RESOLUTION 16-193

THE BOARD OE COENTY COMMISSIONERS
OF PUEBLO COUNTY, COLOMBO

REFERRING AND SETTING THE TITLE OE AN INITIATED BALLOT QUESTION OR THE
NOVEMBER 2016 GENERAL ELECTION SEEKING TO PROHIBIT THE OPERATION OF
RETAIL MARIJUANA TESTING FACILITIES, RETAIL MARIJUANA CULTIVATION
FACILITIES, RETAIL MARIJUANA PRODECT MANUFACTURING EACILITTES, ANB

- RETAIL MARIJUANA STORES

WHEREAS, Article Section 16(5)(f) of the Colorado Constitution authorizes citizens to
bring an initiated measure to prohibit the operation of one or more classes of licensed retail marijuana
establishments at the county level; and - 

WHERE-AS, (IRS. 304 "1?1035 directs citizens and county governments to apply the default
municipal. initiative procedures in Title 31, Article II, CRS. when'a county-level initiated measure is
otherwise authorized: and.

WHEREAS, citizens of Pueblo County collected signatures to initiate an ordinance that would
prohibit the operation of all retail marijuana testing facilities, retail marijuana cultivation facilities, retail
marijuana product manufacturing facilities, and retail marijuana stores within unincorporated Pueblo
County; and

WHEREAS, the petition representatives submitted signed petitions to the Pueblo County Clerk
and Recorder, who issued a final determination of petition suf?ciency on July 26, 2016, con?rming that
that the petition representatives had collected a sufficient number of valid signatures to place the measure
on the November 2016 ballot; and

WHEREAS, under the default initiative procedures imposed through C.R.S. 30?ll?103.5, this
Board is now charged with setting the title for the petition representatives? initiated measure and with.
referring the measure to the voters of Pueblo County.

NOW, IT RESOLVED by the Board of County Commissioners of Pueblo
County, Colorado, that:

I. BALLOT QUESTION TITLE

or the proposed ordinance attached to this Resolution as Exhibit A, the Board sets the ballot
question as follows:

Ballot Question.

SHALL THE PUEBLO COUNTY CODE BE AMENDED BY ORDINANCE TO PROHIBIT ALL
LICENSED RETAIL MARIJUANA ESTABLISHMENTS IN ALL AREAS
UNDER THE LICENSING JURISDICTION OF PUEBLO COUNTY, BY REQUIRING ALL EXISTING
RETAIL MARIJUANA TESTING FACILITIES, RETAIL MARIJUANA CULTIVATION FACILITIES,
RETAIL MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND RETAIL MARIJUANA
STORES TO CLOSE BY OCTOBER 31, 20l7 AND BY IMMEDIATELY PROHIBITING PUEBLO
COUNTY FROM APPROVING ALL NEW LICENSES FOR THESE 

RESULUTEGN ND, 16~ 1.93 (CONTEN HEB)
H. Ret?ewa?

Pursuant to the provisions the Board hereby refers to the voters ofPuebio
County, Colorado, the attached proposed ordinance to be considered at the November 2016' Genera}
Election to appear on the bailot in the form set forth in Section I of this Resolution and. that staff is directed
and authorized to perform any and ail acts consistent with the intent of this Resolution.

PASSED AND AEEQPTEB this 15* day of August, 2016, in Pueblo County, Coiorado.

THE ROAM 0F CUUNTY CQMMESSEDNERS
GF PUEBLO CQUNTY, COLGWO

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Liane ?Ruf?e? M'eF-adyen, Chair  

ATTEST:

 
   

By:

 

Gilbert Ortiz, County Clerk??

16 

EXHIBIT A

ORDINANCE NO.

AN ORDINANCE AMENDING CHAPTER 5.12 OF THE PUEBLO COUNTY CODE BY
THE ADDITION OF A NEW SUBSECTTON

BE IT ORDAINED BY THE PEOPLE OF PUEBLO COUNTY that:

The Pueblo County Code is hereby amended by the addition of two new subsections to Section
5.12.140 to read as follows:

5.12.140 Unlawful Acts: License Violations and Enforcement

S. Notwithstanding any other provision of law, it is unlawful and a violation of this Chapter to
license or operate a retail marijuana cultivation facility, a retail marijuana product manufacturing
facility, a retail marijuana testing facility, or a retail marijuana store within Pueblo County
effective on the earliest date allowed by law.

T. Notwithstanding any other provision of law, all existing retail marijuana cultivation facilities,
retail marijuana product manufacturing facilities, retail marijuana testing facilities, and retail
marijuana stores Operating within Pueblo County on November 7, 2016, may continue to Operate,
provided their licenses are renewed and retained in accordance with this Chapter, until October
31, 2017, on which date all such existing marijuana establishments shall be permanently closed.