TOWN OF MOFFAT TOWN OF MOFFAT I EST. 1911 TOWN HALL BOARD OF TRUSTEES 401 LINCOLN AVE. MOFFAT, COLORADO BOARD OF TRUSTEES WORKING SESSION April 25th, 2024 - 6:00pm 1. CALLTO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENT Public comment during our working session offers a key opportunity for community members to engage with the Board ofTrustees. This is an open forum where you can discuss any topic, including agenda items. Each speaker will have a five-minute allotment to ensure all voices are heard. The Board values your input as it helps guide our planning and decision-making. Comments will be actively considered for future meeting agendas. We encourage openness and civility in our discussions; personal attacks are not tolerated. Your participation is crucial in addressing community needs. 5. ITEMS FOR DISCUSSION a. Discussion of Excise Tax Issues - No action will be taken. 6. EXECUTIVE SESSION The Board may need to convene into executive session to discuss or review individuals' or businesses' confidential financial and tax records pursuant to C.R.S. 24-6-402(4)(c) and C.R.S. $ 24-72-204(3)(a). The Board must first announce the topic ofdiscussion, including the specific citation to the Open Meetings Law that authorizes consideration ofthe announced topic in executive session, as well as "identification oft the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized. " The body must then vote on whether to hold the session for discussion ofthe topic(s) announced. Two-thirds ofthe quorum present must vote gffirmatively before the governing body can close the meeting to the public. The minutes ofthe regular or special meeting must reflect the topic ofdiscussion at the executive session. The Board will re-convene into open session following discussion of the foregoing items. 7. ADJOURN Town of Moffat is inviting you to a scheduled Zoom meeting. Topic: Town of Moffat's Special Meeting Time: This is a recurring meeting Meet anytime Join Zoom Meeting https: uso2webzoomusBBURAR822578958PPd-dRVAMFIZEIDNZAN2ZomxTVipewwa09 Meeting ID: 864 2257 8056 Passcode: 592122 WYATT WHF HAMILTON FINDLAY To: Mayor and Trustees From: Sarah Ross Date: April 1, 2024 In re: Excise Tax Rate and Modification The following is an analysis of the current excise tax rate and the process to modify the excise tax rate. Question #1 What is the current excise tax rate in Moffat? Short Answer: The current excise tax rate in Moffat is staggered at "2% the first year, 3% the second year, and 5% thereafter", which has been the formally adopted excise tax rate since August 2019. Summary Analysis: Municipal excise tax rates are adopted by submission and passage of a maximum tax rate to the voters of the municipality and the municipality's subsequent approval of an ordinance establishing the local rate in conformance with the voter approved rate.1 1 A 5% marijuana excise tax was referred to and approved by the eligible voters of Moffat at an election held in November of 2018, as was required by law. Following approval of the 5% tax by the voters, the Town adopted a staggered rate by ordinance in 2019 establishing the tax rate at "2% the first year, 3% the second year, and 5% thereafter". 2 During a meeting of the Town Board on November 8, 2022, the Board proposed reducing the excise rate back to 2%. The meeting minutes suggest that the Board took a vote to reduce the rate to a flat 2%, however, we have been unable to locate any records to reflecting that the Board ever discussed or passed an ordinance memorializing the same, which would be required to amend the prior ordinance establishing the staggered 2/3/5% rate. We note that a proposal for a flat 2% rate was put before the voters at a Town election held on November 7, 2023, however, that measure did not pass and the 2/3/5% remains in effect at this time. 1 See TABOR, C.R.S. 5 29-2-114(2) and Colo. Const., Art. X: Section 20 (TABOR), providing, in part, that "No excise tax shall be levied pursuant to the provisions of paragraph (a) of this subsection (2) until the proposal has been referred to and approved byt the eligible electors of the municipality in accordance with the provisions of article 10 of title 31, C.R.S." 2 Ordinance 2019-16 Adopted at the regular meeting of the Board of Trustees of the Town of Moffat, Colorado on August 6, 2019, following publication and notice and a first full reading on July 2, 2019. 5810 Long Prairie Road Suite 700-220 Flower Mound, Texas 75028 90.701.2908 - sarah@whflegal.com WYATT WHF HAMILTON FINDLAY Question #2 What is the process to modify the current 2/3/5% excise tax rate? Short Answer: The Town can reduce the tax rate or make a tax policy decision that does not directly cause a net tax revenue gain by ordinance alone, without another election. However, the Town may not increase the tax or impose a new tax without a TABOR election. Summary Analysis: If the Town Board were to take action to lower the tax rate, it is likely a new TABOR election would be required to increase the rate in the future because the original 2018 ballot initiative establishing a maximum of 5% did not contain variable rate language. Should the Town Board decide to pursue action to reduce the excise tax rate from the current 5% maximum, we recommend the Board thoroughly reviews the implications of such reduction on the Town's current and future operating budgets as TABOR elections are, at best, unpredictable and the Town may be unable to increase the rate again in the future. 5810 Long Prairie Road Suite 700-220 Flower Mound, Texas 75028 90.701.2908 - sarah@whfegal.com CDOR COLORADO CO Department of Revenue FYI Taxation Division FOR YOUR Excise INFORMATION 23: Excise Tax on Retail Marijuana Colorado imposes an excise tax on the first sale or transfer of marijuana from a retail marijuana cultivation facility to a retail marijuana store or a facility that manufactures marijuana products. The tax must be paid by any retail marijuana cultivation facility licensed by the State of Colorado to cultivate, prepare, package, and sell marijuana to retail marijuana stores or facilities that manufacture marijuana products. The tax does not apply to sales or transfers made by a retail marijuana cultivation facility to another cultivation facility or to the sale or transfer of any unprocessed medical marijuana to a medical marijuana center. The excise tax is different from and in addition to the retail marijuana sales tax imposed on the retail sale of marijuana from a retail marijuana store to a consumer. See FYI Sales 93 for information about retail marijuana sales tax. The information in this FYI pertains only to marijuana excise tax imposed and administered by the State of Colorado. The Department does not administer any marijuana excise taxes imposed by any city, county, special district, or other local jurisdiction. Please contact the appropriate local jurisdiction for information about any marijuana excise tax they impose and administer. TAXABLE SALES AND TRANSFERS Marijuana excise tax is imposed on the first sale or transfer of unprocessed retail marijuana from a cultivation facility to either a retail marijuana store or a facility that manufactures marijuana products. Retail marijuana subject to this excise tax includes all parts of the plant of the genus cannabis (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, or its resin, including marijuana concentrate. Sales and transfers subject to the excise tax include any grant, conveyance, handing over, assignment, exchange, or barter of unprocessed marijuana by any means whatsoever, with or without consideration. EXEMPT SALES AND TRANSFERS No excise tax is due on the sale or transfer of any unprocessed marijuana from a cultivation facility to a medical marijuana center. In addition, the transfer of retail marijuana to a testing facility for testing purposes is exempt from the excise tax SO long as the marijuana is destroyed during or following the testing. No excise tax is due on the sale or transfer of industrial hemp, as defined by law, fiber produced from the stalks, oil, cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. No excise tax is imposed on a transfer of marijuana from one retail marijuana cultivation facility to another retail marijuana cultivation facility. In the case of a transfer of retail marijuana between cultivation facilities, the excise tax is imposed on the subsequent transfer of retail marijuana to a retail marijuana store or retail marijuana product manufacturing facility. CALCULATION OF THE TAX The excise tax is imposed at a rate of 15%. The taxable amount upon which the tax is calculated generally depends upon whether the cultivation facility is affiliated with the retail marijuana store or manufacturing facility to which the sale or transfer is made, whether a contract price is established at the time of the sale or transfer. A cultivation facility and retail marijuana store or manufacturing facility are affiliated if they are owned by: the same individuals or entities, individuals who are related by blood or marriage, or entities that are directly or indirectly under common control. Page 1 of5 (01/19) DOR COLORADO CO Department of Revenue Taxation Division Sales and transfers between unaffiliated marijuana businesses If the cultivation facility and the retail marijuana store or manufacturing facility engaged in the taxable sale or transfer are not affiliated, the excise tax is 15% of the contract price for the unprocessed marijuana sold or transferred. The contract price used to calculate the tax is the price charged on the written invoice, not including any tax and not reduced by any discount or other reductions. The invoice price charged includes all consideration the seller receives from the buyer in whatever form and regardless of the time of receipt. In the case of multiple invoices reflecting multiple prices for the same transaction, the highest price must be used to calculate the excise tax due. If no contract price is established at the time of the first sale or transfer the excise tax is calculated based on the average market rate of the retail marijuana sold or transferred. Examples of such sales or transfers include: a temporary transfer, that does not constitute a sale, of retail marijuana from a cultivation facility to an unaffiliated manufacturing facility that will process or manufacture the retail marijuana before returning it to the cultivation facility or to a retail marijuana store affiliated with the cultivation facility; or at transfer of retail marijuana from a cultivation facility to an unaffiliated retail marijuana store for which a price is not established at the time of transfer, but instead depends upon the revenue generated from the subsequent sale of the retail marijuana to the end consumer. Sales and transfers between affiliated marijuana businesses If the taxable sale or transfer is between a cultivation facility and an affiliated retail marijuana store or manufacturing facility, the excise tax is generally 15% of the average market rate for the unprocessed marijuana sold or transferred. However, if retail marijuana transferred to an affiliated store or manufacturing facility was previously transferred between unaffiliated cultivation facilities, the contract price for such transfer is used to calculate the tax, provided that all of the following conditions are met: The retail marijuana was first transferred by a cultivation facility to an unaffiliated cultivation facility. At the time of the first transfer, the retail marijuana had been harvested for sale at a retail marijuana store or for extraction by a retail marijuana product manufacturing facility. A contract price was established for the first transfer between unaffiliated retail marijuana cultivation facilities at the time of the transfer. The retail marijuana underwent no further cultivation following the first transfer between unaffiliated retail marijuana cultivation facilities. The retail marijuana was subsequently transferred to a retail marijuana store for retail sale or to a retail marijuana product manufacturing facility for extraction. Example: Cultivation Facility A and Cultivation Facility B are not affiliated. Retail Marijuana Store B is affiliated with Cultivation Facility B. Cultivation Facility A cultivates and harvests marijuana for sale at a retail marijuana store. Cultivation Facility A transfers the harvested marijuana to Cultivation Facility B with an established contract price of $1,000. Cultivation Facility B repackages the marijuana for retail sale and transfers it to Retail Marijuana Store B. The retail marijuana undergoes no further cultivation after the initial transfer from Cultivation Facility A to Cultivation Facility B. The tax is imposed on the transfer from Cultivation Facility B to Retail Marijuana Store B. Because Cultivation Facility B and Retail Marijuana Store B are affiliated, the tax would normally be calculated based upon the average market rate (AMR). However, because all of the above listed conditions are met, the tax is instead calculated as 15% of the contract price for the transfer from Cultivation Facility A to Cultivation Facility B. Cultivation Facility B is liable for the tax. Page 2of5 (01/19) DOR COLORADO CO Department ofl Revenue Taxation Division Average market rate (AMR) The Department determines and publishes the average market rate used for the calculation of marijuana excise tax and updates these rates on a quarterly basis. The Department publishes separate rates for the following categories of retail marijuana: bud trim bud allocated for extraction trim allocated for extraction immature plants wet whole plants seeds The various rate categories are defined in Department Regulation 39-28.8-101, 1 CCR 201-18. The current rates can be found online at: colorado.gov/pacifit/tax/mar/uona-taxes-fle. In order to calculate the tax using the average market rate, the weight of the marijuana sold or transferred must be multiplied by the average market rate and the result must be multiplied by 15%. For example, if the average market rate for trim is $499 per pound and a cultivation facility sells 15 pounds of trim to an affiliated party, the cultivation facility must multiply the 15 pounds of trim sold times $499 per pound to calculate the total $7,485 average market rate for the sale. The excise tax is 15% of the $7,485 calculated average market rate for the sale, or a total of $1,123 tax due. If multiple categories of retail marijuana are included in the transfer, the excise tax must be calculated separately for each category of retail marijuana included in the transfer. The following sections provide information about special rules that apply to certain AMR categories. Bud and trim allocated for extraction Any marijuana categorized as bud allocated for extraction or trim allocated for extraction for the purpose of calculating the excise tax may not be subsequently transferred for direct sale to consumers unless it has first been subject to the extraction process. If any such bud or trim is subsequently transferred for direct sale to consumers and has not been subjected to extraction, the retail marijuana cultivation facility must amend the return upon which the tax was initially paid in order to recalculate the tax, and any applicable penalty and interest, using the average market rates for the applicable categories of bud or trim. If a retail marijuana product manufacturing facility transfers any bud or trim that has been allocated for extraction without first subjecting it