine in lieu of as suspension as authorized under the, provisions oft the Colorado Marijuana Code. (Ord. No. 546, $ 1(2.24), 11-23-2020) 5.16.460- Operational equirements-General. with the license application. 1. AI retail marijuana businessmariuana store shall be operated and maintained strictly in accordance 2. All retail anewehemarans store shall collect and remit all applicable state, county and town sales taxes, occupation taxes, excise taxes or other lawfully imposed taxi in a timely manner. 3. No marijuana or products containing marijuana shall be smoked, eaten or otherwise consumed or 4. No person under twenty-one years of age shall be allowed within the business premises of a retail ar-senemenuans store. No person shall be allowed entry into the business premises without showing a valid picture identification in accordance with the requirements of the Colorado 5. Any and all possession, storage, display or sales or other distribution of marijuana and testing of marijuana shall occur only within the restricted area of a retail apanehuenemeruana store or retail marijuana testing facility and shall not be visible from the exterior of the business. 6. Each licensee shall manage the licensed premises himself or herself or employ a separate business manager on the premises. The licensee shall report any change in business manager to the town 7. The retail aaneueneamantuane store shall not maintain any quantity of marijuana within the licensed premises in excess of the amount stated on thel license application tot the town. 8. Its shall be unlawful for any retail marijuana- Dusinessmariuana store to employ any person who is not atl least twenty-one years of age. All business managers and employees of any licensee shall possess av valid occupational license and identification badge issued by the State of Colorado. 9. Retail marijuana- businessmariuana store shall provide adequate security on the business premises, a. Twenty-four-hour security surveillance color cameras to facilitate thei investigation of crimes, with a redundant power supply and circuitry to monitor entranceslexits and the parking lot, if applicable, with the interior and exterior of the premises. Security video and audio shall be preserved for a minimum off forty days in a secure off-sitel location in the town or through as service over ar network that provides on-demand: access, commonly referred to as the "cloud". The owner ingested within the retail marijuana-t businessmariuana store. Marijuana Code. within seven days after the change. which shall include the following: shall provide segments of surveillance footage upon request to law enforcement officers investigating crimes committed against the establishment or its customers. The owner shall be required to produce surveillance footage disclosing the identity of customers and shall not edit surveillance footage to protect customer privacy. The resolution of these color cameras shall be of sufficient quality to allow for the identification of the subjects' facial features, in all lighting 0. AnNFPA72 compliant fire/burglar system thati is professionally monitored and maintained in good working order and inspected annually by a certified 3rd party; An NFPA 13 compliant fire suppression system that is professionally monitored and maintained in good working order and inspected annually by a certified 3rd party; any change in monitoring of the life safety systems requires notification to the town within seventy-two hours; al locking safe permanently affixed to the premises suitable for storage ofi inventory and cash, all to be centered during non-Dusiness hours. Live plants being cultivated shall not be deemed inventory requiring storage in a locked Exterior lighting that illuminates the exterior walls of the establishment shall comply with the provisions of article' V[Chapter 5.16] of this Code andi the Dolores Land Use Code; d. No firearms, knives, or other weapons shall be permitted in a retail awane-cemeenuena store except those carried by sworn peace officers, those carried by persons having concealed weapons permits, and those carried by security personnel employed by the retail marijuana e. The Dolores Town Marshal or other appropriate town employee shall report to the town clerk all violations of this article and other applicable state and local laws and thet town clerk shall maintain an record of each license issued and record the reports of the violations in such records. conditions, in the event of a crime; safe; centermariuana store or its contractor. (Ord.No.546, $ 12.25,11-23-2020) 516470-Same-Retal. maFuana-eentermarijuanastores. 1. Retail marijuana- centermarijuana stores may only be open to the public between the hours of eight a.m. and nine p.m. daily, and no sale or other distribution of marijuana may occur upon the premises outside of those hours. A licensed cultivation facility in Dolores or its contracted agent may deliver marijuana and marijuana products as permitted by Colorado law on any day of the week and at any 2. For retail maens-cememenuene stores, the odor of marijuana must not be perceptible at the exterior of the building, the exterior of the licensed premises, or at any adjoining use of the property. Retail marijuana- centermariuana stores must use the best available filtration system such as carbon 3. Priori to initiating a sale, the employee of ar retail avanacememanuana store making the sale shall verify that the purchaser has a valid identification card showing the purchaser is twenty-one years of age or older. Ifa person under twenty-one years of age presents ai fraudulent proof of age, any action relying on the fraudulent proof of age shall not be grounds for the revocation or suspension of any license issued under this article. Ifa a retail meuanacememanuana store licensee or employee has reasonable causei tol believe that aj person is undert twenty-one years of age andi is exhibiting fraudulent proof of agei in an attempt to obtain any retail marijuana or marijuana infused products, the licensee or employees are authorized to confiscate such fraudulent proof of age, if possible, and shall, within seventy-two hours after the confiscation, remit the same to a state or local law enforcement agency. The failure to confiscate such fraudulent proof of age or to remit the same to a state or local law enforcement agency within seventy-two hours after the confiscation does not constitute a criminal offense. If a retail marijuana centermarijuana store licensee or employee believes that a person is under twenty-one years of age and is exhibiting fraudulent proof of age in an attempt to obtain any retail marijuana or retail marijuana infused products, the licensee or employee, or any peace officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain time except between the hours of six a.m. andi four p.m. air filter scrubbers or charcoal filtration systems. and question such person in a reasonable manner for the purpose of ascertaining whether a person isg guilty of any unlawful act regarding the purchase of retail marijuana. The questioning ofap person by the licensee or an employee does not render the licensee or the employee civilly or criminally liable fors slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention. 4. Any sale of retail marijuana by a retail marijuana centermarijuana store shall be made in person, directly to the purchaser, within the restricted area of the retail marijuana centermarijuana store. No sale shall be made by ai telephone, internet or other means of remote purchase. Delivery shall occur onlyi inj person tot thep purchaser at thet time of purchase within the restricted area of the retail marijuana 5. Drive in or drive through retail marijuana- centermarijuana store facilities shall not be permitted. 6. All retail marijuana sold or otherwise distributed by the licensee shall be packaged and labeled in a manner that advises the purchaser thati it contains marijuana, specifies the amount of marijuana ini the product, and that the marijuana is intended for use solely by a person lawfully possessing retail marijuana. The label shall be in compliance with all applicable requirements of the State of Colorado. 7. Retail mauanagememariuana stores shall provide customers with the contact information forl local drug abuse treatment centers as well as educational materials regarding the hazards of substance 8. Marijuana shall not be consumed or used on the premises of a retail mauanacememanuana store and it shall be unlawful for a retail mauanaceemanuana store licensee to allow marijuana to be consumed upon its licensed premises. In the case ofa a retail marijuana centermarijuana store located ina structure with al legal secondary unit or other legal dwelling unit, the secondary unit or dwelling unit shall not be considered part of the retail mauanacenermanuana store premises if access to centermarijuana store. Vending machines are prohibited. abuse. such unit is prohibited to the retail mafvanacemtemaniuana store customers. (Ord.No.546, $ 1(2.26), 11-23-2020) 516480-Same-Retail marijuana cultivation facilities. 1. Retail marijuana cultivation facilities may conduct business operations on the licensed premises at any time. However, shipping and receiving of products and supplies at the retail marijuana cultivation facility shall only occur between the hours of four a.m. and ten p.m. on any day ofi the week. 2. A ventilation and filtration system shall be installed in every retail marijuana cultivation facility. Al best available filtration system, such as carbon air filter scrubbers or a charcoal filtration system shall be 3. Onlyi indoor retail marijuana cultivation facilities shall be permitted and shall be construed and operated in a manner to prevent light from growing operations to be visible outside oft the structure. used. (Ord. No.546, $ 12.27,11-23-2020) 516490-Same-Retal. marijuana products manufacturing. between the hours of six a.m. andt ten p.m. daily. carbon airi filter scrubbers or charcoal filtration system. 1. Retail marijuana product manufacturing facilities may conduct business operations on the licensed premises at any time. However, shipping and receiving of products and supplies shall only occur 2. Ar retail marijuana products manufacturing facility shall have al best available filtration system, such as 3. A retail marijuana product manufacturing facility shall include appropriate ventilation systems to mitigate noxious gases or other fumes used or created as aj part of production. (Ord. No.546, $ 1(2.28), 11-23-2020) 516500-Same-Retal marijuana testing facilities. 1. Retail marijuana testing facilities may conduct business operations on the licensed premises at any time. However, shipping and receiving of materials, supplies and retail marijuana or retail marijuana 2. Aretailr marijuana testing facility shall contain al best available filtration system, such as carbon air filter 3. Aretail marijuana testing facility shall contain appropriate ventilation: systems tor mitigate noxious gases 4. All retail marijuana testing facilities shall operate in compliance with all applicable state laws and regulations adopted pursuant to such laws including, but not limited to, C.R.S. $44-10-604. products shall only occur between the hours ofi four a.m. and ten p.m. daily. scrubbers or a charcoal filtration system. oro other fumes used or created as a part ofi testing procedures. (Ord.No.546, S 1(2.29), 11-23-2020) 5.16.510- Requirements relating to monitoring and security of restricted areas and inventory. 1. All components of the security plan submitted with the application, as it may be amended, shall be in good working order, monitored and secured twenty-four hours per day. A separate security system is required for each business. A security plan must include, at a minimum, the following security a. Cameras. Retail RAuSPeemanuanA store shalli include and use security color cameras to monitor and record all areas of the premises (excluding restrooms), including all areas where persons may gain or attempt to gain access to marijuana or cash maintained by the retail Parjuana-Dusinessmariuana store. Cameras shall record operations of the business to an off- sitel location, and shall record all potential areas ofi ingress or egress tot the business with sufficient detail to identify facial features and clothing. Recordings from security cameras shall be maintained. byt thel licensee for a minimum of forty days in as secure off-site location in the town or through a service over a network that provides on-demand access, commonly referred to as a b. Storage. The retail marijuana businessmariuana store shall install and use a safe or safe room for storage of any inventory, processed marijuana and cash on the premises when the business is closed to the public. Safe rooms shall bei incorporated intot the building structure ands shall have solid core doors with commercial grade locks and shall bev visible through the surveillance camera system. For retail marijuana products that must be kept refrigerated ori frozen, the business may lock the refrigerated container or freezer in a manner authorized by the town in place of the use of a safe or safe room sO long as the container is affixed to the building structure and visible NFPA 72 Compliant Fire Alarm-Burglar Alarm System. The retail marijuana businessmariuana store shalli install and use an: alarm system thati is monitored by a company thati is staffed twenty- four hours a day, seven days a week. The security plan submitted to the town shall identify the company monitoring the alarm system, including contact information. Any modification relative to the company monitoring the alarm system shall be reported toi thet town within seventy-two hours. measures: "cloud". through the surveillance camera system. (Ord. No.546, $ 1(2.30), 11-23-2020) 5.16.520 Signage and advertising. 