The purpose of this Article is the regulation and registration of businesses operating within the Town for the health, safety and welfare of the citizens of the Town and for the proper collection of taxes to support of the Town.

(Ord. No. 2016-07, § 1, 6-13-2016)

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section except where the context clearly indicates a different meaning:

Business means all activities engaged in or caused to be engaged in with the object of gain, benefit, advantage or livelihood, direct or indirect, to include all trades, occupations, avocations, professions or calling of any kind.

Employees means persons working within the Town for remuneration under the control and direction of an employer.

Engaged in business means performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or consumption. Engaged in business in the Town includes but is not limited to any of the following activities by a person:

(1)

Directly, indirectly or by a subsidiary maintaining a building, store, office, salesroom, warehouse or other place of business within the Town;

(2)

Sending one or more employees, agents or commissioned sales persons into the Town to solicit business or to install, assemble, repair, service or assist in the use of its products or for demonstration or other reasons; or

(3)

Maintaining one or more employees, agents or commissioned sales persons on duty at a location within the Town.

Home occupation means any business situated in a residential zone; conducted principally within a dwelling unit, enclosed garage or accessory building; and carried on by the residents of said dwelling. However, such business use must be clearly incidental and secondary to the use of the property for residential purposes and shall neither change nor adversely affect the character of the property, adjoining properties or the neighborhood for residential purposes.

Nonprofit corporation means a corporation in which no part of the income or profit is or could be distributed to its members, director or officers and is incorporated in the State of Colorado as a nonprofit corporation.

(Prior code, §, 10-4-1; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

The Board of Trustees hereby finds, determines and declares that the relationship of businesses and occupations in the Town to the municipal welfare and the provision of governmental services within the Town require a proper, just and equitable distribution of the financial cost of governmental services within the Town. After due consideration of all matters related to the municipal welfare and the provision of governmental services within the Town, the business fees imposed herein are declared to be reasonable, proper, uniform, nondiscriminatory and necessary for a just and equitable distribution of the cost of governmental services within the Town. It is intended that revenues raised from the assessment of business fees herein shall be expended for the purpose of providing services that directly benefit the business community and that such revenues shall not be used for general governmental purposes.

(Prior code, § 10-4-2; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

It is unlawful for any person to engage in the business of selling tangible personal property or providing taxable services without first having obtained a license therefor. Such license shall be granted and issued by the Town Clerk and shall be in force and effect until revoked.

(b)

Whenever in this Code a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person shall be subject to the requirement if, by himself or herself or through an agent, employee or partner, he or she holds himself or herself forth as being engaged in the business or occupation; solicits patronage therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the Town. A license is required by every business in the Town.

(c)

Only one general business license shall be required for any establishment operating as a single enterprise. Specialty licenses shall be required in addition to general business licenses when applicable. Business licenses cannot be transferred upon a change of ownership.

(d)

The sponsor or organizer of a special event involving the conduct of business by one or more vendors (e.g., arts and crafts festivals and music festivals) shall be responsible for securing and paying for a temporary business license to cover all vendors and businesses associate with the special events. In making application for a group business license, the sponsor or organizer shall provide the Town Clerk with a complete and accurate listing of all participating vendors and businesses and their respective sales tax account numbers. The sponsor or organizer shall secure the group business license prior to staging his or her event by paying a business license fee calculated on the basis of the number of vendor times the number of days the event is scheduled to entail times the daily business fee rate as set forth in the Town's Fee Schedule. The Town Clerk or a designated official is authorized to periodically visit the special event site and inspect all business activities to ascertain that all business activities are properly covered by the group business license issued. If businesses are found to be operating without authorization under the group business license, the sponsor or organizer shall immediately secure and pay for additional temporary business licenses as necessary to cover all vendors participating in the event, including the payment of late fees for each business found to be operating without authorization under the group business license.

(Prior code, §§ 3-7-3, 10-1-2, 10-4-3; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

The business license requirements provided for in this Article shall not apply to federal, state, county or municipal offices and activities.

(b)

Such requirements shall not apply to utility companies for which an occupational tax has been assessed and the fee for the privilege of doing business inside the Town limits has been waived by ordinance of the Board of Trustees.

(c)

Employees of nonprofit corporations are exempt from the business license and fee requirements provided for in this Article.

(d)

Yard and/or garage sales are permitted within the Town and are not subject to provisions of Section 6-1-40 above unless such a yard and/or garage sale exceeds ten consecutive days or three 48-hour weekends per four-month period, when such sale, whether indoors or outdoors, shall be subject to the provisions of Section 6-1-40.

(e)

No license shall be required for any person engaged exclusively in selling commodities which are exempt from taxation under this Code.

(Prior code, §§ 3-7-3, 10-1-14, 10-4-4; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

Applications for all licenses and permits required by any provision of this Code shall be made in writing to the Town Clerk in the absence of a specific provision to the contrary. Each application shall state the name and address of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee to be paid. Each application shall contain such additional information as may be needed for the proper guidance of the Town officials in the issuing of the permit or license applied for.

(Prior code, § 10-1-1; Ord. No. 2016-07, § 1, 6-13-2016)

Forms for all licenses and permits, and applications therefor, shall be prepared and kept on file by the Town Clerk.

(Prior code, § 10-1-3; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

Prior to submitting an application for a new business license, the applicant shall first obtain the application from the Town Clerk and then schedule inspections and review of the application with those departments or agencies deemed necessary by the Town Clerk.

(b)

All premises must be brought to current codes and standards as required and identified by the Town, regardless of prior occupancy.

(c)

All departments or agencies identified by the Town Clerk shall conduct such necessary investigation or inspection within a reasonable timeframe. The department or agency shall either sign the investigation report included within the business license application, indicating compliance with applicable codes, regulations or requirements by the applicant, or provide written feedback to the applicant for necessary corrective measures. The Building Inspector shall make or cause to be made any inspections relative to the construction of buildings or other structures relative to the building code adopted by the Town in Chapter 18 of this Code. The Fire Inspector shall make or cause to be made any inspections relative to the fire code adopted by the Town in Chapter 18. A business license shall not be issued until all necessary departments or agencies have signed off on the investigation report or submitted a report outlining conditions for issuance of a business license.

(d)

Whenever it is necessary to inspect the premises of any business or proposed business, it shall be the duty of the licensee or the person in charge of the business premises to admit thereto any authorized officer, employee or agent of the Town for the purpose of making such inspection. It is unlawful for such licensee or person to fail or refuse to admit an authorized officer, employee or agent of the Town, at any reasonable time, for the purpose of making such inspection.

(e)

Once all required signatures are obtained, the applicant may submit his or her application to the Town Clerk. The Town Clerk shall have 72 hours to issue or deny the business license in accordance with Section 6-1-210 below.

(f)

Applications without proper signatures from investigating departments and agencies shall be deemed incomplete and shall be denied.

(Prior code, §§ 10-1-5, 10-4-6; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2009-03. § 1, 5-11-2009; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

The license fee upon every business in the Town, except those exempted in Section 6-1-50 above, shall be determined according to the number of employees hired, whether full-time or part-time. The number of employees shall be determined as the greatest number of employees actually to be hired in any month during the preceding year. The license fee for a new business shall be based on the estimated greatest number of employees to be hired in any month during the subject year. The license fee to be paid by each business shall be in accordance with the Town's Fee Schedule. An owner shall be considered an employee for the purposes of this Section.

(b)

The license fee to be paid by each temporary business shall be in accordance with the Town's Fee Schedule.

(c)

An application and inspection fee as set forth in the Town's Fee Schedule shall be imposed upon any new application for a business license, including applications for a cancelled or temporary license; or upon any existing business that changes its location within the Town limits.

(d)

Businesses operating year-round shall be renewed and fees paid annually by January 31. A late fee as set forth in the Town's Fee Schedule shall be assessed for renewals completed after January 31. Any business operating without a renewed business license by March 1 shall have his or her business license revoked and shall comply with all requirements of this Code applicable to a new business license.

(e)

Businesses operating during the summer season shall be renewed and fees paid annually by May 1. A late fee as set forth in the Town's Fee Schedule shall be assessed for seasonal renewals completed after May 1 after the applicant has already opened for business or engaged in business. Any business operating without a renewed business license by May 31 shall have his or her business license revoked and shall be required to apply for a new business license and comply with all requirements of this Code applicable to a new business license.

(f)

All applicable fees shall be paid at the time the application for a business license is filed with the Town Clerk.

(Prior code, §§ 10-1-6, 10-4-8; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2009-03, § 2, 5-11-2009; Ord. No. 2016-07, § 1, 6-13-2016)

No license shall be issued for the conduct of any business, and no permit shall be issued for any product or act, if the premises and building to be used for the purpose do not fully comply with the requirements of this Code. No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a violation of Chapter 16 of this Code.

(Prior code, § 10-1-8; Ord. No. 2016-07, § 1, 6-13-2016)

After receipt of a complete application, including the payment of all applicable fees therefor, and the results of any pertinent investigation of an application, the Town Clerk may issue a business license. The Town Clerk may impose any reasonable and necessary terms and conditions to any business license issued as authorized in Section 6-1-210 of this Article.

(Prior code, § 10-4-5; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

Each license or permit issued shall bear the signatures of the Mayor and the Town Clerk, in the absence of any specific provisions to the contrary. The Mayor may authorize in writing that his or her signature may be affixed by the Town Clerk by facsimile, rubber stamp or other method.

(Prior code, § 10-1-4; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by this Code or are reasonably necessary to secure compliance with any provision of this Code or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer or employee of the Town who is authorized or directed to make such inspection at any reasonable time that admission is requested. It is unlawful for such person to fail or refuse to admit such officer or employee for such purpose.