to extraction, such facility must notify the cultivation facility, in writing, within seven days. Page 30 of5 (01/19) CDOR COLORADO CO Department of Revenue Taxation Division Wet whole plant The excise tax for the category wet whole plants is calculated on the total weight of the entire wet whole plant. The weight of the entire wet whole plant is subject to the excise tax because the average market rate for wet whole plant already reflects an allowance for water weight and waste. The wet whole plant may not undergo any further processing (i.e., drying the plant and subsequently selling separately the bud and trim) prior to being weighed when the excise tax is calculated using the wet whole plant category. The wet whole plant must be harvested and packaged in the same day. Any marijuana categorized as wet whole plant for excise tax purposes must be weighed within 2 hours of the plant being harvested and without any further processing, including any artificial drying such as increasing the ambient temperature of the room or any other form of drying, curing, or trimming. The tax must be calculated and paid on the total wet whole plant weight. If the wet whole plant is not weighed within 2 hours of being harvested or is subjected to further processing before being weighed, the excise tax on such plant cannot be calculated with the average market rate for wet whole plant and must instead be calculated with the average market rate(s) for bud, trim, bud allocated for extraction, and/or trim allocated for extraction, as applicable. Marijuana concentrate produced by a retail marijuana cultivation facility If a retail marijuana cultivation facility produces marijuana concentrate from marijuana it cultivates and the marijuana is subject to taxation based upon the average market rate, the excise tax for the concentrate must be calculated on the basis of the bud allocated for extraction, trim allocated for extraction, and/or wet whole plant used in the production of the concentrate. LICENSING, FILING, AND RECORDKEEPING REQUIREMENTS Every retail cultivation facility must apply for a sales tax license and file excise tax returns with the Department. These requirements are in addition to any licensing requirements administered by the Marijuana Enforcement Division of the Department. Each cultivation facility must file monthly returns to report and remit the excise tax due. Licensing requirements A retail marijuana cultivation facility must obtain and maintain either a sales tax license or a wholesale tax license. If the owner of the cultivation facility owns and operates a retail marijuana store at the same location and has already obtained a retail sales tax license for the store, no additional sales tax license is required for the cultivation facility. A cultivation facility owner that does not already have a sales tax license must apply for either a retail sales tax license or a wholesale license. Application may be made with Form CR 0100AP "Colorado Sales Tax Withholding Account Application" or online at oppsclorodagovopaibesidelincez.him. Filing requirements Every retail marijuana cultivation facility must file a return by the 20th day of each month to report and remit the excise tax due for the unprocessed retail marijuana sold or transferred during the preceding month. A return must be filed for each month, even if the cultivation facility did not sell or transfer any unprocessed marijuana during the month. Marijuana excise tax returns must be filed electronically at dlordogwReenuonine If a cultivation facility does not file a required marijuana excise tax return by the applicable due date, penalty and interest will be due. See FYI General 11 for information about penalty and interest imposed for late filing. Page 4 of 5 (01/19) CDOR COLORADO CO Department of Revenue Taxation Division Recordkeeping requirements In addition to any books, accounts, or records necessary to determine the correct amount of tax, every retail marijuana cultivation facility must maintain complete and accurate electronic records, including itemized invoices of all retail marijuana grown, held, shipped, or otherwise transported or sold. Such records must include the names and addresses of all retail marijuana stores, manufacturing facilities, or other cultivation facilities to which the taxpayer has sold or transferred any unprocessed retail marijuana, including any such stores or facilities the taxpayer owns. The records maintained by the taxpayer must also include the inventory of all unprocessed retail marijuana on hand and all pertinent papers and documents relating to the sale or transfer of unprocessed retail marijuana. The taxpayer must maintain records for a minimum of three years and provide such records to the Department upon request. For each transfer that is subject to the excise tax, both the retail marijuana cultivation facility and the purchaser or transferee must maintain documentation sufficient to determine the amount of tax due for the transfer. Such documentation must include all of the following: the name and license number of the retail marijuana cultivation facility the name and license number of first purchaser or transferee the category of retail marijuana transferred the date of transfer the weight of the retail marijuana transferred the contract price for the transfer, if applicable ADDITIONAL RESOURCES Colorado statutes and regulations o Colo. Const. Art. XVIII, Section 16. Personal use and regulation of marijuana. SS 39-28.8-301 through 308, C.R.S. Retail marijuana excise tax. Dept. Regs. 1 CCR 201-18, 39-28.8-101, 302, 303, 304, and 308 Colorado forms, publications, and guidance FYI Sales 93 - Sales Tax on Marijuana Colorado Sales Tax Withholding Account Application (CR 0100AP) Publication of average market rates: oloradegwpedfie/tormerlume.toxslle dlordogoReenconine for the electronic filing of returns Colorado.gov/Tax for additional information regarding marijuana taxes Other resources Marijuana Enforcement Division: colorado.gov/pacficlemforement/marluonoenforcement Marijuana Inventory Tracking System (Metrc): metrc.com FYIs represent a good faith effort to provide general information concerning a variety of Colorado tax topics in simple and straightforward language. By their nature, however, FYls cannot and do not address all taxpayer situations nor do they provide a comprehensive overview of Colorado's tax laws. For this reason, FYls are not binding on the Colorado Department of Revenue, nor do they replace, alter, or supersede Colorado law and regulations. A taxpayer seeking additional guidance regarding the tax consequences of a particular transaction or factual scenario can request a Private Letter Ruling (PLR) or General Information Letter (GIL). Requests for PLRS and GILS must comply with certain requirements, which are currently set forth at 1 Code of Colorado Regulations 201-1, Regulation 24-35-103.5. PLRS are binding upon the Department only with respect to the specific taxpayer that requested the PLR. GILs are fori informational purposes only and are not binding on the Department. Page! 5 of5 (01/19) Excise Tax Late Fee Calculator Fee Months Charged Total Fee For Missed Months $ 50.00 12 $ 600.00 $ 50.00 11 $ 550.00 $ 50.00 10 $ 500.00 $ 50.00 9 $ 450.00 $ 50.00 8 $ 400.00 $ 50.00 7 $ 350.00 $ 50.00 6 $ 300.00 $ 50.00 5 $ 250.00 $ 50.00 4 $ 200.00 $ 50.00 3 $ 150.00 $ 50.00 2 $ 100.00 $ 50.00 1 $ 50.00 Total Fees for 12 Missed Months $ 3,900.00 20 Licenses Don't File $ 78,000.00 n - ui . TOWN OF MOFFAT TOWN HALL BOARD OF TRUSTEES 401 LINCOLN AVE, MOFFAT, COLORADO BOARD OF TRUSTEES SPECIAL MEETING November 8, 2022 - 7:00pm 1. CALL TO ORDER Mayor Foxx call the meeting to order at 7:01 pm 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Mayor Cassandra Foxx - Here Trustee Jason Lewis - Here Trustee Ken Skoglund - Here Trustee Rico Ellis - Here Trustee Tyler Berger - Here Trustee Jon Lopez - Here Trustee Ali Lopez. - Here Town Attomey Seth Walker - Here Town Clerk Nina Mageee - Absent 4. APPROVAL OF AGENDA a. Approval of Agenda motion to the agenda. Mr. Lopez seconded the Mr. Ellis makes the approve motion. All approve. b. Approval of Paying Bills of the bills. Mr. Lopez seconded the Mr. Ellis made the motion to approve paying motion. All approve C. Approval of Minutes Tabled 5. PUBLIC COMMENT Public comment is intended for members of the public wishing to address the Board of Trustees about matters that are not listed for discussion on the agenda. All speakers must stay on topic and to state their as and as possible. Each speaker is limited to a are encouraged point Comments briefly be clearly taken under advisement by the Board, but no maximum of three (3) minutes. will of the At its decisions will be made Board and staff are here to listen during this segment meeting. discretion, the Board may elect to place a matter raised under public comment on a future agenda for further discussion and possible action. Personal attacks, whether directed at members of Town Board, Town staff or fellow citizens must be avoided. None 6. CLERK & ATTORNEY REPORTS a. Attorney's Mr. Walker Report informs the Board that he has an agreement with VS Strategies. He will have the signèd copy for the next meeting. There is à meeting that Ms. Foxx and he will attend via zoom with VS Strategies on Thursday November 10, 2022. Mr. Walker informs the Board that he has been doing some research for the building codes. b. Clerk's Réport 7. TRUSTEE & MAYOR REPORTS a. Mayor's Report Ms. Foxx brung up the topic of the meeting schedule to be on the first two weeks of each month. Mr. Berger made the motion to change the meeting schedule. Mr. Lopez second, the motion. All approve b. Trustee's Report Mr. Lopez informs the Board that he has spoken to Mr. about the GeoThermal Mr. Lewis said he has done some research on putting cameras in the park. He has reached out to Ceiloin règards to this project. 8. OLD BUSINESS a. Nuisance Code Review The Board went over the nuisance code. b. Park Maintenance Mr. Berger and Mr. Lopez is working on the maintenance. Mr. Bergeri is taking on the basketball court fixing the basketball hoop. C Excise Tax % Ordinance No. 2021-2 and 2021-5 Mrs. Lopez. makes a motion to change the excise tax to 2 % paid tothe Town of Moffat. Mr Berger secondsthe motion. All approve Mr. Skoglund informsthe Board that there should be areclamation bond put iny place justin case. the Town hastos go clean upa property overArea 420it was covered with. 9. NEW BUSINESS a. Clerk pay Bi-weekly Mr. Skoglund makes à motion to pay the Clerk Bi-weekly. Mr. Berger second the motion. All approve 10. EXECUTIVE SESSION (IF NECESSARY) None needed 11. ADJOURN Mr. Ellis makes the motion to adjourn the meeting. Mr. Skoglund second the motion. All approve "TTTIIIIIITT Statel Ballot Measures Medidas de la boleta electoral estatales Proposition II (STATUTORY) Withoutr traising taxes, may thes state retaina and spendr revenues from taxes ond cigarettes, tobacco, and other nicotine products andmaintain taxi rates on cigarettes, tobacco, and othern nicotine products and use these revenues toi invest twenty-t -threer milions six hundredf fiflyt thousand dollars to enhance they voluntary Coloradop preschoolp program andmakei it widelya available for free instead ofr reducing these tax rates andrefundingr revenues to cigareite wholesalers, tobacco product distributors, nicotinep products distributors, and other taxpayers, fore exceeding an estimatei includedint the ballot informationt bookletf forp proposition EE? Propuestal II ESTATUTARIA) Sin aumentar losi impuestos, spuede ele estador retenery y gastar los ingresos de los impuestos sobre cigarillos, tabacoy otrosp productos de nicotinay y mantener lasi tasasi impositivas sobre los cigarrillos, elt tabacoy y otros productos de nicotinay usar estos ingresosa al fin dei invertir veintitrés milloness seiscientos cincuenta mil dolares parar mejorar elprograma preescolar voluntario de Coloradoy y hacerloa ampliamente disponble de forma gratuita en! lugar de reducire estas tasas impositivasyn reembolsar losi ingresosa al losr mayoristas dec cigarrillos, a los distribuidores de productos de tabaco, distribuidores dey productos de nicotinay y otros contribuyentes, pore exceder una estimacion incluida en el folleto de informaciono de lat boleta estatalp para la Propuesta EE? YES/FOR SI/EN FAVOR DE NO/AGAINST - NO/EN CONTRA DE Municipal Ballot Measures Municipal Ballot Measures Medidads de la boleta electoral municipales Medidads de la boleta electoral municipales Town of Moffat Ballot Issue 2A Lowering Town of Moffat Ballot Question 2B. - Marijuana Excise Rate Removal of Term Limits for Elected Officials < SHALL THET TOWN OF MOFFAT REVISE THE Shall the term limitsi imposedby Colorado Constitution Article IMPOSITION OF EXCISE TAX ON1 THE SALE OF XVII, Section 11 (1), whichl limitt the number of consecutive MARIJUANAAND! MARIJUANA! PRODUCTS (AS SUCH terms ane electedg goverment officialr may! hold office, be ARE AUTHORIZEDI BY STATE LAW, WITH THE eliminated in the Towno ofl Moffat pursuantt to Colorado EXCEPTION OF MEDICAL MARIJUANAANDI PRODUCTS Constitution Article XVII, Section 11 (2)? RELATED THERETO), COMMENCING JANUARY 1, 2024 TOARATE OF TWO PERCENT (2%) OF THE PRICE PAID Ciudad de Moffat pregunta electoral 2B. . BYT THE PURCHASER, WHICH TAXREVENUES SHALL Eliminacion de limites de mandato para BE EXPENDEDF FOR, BUTI NOT LIMITED TO: CAPITAL funcionarios electos IMPROVEMENTS, MUNICIPAL PROJECTS, ANDI LAW Dec conformidad con el Articulo XVII, Seccion 11 (2), del la ENFORCEMENT, AND SHALL1 THE TOWNI BE PERMITTED Consitucion de Colorado, sec debee eliminare ene el pueblo de TO COLLECT, RETAIN, AND SPEND THE REVENUES Moffate el limite de mandatos impuesto or el Articulo) XVII, FROMS SUCHTAX, INCLUDING ALLI INTEREST DERIVED Seccion 11 (1), del la Constitucion de Colorado, que limita el THEREFROM, WITHOUT REGARD TO THE REVENUE numero der mandatos consecutivos que unt funcionario electo RAISING, DEBT LIMITATION, OROTHERI RESTRICTIONS del gobierno puede ocupare el cargo? OF ARTICLE X, SECTION: 20 OF THE COLORADO CONSTITUTION ORANY OTHERI LAW? YES/FOR SIEN FAVOR DE Ciudad de Moffat problema en lal boleta 2A NO/AGAINST NO/EN CONTRA DE Reduccion la tasa de impueso especial sobre la marihuana EDEBERA ELI PUEBLODEI MOFFAT AJUSTAR LA IMPOSICIOND DELI IMPUESTO ESPECIAL SOBREL LA VENTADEI MARIHUANA YPRODUCTOS! DEI MARIHUANA (COMO TALESE ESTAN AUTORIZADOS PORL LALEY ESTATAL, CONI LAI EXCEPCIONDEI LAI MARIHUANA MEDICINAL YF PRODUCTOS RELACIONADOS CONLA MISMA), AI PARTIRD DEL 1DEE ENERODE: 2024 AUNA TASAD DELI DOSI POR CIENTO (29 %) DEL PRECIO PAGADO PORE EL COMPRADOR, CUYOS INGRESOS FISCALES SE DESTINARAN Al MEJORAS DE CAPITAL, PROYECTOS MUNICIPALES YFUERZAS POLICIALES, ENTRE OTROS, Y SE PERMITIRA QUE ELI PUEBLO RECAUDE, RETENGAYGASTE LOS INGRESOS DE DICHO IMPUESTO, INCLUIDOS TODOS LOS INTERESES DERIVADOS DEL MISMO, SIN TENER EN CUENTAL LAS CONDICIONESAI RECAUDACIONI DE INGRESOS, LIMITACIONI DE DEUDAU OTRAS RESTRICCIONES DEL ARTICULOX, SECCION 201 DE LA CONSTITUCIONI DE COLORADO 0 CUALQUIER OTRALEY? YES/FOR - SI/EN FAVOR DE NOIAGAINST. - NAEN CONTDA nE or: Election Summary Report Official Results Coordinated Election Saguache November 07, 2023 Summary Report for: All Contests, All Districts, All Tabulators ters Cast: 1,865 of 4,926 (37.86%) District JT Director - District C (Vote for 1) enter Consolidated School 26 Total nes Cast 468/1 1,411 33.17% idervotes 112 rervotes 0 ndidate Party Total mberlee Anne Duran 356 ital Votes 356 Total tresolved