1. All exterior signage associated with the retail marijuana businessmariuana store must meet the standards established int town's land use and development code. In addition, no exterior signage shall use the word marijuana", "cannabis" or any other word, phrase or symbol commonly understood to 2. A retail n-ecTeTans store may not advertise in a manner that is misleading, 3. Except as otherwise provided in this section, it shall be unlawful for any person licensed under this article or any other person to advertise any retail marijuana businesemariuana store or any retail marijuana infused product anywhere within thet town where the advertisement is in plain view of, ori in, a place open to the general public, including advertising and using any of the following media: any billboard or other outdoor general advertising device; any sign mounted on a vehicle; any handheld or other portable sign; or any hand bill, leaflet or flyer directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property. The prohibition set forth in this a. Any sign located on the licensed premises of a retail marijuana- businessmariuana store which exists solely for the purpose of identifying the location of the premises and which otherwise complies with this article, the town's land use and development code and any other applicable b. Any advertisement contained within a newspaper, magazine, or other periodical of general 4. Nor retail mpamabuehesmaniuans store shall distribute or allow the distribution of any marijuana without charge within a retail marijuana- businessmariuana store or at any other place in the towni for refer to marijuana. deceptive, false ori is designed to appeal to minors. section shall not apply to: town laws and regulations; or circulation within the town or on the internet. purposes of promotion, advertising, or any other similar purpose. (Ord.No.546, S 1(2.31),1 11-23-2020) 5.16.530 Right of entry--Records to ber maintained and inspection procedures. 1. Each licensee of a retail anauPemanuans store shall keep and maintain a complete set of books of accounting, invoices, copies of orders and sales, shipping receipts, bills of lading, correspondence, and all other records necessary to fully document the business transactions of such licensee. The licensee shall also maintain records which verify that the amount of marijuana within the retail marijuana Dusinesemariuana store does not exceed the amount allowed.. All such records shall be open at all times during business hours for inspection and examination by the town manger, the building official, the town marshal, or their duly authorized representatives. The town may require the licensee to furnish such information as it considers necessary for the proper administration of this article. The records shall clearly show the source, amount, price and dates of all retail marijuana received or purchased, and the amount, price, and dates for all retail marijuana sold. 2. Bya accepting the retail ansueResmanuans store license, liçensee consents toi the disclosure 3. The town may require an audit of the books of account and records of the retail marijuana businessmariuana store as it may deem necessary. Such audit shall be made by an auditor selected by the town, who shall have access to all books and records of such licensee. The expense of any audit determined to be necessary by the town shall be paid by the town; provided, however, should the audit reflect at failure of the licensee, in whole or inj part, to timely remit all sales taxes, occupation taxes or excise taxes due to the town, the expense of the audit shall be paid by the licensee. 4. The acceptance of a retail marijuana businessmariuana store license from the town constitutes consent by the licensee, owners, business managers and employees of such business to permit the town manager, town marshal, building official, or their representatives to conduct routine inspections of the licensed retail #aryuana-Dusinessmarijuana store to assure that the retail marijuana businessmariuana store and the premises are being operated and maintained in accordance with the oft the information required by this section. terms set forthi in the application and that all operations in the premises remain in compliance with this article, the Colorado Marijuana Code, and any rules or regulations promulgated thereunder. 5. All retail marijuana businessmariuana store shall be required to obtain applicable state and town licenses and shall collect andi remit all applicable state, county andi town sales taxes, occupation taxes and excise taxes in a timely manner. The retail ARAuARTaTNAnA store license and sales taxl license for the business shall be conspicuously posted in the business. (Ord. No.546, $ 1(2.32), 11-23-2020) 5.16.540- Compliance with other applicable laws. Except as may be otherwise providedi in this article, or rules ori interpretations adopted by the town, any! law or regulation adopted by the State of Colorado governing the cultivation, production, possession, distribution or testing of marijuana for retail or recreational use shall also apply to retail marijuana businessmariuana store licensed within thet town. Provided, however, ifa state law or regulation permits what this article prohibits, this article shall control. (Ord. No.5 546, $ 1(2.33), 11-23-2020) 5.16.550- - Violations; penalty. 1. Any person, other than a licensee of a retail anauehetmanuans store, who violates any provision of this article shall be deemed guilty of a municipal offense and may be punished by a fine nott to exceed three hundred ninety-nine dollars, imprisonment for a period nott to exceed ninety days, 2. Any licensee of a retail marijuana Dusinessmariuana store who violates any provisions of this article shall be subject to civil penalties of up to one thousand dollars for each day during whichs such violation occurs or continues. Each day on which a violation shall occur or continue shall be deemed as separate and distinct offense. Following notice and hearing, the local licensing authority may impose such civil or by both such fine and imprisonment. penalties. (Ord. No.546, $ 1(2.34), 11-23-2020) ARTICLE IlI. - MARIJUANA OCCUPATION TAX 5.16.560- Purpose. 1. The board of trustees of the Town of Dolores hereby finds, determines and declares: a. For the purposes of this article, every person that furnishes medical marijuana to a patient or a medical marijuana-infused products manufacturer or to other medical maanaceemmanuana stores for consideration int the Town of Dolores, every retail mauanaceemanuana store that furnishes retail marijuana, retail marijuana products or retail marijuana accessories to a consumer for consideration in the Town of Dolores, every retail marijuana cultivation facility that cultivates and sells retail marijuana to a retail mapanacememanuana store or retail marijuana product manufacturer for consideration in the Town of Dolores, and every retail marijuana product manufacturing facility that furnishes retail marijuana products to retail manuanaceemanuana stores for consideration in the Town of Dolores is exercising a taxable privilege. The purpose of this article is to impose a tax which will be paid by every vendor providing medical marijuana, retail marijuana, retail marijuana products and cultivated retail marijuana in the Town of Dolores, which tax will provide revenues for the Town of Dolores; b. The provision of medical marijuana to patients and certain medical eneueResanuane storees and the provision of retail marijuana and retail marijuana products to consumers, retail marijuana centermarijuana stores and retail marijuana product manufacturers results in the increased use of town streets and rights-of-way, increased traffic, increased demands upon municipal services such as police protection and has a substantial affect upon the health, safety and welfare of the citizens of the Town of Dolores and upon the expenditures budgeted by the The classification of medical maruamacemlemariuana stores, retail masuanagemlemanuana stores, medical and retail marluana-infused products manufacturing facilities andi retail marijuana cultivation facilities as separate businesses and occupations is reasonable, proper, uniform and nondiscriminatory; and the taxable amount hereby levied is reasonable, proper, uniform, town, which is a matter of local concern; and nondiscriminatory, and necessary. (Ord. No. 546, $1 10.1),11-23-2020) 5.16.570- Definitions. 1. The following words and phrases used in this article shall have the following meanings unless the a. Medical marijuana means marijuana that is grown and sold for a purpose authorized by Article b. Medical marijuana businessmariuana. store means the use of a property or portion thereof, for the production, cultivation, manufacture, storage, distribution, acquisition or sale of marijuana, including the use of property for medical marijuana centermarijuana stores, medical marijuana- infused products manufacturers and optional premises cultivation facilities, whether any such use C. Medical mauena-cenermanuana store means a person licensed to operate a business as described in the Colorado Marijuana Code that sells medical marijuana and medical marijuana- infused products at retail to registered patients or primary caregivers as defined in Article XVII, Medical marjuana-inkused products manufacturer means a person licensed pursuant to the Colorado Marijuana Code to operate a business manufacturing medical marijuana-infused Occupation tax means at tax on each sales transaction of medical marijuana or retail marijuana Patient has the meaning set forth in Article XVIII, Section 14(1)(c) oft the Colorado Constitution. g. Primary caregiver has the meaning set forth in Article XVII, Section 14(1)(f) of the Colorado h. Person means an individual, partnership, firm, joint enterprise, limited liability company, corporation, estate ort trust, or any group or combination acting as a unit, but shall noti include the United States of America, the State of Colorado and any political subdivision thereof. Retail marijuana means marijuana that is cultivated, manufactured, distributed or sold by a Retail marijuana businessmariuana store means the use of a property or portion thereof, for the production, cultivation, manufacture, storage, distribution, acquisition or sale of retail marijuana including the use of property for retail marijuana- centermarijuana stores, retail marijuana cultivation facilities and retail marijuana products manufacturing facilities, whether any such use context clearly indicates otherwise: XVIII, Section 14 oft the Colorado Constitution. isi for profit or not for profit. Section 14 oft the Colorado Constitution, buti is not a primary caregiver. products. as Defined in this article III. Constitution. licensed retail marijuana businessmariuana store. isi for profit or not-for-profit. k. Retail marijuana cultivation facility means a' "marijuana cultivation facility" as defined in Section Retail marijuana product manufacturing facility means an entity licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana m. Retail marijuana products means "marijuana products" as defined in Section 16(2)(k) of Article XVIII of the Colorado Constitution that are produced at a retail marijuana products manufacturing n. Retail movane-genermeruana store means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products at retail to consumers. 0. Sale means the furnishing for consideration by any person of medical marijuana or retail p. Tax means the tax payable by the vendor or the aggregate amount of taxes due from a vendor during the period for which they vendori is requiredi to payt the occupation tax ont thes sales ofr medical Taxpayer means the vendor obligated to pay thet tax under the terms of this article. Vendor means a person furnishing medical marijuana to a patient or to a medical marijuana- infused products manufacturer or to a medical marijuana- centermariuana store for consideration within the town, or a person furnishing cultivated retail marijuana to a retail marijuana centermarijuana store or to a retail marijuana products manufacturer, or furnishing retail 16(2)(h) of Article XVIII of the Colorado Constitution. centermarijuana stores, but not to consumers. facility. marijuana within the town. marijuana or retail marijuana under this article. marijuana or retail marijuana products to consumers for consideration. (Ord.No.546, $ 1(3.2), 11-23-2020) 5.16.580- Levy of taxes. 