§ 5.10.020. Definitions.

A.

As used in this chapter, the following words or phrases shall have the following meanings:

Amendment 20 means that certain voter initiated amendment to the Colorado Constitution adopted November 7, 2000, which added Section 14 of Article XVIII to the Colorado Constitution.

Applicant means any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this chapter. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers and directors of such entity.

Colorado Medical Marijuana Code means Article 11 of Title 44 of the Colorado Revised Statutes, as amended.

Cultivation means the process by which a person grows a marijuana plant.

Dwelling unit shall mean one or more rooms and a single kitchen and at least one bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building.

Financial interest means an ownership interest, a creditor interest, or a directorship or officership.

Good cause for purposes of denying, refusing to renew, suspending or revoking a license, means:

1.

The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of this chapter, any rules promulgated pursuant to this chapter, or any supplemental state or local law, rules, or regulations;

2.

The licensee or applicant has failed to comply with any special terms or conditions that were placed on its license pursuant to an order of the state or local licensing authority; or

3.

The licensed premises have been operated in a manner that adversely affects the public health or welfare or the safety of the immediate neighborhood in which the licensed premises is located. Evidence to support such a finding can include, without limitation, a continuing pattern of disorderly conduct, a continuing pattern of drug related criminal conduct within the licensed premises or proposed licensed premises or in the immediate area surrounding such premises, a continuing pattern of criminal conduct directly related to or arising from the operation of the medical marijuana business or an ongoing nuisance condition emanating from or caused by the medical marijuana business.

Leasable square feet means the total floor area of building designed for tenant occupancy and exclusive use, including any basements, mezzanines, upper floors, or storage areas.

License means a document issued by the city officially authorizing an applicant to operate a medical marijuana business pursuant to this chapter.

Licensee means the person to whom a license has been issued pursuant to this chapter.

Licensed premises means that portion of a property, building, or other structure which is owned or in possession of the licensee and which is used for the purpose of storing, processing, displaying for sale, selling or otherwise distributing medical marijuana or other products by a licensee.

Local licensing authority means the City of Louisville local licensing authority.

Location means a particular parcel of land that may be identified by an address or other descriptive means.

Medical marijuana means marijuana that is grown and sold pursuant to the provisions of this chapter and for a purpose authorized by Section 14 of Article XVIII of the Colorado State Constitution.

Medical marijuana business shall mean a medical marijuana center, medical marijuana-infused products manufacturer or a medical marijuana testing facility.

Medical marijuana center means a person licensed pursuant to this chapter to operate a business as described in the Colorado Medical Marijuana Code and this chapter that sells medical marijuana to registered patients or primary caregivers, but is not a primary caregiver.

Medical marijuana delivery business means a medical marijuana business that delivers medical marijuana to a patient or primary caregiver at a location other than a licensed premises.

Medical marijuana-infused products manufacturer means a person licensed pursuant to this chapter to operate a business as described in the Colorado Medical Marijuana Code and this chapter.

Medical marijuana paraphernalia or paraphernalia means devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming medical marijuana, including, but not limited to, rolling papers, related tools, water pipes and vaporizers.

Medical marijuana testing facility means an entity licensed to analyze and certify the safety and potency of medical marijuana.

Minor patient means a patient less than 18 years of age.

Patient means a person who has a debilitating medical condition as defined in Amendment 20.

Person means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof.

Premises means the legal parcel of property upon which a medical marijuana business [is located].

Primary caregiver means a natural person, other than the patient and the patient's physician, who is 18 years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.

Registry identification card means that document, issued by the state, which identifies a patient authorized to engage in the medical use of marijuana and such patient's primary caregiver, if any has been designated.

State licensing authority means the authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of medical marijuana in this state, pursuant to the Colorado Medical Marijuana Code.

B.

In addition to the definitions provided in subsection A. of this section, other terms used in this chapter shall have the meaning ascribed to them in the Colorado Medical Marijuana Code, C.R.S. § 25-1.5-106, and the rules and regulations promulgated by the state licensing authority, and such definitions are hereby incorporated into this chapter by this reference.

(Ord. No. 1590-2011, § 1, 3-15-2011; Ord. No. 1769-2019, §§ 1, 2, 2-5-2019)