Write-In School District 26 JT Director - District Member At Large 'enter Consolidated Vote for 2) Total mes Cast 468/1,411 33.17% ndervotes 318 vervotes andidate Party Total oyd M. Garcia 303 chard. J. Barela 146 larisa Renee Aguilar 90 ablo M. Lopez 79 otal Votes 618 Total inresolved Write In 0 Watershed School District - Board of Directors (Vote for 3) Gunnison Total 57/121 47.11% Times Cast Jndervotes 24 0 Overvotes Candidate Party Total Cori Leanne Dobson 31 lody Coleman 18 35 Greg Kruthaupt Mark VanderVeer 15 Lisa A. Henry 27 Anne Brookhart 21 Total Votes 147 Total Unresolved Write In Proposition HH (Statutory) (Vote for 1) Total Times Cast 1,831 / 4,926 37.17% Undervotes 72 2 Overvotes Candidate Party Total Ves/For 774 983 No/Against Total Votes 1,757 Total Unresolved" Write-in 0 Proposition II (Statutory) (Vote for 1) Total Times Cast 1,831/4,926 37.17% Undervotes 57 Overvotes 0 Candidate Party Total Yes/For 1,098 676 No/Against Total Votes 1,774 Total Unresolved Write In 0 'own of Moffat Balllot Issue 2A - Lowering Marijuana Excise Rate (Vote for 1) Total mes Cast 31/88 35.23% ndervotes vervotes andidate Party Total s/For 10 o/Against 21 stai Votes 31 Total nresolved Write- In 0 Town of Moffat Ballot Question 2B - Removal ofTerm Limits for Elected Officials (Vote for 1) Total mes Cast 31/88 35.23% ndervotes vervotes andidate Party Total es/For 10 lo/Against 20 otal Votes 30 Total inresolved Write In 0 for Center Fire Protection District Ballot Issue 7A - Mill Levy Increase (Vote 1) Total imes Cast 466/1,310 35.57% indervotes 15 vervotes andidate Party Total es/For 251 lo/Against 200 otal Votes 451 Total Jnresolved' Write-in 0 8/14/2019 2:05 PM Trish Gilbert Clerk 388536 R$28.00 D$0.00 Saguache County 1of4 TOWN OF MOFFAT, COLORADO Ordinance NO. 2019-16 ORDINANCE ESTABLISHING EXÇISE TAX PROCEDURES & PENALTIES AN FOR THE TOWN OF MOFFAT, COLORADO. Moffat, Colorado Ballot Issue 2C - The Creation of a WHEREAS, the Town of passed 5% Marijuana Excise Tax in the November 6th, 2018 General Election; and Specific WHEREAS, the excise tax will be set on a tiered system of 2% the first year, 3% the second year, and 5% every year following the second year of business on all marijuana cultivations, facilities, manufactured infused product grows & commercial facilities; and WHEREAS, the Town of Moffat shall expend funds received from Excise tax revenue solely on funding for Town of Moffat public safety and/or for failing or obsolete equipment; and WHEREAS, the Town of Moffat has created and implemented procedures and penalties as shown in Sections A through E of this for the Excise Tax Reporting process Ordinance; Be it hereby ordained by the Board of Trustees of the Town of Moffat, NOW THEREFORE, Colorado: Section A: Imposition of Excise Tax Rate 1.) That the Town of Moffat shall be authorized to collect and spend such revenues as a voter approved revenue change notwithstanding any revenue or expenditure limitations contained in Article X, Section 20 of the Colorado Constitution or by other law. collected an excise tax of 2% the first year, 3% 2.) There is levied and shall be paid and the second year, and 5% thereafter on the average market rate of unprocessed marijuana that is sold or transferred from a commercial marijuana facility, cultivation, or otherwise on the 20h of each month effective immediately. Section B: Procedures 1.) Excise Tax Reporting forms will be sent at the end of each month for the following month. Excise Tax Reporting forms will be due by the 20th of each month for the prior month's sales, If the 20th of the month lands on a Sunday or holiday in which the 3000J0 388536 8/14/20191 2:05 PM Trish Gilbert County Clerk 2of4 R$28.00 D$0.00 Saguache Town Hall is closed, forms and payment will need to be returned by the next available business day. filed month regardless of whether or not the 2.) Excise Tax Forms will need to be every the month, business owes the Town taxes, whether or not sales were generated for or whether or not the business is infull operation. form 3.) Excise Tax Forms are updated monthly, therefore you cannot use the same Tax months due to in market rates. Excise Tax Forms will be mailed to as prior changes the address the Town has on file from your business license application. 4.) Excise Tax Forms will only be accepted by in person delivery, mail, or fax. Payments delivery. Electronic delivery such as email will can only be made by mail orin person not be accepted due to security purposes. Form must 5.) A copy of the business' Colorado Department of Revenue Reporting accompany the local Excise Tax Reporting Form. Form is filled out, the 6.) If the "Contract Price" section of the Excise Tax Reporting business must providea copy of the contract dated prior to the sale. 7.) If an individual or entity has more than one business within the Town of Moffat, a reporting form will need to be filled out for all marijuana cultivation or MIP facility businesses. If a business operates both a cultivation and marijuana infused product facility, an excise tax reporting form will need to be filled out for both operations. 8.) Business owners must certify on their Excise Tax Form that the information reported on the reporting form is true and correct, and agree to promptly submit an amended and to reimburse the Town for all costs and return if any errors are discovered, agree amounts and otherwise enforcing its attorney's fees in recovering any under reported excise tax. Section C: Penalty for Violation and/or the tax return is filed after the 1.) Per the Excise Tax Reporting Form, if payment amount of tax owed to the Town. due date a 10% penalty will be assessed on the 2.) For each month the payment and/or return is late, a 25% interest will accrue on the excise tax amount and/or due. form is late, an email will be sent to the business 3.) If the payment reporting deadline. After a week of the deadline, a late stating that the business is late on their notice will be mailed and a phone call made to the owner on file. 4.) Each business will have sixty (60) days to pay their past due excise tax, at which point their water tap will be shut off. The business will then be added to the next available Town of Moffat Board Meeting agenda to discuss termination of the business's local license, and the Colorado Marijuana Enforcement Division will be notified. Within the sixty (60) day late period, the business owner may request a public hearing with the Moffat Board of Trustees to present a proposal for payment to be considered by the Town of Moffat. If the Board finds the proposal sufficient, an extension will be applied to the business to allow for a payment plan no longer than ninety (90) days from the Board's approval at the Public Hearing - If the Board finds the proposal insufficient, or the business does not apply for a public hearing, the Board may make a motion to temporarily or permanently terminate the local business license for such entity, at which time the MED will be notified. a check remitted to the Town for payment of tax, 5.) The Town may impose a penalty for funds, a closed account, or but that is returned to the Town unpaid due to insufficient a Failure stop payment to order. cause, the Town to charge the local business with the following: 6.) pay may JOUVVV 388536 8/14/2019 2:05 PM Trish Gilbert Clerk Bof4 R$28.00 D$0.00 Saguache County Fraud with intent to evade tax without intent to Negligence or intentional disregard of rules and regulations, defraud. Making retail sales without a valid license. Section D. Repeal all Ordinances or parts of Ordinances of the Town of Moffat 1.) Any and existing of this Ordinance are hereby repealed; provided, inconsistent with the provisions the or punishment however, that such repeal shall not affect or prevent prosecution Ordinance hereby of any person for any act done or committed in violation of any repealed prior to the taking effect of this Ordinance. Section E. Severability section, subsection, sentence, clause or phrase of this Ordinance adopted 1.) If any reason, held to be invalid or unconstitutional, such decision shall herein is, for any of the remaining portions of this Ordinance. not affect the validity or constitutionality that it would have adopted this Ordinance, and The Town of Moffat hereby declares of the fact each section, subsection, sentence, clause or phrase thereof, irrespective thereof that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional, instructed to record this Ordinance in the office of the Saguache The Town Clerk is hereby County Clerk and Recorder after such Ordinance is published. INTRODUCED AND READ IN FULL this 2nd day of July, 2019; DONE and SIGNED this 6th day of August, 2019. PaticRigel Patricia Reigel, Mayor *388536" 8/14/20192:051 PM Trish Gilbert 388536 R$28.00 DS0.00 Saguache County Clerk 4of4 ATTEST: - A 38 S. - 1911 - OLO Sarah Van Horn, Town Clerk ÇERTIFICATION that the above Ordinance was introduced, read in full on July 2, 2019, and read I hereby certify and at the regular meeting of the Board of Trustees of the Town of in full, approved, adopted Moffat, Colorado on the 6h day of August, 2019 and published by posting on the designated locations in the Town of Moffat on June 25, 2019 and July 30, 2019. Grammy's Kitchen, Moffat US Post Office, Moffat Town Hall, Moffat Sarah Van Horn, Town Clerk 394703 10/7/2021 9:49 AM Trish Gilbert lof12 R$68.00 D$0.00 Saguache County C TOWIN OF MOFFAT, COLORADO ORDINANCE NO. 2021-05 AN ORDINANCE AMENDING ORDINANCE 2021-02. AND THE FRAMEWORK FOR REGULATED MARIJUANA IN THE TOWN OF MOFFAT Section 1 - Purpose and Legislative Intent. The purpose oft this Ordinance is to exerçise the authority oft the Town of Moffat to allow State-licensed Regulated Marijuana Businesses to operate in the Town in accordance with applicable State laws and regulations as well as the additional local licensing requirements as set forth herein. Section 2 - Local Licensing Authority. (A) The Office of the Town Clerk is hereby designated as the Local Licensing Authority for the Town of Moffat with respect to Regulared Marijuana Businesses. (B) The Office of the Town Clerk is authorized to delegate responsibilities of the Local Licensing Authority to the Office ofthe Town Attorney. (C) The Local Licensing Authority shall have the power to determine the qualifications of Applicants and Licensees and to determine whether Regulated Marijuana Business Licenses should be issued, denied, renewed, suspended, fined, revoked, or modified, pursuant to the procedures and standards set forth by the Colorado Marijuana Code, the Colorado Marijuana Rules and this Ordinance. (D) The Local Licensing Authority shall notify the State Licensing Authority of any Licenses that are issued, denied, renewed, suspended, fined, revoked, or expired, including any required written findings. Section 3 - Relationship to Colorado Marijuana Code. (A) Except as otherwise specifiçally provided herein, this Ordinance incorporates the requirements set forth in the Colorado Marijuana Code and the Colorado Marijuana Rules. (B) In the event of a conflict of laws, the more restrictive provision shall control. (C) Compliance with any applicable State law or regulation shall be deemed an additional requirement for issuance, denial or suspension or any License under this Ordinance. (D) Non-compliance with any applicable State law or regulation shall be grounds for revocation or suspension of any Regulated Marijuana Business License issued by the Local Licensing Authority. Section 4 - Definitions. Except as provided below, the definitions set forth in subsection 16(2) of article XVIII of the Colorado Constitution, section 44-10-103 ofthe Colorado Revised Statutes, and section 1-115 of the Colorado Marijuana Rules shall be incorporated into this Ordinance. In addition, the following terms shall have the meanings respectively assigned to them: (1) "Applican" means any person applying for a Regulated Marijuana Business License. 394703 10/7/2021 9:49 AM Trish Gilbert 2of12 R$68.00 D$0.00 Saguache County ( (2) "Colorado Marijuana Code means Article 10 of Title 44 of the Colorado Revised Statutes, as amended. (3) "Colorado Marijuana Rules" means the rules promulgated by the Colorado Department of Revênue Marijuana Enforcement Division, as amended. (4) "License" means the license, permit, or registration granted pursuant to the Colorado Marijuana Code,the Colorado Marijuana Rules, or this Ordinance. (5) "Licensed Prémises' means the premises specified in an application for a License pursuant to the Colorado Marijuana Code, the Colorado Marijuana Rules, or this Ordinance, that are owned or in possession of the Licensee and within which the Licensee is authorized to çultivate, manufacture, distribute, sell, store, transport, test or allow the use or consumption of Marijuana or Marijuana Products, in accordance with appliçable provisions. (6) "Licensee" means any person licensed, registered, or permitted pursuant to the Marijuana Code, the Colorado Marijuana Rules, or this Ordinance. (7) "Location" méans a particular parcel of land that may be identified by an address or other descriptive méans. (8) "Marijuana" means both Medical Marijuana and Retail Marijuana but does not encompass hemp orhemp-derived products. (9) "Marijuana Product means a product that is comprised of marijuana infused with other ingredients that is intended for use or consumption other than by smoking inciuding, but not limited to, edible product, ointments, and tinctures. (10) "Ofice oft the Town. Artorey" or TownAttorney" means an attorney-at-law licensed to practiçe in the state of Colorado hired by the Town to represent its interests. (11) "Office of the Town Clerk," "Town Clerk" or "Clerk" means the clerk of the Town of Moffat who is the custodian of the official records of the Town, or any person designated by the clerk to exercise any of his or her powers, duties, or functions. (12) "Park" means à Federal, State, County or Municipal-owned land that is open to the public for purposes of recreational activities. (13) "Post Office" means the United States Postal Service (USPS) building, with the USPS being an independent agency of the executive branch of the United States federal goverriment responsible for providing postal service in the United States including its insular areas and associated states. (14) "Regulated Marijuana Businesses" means any licensed Medical Marijuana Businesses and Retail Marijuana Businesses. (15) "School or Childcare Establishment" means any public or private school providing instruction to students in kindergarten through grade twelve. Any public or priyate schools or preschools that provide preparatory schooling for children of any age younger than the state age of mandatory attendance, or any commercial childcare establishmént that is licensed by the State as such. (16) "Smoking" shall have the same meaning as set forth in 25-14-203, C.R.S., as amended. 