1. Medical Marijuana- CenterMariuana stores. Pursuant to the authority granted by the town's registered electors voting at the April 7, 2020 municipal election, there is hereby levied by the Town of Dolores a. The provision of medical marijuana by medical manuana-cememanuana stores to patients for b. The provision of medical marijuana-infused products to other medical marijuana- centermarijuana The provision of medical marijuana by medical marijuana optional premises cultivation facilities to medical marijuana centermarijuana stores or medical marijuana-infused products 2. Retaill eengeuansaauens storees. Pursuant tot the authority granted byt thei town's registered electors voting at the April 7, 2020 municipal election, there is hereby levied by the Town of Dolores a. The provision of retail marijuana, retail marijuana products, and retail marijuana accessories by any retail manuanacememanuana store for consideration within the Town of Dolores; b. The provision of retail marijuana by a retail marijuana cultivation facility to any retail marijuana centermarijuana store, retail marijuana product manufacturing facility, or other retail marijuana an occupation taxi in the amount of three dollars per sales transaction on: consideration within the Town of Dolores; stores for consideration, within the Town of Dolores; manufacturers within the Town of Dolores. an occupation taxi int the amount oft three dollars per sales transaction on: cultivation facility for consideration within the Town of Dolores; The provision of retail marijuana and retail marijuana products by any retail marijuana product manufacturing facility to retail marijuana centermarijuana stores or other retail marijuana product manufacturing facilities for consideration within the Town of Dolores. (Ord.No.546, $1(3.3), 11-23-2020) 516.590-Exemptions. This article shall not be applicable tot transactions between a patient and a primary caregiver when acting in accordance with all applicable provisions of Article XVIII, Section 14(1)(c) oft the Colorado Constitution, C.R.S. S 44-10-101 et seq., C.R.S. $25-1.5-106, and the regulations promulgated byt the Colorado Department of Public Health and Environment, Colorado Department of Revenue or any other agency with regulatory authority concerning medical marijuana. (Ord. No. 546, $ 1(3.4), 11-23-2020) 5.16.600- Collection of tax. 1. Every vendor providing medical marijuana or retail marijuana taxable under this article shall remit such tax on or before the tenth day of each month on account of medical marijuana or retail marijuana transactions in the preceding month. Said payment shall be accompanied by a return which shall contain such information and be in such form as the town clerk may prescribe. 2. The burden of proving that any transaction is exempt from thei tax shall be upon the vendor. 3. Ifthe accounting methods regularly employed by the vendor in the transaction of business, or other conditions, are such that the returns aforesaid made on a calendar month basis will impose unnecessary! hardship, thet town clerk may, uponr request of the vendor, accept returns ats suchi intervals as will, in thet town clerk's opinion, better suit the convenience of the vendor and will notj jeopardize the collection of the tax; provided, however, the town clerk may by rule permit a vendor whose monthly tax obligation is less than one hundred dollars to make returns and pay taxes at intervals not greater 4. Itshall be the duty of every vendor to maintain, keep and preserve suitable records of all sales made by the vendor and such other books or accounts as may be required by the town clerk in order to determine the amount of the tax of which the vendor is liable under this article. It shall be the duty of every such vendor to keep and preserve for ap period of three years all such books, invoices and other records and the same shall be open for examination by the town clerk or designee. 5. The tax to be paid by a vendor shall not be stated and charged separately from the sale price of medical marijuana or retail marijuana on any record thereof at the time when the sale is made or at thet time when evidence oft the sale isi issued, such as a receipt provided, a vendor may indicate on the record or receipt the sale price "includes Town of Dolores Occupation Tax." than three months. (Ord. No. 546, $ 1(3.5), 11-23-2020) 5.16.610- Audit of records. 1. For the purpose of ascertaining the correct amount of the occupation tax on medical marijuana or retail marijuana sales transactions due from any person engaged in such medical marijuana or retail marijuana- businessmariuana store int thet town under this article, thet town clerk or an authorized agent, may conduct an audit by examining any relevant books, accounts and records of such person. 2. All books, invoices, accounts and other records shall be made available within the town limits and be open at any time during regular business hours for examination by the town clerk or an authorized agent. If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, thet town clerk mayi issue as subpoena to require that thei taxpayer ori its representative attend al hearing or produce any such books, accounts and records for examination. Any such subpoena may be 3. Any exempt person claiming an exemption under the provisions oft this article is subject to audit in the same manner as any other person engaged int the sale of medical marijuana or retail marijuana ini the enforced by the Dolores Municipal Court. town. (Ord. No. 546, $ 1(3.5), 11-23-2020) 5.16.620- Tax overpayments and deficiencies. An application for refund of tax monies paid in error or by mistake shall be made within three years after the date of payment for which the refund is claimed. Ift thei town clerk determines that within three years of the due date, a vendor overpaid the occupation tax on the provision of medical marijuana or retail marijuana, she shall process a refund or allow a credit against a future remittance from the same taxpayer. Ifa at: any time the town clerk determines the amount paid is less than the amount due under this article, the difference together with the interest shall be paid byt the medical AeRRUReTaTUaTA store or retail Rarjuana-DuSinessmariuana store within ten days after receiving written notice: and demand from the town clerk. The town clerk may extend that time for good cause. (Ord. No. 546, $ 1(3.6), 11-23-2020) 5.16.630- Taxi information confidential. 1. All specific information gained under the provisions of this article which is used to determine the tax due from at taxpayer, whether furnished by the taxpayer or obtained through audit, shall be treated by the town and its officers, employees or legal representatives as confidential. Except as directed by judicial order or as provided in this article, no town officer, employee, or legal representative shall divulge any confidential information. Ifdirected byj judicial order, the officials charged with the custody ofsuch confidential information shall be required toj provide only suchi information: asi is directly involved in the action or proceeding. Any town officer or employee who shall knowingly divulge anyi information classified herein as confidential, in any manner, except in accordance with properj judicial order, or as 2. The town clerk may furnish to officials of any other governmental entity who may be owed sales tax any confidential information, provided that said jurisdiction enters into an agreement with the town to 3. Nothing contained in this section shall be construed to prohibit the delivery to a taxpayer or its duly authorized representative a copy of such confidential information relating to such taxpayer, the publication of statistics sO classified as to prevent the identification of particular taxpayers, or the inspection of such confidential information by an officer, employee, or legal representative of the town. otherwise provided in this article or byl law, shall be guilty of a violation hereof. grant reciprocal privileges to the town. (Ord.No.546, $ 103.7),11-23-2020) 5.16.640- Forms and regulations. 1. The town manger is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said occupation tax on the provision of medical marijuana or retail marijuana and in particular and without limiting the general a. A form of report on the provision of medical marijuana or retail marijuana to be supplied to all language of this article, to provide for: vendors; b. The records which medical marijuana- businessmariuana storees providing medical marijuana and medical marijuana-infused products and retail marijuana- businessmariuana storees providing retail marijuana, retail marijuana products and retail marijuana accessories are to keep concerning the taxi imposed byt this article. (Ord. No. 546, $ 1(0.8),11-23-2020) 5.16.650-1 Enforcement and penalties. 1. Itshall be unlawfuli for any person toi intentionally, knowingly, or recklessly failt to pay the taxesi imposed by this article, or to make any false or fraudulent return, or for any person to otherwise violate any provisions of this article. Any person convicted of a violation of this article shall be deemed guilty ofa municipal offense, punishable by a fine of up to three hundred ninety-nine dollars and ninety days imprisonment or by both such fine and imprisonment. Each day, or portion thereof, that any violation 2. A penalty in the amount oft ten percent of the tax due or the sum of ten dollars, whichever is greater, shall be imposed upon the medical RN-BAResTnanA store or retail marijuana businessmariuana store and become due in the event the tax is not remitted by the tenth day of the month as required by this article, or such other date as prescribed by the town clerk, andi two and one- half percent interest shall accrue each month on the unpaid balance. The town clerk is hereby 3. Ifa any part of a deficiency is due to negligence or intentional disregard of regulations, but without intent to defraud, there shall be added ten percent of the total amount of the deficiency, and interest, from the medical marijuana businesemariuana store or retail marijuana businessmarluana. store required to file ar return. Ifany part oft the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty percent of the total amount of the deficiency together with interest and in such case, the whole amount of the unpaid tax, including the additions, shall become due and payable ten 4. Ifa any medical marijuana- businessmariuana store or retail aebuneemenuans store fails to make a return and pay the tax imposed by this article, the town may make an estimate, based upon available information of the amount of tax due and add the penalty and interest provided above. The town shall mail notice of such estimate, by certified mail, to the medical marijuana businessmariuana store or retail maryuana-Dusinessmariuana store at its address as indicated in thei town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable fromi the taxpayer to the town clerk ten days from the date of service of the notice or the date of mailing by certified mail; provided, however, that within thet ten-day period such delinquent taxpayer may petition the town clerk for a revision or modification of such assessment and shall, within such ten-day period, furnish thet town clerk the documents, facts andi figures showing the correct amount of 5. Such petition shall be in writing and the facts and figures submitted shall be submitted in writing, and shall be given by the taxpayer under penalty of perjury. Thereupon, the town clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of this article. Such assessment: shal!l be considered thei final order oft thet town clerk, andi may bei reviewed bya court of competent jurisdiction under the Rule 106(a)(4) of the Colorado Rules of Civil Procedure, provided that the taxpayer gives written notice tot thet town clerk of such intention within ten days after receipt of of this article continues shall constitute a separate offense. authorized to waive, for good cause shown, any penalty assessed. days after written notice and demand by the town clerk. such taxes due and owing. thei final order of assessment. (Ord. .No.546, $ 1(3.9), 11-23-2020) 5.16.660-Taxi lien. 1. The taxes imposed by this article, together with the interest and penalties herein provided and the costs of collection which may bei incurred, shall be, and until paid, remain af first and priorl lien superior to all other liens on all of the tangible personal property of a taxpayer within the town and may be foreclosed by seizing under distraint warrant and selling sO much thereof as may be necessary to discharge the lien. Such distraint warrant may bei issued by the town clerk whenever the taxpayer is in default in the payment of the tax, interest, penalty or costs. Such warrant may be served and the goods subject to such lien seized by any town peace officer, the Montezuma County Sheriff or any duly authorized employee of the town. The property so seized may be sold by the agency seizing the same or by the town clerk at public auction after ten days have passed following an advertised notice ina newspaper published in the town, in the same manner as is prescribed by law in respect to executions against property uponj judgment ofac court of record, and the remedies of garnishment: shall 2. The taxes imposed by this article shall be, and remain, ai first and prior lien superior to all other liens on ther real property and appurtenant premises at which the taxable transactions occurred. apply. (Ord.No. 546, $ 1(3.10), 11-23-2020) 5.16.670- Recovery of unpaid tax. due the town from thet taxpayer. 