(b)

Whenever an analysis of any commodity or material is reasonably necessary to secure conformance with any provision of this Code or to detect violations thereof, it shall be the duty of the licensee to give to any authorized officer or employee of the Town requesting the same sufficient samples of such commodity or material for such analysis upon request. It is unlawful for such licensee to fail or refuse to give such samples to such officer or employee.

(c)

Conviction of a violation of any provision of this Section shall automatically forfeit and revoke any license issued under this Chapter; provided that there shall be no violation of this Section unless written demand is made upon the licensee or person in charge of the premises, in the name of the Town, stating that such inspection or sample is desired at the time it is sought to make the inspection of or obtain the sample.

(Prior code, § 10-1-10; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

The business licenses shall specify the name of the licensee; a business address; the nature of the business; the term of the license; the place to which the license attaches; the amount payable thereon; and the date upon which the license expires.

(b)

The Town Clerk shall keep on file an adequate record of all business licenses issued.

(Prior code, § 10-4-5; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

Every license granted under the provisions of this Chapter shall be posted in a conspicuous place at the business location for the full term of the license. Licenses shall be removed upon expiration. If it is not practical to post the license, the licensee shall keep the same accessible at all times and display the same to any officer of the Town when requested to do so. It shall be the duty of each person, or a designated representative or agent, to whom a license has been issued to show the same at any proper time if requested to do so by any Town official.

(Prior code, §§ 10-1-13, 10-4-9; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

The Board of Trustees shall have the right to impose any reasonable and necessary terms and conditions which it deems proper upon a business prior to the issuance of a business license therefor. In appropriate cases, the Board of Trustees may allow a business to operate upon a conditional occupational license while compliance is made with any such terms and conditions ordered by the Board of Trustees. If compliance is not accomplished within any reasonable time limits imposed by the Board of Trustees, a conditional occupational license may then be revoked by action of the Board of Trustees, following written notice to the owner, operator or agent of the affected business that such action may take place at the time specified in such notice, as provided in Section 6-1-230 of this Article.

(Prior code, § 10-1-14; Ord. No. 2016-07, § 1, 6-13-2016)

The location of any licensed business or occupation or of any permitted act may be changed, provided that ten days' notice thereof is given to the Town Clerk, in the absence of any provision to the contrary; and provided that the building and zoning requirements of this Code are complied with.

(Prior code, § 10-1-9; Ord. No. 2016-07, § 1, 6-13-2016)

No license issued under the provisions of this Article shall be transferable from person to person or place to place.

(Ord. No. 2016-07, § 1, 6-13-2016)

(a)

Excepting only temporary business licenses and in the absence of any specific provisions in this Chapter to the contrary, all business licenses shall expire on December 31 of each calendar year.

(b)

Temporary business licenses shall expire upon such date as specified on the temporary business license.

(Prior code, §§ 10-1-7, 10-4-10; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

It shall be the duty of each licensee on or before December 1 of each year to obtain a renewal thereof if the licensee remains in the retail business or liable to account for the sales tax collected, but nothing herein contained shall be construed to empower the Town Clerk to refuse such renewal except revocation for cause of the licensee's prior license.

(Prior code, § 3-7-3; Ord. No. 2008-03, 9-22-2008; Ord. No. 2016-07, § 1, 6-13-2016)

Application for a business license shall be made to the Town Clerk, who shall have the power to grant or deny such business license in accordance with this Section. The Town Clerk shall have authority to impose conditions on any business license to assure that the licensed business operates in compliance with all provisions of this Code and all Town regulations and to mitigate adverse impacts to other lawful land uses under the provisions of this Code. Denial shall be for cause. Due notice of the denial shall be provided to the applicant, which notice shall include the grounds for denial. The license fee paid for any license so denied, excepting any fee assessed for a new license, shall be returned to the applicant. Any of the following reasons may be considered cause for denial of a business license:

(1)

Failure to file any reports, to pay any required fees or taxes or to furnish information as may be required in the investigation or inspection of any application for a business license;

(2)

Previous revocation or suspension of a business license held by the applicant;

(3)

Nonconformance of the premises or building to be used for the business with the requirements of pertinent Town codes;

(4)

Nonconformance of the business with current zoning or, in the case of home occupations, incompatibility with adjacent land uses;

(5)

Undue congestion of public throughways;

(6)

Creation of a potentially hazardous or unsafe condition;

(7)

Posing a danger to public health; or

(8)

Any fact or condition exists which, if such fact or condition had existed or had been known to exist at the time of application for a business license, would have warranted the denial of such business license.

(Prior code, § 10-4-7; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

An applicant may appeal any license denial by the Town Clerk or license revocation by the Town Administrator to the Board of Trustees. The appeal shall be in writing, stating the grounds for the appeal, and shall be filed, together with a review fee as set forth in the Town's Fee Schedule, with the Town Clerk within five days of the decision of the Town Clerk or Town Administrator. Upon receipt of an appeal, the Board of Trustees shall provide the appellant opportunity for a public hearing. Following a reasonable time for the appellant to appear before the Board of Trustees and show cause why his or her license should not be denied or revoked, the Board of Trustees shall decide to uphold, modify or overturn the decision of the Town Clerk or Town Administrator. If the decision of the Town Clerk or Town Administrator is overturned by the Board of Trustees, the review fee shall be refunded in its entirety to the appellant.

(Prior code, § 10-4-12; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

The Town Clerk shall have the power to suspend any business license now or hereafter issued upon seven days' written notice to the licensee stating the contemplated action and, in general, the grounds thereof, and after reasonable opportunity to be heard, revoke any license issued by the Town if he or she finds that:

(1)

The licensee has failed to pay the annual license fee.

(2)

Fraud, misrepresentation or any false statement is contained in the application for the license.

(3)

The licensee has failed to file any reports or furnish any other information that may be required by the provisions relating to the specific license.

(4)

The licensee has violated any of the terms pertaining to his or her license or any regulation or order lawfully made relating thereto.

(5)

Any fact or condition exists which, if it had existed or had been known to exist at the time of the application for the license would have warranted the refusal of the issuance of such license.

(6)

The licensee has conducted the business in an unlawful manner or in such a manner as to constitute a breach of peace or a menace to the health, safety or general welfare of the public.

(7)

Conviction of any violation of federal, state or municipal law in the course of operation of the licensed business.

(8)

Repeated violations of one or more Town ordinances at the licensee's place of business, by the licensee or employees or patrons of the business.

(9)

The conduct of the licensee's business causes the Town to expend public funds beyond normal requirements to protect the public health, welfare and safety as a result of the conduct of the licensee's business.

(10)

The licensee remains in arrears in payment of sales tax to the State longer than 30 days after payment is due.

(11)

The business is of such a nature or is operated in such a manner that it is frequented by individuals who:

a.

Consistently disrupt the normal and reasonable peace and tranquility of the neighborhood; or

b.

By intimidation, threat, harassment or other hostile conduct seriously disrupt any other business in the immediate neighborhood, thereby causing such other business unreasonable economic loss.

(12)

The licensee fails to keep and maintain permanent records which, in accordance with accepted accounting practices as determined by the Finance Director, are necessary for establishing the licensee's sales tax liability.

(13)

For any other reason listed in this Article.

(b)

In the event that any license is revoked, all moneys paid therefor shall be and remain the moneys of the Town and no refund shall be made to any licensee.

(Prior code, §§ 10-1-11, 10-4-11; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2009-03, §3, 5-11-2009; Ord. No. 2016-07, § 1, 6-13-2016)

All hearings to revoke, suspend or cancel a license shall be before the Board of Trustees. The suspension or revocation of any license shall not release or discharge anyone from his or her civil liability for the payment of the taxes, penalty and interest or from the prosecution of the offense.

(Ord. No. 2016-07, § 1, 6-13-2016)

Upon refusal of any license, the fee therefor paid in advance shall be returned to the applicant. In the event that any license is revoked, all monies paid therefor shall be and remain the monies of the Town and no refund shall be made to any licensee.

(Prior code, § 10-1-12; Ord. No. 2016-07, § 1, 6-13-2016)

The Town shall have the right to recover all sums due by the terms of this Article by judgment and execution thereon in a civil action in any court of competent jurisdiction. Such remedy shall be cumulative with all other remedies provided herein for the enforcement of this Article.

(Prior code, § 10-4-13; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

If any business is operating without a license, the Mayor may issue an order to the business to cease and desist all further operation until a license is issued for the business. The order shall give the business three days to pay all amounts due the Town; or to post a bond in the amount owing the Town and to request in writing a hearing with the Town Clerk. If the business does nothing, it shall cease operations on the third day. The hearing will be before the Board of Trustees. The proceedings shall not relieve or discharge anyone from the civil liability for the payment of the taxes, penalty and interest or from the prosecution of the offense.

(Ord. No. 2016-07, § 1, 6-13-2016)

Failure to comply with the terms of this Article by payment of fees or to otherwise comply with the terms of this Article shall constitute a violation. Any person convicted of a violation of this Article shall be punished in accordance with the provisions of Section 1-4-20 of this Code.

(Prior code, § 10-4-14; Ord. No. 2004-02, § 2, 3-8-2004; Ord. No. 2016-07, § 1, 6-13-2016)

All words and phrases used in this Article shall have the same meaning attached by the Colorado Statutes regulating the sale and service of fermented malt beverage and liquor, or if not otherwise defined by law, as used in their common, ordinary and accepted sense and meaning.

(Prior code, § 3-6-1; Ord. No. 2016-07, § 1, 6-13-2016; Ord. No. 2019-04, § 1, 8-12-2019)

The various classes of licenses pertaining to the manufacture, sale and distribution of malt, vinous and spirituous liquors shall be as set forth by the state licensing authority in the Colorado Liquor Code.