394703 10/7/2021 9:49 AM Trish Gilbert 3of12 R$68.00 D$0.00 Saguache County CI (17) "State Licensing Authority" means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, sale, transportation, consumption, and testing of Regulated Marijuana in Colorado, pursuant to section 44-10-201, C.R.S. (18) "State or local law enforcement agency" means: () the Colorado State Patrol created pursuant to section 24-33.5-201 C.R.S.; (ii) the Colorado Bureau of Investigation created pursuant to section 24-33.5-401 C.R.S.; (ii) a county sheriffs office; (iv) a municipal poliçe department; (v) a municipal fire department; (vi) the Division of Parks and Wildife within the Department ofNatural Resources created pursuant to section 24-1-124 C.R.S; or (vii) a town marshal's office. (19) "Town" means the Town of Moffat defined by its boundaries and local government. Section 5 - Unlawful Acts. (A) It shall be unlawful for any person to operate a Regulated Marijuana Business in the Town without a valid License issued by the State Licensing Authority. (B) It shall be unlawful for any person to operate any Regulated Marijuana Business in the Town without a valid License issued by the Local Licensing Authority. (C) It shall be unlawful for any person to engage in any form of business or commerce involving the cultivation, processing, manufacturing, storage, sale, distribution, transportation or consumption of Marijuana and Marijuana Products other than those forms of businesses and commerce that are expressly contemplated by section 16 of Artiçle XVIII of the Colorado Constitution or those set forth by Colorado Marijuana Code and the Colorado Marijuana Rules. (D) It shall be unlawful for any pèrson to sell Marijuana or Marijuana Products at a Medical Marijuana Store or at a Retail Marijuana Store at any time other than between the hours of 8:00 a.m. and 12:00 a.m. daily. Section 6 - Authorized Classes of Licenses. (A) Fort the purposes of regulating the cultivation, processing, manufacturing, storage, sale, transfer, transportation and consumption of Marijuana and Marijuana Products, the Town hereby authorizes issuançe oft the following classes of licenses: (1) Medical marijuana store license; (2) Medical marijuana cultivation facility license;, (3) Medical marijuana products manufacturer license; (4) Medical marijuana transporter license; (5) Retail marijuana store license; (6) Retail marijuana cultivation facility license; (7) Retail marijuana products manufacturer license; (8) Recreational marijuana transporter license; (9) Marijuana hospitality business license; (10) Retail marijuana hospitality and sales business license. (B) Licenses issued by the Town of Moffat shall grant the same privileges and impose the same restrictions as set forth in the Colorado Marijuana Code and the Colorado Marijuana Rules. 394703 10/7/2021 9:49 AM Trish Gilbert 4of12 R$68.00 D$0.00 Saguache County C Section 7 - Application for Marijuana Business Licenses. (A). An application for al Regulated Marijuana Business License shall be made to the Local Licensing Authority upon forms provided for that purpose. (B) At a minimum, the application shall require the following information: (1) A copy of the State application at the time ofs submission or within thirty (30) days from when the initial appliçation is received by the Local Licensing Authority. (2) Proof of ownership or legal possession of the Licensed Premises. If the Licensed Premises is leased, the application shall include written consent by the owner of the property to the licensing oft the premises as a Regulated Marijuana Business. (C) An application shall not be accépted unless it is filed on current forms and payment for all associated fees setf forth in Section 17 oft this Ordinance (Fees) are made. (D). An application shall be considered received on the day it is submitted to the Local Licensing Authority. (E) If an application received by the Local Licensing Authority is deemed incomplete or otherwise deficient, the Local Licensing Authority shall notify the Applicant and permit the Applicant thirty (30) days to amend the application to complete it or cure any deficiencies. If the applicant cannot complete the application or cure any deficiençies, the Local Licensing Authority shall deny the appliçation. The Local Licensing Authority shall deny an application if a copy of the application submitted to the State Licensing Authority is not received by the Local Licensing Authority within thirty (30) days of initial application date. (F) The Local Licensing Authority shall review all applications for compliance with this Ordinance. Appliçations in compliance with this Ordinance shall be approved. Applications not in compliance with this Ordinance shall be denied. The Local Licensing Authority may issue a conditional license to Applicants that have not submitted a copy of their State application provided all other aspects oft the application are in compliance with this Ordinance. (G) A local License shall be valid for one (1) year from the date of issuance and may be renewed in accordance with Section 8 of this Ordinance (Renewals). (H) The Local Licensing Authority shall notify the State Licensing Authority of all decisions made on applications of Regulated Marijuana Businesses Licenses in accordance with the Colorado Marijuana Code and Colorado Marijuana Rules. Section 8 - Renewals. (A). Any License issued pursuant to this Ordinance shall be valid for a period of one (1) year from the date of issuançe. Any renewal of the License shall be governed by the standards and procedures set forth in the Colorado Marijuana Code, the Colorado Marijuana Rules, and this Ordinance. (1) The Local Licensing Authority shall process License renewals in the same manner as the State Licensing Authority administers renewals of state Licenses subject to any additional restrictions on renewal as provided in this Ordinance. (B) Upon payment of a renewal fee as set forth by Section 17 of this Ordinance (Fees), and completion of any required forms, any Licensee may apply to renew a License prior to the License expiration date. 394703 10/7/2021 9:49 AM Trish Gilbert 5of12 R$68.00 DS0.00 Saguache County C (1) A Licensee may apply for a renewal within ninety (90) days prior to the expiration date ofthe License. (2) A Licensee whose License has been expired for no more than thirty (30) days may file a late renewal application upon the payment of a late fee and renewal fee as set forth in Section 17 of this Ordinance (Fees) and in accordance with Section 2-225(D)(1) of the Colorado Marijuana Rules. (C) A Licensee may not operate with an expired License or exercise any of the privileges of the License. (1) The Local Licensing Authority may administratively continue a license if a renewal was submitted in a timely manner until a determination on the renewal application has been rendered. A Licensee whose license has been administratively continued may operate until a determination has been made on its renewal application. (2) A Retail Marijuana Cultivation Facility License or Mediçal Marijuana Cultivation Facility License that has an expired License but submitted a renewal within ninety (90) days from expiration shall be permitted to continue cultivating marijuana plants but may not transfer àny marijuana until a determination has been made on its renewal application. (D) The Local Licensing Authority shall notify the State Licensing Authority of all decisions made on renewals of Regulated Marijuana Businesses Licenses. Section 9 - Licensed Premises. (A) All Regulated Marijuana Business Licenses shall be issued for a specific Location, which may. be part of a building or address, that shall be considered the Licensed Premises. (B) A Licensee must maintain possession of its Licensed Premises at all times during licensure. Possession is a prerequisite of licensure and any loss of possession while licensed invalidates the License. (C) No Regulated Marijuana Business Liçenses shall be issued for the following locations: (1) Within 1,000 (one thousand) feet of any School or Childcare Establishment, Park or Post Office. Said distance shall be computed by direct measurement in a straight line from the nearest legal parcel lineofthel land used for a School, Childcare Establishment, Park, or Post Office to the nearest external portion of the building or the land use in which the Regulated Marijuana Business is to be located. (D) Medical marijuana store Licenses and retail marijuana store Licenses shall not be issued outside of either the Moffat Township of 1910 (original city limits) and the "Randall Addition" (hereunder referred to as "Section T) or at the AREA420 Addition (hereunder referred to as Section 2'). (1) - Section P is defined as: WEST 1/2 OF SECTION 5, THE EAST 1/2 OF SECTION 6, AND THE NORTH 1/2 OF SECTION 8, ALL IN TOWNSHIP 43 NORTH, RANGE 10 EAST, NEW MEXICO PRINCIPAL MERIDIAN, SAGUACHE COUNTY, COLORADO. (2) "Section 21 is defined as: Lots 9, 10, 11 and 12 OF BLOCK 23, TOWN OF MOFFAT, SAGUACHE COUNTY, COLORADO. 394703 10/7/2021 9:49. AM Trish Gilbert 6of12 R$68.00 D$0.00 Saguache County C (E) No medical marijuana cultivation facility license, medical marijuana products manufacturer license, retail marijuana cultivation facility license, or retail marijuana products manufacturer license shall be issued outside of the following permissible areas: (1) A tract of land situated in the Northwest 14 of Section 6, Township 43 North, Range 10 East, New Mexico Principal Meridian, Saguache County, Colorado, and more particularly described as follows: Beginning at the northeast corner of the herein described tract and also being the northeast Corner of Oklahoma Land and Colonization Company Tract 20, and from whence the north 1/4 Corner of said Section 6, being identical with the Northwest Corner of The Town of Moffat as shown on that plat filed in the Book of Plats at the Office of the Saguache County Clerk on June 27, 1910 bears N 03° 38 04" E a distance of 640.58 feet; Thencé S 03° 38' 04" W along the west line of the said Town of Moffat and the east line of said Oklahoma Land and Colonization Company Tracts 20, 29, 36, and 45 a distance of 1,324.34 feet to the southeast corner of said Tract 45 and the northeast corner of United States General Land Office Lot 9 as shown on the said USGLO Plat accepted by the Surveyor General 4,1875; Thence S 03° 38' 04" W along the said west line of the on August continuing Town of Moffat a distance of 1,992.12 feet to a point on the north Right-of-Way Line of Saguache County Road U 60; Thence N 53° 15' 52" W along said Saguache County Road U 60 a distance of3,127.52 feet to a point on the west Line of said Section 6, lying within the Right-pf-Way of Saguache County Road 59; Thence N 02° 20' 54" E along the said west line of Section 6 a distance of 154.68 feet to the northwest corner of USGLO Lot 10; Thençe S 89° 11 29"E along the north line of said USGLO Lot 10 a distance of 1,313.31 féet to the southwest corner of Tract 46 of said Oklahoma Land and Colonization Company Tracts; Thence N 02° 59' 28" E along the west line of said Oklahoma Land and Colonization Company Tracts 46, 35, 30 and 19 a distance of 1324.47 to the northwest corner ofsaid Tract 19; Thence S 89° 09' 28" E along the north line of said Tracts 19 and 20 a distance of 1,328.15 feet to the Point of Beginning. Said Tract containing 104.688 Acres, more or less. (2) The Southwest 1/4 of Section 31, Township 44 North, Range 10 East, New Mexico Principal Meridian, Saguache County, Colorado, more particularly described as follows: Beginning at the Southwest corner of said Section 31, thence N 01° 17' 26" E along the west line of said Section 31 a distance of 2605.41 feet to the West 1/4 corner of said Section 31; Thence S 89 31' 25" E along the east-west centerline of said Section 31 a distance of 2646.80 feet to the center of said Section 31; Thence S 00° 46' 22" W along the north-south centerline of said Section 31 a distance of2644.56 feet to the South 1/4 corner ofs said Section 31; Thence N 88° 40' 43" W along the south line of said Section 31 a distance of 2670.19 feet to the Southwest corner of said Section 31 and the Point of Beginning. Said Tract containing 160.198 Acres, more or less. (3) The Southeast 1/4 of Section 36, Township 44 North, Range 9 East, New Mexico Principal Meridian, Saguache County, Colorado, more particularly described as follows: Beginning at the Southeast corner of said Section 36, thence N 89° 08' 41" W along the south line of said Section 36 a distance of 2645.85 feet to the South 1/4 corner of said Section 36; Thence N 01922' 13" E along the north-south centerline of said Section 36 394703 10/7/2021 9:49 AM Trish Gilbert 7of12 R$68.00 D$0.00 Saguache County C a distance of 2629/47 feet to the center of said Section 36; Thence S 88° 37' 25" E along the east-west centerline of said Section 36 a distance of 2641.88 feet to the East 1/4 Section Thence S 01° 17' 07" W along the south line of said Section corner ofsaid 36; of to the Southeast corner of said Section 36 and the Point of 36 a distance 2605.41 feet Beginning. Said Tract contains 158.862 Acres, more or less. (4) Property that has previously been licensed for marijuana use by the Town that may have inadvertently been left out ofthe aforementioned legal description. (F) Notwithstanding subsection (E), no more than two (2) medical marijuana cultivation facility cultivation facility licenses may be issued within the licenses and two (2) retail marijuana Moffat Township of 1910 (original city limits) and the "Randall Addition." (G) No Marijuana Hospitality Business license or Retail Marijuana Hospitality and Sales Business License shall be issued for locations that are not compliant with this Section of the Ordinance. Liçense or Retail Marijuana Transporter License shall be (H) No Medical Marijuana Transporter issued for locations that are not compliant with this Section of the Ordinance. Section 10-Ownership. Business (A) A transfer of ownership or change in business structure for a Regulated Marijuana License shall be governed by the standards and procedures set forth in the Colorado Marijuana Code and the Colorado Marijuana Rules. shall of all submitted, or intended to be submitted, to (B) A Licensee provide a copy applications shall the State Licensing Authority for a transfer of ownership. The Local Licensing Authority provide an acknowledgerent, of receipt of the copy oft the application. A Licensee shall notify the Local Licensing Authority upon receipt of approval or denial ofi its (C) application for a transfer of ownership from the State Licensing Authority prior to completing any change in ownership Section 11 = Changes of Location, for of location for a Regulated Marijuana Business shall be made to the (A). An application change Local Licensing Authority upon forms provided for that purpose. (B) A Licensee shall not change location of its License without prior approval from the Local Licensing Authority. A Regulated Marijuana Business must apply for and receive approval from the State Licensing Authority before changing the location ofi its Liçensed Premises. (C) If the change of location is to a different location within the Town of Moffat, the Local Authority shallreview all applications for a change oflocation to determine whether Licensing the new location meets all zoning and other relevant requirements. Applications in compliance with this ordinance shall be approved; those not in compliance shall be denied. If the change of location is to ajurisdiction outside of the Town of Moffat, the Licensee must (D) where the obtain a license from the appropriate liçensing authority or loçal jurisdiction Licensee intends to locate. (1) The Licensee must provide the Local Licensing Authority a copy of the appliçation submitted to the State Licensing Authority. 