§ 6-223 — Causes for denial

Sec. 6-223. - Causes for denial.

(a) In addition to the grounds set forth in the Colorado Marijuana Code and chapter 32 of this Code, any application submitted pursuant to this article V shall be denied if: (1) The issuance of a license or permit to the applicant or licensee would not comply with any applicable state or local law, including, but not limited to, the Colorado Marijuana Code, this article V, and any rules and regulations adopted pursuant thereto; (2) The manager determines after review of the entire record, that the applicant or licensee has failed to prove by a preponderance of the evidence that the reasonable requirements of the neighborhood and the desires of the adult inhabitants therein support the issuance of a medical or retail marijuana store license, marijuana hospitality business license, or retail marijuana hospitality and sales business license; (3) The issuance of a license at the subject location would create a neighborhood of undue concentration; (4) A second or additional license to the same applicant would have the effect of restraining competition; (5) The applicant or licensee has previously operated a licensed premises in a manner that adversely affects the public health, welfare, or the safety of the immediate neighborhood in which the business is located; (6) The applicant or licensee has failed to comply with any terms or conditions that were placed on its license or permit pursuant to an order of the manager or state licensing authority; (7) The applicant or licensee fails to provide a valid lease, rental agreement, or other documented arrangement for possession showing that the applicant or licensee is entitled to possession of the premises identified in the application; (8) The applicant or licensee fails to complete any required inspections or obtain any necessary permits for the proposed premises; (9) The applicant or licensee fails to obtain or maintain a corresponding state license or permit that is in full compliance with the Colorado Marijuana Code and any other applicable state law or regulation; (10) The applicant or licensee has a license history that does not warrant the confidence of the manager that the applicant or licensee will operate lawfully based on prior violations or failures to comply with any applicable regulatory or administrative provisions of state or local laws regulating marijuana, or rules and regulations adopted pursuant thereto; or (11) The applicant or licensee's criminal character or criminal record poses a threat to the regulation or control of marijuana, subject to the provisions of C.R.S. § 44-10-307, as amended. In doing so, the manager may incorporate any findings as to residency, moral character, and criminal character or history, including marijuana convictions, previously made by the state licensing authority.

(Ord. No. 216-21, § 2, 4-19-21; Ord. No. 217-21, § 1, 4-19-21; Ord. No. 960-22, § 1, 9-19-22; Ord. No. 1003-25, § 3, 7-28-25)