(Prior code, § 3-6-2; Ord. No. 2016-07, § 1, 6-13-2016)

The Board of Trustees hereby finds, determines and declares that, considering the nature of the business of selling at retail 3.2% beer, malt, vinous or spirituous liquors for beverage purposes, and the relation of such business to the municipal welfare, as well as the relation thereof to the expenditures required by the Town and a proper, just and equitable distribution of tax burdens within the Town, and all other matters proper to be considered in relation thereto, the classification of said business as a separate occupation is reasonable, proper, uniform and nondiscriminatory, and the amount of tax imposed by this Article is reasonable, proper, uniform, nondiscriminatory and necessary for a just and proper distribution of tax burdens within the Town.

(Prior code, § 3-6-3; Ord. No. 2016-07, § 1, 6-13-2016)

Failure to comply with the terms of this Article by payment of taxes, securing and posting a receipt therefor, and to otherwise comply with the terms of this Article, shall constitute an offense and violation of this Code. Delinquency for each calendar month shall constitute a separate and distinct offense; however, no conviction for such violation shall work as a revocation of the license of the defendant issued under the laws of the State.

(Prior code, § 3-6-8; Ord. No. 2016-07, § 1, 6-13-2016)

No Town license shall be issued hereunder until the applicant has complied with all provisions of this Article and the Colorado Liquor Code, has received a license from the state licensing authority and has paid to the Town the necessary fees and taxes as set forth herein:

(1)

State license fees shall be set forth in the Colorado Liquor Code, Section 12-47-501, C.R.S.

(2)

Local license fees shall be as set forth in the Colorado Liquor Code, Section 12-47-505, C.R.S.

(3)

In addition to the above fees, the following occupational taxes shall be levied upon the issuance of each liquor license:

(Prior code, § 3-6-9; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

There is hereby established a liquor licensing authority, which shall have and is vested with the authority to grant and refuse licenses and special permits for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages; approve and deny applications for renewal and transfer of licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages; promulgate reasonable rules and regulations; conduct investigations; and suspend or revoke such licenses for cause, all in the manner provided by law. The liquor licensing authority shall have all powers of a local licensing authority as set forth in Articles 3, 4, and 5 of Title 44, C.R.S., as the same may be amended.

(b)

The liquor licensing authority shall consist of a Hearing Officer appointed by the Board of Trustees by resolution. The Board of Trustees shall appoint a second Hearing Officer who shall serve only when the Hearing Officer recuses himself or herself from a matter because of a conflict of interest or when the Hearing Officer provides notice that he or she is unable to serve for a defined period of time. The Hearing Officer may be removed with or without cause by a majority vote of the Board of Trustees.

(c)

The liquor licensing authority may adopt reasonable fines and rules and regulations governing its internal operations, and for carrying out the provisions of this Article and applicable State Statutes.

(d)

The Town Clerk shall serve as the secretary to the liquor licensing authority. The Town Clerk may attend, but shall not be required to, the meetings of the liquor licensing authority. The Town Clerk shall be responsible for posting and/or publishing all public notices as required by law.

(e)

The Town Attorney and the Town Clerk shall act in an advisory capacity to the liquor licensing authority.

(Ord. No. 2019-04 § 1, 8-12-2019

All new liquor licenses and transfers of liquor licenses which may be granted shall include the stipulation that the licensee or registered manager attend and show proof of attendance at a liquor code and responsibility class. Failure of the licensee or manager to show such proof will be grounds for the liquor licensing authority to deny or refuse a license. Proof of attendance must be provided to the liquor license authority within one year of issuance of said license or approval of transfer.

(Prior code, § 3-6-10; Ord. No. 2016-07, § 1, 6-13-2016; Ord. No. 2019-04, § 1, 8-12-2019)

Editor's note— Former § 6-2-60.

The liquor licensing authority is hereby authorized to approve an application for a special event permit for an event within the Town without notification or referral to the state licensing authority.

(Ord. No. 2015-02, § 1, 4-28-2015; Ord. No. 2016-07, § 1, 6-13-2016; Ord. No. 2019-04 § 1, 8-12-2019)

In accordance with Section 12-48-107(5)(a), C.R.S., the Town Clerk shall report to the Colorado Liquor Enforcement Division, within ten days after a special event permit is approved, the name of the organization to whom a permit was issued, the address of the permitted location and the permitted dates of alcohol beverage service.

(Ord. No. 2015-02, § 1, 4-28-2015; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

The Town hereby authorizes the issuance of special event permits for the sale, by the drink only, of malt beverages, or the sale, by the drink only, of malt, spirituous or venous liquors to the Town, organization and political candidates in accordance with this Division and pursuant to Section 12-48-101, et seq., C.R.S. No alcoholic beverages shall be sold at any special event until a special event liquor permit is obtained from the Town. The standards contained in this Division shall be considered in addition to all other standards and requirements applicable to the issuance of licenses under Section 12-47-101, et seq., C.R.S., the Colorado Liquor Code.

(b)

Any organization or political candidate desiring to sell alcoholic beverages at a special event shall obtain a permit from the Town by first completing a special event liquor permit application and paying a permit fee as set forth in the Town's Fee Schedule. An applicant must first file the application at least 30 days prior to the date of the event, unless waived by the Town for good cause shown.

(c)

The Town is hereby authorized to establish the procedures for processing a special event liquor permit application. The application must be verified by oath or affirmation. Public notice of the proposed permit and of the procedure for protesting issuance of the permit shall be conspicuously posted at the proposed location for at least ten days before approval of the permit by the Town. The Town shall promptly act upon each application for a special event liquor permit and shall either approve or disapprove such application.

(d)

Upon receipt of an application for a special event permit, the Town shall, as required by Section 12-48-107(5)(c), C.R.S., access information made available on the state licensing authority's website to determine the statewide permitting activity of the organization applying for the permit. Before approving an application, the Town shall consider compliance with Section 12-48-105(3), C.R.S., which restricts the number of permits issued to an organization in a calendar year.

(e)

The Town may deny issuance of a special event liquor permit if it determines that the issuance would be injurious to the public welfare because of the nature of the special event, its location within the community or the failure of the applicant in a past special event to conduct the event in compliance with applicable laws. Issued permits shall not be transferable.

(f)

The Town shall cause a hearing to be held if, after investigation and upon review of the contents of any protest filed by affected persons, sufficient grounds appear to exist for denial of a permit. Any protest shall be filed by affected persons within ten days after the date of the notice. The hearing shall be held at least ten days after the initial posting of the notice, and notice of the hearing shall be provided to the applicant and any person who has filed a protest.

(g)

As required by Section 12-48-107(5)(a), C.R.S., the Town shall report to the Colorado Liquor Enforcement Division, within ten days after it issues a permit, the name of the organization to which a permit was issued, the address of the permitted location and the permitted dates of alcohol beverage service.

(Ord. No. 2015-02, § 1, 4-28-2015; Ord. No. 2016-07, § 1, 6-13-2016)

This Chapter establishes the requirements for special events, parades, and block parties in the Town. Unless expressly stated herein, the requirements of this Chapter do not replace or substitute for other permitting requirements that may apply to activities held on public properties as may be set forth in other chapters of this Code.

(Ord. No. 2022-01, § 1, 7-25-2022)

Applicant or event organizer shall mean any person or organization who seeks a permit from the Town to conduct or sponsor an event governed by this Chapter. An applicant must be 18 years of age or older.

Block party shall mean a gathering of neighbors on a residential street including but not limited to barbecues, picnics, music, or games within Residential Zones R1, R1-A, R-2, ED, BA.

Coordinator shall mean the Communications and Events Coordinator or their designee.

Funeral or funeral procession shall mean a coordinated array of motor vehicles in which the lead vehicle displays a sign, pennant, flag, or other insignia furnished by a funeral home indicating a coordinated procession (unless led by a state or local law enforcement vehicle) and each vehicle participating in the procession is operating its headlights, as further described in the Model Traffic Code for Colorado

Gathering shall mean any gathering of less than 75 people, in which it does not obstruct the normal activities, operations, or flow of pedestrian or vehicular traffic on town owned property or which may create a significant risk of injury to the public or participants in the activity.

Parade shall mean a march or procession not primarily involving the communication or expression of views or grievances, consisting of persons, animals or vehicles, or combination thereof, on any street or highway, including sidewalks, which obstructs, delays, or interferes with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws or controls.

Permit or special event permit shall mean a permit issued for a special event as defined in this Section.

Permittee shall mean an individual, firm, partnership, corporation, association, organization, or other entity, who has been issued an event permit by the Coordinator.

Private event shall mean an invite-based registration event not open or advertised to the general public.

Private property shall mean property that is not owned or operated by the Town of Silverton.

Public entity shall mean the state; any institution, agency, instrumentality, authority, county, municipality, town and county, district, or other political subdivision of the state, including any school district and institution of higher education.

Public property for the purposes of this Chapter means any Town-owned park and/or facility including, but not limited to, public right-of-way.

Quasi-governmental agency shall mean an organization that is supported by the government but is managed privately and have a public mandate to provide given services that benefit the community.

Special event or event shall mean a block party, parade, street fair, festival, outdoor concert, art and craft show, carnival, fun run or walk, bike ride or race or foot race, or other outdoor event, that occurs on a street or highway, including sidewalks, or on a Town-owned or park, or on other property, including private property and property owned or leased by the Town, when event does not comply with traffic laws and controls or may, obstruct, delay or interfere with the normal activities, operations or flow of pedestrian or vehicular traffic on public property or may create a significant risk of injury to the general public or participants in the event.