394703 10/7/2021 9:49 AM Trish Gilbert 8 of 12 R$68.00 D$0.00 Saguache County (2) The Licensee must notify the Local Licensing Authority of any approval or denial by the State Licensing Authority of an application for a change of location to another jurisdiction. (3) The Licensee must notify the Local Licensing Authority of the date that Licenses Premises shall be moved and shall surrender its Moffat local License upon completion ofi its change of loçation, Section 12 - Modification of Premises, (A) After obtaining a License, à Licensee shall not make physical changes, alterations, or modifications of the Licensed Premises that materially or substantially alters the Licensed Premises or the usage oft the Licensed Premises from the originally approved plans without the State Licensing Authority's prior written approval. (B) A Licensee shall comply with the requirements of the Colorado Marijuana Code and section 2- 260 of the Colorado Marijuana Rules when modifying its premises. (C) A Licensee shall provide a copy of all applications submitted, or intended to be submitted, to the State Licensing Authority for a modification of premises. The Local Licensing Authority shall provide an acknowleagement of receipt of the copy of the application. (D) A Licensee shall notify the Loçal Licensing Authority upon receipt of approval or denial of its application for a modification of premises to the State Licensing Authority prior to making the changes to the Liçensed Premises proposed in its application. Section 13 - Operational Requirements. (A) A Licensee in the Town ofl Moffàt must çomply with the following requirements: (1) A Regulated Marijuana Business must comply with the Town's light pollution policy. (a) A medical marijuana cultivation facility, medical marijuana products manufacturer, retail marijuana cultivation facility, or retail marijuana products manufacturer shall have al light deprivation system. (b) Lighting coming from a medical marijuana cultivation facility, medical marijuana products manufacturer, retail marijuana cultivation facility, or retail marijuana products manufacturer shall be obstructed from the view of the highway and residential zones. (c) A medical marijuana cultivation facility, medical marijuana products mânufacturer, retail marijuana cultivation facility, or retail marijuana products mânufacturer shall comply with requirements oft the Colorado Marijuana Rules regarding motion and night lights in a manner that complies with lighting nuisance requirements. (2) Al Regulated Marijuana Businesses shall comply with the Town's noise pollution policy. (a) A medical marijuana cultivation facility, medical marijuana products manufacturer, retail marijuana cultivation facility, or retail marijuana products manufacturer shall have quiet generators or sound muffling structures around generators. (3) A Regulated Marijuana Businesses shall have regular trash services in addition to the requirements set forth in the Colorado Marijuana Rules on waste disposal. 394703 10/7/2021 9:49 AM Trish Gilbert 9of12 R$68.00 D$0.00 Saguache County C (a) All trash and other debris shall be secured to prevent littering, destruction of neighboring properties'and to protect the health and safety ofTown residents. (4) A Regulated Marijuana Business shall comply with all fire restrictions imposed by the Town or Moffat, Saguache County, the State ofColorado, and requirements set forth in the Colorado Marijuana Rules on waste disposal. (a) A Regulated Marijuana Business shall have at least one (1) operational fire extinguisher in the Licensed Premises at all times. (5) A medical marijuana cultivation facility, medical marijuana products manufacturer, retail marijuana qultivation façility, or retail marijuana products manufacturer shall have a septic system or septic vault installed at their location. (a) If installed on or after May 31, 2020, a septic system or septic vault shall be installed one hundred (100) feet from the water tap and twenty-five (25) feet from the water main. (6) A medical marijuana cultivation facility or a retail marijuana cultivation facility shall have a green mesh or netting material around its fencing in addition to the requirements set forth in the Colorado Marijuana Rules on security alarm systems and lock standards. (a) The fence shall be sufficient to ensure that the medical marijuana cultivation facility or the retail marijuana cultivation facility has low yisibility to the public from aj public place. (b) The fencing shall be sufficient to assist with lighting nuisances from the medical marijuana cultivation facility or retail marijuana cultivation facility. (c) The medical marijuana cultivation facility or retail marijuana cultivation facility shall ensure that the green mesh or netting material be maintained at all times and not be in disarray, falling off, or torn. (7) Persons working at a medical marijuana products manufacturer, or a retail marijuana products manufacturer m ust have a valid ServSafe Food Handler certificate obtained through the successful completion of an online or in person assessment. A copy of the certificate shall be maintained by the Licensee and presented upon request by the Local Licensing Authority or any other municipal, county or state public health official. (8). A Medical Marijuana Transporter License or Retail Marijuana Transporter License shall comply with the following provisions: (a) Medical and Retail Marijuana Transporter Licensees shall not possess unsealed packages or containers of cannabis on the licensed prémises. Medical and Retail Marijuana Transporter Licensees shall not open sealed packages or containers of cannabis. Medical and Retail Marijuana Transporter Licensees shall not re-package cannabis on the Licensed Premises. (b) Medical and Retail Marijuana Transporters that do not maintain a Licensed Premises within the Town shall not temporarily store cannabis or otherwise exercise any license privileges for which a licensed premises would be required. Section 14 - Licensed Hospitality Business. (A) Marijuana Hospitality Businesses and Retail Marijuana Hospitality and Sale Businesses are authorized in the Town ofMoffatand must comply with all local and state laws and regulations. 394703 10/7/2021 9:49 AM Trish Gilbert 10of12 R$68.00 DS0.00 Saguache County C (B) A local Marijuana Hospitality Businesses license may be issued to allow for the on-premises consumption of Marijuana and Marijuana Product at a fixed location and must comply with rules established by the Colorado Marijuana Code, the Colorado Marijuana Rules and this Ordinance. (1) A Marijuanà Hospitality Business licensee shall not sell, transfer, or distribute, with or without remuneration, pr allow the sale, transfer, or distribution, with or without remuneration, of Marijuana or Marijuana Products on the Licensed Premises. (2) A marijuana hospitality business licensee shall not allow any person under the age of twenty-one (21) on the licensed premises. (3) A Marijuana Hospitality Business licensee shall not engage in or allow any activity that would require an additional liçense including, but not limited to, planting growing, harvesting, storing, drying, trimming, processing, or manufacturing Marijuana, or Marijuana Products. Nothing in this section prohibits a Marijuana Hospitality Business from storing marijuana consumer waste on the licensed premises in compliance with state law. (4) A Marijuana Hospitality Business is allowed to operate between the hours of 8:00 a.m. and 2:00 a.m. daily. (5) A Marijuana Hospitality Business may allow smoking and vaping of Marijuana or Marijuana Products in indoor and outdoor portions oft the licensed premises. (6) A Marijuana Hospitality Business shall ensure that the display and consumption of any Marijuana or. Marijuana Product is not visible from outside of its Licensed Premises. A Marijuana Hospitality Business with outdoor areas shall ensure that all Marijuana is kept out of plain sight, is not visible from a public place without the use of optical aids, and that the consumption area is surrounded by a sight-obscuring wall, fence, hedge, or other opaque barrier, (C) A local Retail Marijuana Hospitality and Sales Business license may be issued to allow for the sale and on-premises consumption of Marijuana and Marijuana Product at a fixed location and must comply with rules established by the Colorado Marijuana Code, the Colorado Marijuana Rules and this Ordinance. (1) A Retail Marijuana Hospitality and Sales Business shall per mit the sale, transfer, distribution, use, oriconsumption of regulated marijuana between the hours of8:00 a.m. and 2 a.m. daily. assessment. (a) All transfers of Marijuana or Marijuana Product by a Retail Marijuana Hospitality and Sales Business to a consumer shall not exceed the following sales limit per person, per day: (i) More than two grams of Retail Marijuana Flower (ii) More than one-half of one gram of Retail Marijuana Concentrate or (iii) A Retail Marijuana Product containing more than 20 milligrams of active THÇ. For any transfer of Retail Marijuana Product containing more than 10 milligrams of active THC, the Retail Marijuana Product must be Transferred to a consumer in separate serving sizes containing no more than 10 milligrams of active THC per serving. 394703 10/7/2021 9:49. AM Trish Gilbert 11of12 R$68.00 D$0.00 Saguache County CI (b) A Retail Marijuana Hospitality and Sales Business shall not permit a consumer to leave the Licensed Premises with any unconsumed marijuana unless the Retail Marijuana Hospitality and Sales Business has ensured the unconsumed marijuana is packaged and labeled in accordance with Packaging and Labeling Réquirements. (2) A Retail Marijuana Hospitality and Sales Business licensee shall not allow any person under thelage of twenty-one (21) on the licensed premises. (3) A Retail Marijuana Hospitality and Sales Business licensee shall not engage in or allow any activity that would require an additional license including, but not limited to, planting, growing, harvesting, storing, drying, trimming, processing, or manufacturing Marijuana or Marijuana Products. Nothing in this section prohibits a Marijuana Hospitality Business from storing marijuana consumer waste on the licensed premises in compliance with state law. (4) A Retail Marijuana Hospitality and Sales Business is allowed to operate between the hours of 8:00 a.m. and 2:00 a.m. daily. (5) A Retail Marijuana Hospitality and Sales Business may allow smoking and vaping of Marijuana or Marijuana Products in indoor and outdoor portions of the licensed premises. (6) A Retail Marijuana Hospitality and Sales Business shall ensure that the display and consumption of any Marijuana or Marijuana Product is not visible from outside of its Licensed Premises. A Retail Marijuana Hospitality and Sales Business with outdoors areas shall ensure that all Marijuana is kept out of plain sight and is not visible from a public place without the use of optical aids and that the consumption area is surrounded by a sight-obscuring wall, fence, hedge, or other opaque barrier. Section 15 - Inspections. (A) Every Applicant, Licensee, or employee of the Regulated Marijuana Business shall permit the State Licensing Authority, any agent of the Local Licensing Authority, or anyone authorized to inspect pursuant to the Colorado Marijuana Code and the Colorado Marijuana Rules, to inspect the Licensed Premises during business hours to ensure compliance with the Colorado Marijuana Code, the Colorado Marijuana Rules, this Ordinance and any other applicable rules and regulations. (B) Any Regulated Marijuana Business may be required to demonstrate) upon demand by a State or Local Law Enforcement Agency, that the source and quantity of any marijuana found upon the licensed premises is in full compliance with any applicable state law or regulation. Section 16 - Disciplinary Action, Sanctions, and Penalties. (A). A Licensee shall notify the Local Licensing Authority of any disciplinary action taken against its license by the State Licensing Authority including, but not limited to, fines, fines in lieu of suspensions, suspensions, or revocations. (B) The Local Licensing Authority may notifythe State Licensing Authority ofsuspected violations of this ordinance or the Code and coordinate with the State Licensing Authority in their investigations of Licensees. 394703 10/7/2021 9:49 AM Trish Gilbert 12of12 R$68.00 D$0.00 Saguache County C Section 17 - Fees. Applicants and Licensees shall pay the following non-refundable fees, in addition to any fees payable to the State of Colorado: (1) New License Application Fee: $75.00 (2) Annual License Renewal Fee: $500,00 (3) Late Renewal Fee: $500.00 (4) Transfer of Location Fee: $100.00 (5) Transfer or Ownership Fee: $75.00 (6) Modification of Premises Fee: $100,00 (7) Tier-Up Fee: $500.00 Section 18 - Recording and Authentication. This ordinance immediately upon its passage shall be authenticated by the signatures of the Mayor and Town Clerk, recorded in the Town Book of Ordinances kept for that purpose and published according to law. Section 19 - Publication and Effective Date. This ordinance shall take effect immediately following final passage and shall be published thereafter. The Town of Moffat Ordinances numbers 2017-6, 2019-11, 2019-12, 2019-17, 2020-03 and 2021-01 were repealed by Ordinance 2021-02. This Ordinance amends Ordinance 2021-02. FIRST READ and ADOPTED on this 14th day of September, 2021. TOWN OF MOFFAT, COLORADO By: Cassandra L. Foxx, Mayor ATTESTS Matt Bitrenta, Town Clerk/Treasurer o 4 a L a 398662 24 ZUZ3 59 FM Saguache 111311 County Clerk 1of14 R$78.00 DS0.00 ORDINANCE! NO. 2023- 01 AN ORDINANCE AMENDING ORDINANCE 2021-05 AND THE FRAMEWORK FOR REGULATED MARIJUANA IN' THE TOWN OF MOFFAT WHEREAS, the Board of Trustees ofthe Town of! Moffat, Colorado. has determined it necessary 2021-05 the Framework for Regulated Marijuana in the Town to amend its current Ordinance (Concerning from the Colorado Marijuana Rules, as well as more clearly state of Moffat) in order to incorporate updates licensing and inspection requirements within the Town of Moffat. NOW THERFORE, be it ordainedby the Board ofTrustees ofue Town of Moffat, that Ordinance 2021-05, be amended to read as follows: Section 1 - Purpose and Legislative Intent. The of this Ordinance is to exercise the authority of the Town of Moffat to allow state- (A) licensed purpose Regulated Marijuana Businesses to operate in the Town in accordance with applicable local licensag requirements set forth herein. state laws and regulations, as well as the additional Section 2 - Local Licensing Authority. as the Local Licensing Authority for the Town of Moffat (A) The Town Attorney is hereby designated with respect to Regulated Marijuana Businesses. (B) The Local Licensing Authority shall have the power to determine the qualifications of Appliçants whether Marijuana Business Licenses should be issued, and Licensees and to determine Regulated. standards denied, renewed, suspended, fined,revoked, or modified, pursuant to the procedures and set forth by the Colorado Marijuana Code, the Colorado Marijuana Rules, and this Ordinance. (C) The Local Licensing Authority shall notify the State Licensing Authority (Colorado Marijuana Enforcement Division, (MED)) ofany Licenses that are issued, denied, renewed, suspended, fined, revoked, or expired, including any required written findings. Section 3 - Relationship to Colorado Marijuana Code. herein, this Ordinance - corporates the requirements set (A) Except as otherwise specifically provided forth in the Colorado Marijuana Code and the Colorado Mariju a Rules. (B) In the event of a conflict of Jaws, the moré restrictive provision shall control. (C) Compliance with any applicable state lawlor regulation shall be deemed an additional requirement