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Medical Marijuana Ballot Initiative <br />July 1, 2014 <br />Page 3 <br />collectives /cooperatives to the primarily industrial areas in the southeast and southwest <br />portions of the City. Based on the revised 500 foot separation requirement between <br />collectives /cooperatives, staff estimates that as many as (18) collectives /cooperatives may <br />be able to locate in the proposed areas (refer to Alternative Section 18 -615). <br />Implement a cooperative /collective registration application and Regulatory Safety Permit. <br />In this process, the Director of Planning and Building or their designee will review and <br />process the registration application. If the application is deemed complete and in <br />compliance with the established standards the business will be able to apply for the <br />Regulatory Safety Permit which will be reviewed and issued by the Chief of Police, <br />Regulatory Safety Permits must be renewed annually unless revoked. This process would <br />replace the previously proposed Conditional Use Permit requirement. <br />Analysis — The development of a registration and Regulatory Safety Permit process to <br />replace the proposed Conditional Use Permit process addresses concerns regarding legal <br />challenge from the medical marijuana community. Additionally, requiring annual renewals <br />will provide the City with an opportunity to review and potentially revoke the Regulatory <br />Safety Permit in cases where a medical marijuana collective /cooperative is not operating <br />within the specified guidelines (refer to Alternative Section 18 -617). <br />3. Include a sunset provision to repeal the proposed ordinance unless it is readopted by the <br />City Council. <br />Analysis — The provision for a sunset on the proposed ordinance is an alternative to the <br />provision to allow the City Council to make future amendments to the ordinance without <br />requiring voter approval. Both options provide the City with a greater amount of flexibility <br />to make changes to the proposed ordinance should issues arise after its initial <br />implementation (refer to Alternative Section 6). <br />4. Remove language regarding medical marijuana testing and testing logs from the proposed <br />ordinance. <br />Analysis — The requirements regarding testing and testing logs are intended to protect the <br />end consumer of medical marijuana by ensuring that collectives /cooperatives are <br />maintaining a sufficiently high standard of product. The City is not equipped to address <br />issues relating to the testing of medical marijuana and would recommend removing this <br />language and deferring to these requirements to the state legislature. <br />5. Utilize Request for Proposals process to select medical marijuana <br />collectives /cooperatives. <br />Analysis — The proposed ordinance includes a provision for the use of a lottery in order to <br />allocate the final number of permitted collectives /cooperatives within the eligible zones <br />while implementing the separation requirements. In contrast to the lottery system to <br />allocate collectives /cooperatives, staff received feedback that the City could instead issue <br />requests for proposals to solicit applications from potential collectives /cooperatives and <br />55D -3 <br />