Special event terms and conditions shall mean the document setting forth the administrative requirements, rules and regulations governing special events that is approved as to form by the Town Attorney and enforced by the Town.

Special events guide shall mean the policy document implementing and explaining the procedures to procure a special events permit.

Special Event Review Team (SERT) shall mean coordination with other Town staff to review a special event application.

Street or highway means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel including public rights-of-way such as sidewalks and bike lanes.

Town Administrator shall mean the Town of Silverton Town Administrator or their designee.

(Ord. No. 2022-01, § 2, 7-25-2022)

(a)

Any person desiring to conduct an event on Town property, including on private property where the event impacts a public right-of-way or adjacent public property uses, shall first obtain a permit under this Chapter.

(b)

An event permit shall not be required for the following:

(1)

Private property that does not involve the closure of any streets, alleys, sidewalks, or other public rights-of-way;

(2)

Parades involving a total of 50 or fewer pedestrians marching along a route that is restricted to sidewalks and which crosses streets only at pedestrian crosswalks in accordance with traffic regulations and controls; pedestrians participating in such parades shall cross streets in groups of 15 people or less, and shall allow vehicles to pass between each group;

(3)

Funeral processions;

(4)

Gatherings.

(Ord. No. 2022-01, § 3, 7-25-2022)

(a)

Special event permit applications may not be submitted sooner than one year prior to the event date. Such submissions by any person desiring to conduct a special event in the Town must occur not less than:

(1)

Thirty business days before the date of the event for block parties;

(2)

Forty-five business days before the date of the event for all other events not serving alcohol; or

(3)

Sixty business days before the date of the event for events involving the sale or service of alcohol.

(b)

Any person desiring to obtain an event permit must file a complete special events application, including all required attachments, and special event terms and conditions with the Coordinator within the time periods set in the special events guide.

(c)

The applicant shall pay to the Town all applicable fees and deposits in amounts determined by the Board of Trustees approved Fee Schedule to be sufficient to cover the full cost of processing and investigating such permit application and administering the permit program set forth in this Chapter when submitting the application.

(Ord. No. 2022-01, § 4, 7-25-2022)

(a)

The Coordinator shall approve, conditionally approve, or deny an application on the grounds specified in this Chapter if the total number of anticipated participants is under 75 within ten business days after receipt of a completed application and associated fees. The Coordinator will submit a completed operations plan to the Board of Trustees at the next available Regular Meeting of the Board of Trustees (2nd and 4th Monday of the month);

(b)

The Board of Trustees shall approve, conditionally approve, or deny an application on the grounds specified in this Chapter if the total number of anticipated participants is 75 and over, at the next available Regular Meeting of the Board of Trustees (2nd and 4th Monday of the month);

(c)

If the application is denied or conditionally approved, the Coordinator shall inform the applicant in writing of the grounds for denial or the conditions on the permit and the applicant's right of appeal under Section 6-2-270. If the Coordinator and/or the Board of Trustees relied on information about the event other than that contained in the application, they shall inform the applicant of such information.

(d)

If the Coordinator refuses to consider a late application, they shall inform the applicant in writing of the reason for the refusal, and of the applicant's right of appeal.

(Ord. No. 2022-01, § 5, 7-25-2022)

(a)

The Coordinator or Board of Trustees shall approve an application for an event permit unless they determine from a consideration of the submitted application and other pertinent information, that:

(1)

Information contained in the application, or supplemental information requested from the applicant, is materially false; or

(2)

The applicant has failed to complete the application within the time frame permitted in the special events guide after having been notified of any additional information or documents required; or

(3)

Another event permit or application has been received prior in time, or has already been approved (contractual events take precedent), to hold another event on the same date and time requested by the applicant, or so close in time and place as to cause undue traffic congestion, or burden the Town's ability to meet the demand for police, fire, or other emergency service anywhere in the Town; or

(4)

The time, route or size of the event will substantially interrupt the safe and orderly movement of traffic on or contiguous to the event site or route or will disrupt the use of a street or highway at a time when it is usually subject to traffic congestion; or

(5)

The size, nature or location of the event will present a substantial risk to the health or safety of the public or participants in the event or other persons; or

(6)

The size of the event will require diversion of a large number of peace officers of the Town to ensure that participants stay within the boundaries or route of the event, or to protect participants in the event, as to prevent normal protection to the rest of the Town; nothing herein authorizes denial of a permit because of the need to protect participants from the conduct of others, if reasonable permit conditions can be imposed to allow for adequate protection of participants with the number of peace officers available to police the event; or

(7)

The location of the event will substantially interfere with any construction or maintenance work scheduled to take place upon or along the Town streets, parks, or other Town facilities or a previously granted encroachment permit; or

(8)

The event shall occur at a time when a school is in session on a route or at a location adjacent to the school or class thereof, and the noise created by the activities of the event would substantially disrupt the educational activities of the school or class; or

(9)

The event involves the use of hazardous, combustible, or flammable materials which could create a fire or safety hazard; or

(10)

The event will violate an existing ordinance or statute and the Board of Trustees deny a request for variance to temporarily suspend the enforcement of certain code violations; or

(11)

The applicant has failed to pay costs, fees, or deposits for the application or for previous special events permits; or

(12)

The applicant has failed to abide by the requirements or conditions of previous special events permits.

(13)

Applicant fails to provide assurances satisfactory to the Coordinator that they will be able to provide for protection of participants, maintenance of public order, crowd security, and/or emergency vehicle access;

(14)

Applicant fails to provide proof that they have obtained all applicable license(s) or permit(s) required for conduct of the event or activities associated therewith;

(15)

An unforeseen circumstance occurs prior to or during the special event that diminishes the safety and security of the proposed event. This could include, but is not limited to, inclement weather such as a snowstorm, flood, or windstorm, natural hazard, or a fire, public safety, public works, or other event.

(b)

When the grounds for denial of an application for permit specified in Paragraphs (a)(4) through (a)(15) above can be corrected by altering the date, time, duration, route or location of the event, the Coordinator shall, instead of denying the application, conditionally approve the application upon the applicant's acceptance of conditions for permit issuance. The conditions imposed shall provide for only such modification of the applicant's proposed event as are necessary to achieve compliance with said Paragraphs.

(Ord. No. 2022-01, § 6, 7-25-2022)

The Coordinator and Board of Trustees may condition the issuance of an event permit by imposing reasonable requirements concerning the time, place and route of the event and such requirements as are necessary to protect the safety of persons and property and the control of traffic. Such conditions may include but are not limited to those as set forth in administrative policies and procedures, special events guide, and special event terms and conditions adopted by the Board of Trustees.

(Ord. No. 2022-01, § 7, 7-25-2022)

The applicant shall have the right to appeal the denial of a permit, the imposition of a permit condition, or a fee. A notice of appeal shall be filed with the Town Administrator's office with a copy to the Coordinator, setting forth the grounds for the appeal within three business days after receipt of a notice of denial or permit condition. Such receipt of notice shall be presumed three business days after the date of submission. The Town Administrator or their designee shall administratively review the decision to deny the permit or, impose conditions no later than five business days after receipt of the appeal notice. No hearing on the matter shall be required. The applicant and the Coordinator may present written evidence to assist the Town Administrator or designee's review. The Town Administrator or their designee shall render his or her written decision no later than one business day after reviewing the decision. If the Town Administrator cannot complete such review and decision at least one full business day prior to the time and date of an event, he or she promptly shall so notify the appealing application in writing, and said applicant shall be entitled, but not required, to seek Parks, Recreation and Building Committee Review of the permit denial or permit conditions with no further administrative review. The Parks, Recreation and Building Committee Review decision shall be final.

(Ord. No. 2022-01, § 8, 7-25-2022)

(a)

The Board of Trustees are authorized to promulgate such rules and regulations, and permit terms and conditions, as are necessary to effectuate the implementation, administration, and enforcement of this Chapter.

(b)

The Coordinator shall issue the event permit once the applicant has acknowledged and agreed in writing to comply with all the rules and regulations and special event terms and conditions of the permit, including but not limited to the following:

(1)

Indemnification agreement;

(2)

Insurance coverage;

(3)

Operational plan to include the following as outlined in the special events guide:

a.

Medical safety plan;

b.

Safety and security plan;

c.

Office of emergency management plan;

d.

Fire safety plan (if applicable);

e.

Site plan/route map requirements;

(4)

Public notification requirements;

(5)

Noise variance (when applicable);

(6)

Recycling and waste management plan;

(7)

Alcohol, smoking and firework restrictions;

(8)

Restoration requirements;

(9)

Sale of food, beverage, or merchandise restrictions;

(10)

Staking and utility locate restrictions;

(11)

Any and all special event terms and conditions.

Application approval may be dependent or conditioned on reasonable time, place, and manner restrictions as well as applicant's ability to address public property and safety concerns.

(Ord. No. 2022-01, § 9, 7-25-2022)

(a)

The applicant will also be responsible for providing required certificates of insurance and endorsements for general liability insurance naming the Town, its elected officials, officers, and employees as additional insureds and providing coverage in an amount necessary to cover any and all damage that may occur and to restore Town property to its pre-event condition.

(b)

Applicant shall agree to defend and hold harmless the Town, its elected officials, officers, and employees from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the event.

(c)

This Chapter shall not be construed as imposing upon the Town, its elected officials, officers, or employees any liability or responsibility for any injury or damage to any person in any way connected to the use for which a permit has been issued. The Town and its elected officials, officers and employees shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit, or the approval of any use of right-of-way.

