File #: 2018-6182   
Type: Regular Agenda Item
Body: Open Government Commission
On agenda: 11/14/2018
Title: Hearing on Sunshine Ordinance Complaint Filed October 30, 2018
Attachments: 1. Exhibit 1 - 10/16/18 Council Materials, 2. Exhibit 2 - Complaint, 3. Exhibit 3 - Email, 4. Exhibit 4 - 11/7/2018 Council Materials, 5. Exhibit 5 - Draft Commission Decision, 6. Communication from Chair Little

Title

Hearing on Sunshine Ordinance Complaint Filed October 30, 2018
Body

To: Honorable Members of the Open Government Commission

From: Alan Cohen, Acting City Attorney

Background

In compliance with the Sunshine Ordinance, the City Clerk on October 4, 2018 published the agenda and supporting materials for the City Council's meeting on October 16, 2018. In relevant part, the title for Agenda item 6-G provided that there would be a public hearing to consider the introduction of an ordinance to amend the Municipal Code in a number of respects concerning cannabis businesses, for example, by adding cannabis retail businesses as conditionally permitted uses in certain zoning districts, by adding two "delivery-only" Cannabis Retail Businesses as a conditionally permitted use in the C-M, Commercial-Manufacturing Zoning District, eliminating the dispersion requirements for "delivery-only" cannabis businesses. The agenda and supporting documents for this item are attached as Exhibit 1.

The City Council conducted a public hearing on these items on October 16, 2018. During the public hearing, Council resolved to include in the amendments a modification to the amendment allowing two "delivery-only" dispensaries, such that these cannabis businesses would be required to offer delivery of cannabis ("delivery required") and would also be open to the public, in recognition that the State and local requirements for either ("delivery-only" versus "delivery required") would be the same. Following the close of the public hearing the City Council introduced on first reading an ordinance amending various sections of the Municipal Code concerning cannabis businesses, including that two "delivery required" dispensaries, which would be open to public, be allowed. In response to a question about whether the ordinance could be introduced that evening with the inclusion of the two "delivery required" dispensaries as conditionally permitted uses, the City Attorney advised yes.

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