1. The town clerk may also treat any such taxes, penalties, costs or interest due and unpaid as a debt 2. In case of failure to pay the taxes, or any portion thereof, or any penalty, costs or interest thereon, when due, thet town clerkr may recover at law the amount of such taxes, penalties, costs, the reasonable value of any salaried attorney's time, including! legal assistant's time, or the reasonable attorney's fees, including legal assistant's fees, charged, plus interest, in any çounty or district court of the county wherein the taxpayer resides or had a controlling beneficial owner place of business (at the time the 3. The return of thet taxpayer or the assessment made by the town clerk shall be prima facie proof of the 4. Such actions may be actions in attachment, and writs of attachment may bei issued to the Montezuma County Sheriff, as the case may be, andi in any such proceeding no bond shall be required oft thet town clerk, nor shall any town peace officer or sheriff require of the town clerk an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings. The town clerk may prosecute appeals in such cases without the necessity of providing a bond 5. Itshall be the duty of thet town attorney, when requested by the town clerk, to commence an action for the recovery of taxes due under this article and this remedy shall be in addition to all other existing 6. The town may certify the amount of any delinquent tax, plus interest, penalties and the costs of collection, as a charge against the property at which the taxable transaction occurred to the Montezuma County Treasurer for collection in the same manner as delinquent ad valorem taxes tax became due) having jurisdiction of the amount sought to be collected. amount due. therefor. remedies, or remedies provided in this article. pursuant to C.R.S.S31-20-105. (Ord.No.546, $ 1.11),11-23-2020) 5.16.680 - Status of unpaid taxi in bankruptcy and receivership. Whenever the business or property of at taxpayer subject to this article shall be placed in receivership, bankruptcy or assignment for the benefit of creditors, or seized under distraint for taxes, all taxes, penalties and interest imposed by this article and for which the taxpayeri is in any way liable under the terms of this article shall be a prior and preferred lien against all the property oft the taxpayer, except as to other taxl liens which have attached prior to thet filing of the notice, and no sheriff, receiver, assignee or other officer shall sell the property of any person subject to this article under process or order of any court, without first ascertaining from thei town clerk the amount of any taxes due and payable under this article, andi ift there be any such taxes due, owing and unpaid, its shall be the duty of such officer to first pay the amount ofi the taxes out of the proceeds of such sale before making payment of any monies to any judgment creditor or other claimants of whatsoever kind or nature, except the costs of the proceedings and other preexisting tax liens as above provided. (Ord.No.546, $1 1(3.12), - 11-23-2020) 5.16.690-1 Hearings, subpoenas and witness fees. 1. Hearings before the town clerk pursuant to provisions in this article shall be held in a manner that provides due process of law. Any subpoena issued pursuant to this article may be enforced by the Dolores Municipal Judge pursuant to C.R.S. $ 13-10-112(2). The fees of witnesses for attendance at hearings shall be the same as thei fees ofwitnesses before the district court, suchi fees to bey paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the town clerk, such fees shall be paid in the same manner as other expenses under thet terms oft this article, and when a witness is subpoenaed at the instance of any party to any such proceeding, the town clerk may require that the cost of service oft the subpoena and thei fee ofi the witness be borne by the party at whose instance the witness is summoned. In such case, the town clerk, at his/her discretion, may require a deposit to cover the cost of such service and witness fees. A subpoena issued as aforesaid shall be servedi ini the same manner as a subpoena issued out ofa court ofr record. 2. The Dolores Municipal Judge, upon the application of the town clerk or thet taxpayer, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the town clerk or any duly authorized hearing officers, by an action for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court. (Ord. No. 546, $ 1(3.13), 11-23-2020) 5.16.700- - Depositions. The town clerk or any party in an investigation or hearing before the town clerk may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in courts of this state and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda. (Ord.No.546, $ 1(3.14), 11-23-2020) 5.16.710-Statute of limitation. 1. Except as otherwise provided in this section, the taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this article shall not be assessed, nor shall notice of lien be filed, or distraint warrant be issued, or suit for collection be instituted, or any other action to collect the same be commenced, more than three years after the date on which the tax was or is payable, nor shall any lien continue after such period, except for taxes assessed before the expiration of such three-year period when the notice of lien with respect to which has been filed prior to the 2. Incase of ai false or fraudulent return with intent to evade taxation, the tax, together with interest and penalties thereon, may be assessed, or proceedings for the collection of such taxes may be expiration of such period. commenced at any time. 3. Before the expiration of such period ofl limitation, the taxpayer and the town clerk may agree in writing to an extension thereof, and the period sO agreed on may be extended by subsequent agreements in writing. (Ord. No.546, $1 1(3.15), 11-23-2020) 5.16.720- Exemption from revenue limitation. 1. Ina accordance with the approval oft the registered electors votinga att the April7, 2020 municipal election, the revenues derived from the tax imposed by this chapter on medical eRRuCReemenuans storees shall be collected and spent as a voter approved revenue change, notwithstanding any revenue or expenditure limitations contained in Article. X, Section 20, of the Colorado Constitution. 2. Inaccordance with the approval oft ther registered electors voting at the April 7, 2020 municipal election, the revenues derived from the tax imposed by this chapter on retail ne-buanemenuans storees shall be collected and spent as a voter approved revenue change, notwithstanding any revenue or expenditure limitations contained in Article X, Section 20, of the Colorado Constitution. ARTICLE IV. -MARJUANA EXCISE TAX 5.16.730- Purpose. The board of trustees of the Town of Dolores, Colorado intends that a municipal excise taxl be imposed on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility to a retail mauenacememanuana store or retail marijuana products manufacturer within the town. The purpose of this taxi is to increase the revenue base for the Town of Dolores to fund the enforcement of regulations on the retail marijuana industry, other costs related to enforcement of marijuana laws, education and public health programs associated with marijuana consumption, and other town expenses. All revenues from thet tax shall be deposited in thei town's general fund. The excise tax levied by this article was approved by a majority vote of registered Dolores electors voting at the April7, 2020 municipal election. (Ord.No.546, $ 1(4.1), - 11-23-2020) 5.16.740-D Definitions. Thei following words and phrases used in this article shall have the following meanings unless the Average market rate means the amount determined by the State of Colorado pursuant to C.R.S.S 39-28.8-101(1), as the average price of unprocessed retail marijuana thati is sold or transferred from a retail marijuana cultivation facility to a retail mauanacenemanuana store or retail marijuana products All other terms in this article shall have the same meaning as set forth in article II of this chapter, context clearly indicates otherwise: manufacturer. licensing and regulation of recreational marijuana businessmariuana storees. (Ord.No.546, S 1(4.2),11-23-2020) 5.16.750-1 Imposition and rate of tax. There is hereby levied an excise tax of five percent upon the average market rate of unprocessed retail marijuana that is sold or transferred from a retail marijuana cultivation facility located in the Town of Dolores to a retail marijuana centermarijuana store or retail marijuana products manufacturer. (Ord.No.546, $ 1(43),11-23-2020) 5.16.760- Vendor liable for tax. Each retail marijuana cultivation facility within the Town of Dolores shall collect the taxi imposed by this article upon every sale or transfer of unprocessed retail marijuanai from the cultivation facility. The person charged with the duty to collect taxes also has the burden of proving that any transaction is not subject toi the taxi imposed by this article. (Ord. No. 546, $ 1(4.4), 11-23-2020) 5.16.770-Taxes collected are held int trust. All sums of money paid by any person or facility to a cultivation facility as excise taxes pursuant to this article are public monies that are the property of the Town of Dolores. The person required to collect and remit municipal retail marijuana excise taxes shall hold such monies in trust for the sole use and benefit of the Town of Dolores until paying them toi the town's treasurer. (Ord. No. 546, $ 1(4.5),11-23-2020) 5.16.780-Licensing: and reporting procedures. 1. Every person with the duty to collect the excise tax imposed by this article shall obtain an excise tax license from the town clerk and shallr report such taxes collected ont forms prescribed by the town clerk and remit such taxes to the town on or before thei tenth day of the month for the preceding month or months under the report. An excise tax license shall be valid so long as: a. The business remains in continuous operation, and b. The license is not cancelled byt the licensee or revoked by thet town, and The business holds a valid retail marijuana license pursuant to article Il of this chapter. 2. The excise taxl license may be cancelled or revoked by the town as provided ini this article. 3. Whenever a business entity that is required to be licensed under this article is sold, purchased, or transferred, sO that the ownership interest of the purchaser or seller changes in any respect, the 4. Every person engaged in a retail marijuana cultivation business in the Town of Dolores shall keep books and records according toi the standards ofi the town clerk andt this article and subject tot thet town purchaser shall obtain a new excise tax license. treasurer's right to audit as set forth in this article. (Ord.No.546, $ 1(4.6), 11-23-2020) 5.16.790-Collection of tax. 1. Ift the accounting methods regularly employed by the vendor in the transaction of business, or other conditions, are such that the returns aforesaid made on a calendar month basis will impose unnecessary! hardship, thet town clerk may, upon request oft the vendor, accept returns at suchi intervals as will, int the town clerk's opinion, better suit the convenience of the vendor andy will notj jeopardize the collection of the tax; provided, however, the town clerk may by rule permit a vendor whose monthly tax obligation is less than one hundred dollars to make returns and pay taxes at intervals not greater 2. Itshall be the duty of every vendor to maintain, keep and preserve suitable records of all sales made by the vendor and such other books or accounts as may be required by the town clerk in order to determine the amount oft the tax of which the vendor is liable under this article. It shall be the duty of every such vendor to keep and preserve for ap period of three years all such books, invoices and other records and the same shall be open for examination by the town clerk, town treasurer or their than three months. designees. (Ord.No.546, $ 1(4.7), ,11-23-2020) 5.16.800 - Audit of records. 