(Ord. No. 2022-01, § 10, 7-25-2022)

(a)

The Coordinator or a designee may, at any time, revoke or terminate a permit that has been issued for the event if conditions change so that the permit application could have been denied in the first instance.

(b)

The Coordinator, a designee, SERT Team, San Juan County Sheriff's Department, Silverton-San Juan Fire and Rescue Authority, Emergency Medical Services, and/or the Office of Emergency Management may revoke or terminate the permit during the event if continuation of the event presents a clear and present danger to the participants or the public.

(c)

The Coordinator or designee may revoke the permit and terminate the event during the event for noncompliance with special event terms and conditions.

(d)

The applicant is not entitled to a refund of any fees paid if a permit is revoked.

(Ord. No. 2022-01, § 11, 7-25-2022)

(a)

It is unlawful for any person to sponsor or conduct a parade, or event requiring an event permit unless a permit has been issued for the event. It is unlawful for any person to participate in such an event with the knowledge that the sponsor of the event has not been issued a permit.

(b)

It is unlawful for any person to interfere with or disrupt an event or parade.

(c)

It is unlawful for any person to sponsor or conduct a special event that does not comply with all reasonable time, place, manner, and route restrictions deemed necessary by public safety officials.

(d)

The event permit authorizes the permittee to conduct only such event as is described in the permit in accordance with the special event terms and conditions. It is unlawful for the permittee to knowingly violate the special event terms and conditions, or for any event participant with knowledge thereof to knowingly violate the special event terms and conditions of the permit.

(e)

In addition to the penalties set forth in Sections 1-12, the Coordinator may consider the violation of the special event terms and conditions in approving or denying future event applications by the same applicant or organization.

(Ord. No. 2022-01, § 12, 7-25-2022)

(a)

Covered area. The Town encourages all eligible businesses operating on Greene Street and Blair Street between 7th Street and 15th Street (the "covered area") to apply for modification of premises as outlined in the Colorado Liquor Regulations and summarized in Colorado Department of Revenue Bulletin 21-05, attached to the ordinance from which this section is derived.

(b)

Covered businesses. Restaurants and on-premises liquor licensed establishments (collectively, "covered businesses") applying for allowable modifications in the covered area to conduct business, subject to the requirements set forth below.

(c)

Standards for covered businesses. All covered businesses in the covered area shall comply with the following criteria and standards:

(1)

Any temporary use areas such as sidewalk service areas shall be clearly demarcated and cordoned off in a manner that separates the temporary use area from neighboring businesses and public property. The Town will provide barriers for demarcation on a first come first served basis. If the Town's supply of barriers runs out, demarcation shall be done with high quality materials similar is construct to those provided by the Town that preserve the characteristics of the neighborhood and surrounding businesses. Flimsy posts, caution tape, string, or easily damaged and unsightly materials are not permitted. Barricades may be required to protect the area from vehicular traffic.

(2)

The temporary use area shall be maintained in good and clean condition. Trash shall be removed immediately and any trash or worn, deteriorated, or unsightly conditions shall be repaired.

(3)

Hours of operations: Patio/outdoor dining extensions of any kind authorized under this Division may operate from 7:00 a.m.—10:00 p.m.

(4)

Noise levels of the permitted use may be considered, and restrictions imposed to minimize the impact of the use.

(d)

Application. All covered businesses in the covered area that desire to Town right-of-way or property must first submit to and obtain approval from the Town Administrator or his/her designee. The application shall include:

(1)

A detailed description on how the right-of-way will be utilized and the type of barriers.

(2)

A map of the proposed use. The map should be on 8½ x 11 paper and include dimensions of the area, and should reflect table sizes, distance between tables, and any service stations.

(3)

All necessary accompanying application forms and documents as required by Colorado Liquor Regulations.

(e)

Waiver and insurance. Upon approval of the application, the applicant shall execute waiver and indemnification for the use of the Town's right-of-way and/or property and the applicant shall submit to the Town certificates of insurance naming the Town of Silverton as additional insured and evidencing valid insurance policies for the following:

(1)

General liability insurance with minimum combined single limits of $1,000,000.00 each occurrence and $2,000,000.00 aggregate.

(2)

Liquor liability insurance in the amount of $1,000,000.00 aggregate if applicable.

(f)

Defense to certain Town Code requirements. It shall be a defense to a charge of violating Silverton Municipal Code Sections 10-3-30 and 11-2-80, if the person is complying with and operating within the terms this Section and issued Colorado liquor permits as delineated in Addendum A to the ordinance from which this Division is derived.

(g)

Rulemaking and enforcement by Town Administrator. The Town Administrator is permitted, if needed, to implement any rules or regulations in furtherance of the equitable and fair implementation of this Section provided such rules or regulations do not substantively change the covered businesses and covered area. Participating businesses are required to comply with the Town of Silverton Outdoor Dining Standards Guide in addition to all adopted and relevant ordinances.

(h)

Violations. Violations of this Section may result in the revocation of a permit to use the right-of-way or property by the Town Administrator or a denial by the Town Administrator of the ability to participate in the permitting of the use of the right-of-way or property.

(i)

Term of approval. A covered business may operate in the covered area upon proper application and approval of any modified liquor license pursuant to Colorado Liquor Regulations.

(Ord. No. 2022-04, § 1, 5-3-2022)

(a)

Permit required. If an on-premises liquor-licensed establishment seeks to temporarily modify its premises, it must first obtain approval for the liquor license modification. The Hearing Officer for the Local Licensing Authority is authorized to review and approve applications for modifications of liquor-licensed premises requiring local government approval in accordance with Colorado Liquor Regulation 47-302. Any area in the Town's rights-of-way subject to a temporary use permit and a revocable license agreement shall no longer be considered to be a public thoroughfare during the term of such permit and license.

(b)

Definitions. For the purposes of this Section 6-2-410, on-premises liquor-licensed establishment shall mean an establishment that holds one of the following types of Colorado liquor license: hotel and restaurant; brew pub; distillery pub; vintner's restaurant; fermented malt beverage (FMB) on-premises; tavern; beer and wine; lodging and entertainment; optional premises license; club license; arts license; breweries, wineries and distilleries with an approved sales room.

(c)

Applications. Applications shall be completed on Colorado Department of Revenue Form DR 8442 or other applicable form and submitted to the Town Clerk.

(d)

Permit and duration. The Town Clerk shall contact the applicant once the Town and state have approved the applied for modification. The applicant shall comply with all state and local requirements, including the requirements contained in Colorado Liquor Regulation 47-302.

(Ord. No. 2022-04, § 2, 5-3-2022)

This Division, or any part hereof, may be repealed by the Board at any time. Such repeal shall be in the Board's sole discretion. No holder of a modified permit issued hereunder shall have any vested rights in continued operations or under a temporary use. Application for and receipt of a modified or temporary use permit affecting Town right-of-way or property constitutes a waiver of any claims a permittee may have against the Town based on a continued right to operate under such use.

(Ord. No. 2022-04, § 3, 5-3-2022)

To the extent any state and/or federal orders or laws are more restrictive than what is set forth herein, such orders control.

(Ord. No. 2022-04, § 4, 5-3-2022)

Tobacco Product Retail License.

(Ord. No. 2023-04, § 3, 5-22-2023)

For purposes herein:

Arm's length transaction means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of Section 6-3-150 is not an arm's length transaction.

Cigarette means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

(a)

Any roll of tobacco wrapped in paper or in any substance not containing tobacco;

(b)

Tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or

(c)

Any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in paragraph (a) of this definition.

(d)

The term "cigarette" includes roll-your-own, i.e., any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.

Cigar means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any other substance containing tobacco. For purposes herein, cigar includes, but is not limited to tobacco products known or labeled as a "cigar," "cigarillo" or "little cigar."

Consumer means a person who purchases tobacco products not for sale to another.

Department means the San Juan County Sheriffs Department, and/or any agency or individual designated to enforce the provisions of this Article.

Electronic smoking device or ESD:

(a)

Means any product, other than a product described in subsection (c) of this definition, that contains or delivers nicotine or any other substance intended for human consumption and that can be used by a person to enable the inhalation of vapor or aerosol from the product;

(b)

Includes any product described in subsection (a) of this definition and any similar product or device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor; and

(c)

Does not include:

1.

A humidifier or similar device that emits only water vapor; or

2.

An inhaler, nebulizer, or vaporizer that is approved by the federal food and drug administration for the delivery of medication.

Good cause means for the purpose of refusing or denying a license under this Article:

(a)

The licensee has violated, does not meet, or has failed to comply with;

1.

Any of the terms, conditions or provisions or of this Article; or

2.

A rule or regulation promulgated by the License Administrator pursuant to this Article, or.

(b)

The Licensee has failed to corn ply with:

1.

Any terms and conditions of the license including, but not limited to, any special terms and conditions placed on the License at the time the License was issued or any terms and conditions to the License subsequently modified by the License Administrator; or

2.

Any special condition placed on the license in a prior disciplinary proceeding or that arose in the context of a prior disciplinary hearing

License means a tobacco product retail license.

Licensing authority means the person(s) within Silverton designated by the Board of Trustees with responsibilities for administration of the license, i.e., issuance, renewal and collection of license fees.

License fee means the annual fee for a tobacco product retail license calculated to include the cost of administration of this Article, licensee education, inspections of licensed premises, regular compliance checks, documentation of violations (database management), and prosecutions of violations of licenses.

Little cigar means any roll of Tobacco other than a cigarette wrapped entirely or in part in tobacco and weighing no more than three pounds per thousand. "Little cigar" includes, but is not limited to, any product known or labeled as "small cigar" "cigarillo" or "little cigar."

Minor means a person under 21 years of age.

Minimum legal sales age means 18 years of age or older.