for issuance, denial, suspension, or revocation of any License under this Ordinance. (D) Non-compliance with any applicable state law or regulation -hall be grounds for revocation or suspension ofany Regulated Marijuana. Business License issued by the Local Licensing Authority. Section 4 - Definitions. set forth in subséction 16(2) of article XVIII of the (A) Except as provided below, the definitions Revised Statutes, and Section 1-115 of Colorado Constitution, section 44-10-103 oft the Colorado the Colorado Marijuana Rules shall be incorporated to this Ordinance. In addition, the following terms shall have the meanings respectively assigned to them; (1) "Applicant" means any person(s) applying for a Regulated Marijuana Business License. (2) "Audit of Compliance" means a written document provided by the Local Licensing Authority or its delegates analyzing a Licensee's compliance with the Colorado Marijuana Code, the Colorado Marijuana Rules, this Ordinance or other applicable laws'and regulations. (3) "Colorado Marijuana Code" means Article 10 of7 tle 44 of the Colorado Revised Statutes, as amended, pg. - 398662 2/24/2023 2:39 PM insn uiDert 2of14 RS78.00 D$0.00 Saguache County Clerk (4) "Colorado Marijuana Rules" means the rules promulgated by the Colorado Department of Revenue Marijuana Enforcement Division, as amended. (5) "Excise Tax' - means a tax directly levied on certain goods by a local, state, or federal government. (6) "License" means the liçense, permit, or registration granted pursuant to the Colorado Marijuana Code, the Colorado Marijuana Rules, or this Ordinance. (7) "Licensed Premises" means the premises specified in an application for a License Code, the Çolorado Marijuana Rules, or this pursuant to the Çolorado Marijuana in ofthe Licensee and within which the Ordinance, that are owned or are possession test Licensee is authorizedto cultivate, manufacture, distribute, sell, store, transport, or allow the use or consumption of Marijuana or Marijuana Products, in accordance with applicable provisions. (8) "Licensee" means any person licensed, registered, or permitted pursuant to the Marijuana Code, the Colorado Marijuana Rules, or this Ordinance. (9) "Location" means a particular parcel of land that may be identified by an address or other descriptive means. (10) "Marijuana" means both Medical Marijuana ar I Retail Marijuana but does not encompass henip or hemp-derived products. (11) "Marijuana Product" means a product that is comprised of Marijuana infused with other ingredients, and that is intended for use or consumption other than by smoking including, but not limited to, edible products, ointments, and tinctures. (12) "Notice of Violation" means a written document provided by the Local Licensing the Authority or its delegates affirming a Licensée's lack of compliance with Colorado Marijuana Code, the Colorado Marijuana Rules, this Ordinance, or other applicable laws and regulations. (13) "Office ofthe TowmAtorney' or "Town Attorney" means an attorney-at-law licensed to practice in thes statelof Colorado and hired by the Town to represent its interests. Town Clerk," * "Town Clerk, or "Clerk" means the Clerk of the Town (14) "Office ofMoffat, ofthe wholacts asthe custodian oft the official records ofthe Town, or any person designated by said Clerk to exercise any of their pow rs, duties, or junctions. or Munici, al-owned land that is open to the (15) "Park" means a Federal, State, County, public for purposes of recreational activities. (16) "Post Office" means the United States Postal Service (USPS) building, with the USPS of the executive branch of the United States federal being an independent agency for providing postal seryice in the United States, including government responsible its insular areas and associated states. (17) "Regulated Marijucna Business" means any licensed Medica! Marijuana Businesses and Retail Marijuana Businesses. (18) "School or Childcare Establishment" means any public or private school providing instruction to students in Kindergarten through grade twelve (12), any public or that schooling for children of any private schools or preschools provide preparatory commercial childcare age younger than the state age ofr mandatory attendance, or any establishment that is licensed by the State as such. (19) "Smoking" shall have the same meaning as set forth in section 25-14-203, C.R.S., as amended. (20) "State Licensing Authority" means the authority created for the purpose of regulating and çontrolling the licensing of the cultivation, manufacture, distribution, sale, Pg 2 3of1 340004 14 R$78.00 DS0.00 Saguache County Cler consumption, and testing of Regulated Marijuana in Colorado, transportation, C.R.S., and may more commonly be known as the pursuant to section 44-10-201. Colorado Marijuana Enforcement Division, (MED). law means: (i) The Colorado State Patrol, created (21) "State or local enforcement agency" C.R.S.; (ii) The Colorado Bureau of Investigation, pursuant to section 24-33.5-201 C.R.S.; (iin) A county sheriff's office; (iv)A created pursuant to section 24-33.5-401 fire department; (vi) The Division of municipal police department; (v). A municipal of Natura Resources, created pursuant to Parks and Wildlife within the Department section 24-1-124 C.R.$; or (vi) A town marshal's oifice. "Town" means the Town of Moffat, defined by its boundaries and local government. (22) Section 5 - Unlawful Acts, Business in the Town without (A) It shall be unlawful for any person to operate a Regulated Marijuana a valid License issued bythe State Licensing Authority. Regulated Marijuana Business in the Town (B) It shall be unlawful for any person to operate any without a valid License issued by the Local Licensing Authority. for to, engage in any form of business or commerce involving the (C) It shall be unlawful any person sale, distribution, transportation, or consumption cultivation, processing, manufacturing, other storage, than those forms of businesses and commerce that are of Marijuana and Marijuana Section Products 16 of Article XVIII of the Colorado Constitution, or those set expressly contemplated by Code and the Colorado Marijuana Rules. forth by the Colorado Marijuana It shall be unlawful for any person to sell Marijuana or Marijuana Products at a Medical Marijuana (D) time other than between the hours of 8:00 a.m. and 2:00 Store, or at a Retail Marijuana Store at any a.m. daily. Marijuana Business in the Town while (E) It shall be unlawful for any person(s) to operate a Regulated Code, the Colorado Marijuana Rules, violating any provisions set forth by the Colorado Marijuana for revocation, suspension, or denial and/or this Ordinance. Any such violation(s) shall be grounds Marijuana Business License issued by the Local Licensing Authority. ofrenewal ofany Regulated Section 6 - Authorized Classes of Licenses. transfer, of the cultivation, processing, manufacturing, storage, sale, (A) For the purposes regulating and Marijuana Products, the Town hereby authorizes transportation, and cmpumptiomofMarijsam: issuance of the following classes of licenses: (1) Medical Marijuana Store License; (2) Medical Marijuana Cultiyation Facility License; (3) Medical Marijuana Products Manufacturer License; (4) Medical Marijuana Transporter License; (5) Retail Marijuana Store License; (6) Retail Marijuana Cultivation Facility License; (7) Retail Marijuana Products Manufacturer License; (8) Retail Marijuana Transporter License; (9) Marijuana Hospitality Business License; (10) Retail Marijuana Hospitality And Sales Business License; (11) Accelerator Cultivator License: (12) Accelerator Manufacturor License; and (13) Accelerator Store License. Pg. 4of14 R$78.00 DS0.00 Saguache County Clerk Licenses issued byl the Town of Moffat shall grant the same arivileges and impose the same (B) Code, the Colorado Marijuana Rules, and this restrictions as set forth in the Colorado Marijuana Ordinance. Licensee to affirm that they authorize any agent of the Local (C) Issuance of any licènse type requires contractors, to access the Licensed Premises during Licensing Authority, including third party to Section 15 of this Ordinance (Inspections, business hours to perform an inspection, according Audits ofCompliance and Notices ofViolation). Section 7 - Application for Marijuana Business Licenses. Marijuana Business License shall be made to the Local Licensing (A) An application for a Regulated Authority upon forms provided for that purpose. (B). At a minimum, the appliçation shall require the following information: ofthe state at the time of submission or within thirty (30) days from (1) A copy application Authority receives the initial application. when the Local Licensing of the Licensed Premises. If the Licensed Premises (2) Proof of ownership or legal shall possession include written consent by the owner of the property to the is leased, the application Business. licensing ofthe premises as a Regulated Marijuana shall not be accepted unless it is filed on current forms and payment of all associated (C) An fees application in accordance with Section 17 of this/Ordinance (Fees) are made. shall be considered received upon the day it is sabmitted to the Local Licensing (D) An application Authority. Authority is deemed incomplete or otherwise (E) If an application received by the Local shall Licensing notify the Applicant and permit the Applicant thirty deficient, the Local Licensing Authority it or cure deficiencies. Ifthe applicant cannot (30) days to amend the application to complete the Local any Licensing Authority shall deny the complete the application or cure any deficiencies, application. shall deny an application if a copy of the application (a) The Local Licensing Authority is not receiyed by the Local Licensing Authority submittedt to the State Licensing Authority within thirty (30) days of the initial application date. Authority shall review all applications for compliance with this Ordinance. (F) The Local Licensing with this Ordinance shall be approved. Applications not in compliance Applications in compliance The Authority may issue a conditional License with this Ordinançe shall be denied. Local Licensing state provided all other aspects of to applicants that have not submitted a copy oftheir application, the application comply with this Ordinance. shall affirm that they authorize any agent ofthe Local Licensing Authority, including (G) An applicant the Licensed Premises during business hours to perform an third party contractors, to access Ordinance Audits of Compliance and inspection, according to Section 15 of this (Inspections, Notices of Violation). from the date of ssuance and may be renewed in (H) A local License shall be valid for one (1) year accordance with Section 8 of this Ordinance (Renewals). Authority shali notify the State Licensing Authority of all decisions made on (I) The Local Licensing Businesses Licenses in accordance with the Colorado applications for Regulated Marijuana Marijuana Code and Colorado Marijuana Rules. Section 8 - Renewals. Ordinance shall be valid ior a period of one (1) year from the (A) Any License issued pursuant to this License shall be governed by the standards and procedures set date ofissuance. Any renewal of the and the Colorado Marijuana Rules, and this Ordinance. forth in the Colorado Marijuana Code Pg 4 398604 R$78.00 DS0.00 Saguache County Clerl 5of1 14 (B) The Local Licensing Authority shall process License renewal in the same manner as the State Licensing Authority administers renewals df state Licenses subject to any additional restrictions on renewal as provided in this Ordinançe. (C) At the time of renewal, a Licensee shall affirm that they authorize any agent of the Locai Licensing Authority, including third party contractors, to access the Licensed Premises during business hours to Section 15 of this Ordinance (Inspections, Audits of to perform an inspection, according Compliance and Notices ofViolation). (D) The Local Licensing Authority maya analyze a Licensee's compliance with the Colorado Marijuana Code, the Colorado Marijuana Rules, and this Ordinance prior to issuing a Renewal. (I) The Local Licensing Authority may require a hearing in front of the Board of Trustees if the Licensee is found to be non-compliant with the Colorado Marijuana Code, the Colorado Marijuana Rules, or this Ordinance. (a) The hearing in front of the Board of Trustees is advisory in nature and does not constitute a final decision. The Local Licensino Authority shall issue a final decision at its discretion. (E) Upon payment of a renewal fee, payment pfany accumulated or outstanding fines, in accordance with Section 17 of this Ordinance (Fees & Fines), and completion of any required forms, any Licensee may apply to renew a License prior to the License expiration date. (1) A Licensee may apply for a renewal within ninety (90) days prior to the expiration date of the License. (2) A Licensee whose License has been expired for no more than thirty (30) days may file a late renewal application, upon the payment of a late fee and renewal fee, in accordance with Section 17 of this Ordinance (Fees), and in accordance with Section 2-225(D)(I) of the Colorado Marijuana Rules. (3) The Local Licensing Authority may revoke or suspend a license if the renewal in accordance with Section 17 ofthis Ordinance (Fees) is not executed in ninety (90) days. (F) A Licensee may not operate with an expired License, or exercise any of the privileges of the License: administratively continue a License if a renewal was (I) The LocalLicensing Authority may the renewal has been submitted in a timely manner until a determination on application until rendered.. A Licensee whose License has been administratively continued may operate a determination has been made on its renewal application. (2) A Retail Marijuana Cultivation. Facility License or Medicc Marijuana Cultivation Facility License that has an expired License but submitted a rên : val within ninety (90) days from expiration'shall be pennitted to continue cultivating Marijuana plants but may not transfer any Marijuana until a determination has been made on its renewal application. (G) The Local Licensing Authority shall notify the State Licensing Authority of all decisions made on renewals of Regulated. Marijuana Businesses Licenses. Section 9 - Licensed Premises. (A). All Regulated Marijuana Business Licenses shal! be issued for a specific Location, which may only be part ofa building or address, which shall be considered the Licensed Premises. (B) A Licensee must maintain possession of its Licensed Premises at all times during licensure. Possession is a prerequisite of licensure and any loss of possession while licensed invalidates the License. (C) No Regulated. Marijuana Business Licenses shall be issued fo: the following locations: (1) Within 1,000 (one thousand) feet of any School or Childcare Establishment, Park, or Post Office. The distance shall be computed by direct measurement in a straight line from the Pg 5 398662 2/24/2025. 