1. Fort the purpose of ascertaining the correct amount of the excise tax due and owing to the town, the town treasurer or an authorized agent, may conduct an audit by examining any relevant books, 2. Allb books, invoices, accounts and other records shall be made available within the town limits and be open at any time during regular business hours for examination by the town clerk, town treasurer or an authorized agent. If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, thet town clerk mayi issue: as subpoena to require that thet taxpayer or its representative attend a hearing or produce any such books, accounts and records for examination. Any such 3. Any person claiming an exemption under the provisions of this article is subject to audit in the same manner as any other person engaged in the sale or transfer of unprocessed retail marijuana in the accounts and records of such person. subpoena may be enforced by the Dolores Municipal Court. town. (Ord.No. 546, $1(4.8),11-23-2020) 5.16.810-7 Tax overpayments and deficiencies. 1. An application for refund of tax monies paid in error or by mistake shall be made within three years after the date of payment for which the refund is claimed. Ift thet town clerk determines that within three years oft the due date, a vendor overpaid the excise tax upon the sale or transfer of unprocessed retail marijuana, she shall process a refund or allow a credit against a future remittance from the same taxpayer. Ifa at any time the town clerk determines the amount paid is less than the amount due under this article, the difference together with interest shall be paid by the retail marijuana cultivation facility within ten days after receiving written notice and demand from the town clerk. The town clerk may extend that time for good cause. (Ord. No. 546, $ 1(4.9), 11-23-2020) 5.16.820 Taxi information confidential. 1. All specific information gained under the provisions of this article which is used to determine the tax due from at taxpayer, whether furnished by the taxpayer or obtained through audit, shall be treated by the town and its officers, employees or legal representatives as confidential. Except as directed by judicial order or as provided in this article, no town officer, employee, or legal representative shall divulge any confidential information. If directed byj judicial order, the officials charged with the custody ofsuch confidential information shall be required top provide onlys suchi information asi is directlyi involved int the action or proceeding. Any town officer or employee who shall knowingly divulge any information classified herein as confidential, in any manner, except in accordance with proper judicial order, or as 2. The town clerk may furnish to officials of any other governmental entity who may be owed sales tax or excises taxes any confidential information, provided that saidj jurisdiction enters into an agreement with 3. Nothing contained in this section shall be construed to prohibit the delivery to a taxpayer or its duly authorized representative a copy of such confidential information relating to such taxpayer, the publication of statistics so classified as to prevent the identification of particular taxpayers, or the inspection of such confidential information by an officer, employee, or legal representative oft thet town. otherwise providedi ini this article or byl law, shall be guilty of a violation hereof. the town to grant reciprocal privileges to the town. (Ord.No.546, $ 1(4.10), 11-23-2020) 5.16.830- Forms and regulations. 1. Thet town clerk is hereby authorized to prescribe forms and promulgate rules and regulations to aidi in the making ofr returns, the ascertainment, assessment and collection of said excise tax oni the sale or transfer of unprocessed retail marijuana and in particular and without limiting the general language of a. A form of report on the sale or transfer of unprocessed retail marijuana to be supplied to all b. The records which retail marijuana cultivation facilities are to keep concerning the taxi imposedI by this article, to provide for: vendors; this article. (Ord. No. 546, $ 1(4.11), 11-23-2020) 5.16.840- Enforcement and penalties. 1. Its shall be unlawful for any person to intentionally, knowingly, or recklessly fail to pay thet taxi imposed by this article, or to make any false or fraudulent return, or for any person to otherwise violate any provisions of this article. Any person convicted of a violation of this article shall be deemed guilty of a municipal offense, punishable by a fine of up to three hundred ninety-nine dollars and ninety days imprisonment or by both such fine andi imprisonment. Each day, or portion thereof, that any violation 2. A penalty in the amount of ten percent of the tax due or the sum of ten dollars, whichever is greater, shall be imposed upon the retail marijuana cultivation facility and become due in the event the taxi is not remitted by the tenth day of the month as required by this article, or such other date as prescribed by the town clerk, and two and one-half percent interest shall accrue each month on the unpaid balance. Thei town clerk is hereby authorized to waive, for good cause shown, any penalty assessed. 3. Ifany part ofa a deficiency is due to negligence ori intentional disregard of regulations, but without intent too defraud, there shall be added ten percent of the total amount of the deficiency, and interest, from the retail marijuana cultivation facility required to file a return. If any part of the deficiency is due to fraud with thei intent to evade the tax, then there shall be added fifty percent of the total amount oft the deficiency together with interest and in such case, the whole amount of the unpaid tax, including the additions, shall become due and payable ten days after written notice and demand by thet town clerk. 4. Ifa any retail marijuana cultivation facility fails to make a return and pay the taxi imposed by this article, the town may make an estimate, based upon available information of the amount of tax due and add the penalty andi interest provided above. The town shall mail notice of such estimate, by certified mail, tot the retail marijuana cultivation facility ati its address as indicatedi int the town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from thet taxpayer to the town clerk ten days from the date of service of the notice ort the date of mailing by certified mail; provided, however, that within the ten-day period such delinquent taxpayer may of this article continues shall constitute a separate offense. petition the town clerk for a revision or modification of such assessment and shall, within such ten-day period, furnish the town clerk the documents, facts and figures showing the correct amount of such 5. Such petition shall be in writing andi the facts and figures submitted shall be submitted in writing, and shall be given by the taxpayer under penalty of perjury. Thereupon, the town clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of this article. Such assessment shall be considered thei final order of thei town clerk, andi may be reviewed by a court of competent jurisdiction under the Rule 106(a)(4) oft the Colorado Rules of Civil Procedure, provided thati thei taxpayer gives written notice to the town clerk of such intention within ten days after receipt of taxes due and owing. the final order of assessment. (Ord.N No.546, 8 1(412),11-23-2020) 5.16.850- Tax lien. 1. Thet taxi imposed by this article, together with the interest and penalties herein provided and the costs of collection which may bei incurred, shall be, and until paid, remain at first and prior lien superior to all other liens on all of thet tangible personal property ofa ai taxpayer within thet town and may bei foreclosed by seizing under distraint warrant and selling so much thereof as may be necessary to discharge the lien. Such distraint warrant may bei issued byt thet town clerk whenever the taxpayer is in default in the payment of the tax, interest, penalty or costs. Such warrant may be served and the goods subject to suchl lien seized by any town marshal, thel Montezuma County Sheriff or any duly authorized employee oft thei town. The property so seized may be sold by the agency seizing the same or by the town clerk at public auction after ten days have passed following an advertised notice in a newspaper published int thei town, int the same manner as is prescribed byl lawi in respect to executions against property upon judgment of a court of record, and the remedies of garnishment shall apply. 2. The taxi imposed by this article shall be, and remain, ai first and prior lien superior to all other liens on the real property and appurtenant premises at which the taxable transactions occurred. (Ord.No.546, $1 1(4.13), 11-23-2020) 5.16.860 Recovery of unpaid tax. due the town from the taxpayer. 1. The town clerk may also treat any such taxes, penalties, costs or interest due and unpaid as a debt 2. In case of failure to pay the taxes, or any portion thereof, or any penalty, costs or interest thereon, when due, thet town clerk may recover atl law the amounto ofsuch taxes, penalties, costs, the reasonable value ofa any salaried attorney's time, including legal assistant's time, or the reasonable attorney's fees, including legal assistant's fees, charged, plus interest, in any county or district court of the county wherein the taxpayer resides or had a controlling beneficial owner place of business (at the time the 3. The return oft the taxpayer or the assessment made by thet town clerk shall be prima facie proof of the 4. Such actions may be actions in attachment, and writs of attachment may be issued to the Montezuma County Sheriff, ast the case may be, andi in any such proceeding no bond shall ber required oft the town clerk, nor shall anyt town marshal or sheriff require oft thet town clerk ani indemnifying bondi for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings. The town clerk may prosecute appeals in such cases without the necessity of providing al bond therefor. 5. Itshall bet the duty oft the town attorney, when requested by thet town clerk, to commence an action for the recovery of taxes due under this article and this remedy shall be in addition to all other existing tax became due) having jurisdiction of the amount sought to be collected. amount due. remedies, or remedies provided in this article. 6. The town may certify the amount of any delinquent tax, plus interest, penalties and the costs of collection, as a charge against the property at which the taxable transaction occurred to the Montezuma County Treasurer for collection in the same manner as delinquent ad valorem taxes pursuant to C.R.S.S $31-20-105. (Ord.No. 546, $ 1(4.14), 11-23-2020) 5.16.870- Status of unpaid taxi in bankruptcy and receivership. Whenever the business or property of at taxpayer subject to this article shall be placed in receivership, bankruptcy or assignment fort the benefit of creditors, or seized under distraint for taxes, all taxes, penalties andi interest imposed byt this article and for which the taxpayer is in any way liable under thet terms of this article shall be a prior and preferred lien against all the property oft the taxpayer, except as to other taxl liens which have attached prior to the filing of the notice, and no sheriff, receiver, assignee or other officer shall sell the property of any person subject to this article under process or order of any court, without first ascertaining from the town clerk the amount of any taxes due and payable under this article, and ift there be any such taxes due, owing and unpaid, its shall bet the duty of such officer toi first pay the amount of the taxes out of the proceeds ofs such sale before making payment of any monies to anyi judgment creditor or other claimants of whatsoever kind or nature, except the costs oft the proceedings and other preexisting tax liens as above provided. (Ord.No. 546, $ 1(4.15), 11-23-2020) 5.16.880 Hearings, subpoenas and witness fees. 1. Hearings before the town clerk pursuant to provisions in this article shall be held in a manner that provides due process of law. Any subpoena issued pursuant to this article may be enforced by the Dolores Municipal Judge pursuant to C.R.S. S 13-10-112(2). The fees of witnesses for attendance at hearings shall bei thes same as thei fees of witnesses before the district court, such feest to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the town clerk, such fees shall be paidi int the same manner as other expenses under the terms of this article, and when a witness is subpoenaed at the instance of any party to any such proceeding, the town clerk may require that the cost of service of the subpoena andi the fee ofi the witness be borne by the party at whose instance the witness is summoned. In such case, the town clerk, at her discretion, may require a deposit to cover the cost of such service and witness fees. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued out of a court of record. 2. The Dolores Municipal Judge, upon the application of the town clerk, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the town clerk or any duly authorized hearing officers, by an action for contempt, or otherwise, in the same manner as production of evidence may be compelled before the court. (Ord.No.546, $ 1(4.16), 11-23-2020) 5.16.890-Depostions. The town clerk or any party in an investigation or hearing before thet town clerk may cause the deposition of witnesses residing within or without the state tol be taken in the manner prescribed byl law for like depositions in civil actions in courts of this state and to thate end compel the attendance of witnesses and the production of books, papers, records or memoranda. (Ord.No.546, $ 1(4.17,11-23-2020) 5.16.900- Statute of limitation. 1. Except as otherwise provided in this section, the taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this article shall not be assessed, nor shall notice of lien be filed, or distraint warrant be issued, or suit for collection be instituted, or any other action to collect the same be commenced, more than three years after the date on which the tax was or is payable, nor shall any lien continue after such period, except fori taxes assessed before the expiration of such three-year period when the notice of lien with respect to which has been filed prior to the 2. In case of ai false or fraudulent return with intent to evade taxation, the tax, together with interest and penalties thereon, may be assessed, or proceedings for the collection of such taxes may be 3. Before the expiration of such period ofl limitation, the taxpayer and the town clerk may: agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in expiration of such period. commenced at any time. writing. (Ord.No.546, $ 1(4.18), 11-23-2020) 5.16.910- Exemption from revenue limitation. In accordance with the approval of the registered electors voting at the April 7, 2020 municipal election, the revenues derived from the taxi imposed by this chapter shall be collected and spent as a voter approved revenue change, notwithstanding: any revenue or expenditure limitations contained in Article X, Section 20, of the Colorado Constitution. (Ord. No. 546, $ 1(4.19), 11-23-2020) TOWN OF DOLORES, COLORADO ORDINANCE, NO583 SERIES 2025 ANC ORDINANCE OF THE TOWN OF DOLORES, GRANTING TO EMPIRE ELECTRIC ASSOCIATION, ITS LESSEES, SUCCESSORS, AND. ASSIGNS. A NON-EXCLUSIVE FRANCHISE FOR A PERIOD OF TEN (10) YEARS WITH A TEN (10) YEAR RENEWAL, TO ERECT, MAINTAIN AND OPERATE AN BLECTRICAL SYSTEM AND ANY AND ALL NECESSARY TRANSMISSION LINE OR LINES, SERVICES AND OTHER APPURTENANCES THEREUNTO APPERTAINING IN, UPON, UNDER, OVER, ACROSS AND ALONG THE STREETS, ALLEYS, BRIDGES, AND PUBLIC PLACES OF THE TOWNG OF DOLORES, AND FOR THE TRANSMISSION, DISTRIBUTION AND OTHER USES AND PURPOSES IN SAID TOWN OF DOLORES AND FOR THE PURPOSE OF TRANSMITTING AND CONVEYING SUCH ELECTRICITY INTO, THROUGH OR BEYOND THE IMMEDIATE LIMITS OF SAID TOWN' TO OTHER CITIES, TOWNS AND CUSTOMERS AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE SAID COMPANY IST TO OPERATE, AND REPEALING ORDINANCENO. 463, SERIES 2005 OF SAID TOWNOF BEI IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF DOLORES, DOLORES, AND SETTING A PUBLIC HEARING. MONTEZUMA COUNTY, COLORADO: ARTICLEI Whenever the word "Town" is hereinafter employed, it shall designate the Town of Dolores, Montezuma County, Colorado, and any future annexations or additions thereto, the grantor and whenever the word "Company" is used, it shall designate not only Empire Electric Association, Incorporated, the grantee, but also its successors and assigns. Whenever the word Franchise" or "Ordinance" is used, it shall designate this specific Ordinance No 583, Series 2025. ARTICLE II That the Company is hereby granted ai non-exclusive franchise for a period oft ten (10) years to erect, construct, maintain and operate, an electrical transmission and distribution system and any and all necessary lines, services and other appurtenances and equipment thereunto appertaining in, upon, under, over, across and along the streets, alleys, bridges and public places owned or controlled by the Town for the Page/1 transmission, distribution and sale ofe electricity for lighting, heating, industrial and all other uses and purposes in said Town, and for the purpose of transmitting, and conveying such electricity into or through the limits of said Town. This Franchise shall be renewed for a second ten-year term unless the Town gives the Company written notice, prior to ninety (90) days before the expiration oft the Franchise, that it desires to negotiate terms and conditions of this Franchise or to cancel this Franchise. In the event the Town elects to negotiate new terms and conditions of this Franchise and no agreement is reached regarding the new terms and conditions, this Franchise the same terms and conditions set forth herein. Ifthe Town elects to cancel this Franchise, then the Town shall purchase the electric system ofthe Company pursuant to. Article XII. The "electric system ofthe Company" shall consist ofall the equipment, facilities, and real property owned by the Company located within the boundaries ofthe Town, as well as any and all equipment and facilities oft the Company that may be stranded or deemed unusable by the purchase. shall be renewed for the second ten (10)-year term under ARTICLE II All construction and repair of facilities within the Town are subject to inspection by the Town and a determination by the Town that said construction and repair has been performed in accordance with all applicable ordinances, rules, and regulations oft the Town. It shall be a condition oft the Town's approval that, for any facilities installed, renovated, or replaced after the effective date ofthis Franchise, the Company shall provide the Town with as-built drawings ofe each such facility in such formats as reasonably requested by the Town. The Company shall furnish such information in both hard copy and in digital format, compatible with the Town's information system, The Company will endeavor to place all newly constructed or reconstructed electrical distribution lines underground whenever feasible. The Company and the Town agree that in some cases, terrain, surrounding improvements, other utilities in the vicinity, or other electrical distribution design requirements render an underground line infeasible. The Company will place newly constructed electrical distribution lines underground to serve new residential and/or industrial subdivisions in accordance with the Company's rules and regulations and the Town's subdivision regulations. The Company must obtain an excavation permit prior to any excavation, except for emergency work, for work on private property, or for minor work that does not disturb actual street surfaces or other public improvements or other utilities. Should: it become necessary for the Company, in exercising its rights and performing its duties hereunder, to interfere with any street or other public or private improvement, the referencing state plane coordinates. Pagel 12 Company shall repair at its own expense, and in a skillful manner subject to the The Town shall have the right to allow the installation of public elecommunication facilities in the Company's rights of way on Town property, sO long as there is no interference with the Company's functions, and such installation is completed under the supervision oft the Company and meets the Company's rules and regulations, and approval by the Town, such improvement. the National Electrical Safety Code. The Town shall designate the location and the size of any easement on property owned or controlled by the Town, together with any further restrictions or requirements deemed appropriate, as long as the designation complies with the latest edition of the National Electrical Safety Code and common practices of the utility industry. ARTICLE: IV The Company shall use due care not to interfere with or damage any water facilities, sanitary sewer facilities, storm water facilities, or other structures now in place or which may hereafter be placed in streets in the Town, and the Company shall, at its own expense, repair in a workmanlike manner, and subject to the approval of the Town, any such water facilities, sanitary sewer facilities, facilities, storm water facilities, or other structures which are damaged through the action of the Company, provided, however, that the Town may make such repairs and charge the reasonable cost thereoftot the Company ifthe Company fails to repair the damages within a reasonable time after receipt of written notice from the Town. This grant of authority shall apply to all streets presently platted or otherwise of record, all easements presently owned by or dedicated to the Town or the public within the Town limits and toall future streets and easements later acquired by or dedicated to the Town and located within the Town limits. The Company shall be responsible to remedy any defects and repair work performed by the Company for a period oftwo years after completion. The Town shall have the right to inspect and supervise any work on the Town property and improvements. The Town shall use due care not to interfere with or damage any facilities ofthe Company now in place or which may hereafter be placed in the streets and other properties owned or controlled by the Town. Ifthe Town causes damage to the Company's facilities, the Company shall make repairs and charge a reasonable cost thereofto the Town. This grant of authority shall apply to all streets presently platted or otherwise ofrecord, all easements presently owned by or dedicated to the Town or the public within the Town limits, all other property owned Page/3 by the Town, and to all future streets, easements and property later acquired by or dedicated to the Town and located within the Town limits. ARTICLE V The Town may request from the Company new streetlights within the Dolores Town limits. Company shall install lights according to the Company's overhead street lighting tariffs in effect at that time. The Company shall install all new lights with a luminary (the light head) that is designed to minimize light pollution. The style and light pattern of any new luminaries shall be approved by the Town and the Company For the term of this Franchise, rate increases under the Overhead Street Lighting Tariff are hereby capped at a value not to exceed increases in the Consumer Price Index for All Urban Consumers (CPI-U) for the West - Size Class B/C for All Items prior to installation ofthe luminary by the Company. published by the Bureau ofLabor Statistics. ARTICLE VI The Company agrees for and on behalf ofitself, its lessees, successors and assigns, that for and during the term and period of this grant, it will maintain in the Town an adequate, modem, standard and sufficient electrical system and equipment and to maintain and operate the same in a modem and adequate fashion. The Company also agrees to use its best efforts to obtain the lowest possible wholesale cost on electricity to be distributed, provided however, that due consideration will be given by the system herein authorized. Company to the adequate supply and ai reserve.to ensure continued operation of the The Company will from time to time during the term ofthis Franchise make such enlargements and extensions ofits electrical system as the business oft the Company and the growth of said Town justify, in accordance with its Rules and Regulations relating to customer connections, transmission and distribution line extensions currently in effect and on file from time to time with the Colorado Public Utilities Commission or other competent authority having, jurisdiction in the premises; provided, however, that no obligation shall extend to, or be binding upon the Company, to construct or extend its power lines or furnish electricity or electrical service within said Town if Company is, for any reason, unable to obtain an adequate supply of electricity from its wholesale power supplier to warrant the construction or extension ofits electrical system, for the furnishing of such electricity or electrical Page/4 service; provided, further, that when the amount of electricity supplied to Company is insufficient to meet the firm requirements of connected or new customers, Company shall have thei right to prescribe reasonable