Person means any natural person, partnership, cooperative association, corporation, limited liability company, personal representative, receiver, trustee, assignee or other legal entity.

Sale or sell means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

"Self-service display" means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the licensee or an employee of the licensee and a direct person-to-person transfer between the consumer and the licensee or employee of the licensee. A vending machine is a form of self-service display.

"Tobacco paraphernalia" means any item designed for the consumption, use, or preparation of a tobacco product.

"Tobacco product" means:

(a)

Any product that contains, is made or derived from nicotine, tobacco or synthetic nicotine and is intended for human consumption, whether heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, nicotine product, mints, hand gels; and

(b)

An electronic smoking device;

(c)

Notwithstanding any provision of subsections (1) and (2) above to the contrary, "tobacco product" includes any component, part, accessory or associated tobacco paraphernalia of a tobacco product whether or not sold separately;

(d)

The term "tobacco product" does not include:

1.

Any product that contains marijuana; and

2.

Drugs, devices or combination products authorized for sale by the Food and Drug Administration (FDA) of the United States department of Health and Human Services as those terms are defined in the "Federal Food, Drug and Cosmetic Act," 21 U.S.C. sec. 301 et seq.

Tobacco product retailer means any person who sells, offers for sale, or does or offers to exchange for any form of consideration a tobacco product(s). "Tobacco product retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.

Tobacco product retailing means any person who engages in the sale of tobacco products directly to the public from any store, stand, booth, concession, outlet, vehicle, cart, vending machine, structure or any grounds or any other enterprise that Sells, offers for sale, or does or offers to exchange for any form of consideration tobacco products.

Youth oriented facility means a parcel in the town that is occupied by: (1) a private or public kindergarten, elementary, middle, junior high, or high school; (2) a library open to the public; (3) a playground open to the public; (4) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities; (5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes.

(Ord. No. 2023-04, § 3, 5-22-2023)

The licensing authority shall receive and process applications pursuant to the requirements herein.

(Ord. No. 2023-04, § 3, 5-22-2023)

The Town Clerk or his/her designee is designated to act as the tobacco product retail licensing authority and is hereby authorized and empowered to provide regulations to be promulgated by him or her to ensure compliance with the enforcement of this Article. The Town Clerk may require such records to be kept, or such business practice to be followed, to enable him or her to investigate, check and determine whether the wholesalers and retailers are complying with the terms and provisions hereof. The books and records of all wholesalers and retailers shall at all times be open to the inspection and examination of the Town Clerk and to the law enforcement departments, agents and employees of the Town.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

License required. It shall be unlawful for any person to act as a tobacco product retailer in Silverton without first obtaining and then maintaining a valid tobacco product retail license pursuant to this Article for each retail location where the activity is to occur.

(b)

Other municipal licenses. A license issued pursuant to this Article does not eliminate the need for the licensee to obtain other required licenses related to the operation of the licensee's business.

(c)

Display of license. Each tobacco product retail license shall be prominently displayed on the premises of the licensee in a publicly visible location.

(d)

Lawful business operation. In the course of tobacco product retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this Article for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to tobacco product retailing.

(e)

Minimum legal sales age. Tobacco products shall not be sold to any person under 21 years of age.

(f)

Minimum legal sales age signage requirements. Signage is required on the licensed premises indicating that tobacco products shall not be sold to any person under 21 years of age. The signage shall be prominently displayed at all entrances on the premises.

(g)

Minimum legal age to sell tobacco products. No person who is younger than 18 years old shall sell, stock, retrieve or other otherwise handle tobacco products during the course of employment.

(h)

Self-service displays prohibited. Tobacco product retailing by means of a self-service display is prohibited.

(i)

Positive identification required. No licensee shall sell or transfer a tobacco product(s) to an individual who appears to be under the age of 50 years without first examining the government issued photographic identification of the recipient to confirm that the recipient is at least the minimum legal sales age for tobacco products pursuant to C.R.S. § 44-7-103.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

Mobile vending. No License may be issued to authorize tobacco product retailing at a location other than a fixed location.

(b)

Under-age applicant. An applicant not of the minimum legal sales age for tobacco products is ineligible to obtain a tobacco product retail license.

(c)

Schools and facilities. Tobacco product retailing is prohibited near schools, public and private and areas with significant youth populations as follows:

1.

Except as provided in subsection (d) of this Section no new License may be issued, to authorize Tobacco Product Retailing within 1,000 feet of a public or private School or Youth-Oriented Facility as measured by a straight line from the nearest point of the property line of the parcel on which the School or Youth-Oriented Facility is located to the nearest point of the property line of the parcel on which the applicant's business is located. For the purposes of this subsection:

a.

School means: a private or public kindergarten, elementary, middle, junior high, or high school;

b.

Youth-oriented facility:

(i)

A playground open to the public;

(ii)

A youth center, defined as a facility where children, ages 6 to 17 come together for programs and activities;

(d)

A tobacco product retailer operating lawfully on effective date. A tobacco product retailer operating lawfully on the effective date of this ordinance who is ineligible to receive or renew a tobacco product retail license for a location pursuant to subsection (c) above and any licensee operating lawfully who becomes ineligible to receive or renew a license due to the creation of a new youth-populated area, may apply for and receive a one-time, non-renewable license for the location pursuant to the standard License application procedure described in Section 6-3-70.

(e)

Maximum number of licenses. The maximum number of tobacco product retail licenses issued by the Town at any time is limited to three. When the maximum number of tobacco product licenses has been issued, the Town may place persons seeking licensure on a waiting list and allow them to apply on a first-come, first-served basis as licenses are not renewed or arc revoked. A new applicant who has purchased a business location holding a valid tobacco product retail license will be entitled to priority, provided the new applicant meets all other application requirements in accordance with this Article.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

Application form. All tobacco product retail license applications shall be submitted on a form supplied by the license administrator and shall contain the following information:

1.

The name, address, and telephone number of each applicant seeking a license.

2.

The business name, address, and telephone number of the single fixed location where a License is sought.

3.

A name and mailing address authorized by each applicant authorized to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this Article. If an authorized address is not supplied, each applicant shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above.

(b)

Applicable laws. It is the responsibility of each applicant to be informed regarding all laws applicable to tobacco product retailing, including those laws affecting the issuance of a tobacco product retail license.

(c)

Review of license application. Upon receipt of a properly completed application, together with all information required in connection therewith and the payment of the License Fee as required by this Article the License Administrator shall transmit copies of the application to:

1.

Any other agency the License Administrator determines should properly investigate and comment upon the application.

2.

Application review; License Administrator. Within 20 days of receipt of a completed application, the License Administrator, and or his or her designee, and those referral agencies described in subsection (2) of this Section shall provide the Licensing Administrator with comments concerning the application.

(d)

Additional application information. If the License Administrator requests the applicant to provide additional information that the License Administrator reasonably determines to be necessary in connection with the investigation and review of the application, the applicant shall provide such information within five business days of the License Administrator's request, unless the License Administrator agrees to a longer period of time.

(e)

Conditional application approval. The License Administrator shall conditionally approve or deny an application within 30 days of the receipt of a completed application unless, by written notice to the applicant, the decision period is extended for an additional ten days if necessary for the License Administrator to complete the License Administrator's review of the application.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

The License Administrator shall issue a license under this Article when, from a consideration of the application, and such other relevant information as may otherwise be obtained, the License Administrator determines that:

1.

The application (including any required attachments and submissions) is complete and signed by the applicant, and the applicant has provided any additional information concerning the application requested by the License Administrator pursuant to Section 6-3-70;

2.

The applicant has paid the application fee required by Section 6-3-l00;

3.

The application does not contain a material falsehood or misrepresentation; an

4.

The granting of the application will not endanger public health or safety.

(b)

No applicant may rely on the issuance of a License as a determination by the Town that the applicant has complied with all laws applicable to tobacco product retailing.

(c)

Nothing in this Article shall be construed to vest in any person obtaining and maintaining a tobacco product retail license any status or right to act as a tobacco product retailer in contravention of any provision of law.

(d)

Any decision by the License Administrator with respect to the processing of an application for the issuance of a license pursuant to this Article shall be a final decision of the Town and may be appealed to the district court pursuant to Rule l 06(a)(4) of the Colorado Rules of Civil Procedure. The applicant's or licensee's (as applicable) failure to timely appeal the decision is a waiver the applicant's or licensee's right to contest the denial or conditional approval of the application.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

The License Administrator shall deny an application for a license under this Article if the License Administrator determine:

l.

Information contained in the application, or supplemental information provided by the applicant, is found to be false in any material respect;

2.

The applicant has had a License issued under this Article revoked within the two years immediately preceding the filing of the application, or the applicant owned a 50 percent or greater interest in any business entity that has had a license issued under this Article revoked within the two years immediately preceding the filing of the application;

3.

The applicant is currently indebted to the Town for any lawfully assessed tax or fee;

4.

The granting of the application will endanger public health or safety.

(b)

If the application is denied, the License Administrator shall clearly set forth in writing the grounds for denial by regular mail, postage prepaid, to the address shown in the application. The notice shall include the grounds for denial. Notice is deemed to have been properly given upon mailing.

(c)

Upon denial of an application the application fee shall not be refunded.

(d)

Authority to impose additional conditions on license. In addition to the standards terms and conditions set forth in Section 6-3-70, the License Administrator shall have the authority to impose such additional reasonable terms and conditions on a license as may be necessary to protect the public health, safety, and welfare, and to obtain compliance with the requirements of this Article and other applicable law.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

Fees. An applicant shall pay the License Administrator the annual license fee when the application is filed. The purpose of the license fee is to cover the cost of administration of this Article, licensee education, inspections of licensed premises, regular compliance checks, documentation of violations (database management), and prosecutions of violations of Licenses. For applications filed in 2023 the License Fee is $175.00. Thereafter, the License Fee shall be fixed as part of its annual budget process. Once paid, the License Fee is non-refundable except as may be required by law.