4:39 r.VI Saguache County Clerk 60f14 RS78.00 DS0.00 line of the land used for a School, Childcare Establishment, Park, or nearest legal parcel external of the building or the land use in which the Post Officeto the nearest portion Regulated Marijuana Business is tobe located. Store Licenses and Retail Marijuana Store Licenses shall not be issued outside (D) Medical Marijuana limits) and the "Randall Addition" (hereunder referred to of Moffat Township of 1910 (original city be referred to as "Section 2"). as "Section I"), or atthe AREA420 Addition (hereunder "Section !" is defined as WEST 1/2 OF SECTION 5, THE EAST 1/2 OF SECTION 6, (1) NORTH 1/2 OF SECTION 8, ALL IN TOW SHIP 43 NOKTH, RANGE 10 AND THE PRINCIPAL MERIDI'N, SAGUACHE COUNTY, EAST, NEW MEXICO COLORADO. "Section 2"1 is defined as; Lots 9, 10, 1I and 12 OF BLOCK 23, TOWN OF MOFFAT, (2) SAGUACHE COUNTY, COLORADO. Cultivation Facility License, Medical Marijuana Products Manufacturer (E) No Medical Marijuana Cultivation Facility License, or Retail Marijuana Products License, Retail Marijuand of the areas, attached hereto as Manufacturer License shall be issued outside permissible that has previously been Attachment A, and incorporated herein by reference, and property(s) been left out of the licensed for marijuana use by the Town, and which may have inadvertently attached legal descriptions (Attachment LA). subsection (E), no more than two (2) Medical Marijuana Cultivation Facility (F) Notwithstanding Cultivation Facility Licenses may be issued within the Licenses and two (2) Retail Marijuana and the "Randall Addition". Moffat Township of 1910 (original city limits) Hospitality and Sales Business (G) No Marijuana Hospitality Business License or Retail Marijuana with this Section of the Ordinance. License shall be issued for locations that are not compliant Retail Transporter License shall be (H) No Medical Marijuana Transporter Licepise or Marijuana ofthe Ordinance. issued for locations that are not compliantwith this Section Section 10 - Ownership. Business License (A). A transfer ofownership or change in business structure for a Regul. sted Marijuana Code and shall be governed by the standards and procedures set forth in e Colorado Marijuana the Colorado Marijuana Rules. all submitted, or intended to be submitted, to the (B) A Licensee shall provide a copy of applications The Local Licensing Authority shall provide State Licensing Authority for a transfer oflownership. an acknowledgement of receipt oft the copy of the application. shall the Local Licensing Authority upol aceipt of approval or denial of its (C) A Licensee notify the State Licensing Authority prior to completing any application for a transfer ofownership from change in ownership. Section 11 - Changes of] Location. for change of location for a Regulated Marijuana Business shall be made to the (A)An application forms for that purpose. Local Licensing Authority upon provided shall not location ofi itsLicense without prior approval from the Local Licensing (B) A Licensee change Business must apply for and receive approval from the State Authority. A Regulated before Marijuana the location ofi its Licensed Premises. Licensing Authority changing (C) If the change. of location is to a different location within the Town ofMoffat, the whether Local Licensing the new Authority shall review all applications for a change of location to determine with this location meets all zoning and other relevant requirements. Applications in compliance Ordinance shall be approved; those not in compliance shall be denied. pg.6 70f14 RS78. 00 DS0.00 Saguache County Clerk (D) Ifthe change of location is to ajurisdiction outside ofthe Town of Moffat, the Licensee must intends obtain a license from the appropriate licensing authority or local jurisdiction where the Licensee to locate. (1) The Licensee must provide the Local Licensing Authcrity a copy of the application submitted to the State Licensing Authority. (2) The Licensee must notify the Local Licensing Authority regarding any approval or another denial by the State Licensing Authority jof an application for a change of location to jurisdiction, (3) The Licensee must notify the Local Licensing Authority ofthe date that Licensed Premises shall be moved and shall surrender its original local Licunse from the Town ofMoffat upon completion ofi its change ofl location. Section 12 - Modification of Premises. (A) After obtaining a License, a Licensée shall not make physical changes, alterations, or modifications that alters the Licensed Premises or the usage oft the Licensed Premises materially or substantially plans without the State Licensing of the Licensed Premises from the originally approved Authority's prior written approval. of the Colorado Marijuana Code and Section 2- (B)A Licensee needs to complywith the requirements 260 ofthe Colorado Marijuana Rules when modifying its premises. submitted, or intended to be submitted, to the (C) A Licensee shall provide a çopy of all applications of The Local Licensing Authority shall State Licensing Authority for a modification premises. provide an acknowledgement; of receipt offt the copy of the application. Licensee shall notify the Local Licensing Authority upon recript of approv..I or denial of its (D). A the State Licensinn huthority (MED) prior to making application for a modification ofpremisesto the changes to the Licensed Premises proposed in its application. Section 13 - Operational Requirements. (A) A Licensee in the Town of Moffat must comply with the following requirements: Business must comply with the Town's light pollution policy and (1) A Regulated Marijuana ofthe International Dark Sky Association (IDA). follow thes guiding principles (a) All outdoor light fixtures shall be fully shielded and installed and maintained in such a manner that the shielding does not permit light trespass in excess. Lighting is shall be directed away from public viewing areas in a manner to ensure no lamp directly visible from public viewing areas. (b) Light pollution shall be minimized through the use of directional lighting, fixture location, height, or the use ofs shielding and/or motion sensors and timers. (c) A Medical Marijuana Cultivation Facility, Medical Marijuana Products Products Manufacturer, Retail Marijuana Cultivation Facility, or Retail Marijuana Manufacturer shall have a light deprivation system. (d) Lighting coming from a Medical Marijuana Cultivation Facility, Medical Retail Marijuana Products Manufacturer, Retail Marijuana Cultivation Facility, or Marijuana Products Manufacturer shall be obstructed from the view ofthe highway and residential zones. (e) A Medical Marijuana Cultivation Facilicy, Medical Marijuana Products Products Manufacturer, Retail Marijuana Cultivation Facility, or Retail Marijuana Manufacturer shall comply with requirements of the Colorado Marijuana Rules regarding motion lights and night lights in a manner that complies with lighting nuisance requirements. (2) Regulated Marijuana Businesses shall comply with th : Town's noise pollution policy. pg. 8of14 370004 RS78.00 DS0.00 Saguache County Cler (a) A Medical Marijuana Cultivation Facility, Medical Marijuana Products Manyfacturer, Retail Marijuana Cultivation Facility, or Retail Marijuana Products Manufactirer shall have quiet generators or sound muffling structures around generators. (3) Regulated Marijuana Businesses shall have regular trash services, in addition to the requirements set forth in the Colorado Marijuana Rules on waste disposal. (a) All trash and other debris shall be secured to prevent littering, destruction of neighboring properties, and to protect the health and safety of Town residents. (4) Regulated Marijuana Businesses shall comply with all fire restrictions imposed by the Town of Moffat, Saguache County, or the State ofColorado, and all requirements set forth in the Colorado Marijuana Rules on waste disposal. (a) A RegulaedMarijnana. Business shall always have at least one (I) operational fire extinguisherin the Licensed Premises. (5) A Medical Marijuana Cultivation Facility, Medical Marijuana Producis Manufacturer, Retail Marijuana Cultivation Facility, or Retail Marijuana Products Mamyfacturer shall have a septic system or séptic vault installed at their location. (a) If installed on or after May 31, 2020, a septic ystem or septic vault shall be installed one hundred (100) feet from the water * p and twenty-five (25) feet from the water main. (6) A Medical Marijuana Cultiyation Facility or a Retail Marijuana Cultivation Facility shall have a green mesh or netting material around its fencing in addition to the requirements set forth in the Colorado Marijuana Rules on security alarm systems and lock standards. (a) The fence shall be sufficient to ensure that ti a Medical Marijuana Cultivation Facilityorthe Retail Marijuana Cultivation Facility has low visibility to the public from a publiç place! (b) The fencing shail be sufficient to minimize light pollution from the Medical Marijuana Cultivation Facility or Retail Marijuana Cultivation Facility, in accordance with this Section. (c) The Medical Marijuana Cltivation Faciliry or the Retail Marijuana Cultivation Façility shall ensure that the green mesh or nétting material be maintained at all times and not be in disarray, falling off, or torn. (7) Persons working at a Mediçal Marijuana Products Mamfacturery or a Retail Marijuana Products Mamyfacturer must have a valid SERV Safe Food Handler certificate obtained through the successful completion of an online or in person assessment. A copy of the certificate shall be maintained by the Licensee and presented upon request by the Local Licensing Authority jor any other municipal, county, or state public health official. (8) A Medical Marijuana Transporter License or Retail M 1 juana Transporter License shall comply with the following provisions: (a) Medical and Retail Marijuana Transporter Licensees shall not possess unsealed packages or containers of cannabis on the Licensed Premises. Medical and Retail Marijuana Transporter Licensees shall not open sealed packages or containers of cannabis. Medical and Retail Marijuana Tronsporter Licensees shall not re- package cannabis on the Licensed Premises. (b) Medical and Retail Marijuana Transporters that do not maintain a Licensed Premises within thet town shall not temporarily store cannabis or otherwise exercise any license privileges for which a Licensed Premises would be required. Pg. de 9of14 370V04 R$78. 00 DS0.00 Saguache County Cler Section 14 - Licensed Hospitality Businesses. (A). Marijuana Hospitdlity Businessés and Rétail Marijuana Hospitality and Sales Businesses are authorized in the Town of Moffat and must comply with all local and state laws and regulations. (B) A local Marijuand Hospitality Business License may be issued to allow for the on-premises consumption ofMarijuana and Marijuana Product(s) at a fixed location and must comply with rules established by the Çolorado Marijuana Code, the Colorado Marijuana Rules, and this Ordinance. (1) A Marijuana Hospitality Business Licensee shall not sell, transfer, or distribute, with or without remuneration, or allow the sale, transfer, or distribution, with or without remuneration, ofMarijuana or Marijuana Products on the Licensed Premises. (2) A Marijuana Hospitality Business Licensee shall not allow any person under the age of twenty-one (21) on the Licensed Premises. (3) A Marijuana Hospitalinyi Business Licensee shall not 3 gage in or allow any activity that would require an additional License, including, but not limited to, planting, growing, harvesting, storing, drying, trimming, processing, or manufacturing Marijuana, or Marijuana Products Nothing in this section prohibits a Marijuana Hospitality Business from storing marijuana consumer waste on the Licensed Premises, in compliance with state law. (4) A Marijuana Hospitaliry Business is allowed to operate between the hours of 8:00 a.m. and 2:00 a.m. daily. (5) A Marijuana Hospitality Business may allow smoking and vaping of Marijuana or Marijuana Products in indoor and outdoor portions of the Licensed Premises. (6) A Marijuana Hospitality Business shall ensure that the display and consumption of any Marijuana or Marijuana Product is not visible from outside of its Licensed Premises. (7) A Marijudna Hospitality Business with outdoors areas shall ensure that all Marijuana is kept out of plain sight, is not visible from a public place without the use of optical aids, and that the consumption area is surrounded by a sight-obscuring wall, fence, hedge, or other opaque barrier. A local Retail Marijuana Hospitality and Sales Business License may be issued to allow for the (C) of and Marijuana Product(s) at a fixed location and sale and on-premises consumption Marijuana Code, the Cclorado Marijuana must comply with rules established by the Colorado Marijuane Rules, and this Ordinance. (1) A Retail Marijuana Hospitality and Sales Business shall permit the sale, transfer, of marijuana between the hours of 8:00 a.m. distribution, use, or consumption regulated and 2:00 a.m. daily. (a) All transfers of Marijuana or Marijuana Product(s) by a Retail Marijuana Hospitalityland Sales Business to a consumer hall not exceed the following sales limit per person, per day: (i) More thar two (2) grams of Retail Marijuana Flower; (ji) More than one-half of one (%) ) gram of Retail Marijuana Concentrate; or (ini) A Rétail Marijuana Product containing more than twenty (20) milligrams of active THC. For any transfer of Retail Marijuana Product containing more than ten (10) milligrams of active THC, the Retail Marijuana Product must be Transferred to a consumer in separate serving sizes containing no moré than ten (10) milligrams of activc THC per serving. (b) A Retail Marijuana Hospitality and Sales Business shall not permit a consumer to leave the Licensed Premises with any unconsumed marijuana unless the Retail MaripuamaHospiialiy and Sales Business has ensured the unconsumed marijuana is packaged and labeled in accordance Packaging and Labeling Requirements. Pg. 10of14 R$78. 