rules and regulations for allocating the The Company agrees to purchase surplus power from private individuals who are producing electric power for home consumption sO long as the sole purchase of available supply of electricity. surplus power is in accordance with C.R.S. 40-9.5-301, et seq. ARTICLE VII This Franchise is granted subject to all conditions, limitations and immunities now provided for and applicable to the operations of a public utility by the laws ofthe State ofColorado. The rates to be charged for electrical service within said Town and the rules and regulations with reference to character, quality and standards of service to be furnished by Company shall be under the jurisdiction and control of such regulatory body as may, from time to time during this grant, be vested by law with authority and jurisdiction oft the rates, regulations and quality and standards of service to be supplied by Company. ARTICLE VII Notwithstanding any provision in this Franchise to the contrary, it is understood by the Company that all the provisions of the laws oft the State of Colorado and the ordinances oft the Town, incorporated herein and made a part hereof by reference, as fully, and to the same extent as though such provisions were fully presented herein. ARTICLE IX The Company shall, at all times, maintain adequate voltage and an adequate supply of electricity not less than that prescribed in its rules and regulations relating thereto in effect and on file from time to time with the Colorado Public Utilities Commission or other competent authorities havingjurisdiction on the premises. ARTICLEX The Company shall indemnify and hold the Town harmless from any and all claims and actions, litigation or damage by third parties, arising out of the passage oft this Franchise or of the construction, erection, installation, maintenance or operation of the Company's properties operated by authority of this Franchise within the boundaries of the' Town or arising out of the negligence ofthe Company's employees in the operation thereof, including the Court costs and reasonable attorney fees in making Page/5 defense against such claims. A copy oft the process served upon the Town shall be served by the Town upon the Company. The Company shall have the right to defend in the name oft the Town and to employ counsel for such purpose; such right shall not, however, preclude the' Town Attorney from participating in any such litigation on behalf ofthe Town, but at no additional expense to the Company. ARTICLE. XI Ifthe Company shall be in material default in their performance of any of the terms and conditions of this Franchise and shall continue in material default for more than sixty (60) days after receiving notice from the Town Board of said Town of such default, the said Town Board may, by ordinance duly passed and adopted, terminate all rights granted under this Franchise to the Company. The said written notice of default shall specify the provision of this Franchise, and the failure of provisions in the performance by the Company, ofwhich the' Town claims the Company is in material default. Said: notice shall be in writing and served in the manner provided by the Laws ofColorado for the service of original notices in civil actions. ARTICLE XII The Town has the right to condemn any public utility works or ways, and the rights of the Company in connection therewith, as provided by the Colorado Constitution and Statutes of the State ofColorado. The Town also may purchase the electric system of the Company pursuant to. Article II herein. These rights of acquisition may be exercised by the Town in accordance with the Colorado Constitution and Statutes of the State ofColorado, with the Company entitled to just compensation as set forth in The Town retains the right to acquire property outside the Town limits by condemnation as allowed by the Colorado Constitution. In the event the Town proceeds with an acquisition of the Company's facilities, the Company shall continue toj provide service until the effective date ofthe transfer of such facilities. The Company and the Town agree to work together to coordinate the timing of any such acquisition to prevent disruption in service to customers within the Town. C.R.S. 40-9.5-204 (2003 and as subsequently amended). ARTICLE XIII That in consideration for said Franchise and in compensation for the use and occupancy oft the streets, alleys and public grounds, the Company, its lessees, successors, and assigns shall pay a franchise fee ("Franchise Fee") of five percent (5%) of gross receipts from Page/6 the sale ofelectricity within the limits ofthe Town. On or before the twentieth (20th) day of each month, the Company shall make ai report ofthe gross sales within the limits of said Town and remit the Franchise Fee. An annual adjustment will be made to reflect Franchise Fees that have been paid to the Town but not actually collected by the Company by deducting the Franchise Fee portion of the Company's bad debt write-off: attributable to sales within the Town from the next ensuing monthly payment of Franchisee's Fee to said Town. This The Franchise Fee shall be surcharged on billings for electric service to consumers Itis further agreed that the Company will budget for economic development incentives for business and industrial customers on a case-by-case basis. adjustment normally occurs in July. within said Town. ARTICLE XIV Ordinance No. 463, Series 2005, oft the Town ofDolores, Colorado, is hereby repealed as of the effective date of this Ordinance. ARTICLE XV Nothing in this Franchise shall be sO construed as to prevent the Company from assigning all ofits right, title or interest, granted or authorized under or by virtue of the terms of this Franchise, provided, however, that the Town is notified at least sixty (60) days in advance of the assigning, and that such assignment shall not become effective until approved by the Town Board except that such approval shall not be unreasonably withheld. ARTICLEXVI The Company shall not, as to rates, charges, service, facilities, rules, regulations or in any other respect make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage, provided that nothing in this Ordinance shall be taken to prohibit the establishment from time to time of a graduated scale ofo charges and classified rate schedules to which any customer coming within an established classification would be entitled. ARTICLE XVII Page 17 Ifany section, subsection, sentence, clause, phrase, punctuation or portion ofthis Franchise is for any reason deemed invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase, punctuation or portion shall be a distinct, independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE XVIII Ifat any time it shall be necessary to relocate any transmission, distribution or service lines or other structures of the Company to permit the Town to lay, make or change streets, grades, pavements, Town owned storm and sanitary sewers, water mains or other Town owned works or improvements, the cost of all such changes shall be shared equally between the. Town and the Company. ARTICLE XIX Once during each calendar year of the Franchise term, the Town Board, upon giving thirty (30) days' notice to the Company ofi its intention to do sO, may review and change the franchise fee the Town shall be entitled to receive as part of the Franchise in accordance with applicable law; provided, however, the Town may only change the franchise fee to be received by the Town under the terms ofthis Franchise to the equivalent ofthe highest franchise feej paid by the Company to any city or town in the State of Colorado in which the Company provides electrical service under a similar franchise. The Town and Company expressly agree that any franchise agreement currently in effect between the Company and any Colorado city or town which provides for payment of a flat-rate franchise fee higher than the fee negotiated hereunder is excluded and exempt from consideration by the' Town. ARTICLE XX This Ordinance, when and ifa approved by the Town Board, shall be considered for PUBLIC HEARING. This Ordinance shall be considered for second or final reading first hearing on the 10th day of] February 2025. on the Page18 10th day ofMarch_, 2025 at thel hours of 5:30pm in the Town Board Chambers in Town Hall, Dolores, Colorado, at which time and place all persons may appear and be heard concerning the same. PASSED, ADOPTED AND APPROVED ON FIRST READING THIS DAY OF 2025. TOWN OF DOLORES Mayor Chris Holkestad ATTEST: Town Clerk Tammy Neely PASSED, ADOPTED AND APPROVED ON SECOND AND FINAL READING THIS OF DAY OF 2025, WITHAN EFFECTIVE DATE 2025. TOWN OF DOLORES Mayor Chris Holkestad ATTEST: Town Clerk Tammy Neely APPROVED AS TO FORM: Page/9 Town Attorney ACCEPTANCE OF FRANCHISE COMES NOW Empire Electric Association, Inc., and by these presents does herewith accept the terms and provisions ofthat certain electrical franchise created by Ordinance ofthe Town ofDolores, Colorado, being Ordinance No. Series 2025, passed, adopted and approved on final reading the Inc., at Cortez, Colorado, this day of day of 2025. 2025. WITNESS thel hand oft the President of the Board of said Empire Electric Association, EMPIRE ELECTRIC ASSOCIATION, INC. President of the Board STATE OF COLORADO) )ss. COUNTY OF MONIBLUMA) The above and foregoing document was exeçuted before me this day of 2025, by. as President of the Board of Empire Electric. Association, Inc., in the County ofN Montezuma and State of Colorado. WITNESS my hand and official seal. Page/10 Town of] Dolores Resolution No R644 2025 A RESOLUTION AMENDING THE 2025 BUDGET AND PROVIDING FOR A SUPPLEMENTAL APPROPRIATION OF FUNDS TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSE AS SET WHEREAS, the Board ofTrustees of the Town ofDolores has previously adopted the 2025 WHEREAS, the Town Board ofTrustees has reviewed revised estimated revenues and FORTH BELOW FOR' THE: 2025 BUDGET YEAR budget ati is regular meeting on. December 9, 2024; expenditures for 2025; WHEREAS, the' Town Board ofTrustees finds it necessary to amend the 2025 budget to more WHEREAS, the Town Board ofTrustees has caused to bej published ai notice containing the date and time ofa aj public hearing at which the adoption of the proposed budget amendment will be considered and a statement that the proposed budget amendment is available for public inspection at the office oft the' Town Clerk located int the Town ofDolores Town Hall during normal business hours, and that any interested elector oft the Town of] Dolores may file any objection to the proposed budget amendment at any time prior to the final adoption ofthe WHEREAS, whatever increases or decreases may have been made in the expenditures like increases or decreases were added to the revenues sO that the budget remains in balance as NOW THEREFORE BE IT RESOLVED BY THE TOWN OF DOLORES BOARD OF Section 1. There be and hereby is appropriated out oft the revenues oft the' Town of] Dolores, Colorado for the fiscal year 20251 beginning January 1, 2025 and ending December 31, 2025 the sums to be raised by taxation and otherwise, which sum is hereby divided and appropriated for the purposes set forth on Exhibit 1, attached hereto and incorporated herein by reference. accurately reflect the revenues and expenditures for 2025; proposed budget amendment; and required by law. TRUSTEES AS FOLLOWS: PASSED AND ADOPTED this 10thdayofFebruary,: 2025. Mayor, Chris Holkestad ATTEST: Town Clerk, Tammy Neely Town of Dolores Resolution No 643 series 2025 A RESOLUTION SUPPORTING PARTICIPATION IN' THE MONTEZUMA COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN (HMP) WHEREAS the Town of] Dolores is uniquely situated in ai manner exposing its citizens and businesses to the risk ofnumerous natural hazards including the threat off flood, fire and WHEREAS the Board ofTrustees finds that cooperation with other jurisdictions in Montezuma County for emergency management, planning and response is ofparamount WHEREAS to further these purposes the Board ofTrustees wishes to renew its participation inl Montezuma County's Hazard Mitigation Plan which will allow paricdpatingjurisdicions to obtain assistance from the Federal Emergency Management Agency to deliver a letter of intent toj participate in the Montezuma County Multi-Jurisdictional Hazard Mitigation Plan. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR Section1. The Board ofTrustee supports and directs the Town Manager to execute the Letter of Intent attached hereto as Exhibit 1 to participate in the Montezuma County Multi- landslides. importance to the safety oft the public. THE TOWN OF DOLORES, COLORADO: Jurisdictional Hazard Mitigation Plan. PASSED AND ADOPTED this 10PdayofFebruary, 2025. Mayor Chris Holkestad ATTEST: Town Clerk' Tammy Neeley LETTER OF INTENT TO PARTICIPATE January 27, 2025 Mark Thompson State Hazard Mitigation Officer, 9195 E. Mineral Ave, Suite 200, Centennial, CO 80112 Re: Statement of Intent to Participate" as a participating jurisdiction to the Montezuma County Multi-Jurisdictional Hazard Mitigation Plan (HMP) Dear Mr. Thompson, In accordance with the Federal Emergency Management Agency's (FEMA) Local Hazard Mitigation Plan (HMP) requirements, under 44 CFR $201.6, which specifically identify criteria that allow for mult-jurisdictional mitigation plans, the Town of Dolores is submitting this letter of intent to confirm that Town of Dolores has agreed to participate int the Montezuma County Multi-Jurisdictional Hazard Mitigation Planning effort. Further, as a condition to participating in the mitigation planning, Town of Dolores agrees to meet the requirements for mitigation plans identified in 44 CFR $201.6 and to provide such cooperation as is necessary and in a timely manner to Montezuma County Town of Dolores understands that it must engage in the following planning process, as more fully described in FEMA's Local Mitigation Planning Handbook dated April 2023 toc complete the plan in conformance with FEMA requirements. including, but not limited to: Identification of hazards unique to the jurisdiction; differ from the general planning area; identified specific for each jurisdiction; The conduct of a vulnerability analysis and an identification of risks, where they The formulation of mitigation goals responsive to public input and development of mitigation actions complementary to those goals. Arange of actions must be Demonstration that there has been proactively offered an opportunity for participation ini the planning process by all community stakeholders (examples of participation include relevant involvement in any planning process, attending meetings, contributing research, data, or other information, commenting on drafts Documentation of an effective process to maintain and implement the plan; Formal adoption of the Multi-Jurisdictional Hazard Mitigation Plan by the jurisdiction's governing body (each jurisdiction must officially adopt the plan). Therefore, with a full understanding of the obligations incurred by an agreement between the Lead Jurisdiction and the Participating Jurisdiction, I Leigh Reeves, as of the plan, etc.); Town Manager of the Town of Dolores, a statutory town, commit the Town of Dolores to the Montezuma County Multi-Jurisdictional Hazard Mitigation Planning effort. RESOLUTION: NO. R645 MUNICIPALJUDGE Al RESOLUTION OF THE TOWN OF DOLORES APPROVING CONTRACT FOR WHEREAS, the Town of] Dolores (the "Town"), is a duly organized and existing statutory WHEREAS, a vacancy occurred in the position ofmunicipal judge for the' Town ofDolores; WHREAS; after soliciting requests for proposals from the legal community, the Board of Trustees selected Kristen Tarrin to serve. as the municipal judge for the Town of Dolores; WHEREAS, the Board ofTrustees finds that Kristen Tarrin meets the requirements ofCRS 81 13- WHEREAS, $ 13-10-105 provides that the Board ofTrustees may appoint ai municipal judge for at term not less than two years, except that the Board may: require that thei initial term expire at WHEREAS The Dolores Municipal Code is silent on the length ofterm and the next general WHEREAS the Board ofTrustees wishes to formally appoint Kristen Tarrin as: municipal judge, establish the initial term ofher office, and enter into a contract for judicial services. NOW, THEREFORE, BEITRESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN Section- 1. Pursuant to CRS $ 13-10-105 and Dolores: Municipal Code $:2.12.030! Kristen Tarrin is appointed to serve as: municipal judge completing the two year term oft the previous magistrate commencing March 10, 2025 and expiring on April 27, 2026 or until Section 2. Thel Municipal Judge's compensation shalll be $105.00 per hour.Thet terms and conditions ofthel Municipal Judge's employment shalll be as set forthi int the Municipal Judge Services Agreement, effective as of] February 10, 2025 attached hereto andi incorporated Section 3. The Town Manager is authorized to execute the Services Agreement referenced Section 4. Ifa any section, paragraph, clause or provision of this resolution shall for any reason bel held to bei invalid or unenforceable, the invalidity or unenforceability ofsuch section, paragraph, clause or provision shall ini no manner affect any remaining provisions of municipality ofthe State ofColorado; and and, 10-106 and Dolores Municipal Code $ 2.12.030; the next election for the Board ofTrustees; election isi in April of2026; and, OF DOLORES, COLORADO, AS FOLLOWS: reappointment or the seating of another municipal judge. herein by this reference. herein on behalfoft the' Town. this resolution. Section 5. All resolutions or parts ofresolutions inconsistent herewith arel hereby repealed to the extent only ofsuch: inconsistency. This repealer shall not be construed to revive any Section 6. The effective date oft this resolution shall bei immediately upon adoption. ADOPTED AND APPROVED this 10th Day of] February, 2025, by the BOARD OF resolution or part ofany resolution heretofore repealed. TRUSTEES OF THE TOWN OF DOLORES, COLORADO. Mayor, Chris Holkestad ATTEST: Town Clerk, Tammy Neely TOWN OF DOLORES MUNICIPALJUDGE SERVICES AGREEMENT THIS MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of February 10,2025 ("Effective Date"), by and between the Town ofl Dolores, Colorado (the "Town") and Kristen Tarrin ("Municipal Judge"), together referred to herein as the "Parties." In consideration oft the mutual promises and covenants contained herein, thel Parties agree as follows: ARTICLE1- SERVICES Pursuant to Chapter 2 ofthel Dolores Municipal Codea and CRS 13-10-101 et.seq, thel Municipal. shall preside over all Dolores Municipal Court ("MunicipalCourt") cases in accordance with Judge the applicable rules ofi municipal procedure, the Dolores Municipal Code and Colorado law. ASTGE-OTALIRCATONS Thel Municipal Judge shall continuously maintain the qualifications to serve as Municipal Judge as provided by the Dolores Municipal Code and Colorado law. The Municipal Judge shall maintain her license to practice law: in the state of Colorado in good standing and shall promptly notify the Town ofa any change in status. ARTICLE3-TERM: TERMINATION Pursuant to thel February 10, 20251 resolution ofthe Town ofDolores, this Agreement shall be for an: initial term ending on April 27, 2026, or until reappointment or the seating of another municipal judge. This Agreement may bei terminated as provided by CRS $ 13-10-105 or the resignation oft thel Municipal Judge. ARTICLE4-COMPENSATION. PERFORMANCE The Parties agree that the Municipal Judge shall be compensated at $105.00 per hour for services rendered under this Agreement, classified as an independent contractor. Ift the: docket or a special session oft the Dolores Municipal Court is adjourned after less than regular on hour, the Municipal Judge may round her time up to onel hour. The Municipal Judge will not be compensated for travel time or millage to and from the judge's home or regular place of employment to thel Dolores Municipal Court. ARTICLES-INDEMNIFICATION INSURANCE AND BENEFITS Pursuant to the Colorado Governmental Immunity Act, $8 24-10-101 et. seq-, C.R.S., Municipal Judgei is an appointed official of the' Town entitled to any and all benefits of1 law pertaining toj judicial or sovereign immunity and to coverage by the' Town'si insurance applicable toj persons. holding such aj position for claims brought against her in her official capacity arising out oft thej performance ofher official duties as described. Thel Municipal Judge will not be covered by the Town's Workers Compensation Insurance nor entitled to receivel benefits as an employee oft the Town. ARTICLE6-CODE. LAWS AND ORDINANCES Municipal Judge shall at all times during the performance of this Agreement, strictly adhere to allapplicable federal, state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated. ARTICLE7-JUDICIAL INDEPENDENCE Ani independent, fair and impartial judiciary is indispensable to our system ofj justice. The UnitedStates legal system is based upon the principle that an independent, impartial, and competent judiciary, composed ofmen and women ofintegrity, will interpret and apply the law that governs our society. Thus, thej judiciary plays a vital role inj preserving thej principles ofjustice and thei ruleoflaw.. Judges, individually and collectively, must respect and! honor thej judicial office as aj publictrust and strive to maintain and enhance confidence in the legal system. Municipal Judge is expected to uphold these principles. ARTICLEB-JUDICIAL IMPARTIALITY Municipal Judge shall uphold and apply thel law, and shall perform all duties ofjudicial office impartially. Impartially means absence ofbias orj prejudicei in favoro of, or against, particular partiesor classes of parties, as well as maintenance of an open mind in considering issues that may come before the judge. Municipal Judge shall perform the duties oft the judicial office, including administrative duties, without bias or prejudice. Municipal Judge shall not be swayed by public clamor or fear of criticism. Municipal Judge shall not permit social, political, financial, or other interests or relationships to influence the judge'sjudicial conduct orj judgment. Municipal Judge shall not convey or permit others to convey the impression that any person is ablet to influence the judge. ARTICLE9-EXPARTE COMMUNICATION concerning pending or impending matters. ARTICLEI0-LAW AND VENUE Municipal Judge shall not initiate, permit or consider ex parte communications, or consider othercommunications made to the judge outside the presence oft the parties or their lawyers, The laws oft the State ofColorado shall govern as to the interpretation, validity, and effect of this Agreement. Thel Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court ofN Montezuma County, Colorado. ARTICLEII-NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed tol havel been sufficiently given for all purposes ifs sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forthl below. Such notice shall be deemed tol havebeen given when deposited in the United States Mail. Ifto the' Town: Town Manager, POI Box 630, Dolores, CO 81323 Iftol Municipal Judge: PO Box 823, Dove Creek, CO81324 ARTICLE12-4 ASSIGNMENT AND SUBCONTRACTORS The duties and obligations ofMunicipal Judge may: not be assigned, delegated, or subcontracted except with the express written consent ofthe Town Manager. In the event that the Judge is unable toj preside over aj particular case due to a conflict ofinterest Clerk ofC Court and the Town. Attorey who shall made promptly notify the Town Manager, the substitute judge to hear the case or] preside in her absence. arrangements for the appointment ofa Municipal ori isi required to take al leave of absence, the Municipal Judge shall ARICET-SPVPRANLITY To the extent that the Agreement may be executed andj performance oft the Parties may be accomplished within thei intent ofthe Agreement, the terms oft obligations this areseverable, and should any term or provision hereofbe declared invalid or become Agreement inoperative forany reason, such invalidity or failure shall not affect the term or provision hereof. The waiver ofany breach ofat term hereofs shall validity notl of any other awaiver ofany otherterm, or the samei term upon subsequent breach. ARTICGEI-INIGRATON OF UNDERSTANDINGS ofthe be construed as This Agreement is intended as the çomplete integration of all understandings between Parties.No prior or contemporaneous addition, deletion, or other amendment hereto any forceand effect whatsoever, unless embodied herein in writing. No subsequent shall renewal, addition, deletion, or other amendment hereto shall have embodied in writing and signed by Municipal Judge and an authorized any force or effect unless have the novation, Town. representative of the ARTICLE 15- AMENDMENTS The Town may, from time to time, require changes in the scope ofs services ofthe Judge tol bej performed! herein. Such changes, including any increase or decrease the Municipal of the Judge's compensation, must be mutually agreed upon in writing the Town in and amount the Municipal Judge, as an amendment tot this Agreement. IN WITNESS WHEREOF, the Parties have executed this each ofwhich shall be deemed an original, as ofthe day and by first Agreement in two (2) copies, written above. year TOWN OF DOLORES, by: Town Manager, Leigh Reeves (Date) Kristen Tarrin (Date) 0 o - o 8 DC 3 5 - D S C O o D D D C 5 6 80 6 O + - a 3 3 - C 5 1 € 0Q 5 E TO 63 a - a E 2 C - E - 5 2 900 € 5 U a IDO E - 5 - - 5 o 6 D o C C noui, TE IDO 30 o S Artists Aged 8-18 Town DOLORES Child Entry 1L Child Entry: 2L Child Entry3L Child Entry 4L Child Entry5 5L 18, CO Adult Artists Adult Entry 1 Adult Entry 2 Adult Entry 3 Adult Entry 4 Adult Entry 5 Adult Entry 6 Adult Entry 7 Adult Entry 8 Adult Entry 9