(b)

Separate cash fund. Immediately upon receipt or collection thereof, all fees and interest collected by the Town pursuant to this Article shall be deposited in a separate cash fund. Licensee Fees and interest shall be used only for the purposes described in subsection (a) of this section. Monies credited to such fund shall not be available to be pledged or expended, by interfund transfer or otherwise, for any general purposes.

(c)

[Annual budget process.] As part of the annual budget process, license fees charged shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs incurred in connection with the adoption, administration and enforcement of this Article.

If, for any reason, license fees are not fixed as part of its annual budget process the license fees for the preceding year shall continue in full force and effect until changed by the Board of Trustees.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

The term of a license, as defined by this Article 3, is one year.

(b)

Each tobacco product retailer shall apply for the renewal of the license and submit the applicable license fee no later than 40 days prior to expiration of the term to the license administration.

(c)

A licensee does not have a vested right or a property right in the renewal of a license issued pursuant to this Article.

(d)

The License Administrator may refuse to renew a license for good cause.

(e)

Renewal of license. A license is invalid if the license fee has not been timely paid in full or if the term of the license has expired.

(f)

Expiration of license. A license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subsection (B) of this Section, the applicant must:

1.

Submit the license fee and application renewal form; and

2.

Submit a signed affidavit affirming that the applicant has not sold and will not sell any tobacco product(s) after the license expiration date and before the license is renewed.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

A tobacco product retail license shall not be transferred from one person to another or from one location to another. A new license is required whenever a tobacco product retail location has a change in any owner(s) in an arm's length transaction.

(b)

Notwithstanding any other provision of this Article, prior violations at a licensed location shall continue to be counted against the location and license ineligibility periods shall continue to apply to the location unless:

l.

The location has been transferred to new business owner in an arm's length transaction; and

2.

The new business owner(s) provide clear and convincing evidence that the new business owner(s) has acquired or is acquiring the location in an arm's length transaction.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

Nothing in this Article shall be construed to grant any person obtaining or maintaining a tobacco product retail license any status or right other than the limited conditional privilege to act as a tobacco product retailer at the location identified on the face of the license. Nothing in this Article shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Article.

(b)

The Town may adopt and promulgate rules and regulations, in addition to those contained herein. Such rules and regulations, when promulgated, shall have the same force and effect as if incorporated in this Article.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

Compliance with this Article shall be monitored by the department. In addition, any peace officer may enforce the penal provisions of this Article. Any number of additional persons may be designated to monitor compliance with this Article.

(b)

All licensed premises must be open to inspection by law enforcement or other authorized official during regular business hours. From time to time, but at least one time per year, law enforcement, licensing authority, or other designee by the town administration will conduct compliance checks by engaging with persons over the age of 15 but less than 20 years to enter a licensed premises to attempt to purchase tobacco products.

(c)

Prior written consent is required for any minor who participates in a compliance check. Underaged individuals participating in compliance checks will be supervised by law enforcement or other designated personnel and will not be guilty of illegal possession or illegal procurement when those items are obtained as a part of the compliance check. The Town shall not enforce any law establishing a minimum age for tobacco product purchases or possession against an individual who otherwise might be in violation of such law because of the individual's age (hereinafter "Underage Operative") if the potential violation occurs when:

1.

The Underage Operative is participating in an inspection supervised by a peace officer, code enforcement official, or the Department designated to monitor compliance with this Article;

2.

The Underage Operative is acting as an agent of an individual, Department or group Designated by the City to monitor compliance with this Article; or

3.

The Underage Operative is participating in an inspection funded in part, either directly or indirectly through subcontracting, by the San Juan County Public Health Service, or the Colorado Department of Revenue, or any entity authorized to conduct inspections pursuant to C.R.S. § 25-14-101 et seq. and/or C.R.S. § 44-7-101 et seq.

(d)

All licensed locations with compliance or inspection violations must be re-checked by law enforcement or other designee by the town administration for compliance within 45 days of a violation.

(e)

Law enforcement or other designee by the town administration shall report compliance check results to the License Administrator.

(f)

A database of compliance check results and hearing outcomes shall be maintained by the San Juan County Sheriff Department or other designee by the town administration.

(g)

Nothing in this paragraph shall create a right of action in any licensee or other party against the Town or its agents.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

The Town has the authority to suspend, restrict or revoke a license or impose a fine upon any violation of these regulations or License requirements or any rule promulgated pursuant to these regulations.

(b)

Any violation of the license requirements may be subject to suspensions as outlined in section (d) below and/or be subject to the fines as delineated in C.R.S. § 44-7-106. Each day a violation exists shall be considered a separate occurrence subject to penalties and fines.

(c)

Any complaint of a violation of the license requirements shall be referred to the licensing authority and investigated if appropriate. If upon investigation a violation is found, a hearing on the violation will be presided over by the city's Hearing Officer. Upon the hearing officer's determination that a violation has occurred, the license may be suspended, restricted or revoked and/or a fine imposed. A licensee may appeal the determination of violation by the Hearing Officer at the same hearing in which the imposition of the penalty shall be determined.

(d)

Timeframe for suspension and revocation following violation.

l.

Upon a finding of a first violation of this Article within a three-year period at a licensed location the license shall be suspended for seven days;

2.

Upon a finding of a second violation of this Article within a three-year period at a Licensed location, the License shall be suspended for 30 days;

3.

Upon a finding of a third violation within a three-year period of this Article at a licensed location, the license shall be suspended for one year;

4.

Upon a finding of four violations within a three-year period of this Article at a licensed location, the license shall be revoked, and the licensee shall be deemed ineligible to apply for a license for two years.

(e)

In addition to any other penalty authorized by law, a license shall be suspended or revoked if a court of competent jurisdiction determines or the Town finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this Article or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any provision of this Article.

(f)

No fee previously paid by a licensee in connection with the application shall be refunded if such License is suspended or revoked.

(g)

The removal of all tobacco products from public view is required during any period in which the license is suspended or revoked.

(h)

When a license has been revoked no new license shall be issued to the same licensee for the period of two years after revocation pursuant to this Section 6-30-150.

(i)

Any decision made by the licensing authority with respect to the imposition of discipline against a licensee pursuant to this Article shall be a final decision of the Town and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's or licensee's (as applicable) failure to timely appeal the decision is a waiver of the applicant's or licensee's right to contest the denial or conditional approval of the application.

(j)

Revocation of license wrongly issued. A tobacco retail license shall be revoked if the department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 6-3-90 existed at the time application was made or at any time before the license was issued. The decision by the department shall be the final decision. Such a revocation shall be without prejudice to the filing of a new License application.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

A person required to have a valid License issued pursuant to this Article operating a business without a tobacco product retail license may be enjoined in an action brought in any court of competent jurisdiction.

(b)

For the purposes of the civil remedies provided in this Article:

1.

Each day that a Tobacco Product(s) is offered for sale in violation of this Article.

2.

Each Tobacco Product(s) distributed, sold, or offered for sale in violation of this Article shall constitute a separate violation of this Article.

(c)

In addition to other remedies provided by this Article or by other law, any violation of this Article may be remedied by a civil action brought by the Town, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

(d)

In any case in which the Town prevails in a civil action initiated pursuant to this Section, the Town may recover its reasonable attorney fees plus costs of the proceeding.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity.

(b)

Whenever evidence of a violation of this Article is obtained in any part through the participation of an individual under the minimum legal sales age to purchase tobacco products (under-aged operative) such individual shall not be required to appear or give testimony in any civil or administrative process brought to enforce this Article and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

(c)

Violations of this Article are subject to a civil action brought by the Town Attorney and are punishable by a civil fine not less than $250.00 and not exceeding $15,000.00 per violation.

(d)

Violations of this Article may, in the discretion of the Town Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.

(e)

Violations of this Article are hereby declared to be public nuisances.

(Ord. No. 2023-04, § 3, 5-22-2023)

(a)

Lawfulness. The production, sale and use of marijuana shall be lawful within the statutory limits of the Town, provided that all licensure, permitting, land use and other requirements established under this Code are satisfied, and provided that a business operating pursuant to the terms of this Article operates in conformance with all such requirements as established by Amendment 20, Amendment 64, the Colorado Medical Marijuana Code and/or the Colorado Retail Marijuana Code, and any such rules or regulations appurtenant thereto as the State may promulgate from time to time.

(b)

Local option. Pursuant to Section 12-43.3-106, C.R.S., and/or Section 16(5)(f) of Article XVIII of the Colorado Constitution, the Town, by and through either its elected authority or general electorate, maintains the right to declare, upon a majority vote of either the Board of Trustees or of the general electorate at a regular or special election called in accordance with the Colorado Municipal Election Code of 1965 or Uniform Election Code of 1992, or through the enactment of an ordinance, the activities contemplated herein to be unlawful.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

Terms used in this Article shall be given their plain meaning when not otherwise given explicit meaning in this Section. As used in this Article, the following words and phrases shall be construed with the following meanings:

Applicant means and includes any person seeking to obtain a license for the purposes of operating a lawful marijuana-related business within the jurisdictional limits of the Town.

Local Licensing Authority means that body responsible for granting final approval of and issuing municipal marijuana licenses to applicants. Such authority shall consist of the Board of Trustees, which shall approve local marijuana licenses by a simple majority vote unless and until the Board of Trustees, by resolution, prescribes an alternate approval process and/or delegates its authority vested herein.