00 DS0.00 Saguache County Clerk (2) A Retail Marijuana Hospitality and Sales Business Licensee shall not allow any person under the age oft twenty-one/(21): on the Licensed Premises. (3) A Retail Marijuana Hospitality and Sales Business Licensee shall not engage in or allow any activityithat would require an additional License, including but not limited to planting, growing, harvesting, storing, drying, trimming, processing, or manufacturing Marijuana or Marijuana Products. Nothing in this section prohibits a -Aarijuana Hospitality Business from storing marijuana consumer waste on the Licensedi: zemises, in compliance with state law. (4) A Retail Marijuana. Hospitality and Sales Business is allowed to operate between the hours of 8:00 a.m. and 2:00 a.m, daily. (5) A Retail Marijuana Hospitality and Sales Business may allow smoking and vaping of Marijuana or Marijuana Products in indoor and outdoor portions of the Licensed Premises. (6) A Retail Marijuana Hospitality and Sales Business shall ensure that the display and consumption of any Marijuana or Marijuana Product is not visible from outside of its Licensed Premises. (7) A Retail Marijuana Hospitality and Sales Business with outdoors areas shall ensure that all Marijuana is kept out of plain sight and is not visible from a public place without the use of optical aids and that the consumption area is surrounded by a sight-obscuring wall, fence, hedge, or other ppaque barrier. Section 15 - Inspections, Audits of Compliance and Notices of Violation. (A) Every Applicant, Licensee, or employee df the Regulated Marijuana Business shall permit any agent of the Local Licensing Authority, including third party contractors, to access the Licensed Premises during business hours to perform an inspection and issue an Audit of Compliance with the Colorado Marijuana Çode, the Colorado Marijuana Rules, this Ordinance. (1) The auditing agent shall issue a written result the for the Au lit ofCompliance within ninety (90) days of the visit and send a copy to the Licensee. (2) In case a third-party contractor conducts the inspection, a copy of the Audit ofCompliance shall be issued to the Local Licensing Authority. (3) The Audit of Compliance may be attached to the License's records. An Audit of Compliance may be used during proceedings for reyocation, suspension, or denial of renewal of the Liçense. (4) The Local Licensing Authority may issue a copy of the Audit of Compliance to the State Licensing Authority. ofthe License Premises at its discretion (B) The Local Licensing Authority mayrequire a re-inspection Ifan and depending on the severity of the violations stated in the Audit of Compliance. inspecting agent continues to see a recurring violation, the Local Licensing Authority may issue a Notice of Violation to the Licensee. (I) Ifthe Local Licensing Authority decides to issue a Notice of Violation to the Licensee, the Local Licensing Authority shall do'so within ninety (90) days ofthe re-inspection and send a copy to the Licensee. (2) In case a third-party contractor conducts the re-inspection, the inspecting agent shall notify the Local Licensing Authority, in writing, with a statement describing the recurring violation. The Local Licensing authority will decide, based on the stated facts, whether to issue a Notice ofViolation. (3) The Local Licensing Authority may give up to ninety (90) days from the re-inspection date for the Licensee to comply with the Rules described in the Notice of Violation. pg. 10 OUUE 11of14 RS78.00 D$0.00 Saguache County Cleri (4) If the Licensee does not comply with the Notice of Violation in the time stipulated by the Local Licensing Authority, the Local Licensing Autho.ity may begin proceedings for revocation or suspension ofthe license. (5) In the event of such proceedings, the Local Licensing Authority may require a hearing in front of the Board of Trustees relative to the revocation or suspension of the License, and the Board of Trustees may issue recommendations concerning the matter. The Local Licensing Authority may consider the recommendations and records of the proceedings before issuing a final decisipn. (1) The hearing in front of the Board of Trustees is advisory in nature and does not constitute a final decision. The Local Licensing shall issue a final decision at its discretion. (C) Any Regulated Marijuana Business may be required to demonstrate, upon demand by a State or Local Law Enforcement Agency, that the source and quantity of any marijuana found upon the Licensed Premises is in full compliance with any applicable state law or regulation. Section 16 - Disciplinary Action, Sanctions, and Penalties. (A) In addition to any other penalties prescribed by the Colorado Marijuana Code and the Colorado Marijuana Rules, the Local Licensing Authority may, on their own motion or upon complaint, and after investigation in which the licensee shall be afforded an opportunity to be heard, suspend, revoke, fine, fine in lieu of suspension, or place conditions on any License for any of the following circumstances: (1) Any fact or condition exists whichwould qualify for the ( enial of the License; (2) The Licensee has failed to furnish information that may be reasonably required by the Local Licensing Authority or its agents; (3) The Licensee, either knowingly or without the exercise of due care to prevent the same, has violated the Colorado Marijuana Code, the Colorado Marijuana Rules, or this Ordinance; (4) The Licensee has failed to maintain the Licensed Premises in compliance with the requirements of the Colorado Marijuana Code, the Colorado Marijuana Rules, this Ordinance, or any other applicablellocal and state laws; (5) The Licensee, or employee of the Regulated Marijuana Business violated any Ordinance ofthe Town or any state or federallaws or have permitted such a violation by another. (B) No suspension under this section shall be for a longer period than six (6) months. Notice of suspension or revocation, as well as any required notice hearing, shall be given by mailing the same in writing to the Licensee at the Licensee's last address of record with the Local Licensing Authority. (C) Revocation of a license may occur immediately or while a license is suspended. (D)A Licensee shall notify the Local Licensing Authority of any disciplinary action taken against its License by the State Licensing Authority including, but not limited to, fines, fines in lieu of suspension, suspensions, or revocations. (E) The Local Liçensing Authority mayinotify the State. Licensing Athority of suspected violations of this Ordinance or the Code and coordinate with the State Licensing Authority in their investigations of Licensees. Section 17 - Fees & Fines. (A) Applicants and Licensees shall pay all the non-refundable fees listed in the Town of Moffat Consolidated Fee Schedule, in addition to any fees payable to ti e State of Colorado. (B) Fines and fines in lieu of suspension issued by the Local Licensing Authority are discretionary and may be modulated between one hundred (100) and five thousand (5,000) dollars per violation. Pg 11 398662 2/24/2023 2:39 FM Saguache 11311 County Clerk 120f14 RS78.00 DS0.00 Section 18-Taxes. (A) Procedures. (1) Excise Tax Réporting forms shall be due by the 20th ofeach month for the preceding month' s sales. Ifthe 20 ofthe month falls on a Sunday or Holiday in which the Town Hall is closed, forms and payment may be remitted no later than the next available business day. (2) Excise Tax Forms will need to be filed every month regardless of whether the Licensee owes the Town taxes, sales were generatedf for that month, or the License is in full operation. (3) Excise Tax Forms shall be updated monthly, therefore Licensees cannot use the same Tax form as months prior due to changes in market rates. (4) Excise Tax Forms shall only be acdepted by in person delivery, mail, or fax. Electronic delivery such as email shall not be accepted due to security purposes. (5) Payments may only be made by mail or in person delivery. (6) A copy ofthe Licensee's Colorado Départment of Revenue P eporting Form must accompany the submission of the local Excise Tax Reporting Form. (7) If the "Contract Price" section oftheE Excise Tax Reporting Form is filled out, the Licensee must provide a copy of the çontract dated prior to the sale. (8) If an individual or entity has more than one License within the Town of Moflat, a separate reporting form will need to be filled out for each Retail Marijuana Businesses. (9) Licensees must certify on their Excise Tax Form that the information reported on the reporting form is true and correct and agree to promptly submit an amended return if any errors are disçovered and agree to réimburse the Town for all costs and attorney's fees in recovering any under reported amounts and otherwise enforcing its excise tax. (B) Penalty for Violation (I) Per the Excise Tax Reporting Form, if payment and/or the tax return is filed after the due date a ten percent (10%), penalty will be assessed on the amount of tax owed to the Town. (2) For each month, the payment'and/or return is late, a twenty five percent (25%) interest will accrue on the excise tax amount past due. (3) In the event the amount oftax due to the Town is zero dollars ($0.00), and a return is not filed with the Town by the due date, then a penalty shall be assessed for such return(s) each month the return is late, in accordance with the Town of Moffat Consolidated Fee Schedule. (4) Ifthe payment and/or reporting form is late, an email shall be sent to the Licensee indicating that the Licensee is laté on their deadline. After a week of te deadline, a late notice will be mailed, and a phone call made to the owner on file. (5) Each Licensee shall have sixty (60) days to pay their past due excise tax, after which point their water tap shall be shut off and fines assessed. The Local Licensing Authority may revoke or suspend the local license, and the State Licensing Authority (MED) may be notified. Within the sixty (60) day late period, the Licensee may request a Public Hearing with the Moffat Board of Trustees to present a proposa! f r payment to be considered by the Local Licensing Authority. Ifthe Locall Licensing Authority finds the proposal sufficient, an extension will be granted to the Licensee to allow for a payment plan no longer than ninety (90) days from approval at the Public Hearing. If the Local Licensing Authority finds the proposal insufficient, or the Licensee does not apply for a Public Hearing, the Local Licensing Authority may temporarily suspend or permanently revoke the local license for such entity, at which time the State Licensing Authority (MED) shall be notified. (6) The Town may impose a penalty for a check remitted to the Town for payment of tax that is returned to the Town due to insufficient funds, a closed account, or a stop payment order, pursuant to the Town of Moffat Consolidated Fee Schedule. Pg.12 398662 DS0.00 43 Saguache County Clerk 130 of14 R$78.00 cause the Town to çharge the local business with the following: (7) Failure to pay may i. Fraud with intent to evade tax. without intent to defraud. ii. Negligence or intentional disregard of rules and reg lations, iii. Making rétail sales without a valid license. Section 19- Recording and Authentication. the signatures of the immediately upon its passage, shall be authenticated by (A) This Ordinance, recorded in the Town Book of Ordinances kept for that purpose, and Mayor and Town Clerk, published according to law. Section 20 - Publication and Effective Date. be following finai passage and shall published (A) This Ordinance shall take effect immediately 2019-11, 2019-12, 2019-17, 2020- thereafter. The Town of Moffat Ordinances numbers 2017-6, amends Ordinance 2021-05. 03, 2021-01, 2021-2 were previously répealed. This Ordinance 2023 FIRST READ and ADOPTED on this 22nd day ofFebruary, TOWN OF MOFFAT, COLORADO - / - By: Cassandra L. Foxx, Mayor ATTEST: Donay Ch LL Nina Magee, Town Clerk [SE * APPROVED AS TO FORM: Seth Walker, Town Attorney CERTIFICATION was introduced, rca in full, approved and adopted at - hereby certify that the within Ordinance 2 - day of Felorunry ofthe Board of Trustees oft the Town of Moffat, Colorado on the meeting newspaper in the Town of Moffat, on date). 2023, and published in full in the Valley Courier,a legal 252023 Teb Nina Magee, Town Clerk pg.13 ATTACHMENTA: (1) A tract of land situated in the Northwest 1/4 of Section 6, Township 43 North, Range 10 East, New Mexico Principal Meridian, Saguache Çounty, Colorado, and more particularly described as follows: Beginning at the northeast corner of the herein described tract and also being the northeast comer of Oklahoma Land and Colonization Company Tract 20, and from whence the north 1/4 corner of said Section 6, being identical with the Northwest Corner of The Town of Moffat as shown on that plat filed in the Book of Plats at the Office oft the Saguache County Clerk on une 27, 1910 bears N 03° 38' 04" Ea distance of 640.58 feet; Thence $ 030 38' 04" W along the west line of the said Town of Moffat and the east line ofsaid Oklahoma Land and Colonization Company Tracts 20, 29,36, and 45 a distance of 1,324.34 feet to the southeast comer of said Tract 45 and the northeast corner of United States General Land Office Lot 9 as shown on the said USGLO Plat accepted by the Surveyor General on August 4, 1875; Thence continuing S030 38' 04" W along the said west line ofthe Town of Moffat a distance of 1,992.12 feet to a point on the north Right-of-Way Line of Saguache County Road U 60; Thence N 53° 15' 52" W along said Saguache County Road U 60 a distance of3,127.52 feet to a point on the west Line of said Section 6, lying within the Right-of-Way ofSaguache County Road 59; Thence N 02° 20' 54") E along the said west line of Section 6 a distance of 154.68 feet to the northwest comer of USGLO Lot 10; Thence S 890 1129"E along the north line of said USGLO Lot 10 a distance of 1,313.31 feet to the southwest corner of Tract 46 of said Oklahoma Land and Colonization Company Tracts; Thence N 02° 59 28"E: alongthe west line of said Oklahoma Land and Colonization Company Tracts 46,35, 30 and 19 a distançe of 1324.47 to the northwest corner of said Tract 19; Thence S 890 09" 28" E along the north line of said Tracts 19 and 20 a distance of 1,328.15 feet to the Point of Beginning. Said Tract containing 104,688 Acres, more or less. (2) The Southwest 1/4 of Section 31,Township 44 North, Range 10 Eass, New Mexico Principal Meridian, Saguache County, Colorado, more particularly described as follows: Beginning at the Southwest cormer of said Section 31, thence N 01° 17 26 E along the west line of said Section 31 a distance of 2605.41 feet to the West 1/4 corher of said Section 31; Thence S 890 31 25" E along the east-west centerline of said Section 31 a distance of 2646.80 feet tothe center of said Section 31; Thence S 00° 46' 22" W along the north-south centerline of said $ection 31 a distance of2644.56 feet to the South 1/4 commer of said Section 31; Thence N 889 40 431 W along the south line of said Section 31 a distance of 2670.19 feet to the Southwest corner of said Section 31 and the Point of Beginning. Said Tract containing 160.198 Acres, more orless. (3) The Southeast 1/4 of Section 36, Township 44 North, Range 9 East, New Mexico Principal Meridian, Saguache County, Colorado, more particularly described as follows: Beginning at the Southeast corner ofs said Section 36, thence N 89° 08 4!" W along the south line ofsaid Section 36 a distance of2645.85 feet to the South 1/4 corner of said Section 36; Thence N 01°22' 13" E along the north-south centerline of said Section 36 a distance of2629.47 feet to the center of said Section 36; Thence S 88° 37' 25"E along the east-west centerline ofs said Section 36 a distance of 2641.88 feet to the East 1/4 corner of said Section 36; Thence S 01° 17 07" W alongt the south line of said Section 36 a distance of2605.41 feet to the Southeast corner of said Section 36 and the Point of Beginning. Said Tract contains 158.862 Acres, more or less. (4) A parcel of land located entirely within United States General Land Office Lots 4 and 5, Section 6, Township 43 North, Range 10 East, New Mexico Principal Meridian also known as: 17848 CO RD 59, Moffat, CO 81143, more particularly described as follows: Beginning at the northwest corner of the herein described parcel whence the northwest corner of said Soction 6 bears N 88°40'43" W a distance of 60.01 feet; Thençe $ 88940'43" E along the north line of said Section 6 a distançe of 1,275.08 feet to the northeast corner of the herein described tract which is identical with the northeast comer ofsaid USGLO Lot 4; Thence $ 02058'50" W along the east line ofsaid USGLO Lot 4 a distance of 651.44 feet to the southeast corner of said Lot 4 and the northeast corner of said USGLO Lot 5; Thence S 02959'28" W along the east line ofs said USGLO Lot 5 9 distance of 1,324.48 feet to the southeast corner of the herein Described parcel which is identical with the southeast corner of said USGLO Lot 5; Thence N 89°11'29" W along the south line ofs said USGLO Lot 5 a distance of 1,253.28 feet to the southwest corner oft the herein described parcel, being a point on the east Right of Way Line of Saguache County Road 59; Thence N 02920'54"E E along the said east Right ofWay Line of Saguache County Road 59 a distance of 1,986.60 feet to the Point of Beginning; Said Parcel containing 57.475 Acres, more or less.