Medical marijuana means marijuana that is grown and sold pursuant to the Colorado Medical Marijuana Code and includes seeds and immature plants.

Medical marijuana business means a medical marijuana center, a medical marijuana-infused products manufacturing business or an optional premises cultivation operation.

Medical marijuana center means a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business as described in Section 12-43.3-402, C.R.S., and sells medical marijuana to registered patients or primary caregivers, as defined in Article XVIII, Section 14 of the Colorado Constitution, but is not a primary caregiver.

Medical marijuana-infused product means a product infused with medical marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments and tinctures. Such products shall not be considered a food or drug for purposes of the Colorado Food and Drug Act, Part 4 of Article 5 of Title 25, C.R.S.

Medical marijuana-infused products manufacturing business means a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business as described in Section 12-43.3-404, C.R.S.

Optional premises means a property or portion thereof individually licensed in conjunction with a licensed medical marijuana center and employed as an ancillary growing facility servicing the latter.

Optional premises cultivation operation means any person operating a lawful, licensed business for the purpose of growing and cultivating medical marijuana in conjunction with either a licensed medical marijuana center or a medical marijuana-infused goods production facility.

Patient means any individual permitted to lawfully purchase, receive and use medical marijuana in accordance with the terms of Amendment 20 to the Colorado Constitution.

Person means and includes any natural person, partnership, association, company, corporation, limited liability company or any agent or officer thereof.

Primary caregiver means a person, other than a patient and the patient's physician, who is 18 years of age or older, who may lawfully engage or assist no more than five such patients at any given time in the provision and use of medical marijuana. When this relationship exists, the primary caregiver shall bear a significant responsibility for managing the well-being of his or her patients permitted to use medical marijuana by virtue of a debilitating medical condition.

Retail marijuana means 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, that is cultivated, manufactured, distributed or sold by a licensed retail marijuana establishment. Retail marijuana does not include industrial hemp, nor does it include fiber produced from stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administration, food, drink or other product.

Retail marijuana cultivation facility means an entity licensed to cultivate, prepare and package marijuana and sell marijuana to retail marijuana establishments, but not to customers.

Retail marijuana establishment means a retail marijuana store, a retail marijuana cultivation facility, a retail marijuana products manufacturing facility or a retail marijuana testing facility.

Retail marijuana product means concentrated retail marijuana and retail marijuana products that are comprised of retail marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments and tinctures.

Retail marijuana products manufacturing facility means an entity licensed to purchase retail marijuana, manufacture, prepare and package retail marijuana products, and sell retail marijuana and retail marijuana products only to other retail marijuana products manufacturing facilities and retail marijuana stores.

Retail marijuana store means an entity licensed to purchase retail marijuana from a retail marijuana cultivation facility, to purchase retail marijuana products from a retail marijuana products manufacturing facilities and to sell retail marijuana and retail marijuana products to consumers.

Retail marijuana testing facility means an entity licensed and certified to analyze and certify the safety and potency of retail marijuana.

State licensing authority means the Executive Director of the Colorado Department of Revenue, or the Deputy Director of the Department of Revenue if the Executive Director so designates.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

The Board of Trustees shall be the Local Licensing Authority for the Town for all medical marijuana business and retail marijuana establishment licenses.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

No person shall operate as a medical marijuana business or retail marijuana establishment without obtaining both state and local licenses therefor, the latter of which shall be considered and, if appropriate, issued by the Town consistent with the terms of this Article.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

Any individual registered with the State as a primary caregiver and operating lawfully as such under the terms of Sections 25-1.5-106(5) and (6), C.R.S., shall not be required to obtain a Town medical marijuana license. Any primary caregiver operating within the jurisdictional limits of the Town and receiving compensation for such services may nevertheless be subject to the business license requirements of Section 6-4-10 of this Article.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

Consistent with the Colorado Medical Marijuana Code, Section 12-43.3-401, C.R.S., and the Colorado Retail Marijuana Code, Section 12-43.4-401, C.R.S., and the types of lawful businesses enumerated therein, the Town shall consider and, if appropriate, issue the following types of local operational licenses:

(1)

License to operate a medical marijuana center.

(2)

License to operate a medical marijuana-infused products manufacturing business.

(3)

License to operate an optional premises cultivation operation.

(4)

License to operate a retail marijuana store.

(5)

License to operate a retail marijuana cultivation facility.

(6)

License to operate a retail marijuana products manufacturing facility.

(7)

License to operate a retail marijuana testing facility.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

Persons or entities seeking to operate any of the business types enumerated in Section 6-4-70 above within the jurisdictional limits of the Town shall first file and have approved a complete application tendered by the Town Clerk for such purposes. Applicants shall also remit an application fee in an amount as set forth in the Town's Fee Schedule and made payable to the Silverton Town Treasurer, and assessed in accordance with Section 12-43.3-503 and/or Section 12-43.4-503(3), C.R.S.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

The Town Clerk shall process applications submitted pursuant to this Article in the order in which applications for business licenses are received. When multiple applications are referred to the Local Licensing Authority for its consideration, the Local Licensing Authority shall consider the order of receipt in evaluating potential separation requirements as established in Chapter 16 of this Code.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

In accordance with the Colorado Medical Marijuana Code, Section 12-43.3-303, C.R.S., and the Colorado Retail Marijuana Code, Section 12-43.4-302, C.R.S., when presented with an application for a medical marijuana license, the Local Licensing Authority or its Town Staff designee shall conduct an investigation as to the merits of the application, the purpose of which shall be to render a determination on the propriety of issuing a license to the particular applicant and for the particular premises identified in the application.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

Upon receipt of a complete application for a license under this Article, the Local Licensing Authority may schedule a public hearing upon the application, to be held not less than 30 days after the date of filing the complete application. If the Local Licensing Authority elects to hold such hearing, the Town Clerk shall post and publish notice thereof not less than ten days prior to the scheduled date of such hearing and shall carry out all other public notice requirements as prescribed by Section 12-43.3-302, C.R.S., and/or Section 12-43.4-302, C.R.S.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

Not less than 30 days after the public hearing, the Local Licensing Authority shall issue its decision approving or denying the application for a local license. The decision shall be in writing and shall state the reasons for the decision. The Local Licensing Authority may schedule a public hearing upon the application shall send a copy of the decision by certified mail to the applicant at the address shown on the application. The Local Licensing Authority has authority to refuse to issue a license for good cause, subject to judicial review.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

Should the Local Licensing Authority not reject an application for good cause, it shall require the applicant to provide proof that any license application fee due to the State has in fact been duly paid to the Colorado Department of Revenue in accordance with the requirements established by the Colorado Medical Marijuana Code, Section 12-43.3-503, C.R.S., and the Colorado Retail Marijuana Code, Section 12-43.4-501, C.R.S. By verification through the Building Inspector or other appropriate authority as it may designate, the Local Licensing Authority shall also confirm the following:

(1)

The premises upon which the business to be operated are ready for occupancy;

(2)

The furniture, fixtures and equipment identified in the application are in place and operational; and

(3)

The premises are otherwise in compliance with the architect's drawing, plot plan and detailed sketch plan for the interior of the building submitted with the application.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

Upon approval of an application and verification of the terms established in Chapter 16, Article 7, Division 3 of this Code, the Local Licensing Authority shall approve an application and direct Town Staff to issue the proper license to the applicant, which shall be in a form to be approved by the Town Administrator.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

Upon approval of an application for local licensure, the Local Licensing Authority shall notify the state licensing authority of such action, following which the state licensing authority shall investigate and either approve or disapprove the application for state licensure. If the application for state licensure is denied, any approval for local licensure shall be considered null and void unless and until the state application is remedied and approved.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

An applicant seeking to renew an existing license issued under this Article may do so subject to an annual renewal fee in an amount as set forth in the Town's Fee Schedule, made payable to the Silverton Town Treasurer, and assessed in accordance with Section 12-43.3-503, C.R.S., and/or Section 12-43.4-501, C.R.S., and by and through a shortened renewal form as designated by the Town Administrator. Such form may elicit any such information as sought through the initial application process, but may also ask for additional information reasonably related to the renewal process. A licensee shall apply for the renewal of an existing license to the Local Licensing Authority not less than 45 days prior to the date of expiration.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

If, in the opinion of the Local Licensing Authority, a licensee otherwise permitted to operate a medical marijuana business or a retail marijuana establishment in accordance with the provisions of this Article and the provisions of the Colorado Medical Marijuana Code and/or the Colorado Retail Marijuana Code has failed to abide by the terms of any portion thereof, the Local Licensing Authority may suspend or revoke such license.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

If aggrieved by a decision of the Local Licensing Authority, the applicant may appeal the decision to the District Court pursuant to C.R.C.P. Rule 106(a)(4).

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)

(a)

Any business licensed by the Town pursuant to this Article shall maintain operational standards consistent with the Colorado Medical Marijuana Code and/or the Colorado Retail Marijuana Code and any state regulations as may be promulgated thereunder. Failure to comply with these provisions may result in fines and/or criminal penalties pursuant to the Colorado Medical Marijuana Code and/or the Colorado Retail Marijuana Code.

(b)

For the purpose of enforcing the provisions of this Article, all Town-licensed premises, including any places where medical marijuana is grown, stored, cultivated, sold or dispensed, shall be subject to inspection by Town Staff during all business hours and other times of apparent activity in accordance with the Colorado Medical Marijuana Code, Section 12-43.3-701, C.R.S., and the Colorado Retail Marijuana Code, Section 12-43.4-701, C.R.S.

(Ord. No. 2013-05, § 1, 11-11-2013; Ord. No. 2016-07, § 1, 6-13-2016)