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Broomfield’s retail marijuana regulations — which City Council approved Tuesday night on second reading — are slated to go into effect May 3.

The licensing process will also begin May 3, the day the moratorium expires. Applications will be accepted July 2 through Aug. 31.

Despite voting on nine proposed amendments at the first reading of regulations in February, an additional eight amendments were brought up and voted on during Tuesday’s meeting.

Mayor Pro Tem Guyleen Castriotta proposed an amendment that would ensure no person or entity can apply for more than one license in any location. She said her intention was to ensure the three initial licenses are fairly distributed among businesses. Many councilmembers spoke in support of it, and the motion passed unanimously.

Councilman Stan Jezierski’s proposed an amendment to further define signage restrictions for the retail shops. He said the language was taken from Lafayette and Boulder regulations.

“The first part of what I’m proposing does put a prohibition on using words like ‘pharmacy,’ ‘pharmacist’ and similar phrases,” he said. “The second paragraph of what I’m proposing addresses deceptive advertising, and the third puts a prohibition on advertising under certain mediums.”

The amendment passed unanimously.

Councilwoman Kimberly Groom added an amendment to Jezierski’s amendment that would prohibit using a green medical neon cross in signage, or signage that alludes to a pharmacy or medical-related facility. The motion passed 6-4.

Councilwoman Jean Lim proposed the confiscation of fake IDs if found at retail marijuana shops, and the motion passed unanimously.

“If the Broomfield Police Department noticed a pattern of fraudulent usage, they would do some kind of investigation,” she said. “I certainly think this is a big step to solidify Broomfield’s regulations.”

Groom proposed an amendment that would not allow more than 30% active tetrahydrocannabinol concentration in non-edible and non-medical marijuana products, and Councilwoman Laurie Anderson also wanted to combat the high-potency products. Anderson said she didn’t think she could pass the regulations without the amendment.

Councilman William Lindstedt said he was frustrated such a substantive amendment was brought up the day of the second reading.

“I wish it would’ve come to us sooner to understand what it would do,” he said. “I don’t see the need with what I view as a poison pill amendment in these regulations the day of second reading.”

The motion failed 7-3, with Councilwoman Elizabeth Law-Evans casting the third “yes” vote.

Anderson also proposed an amendment that would not allow dispensaries to offer, distribute or transfer products used for dabbing, a method of consuming concentrated cannabis oil. The motion failed 7-3.

Councilwoman Heidi Henkel proposed an amendment to the drive-thru regulations that would allow people under the age of 21 to be in the vehicle. She said it didn’t make sense that she could take a child into a liquor store but not through a dispensary drive-thru. The vote was tied at 5-5, and Mayor Pat Quinn broke the tie voting yes, allowing the amendment to pass.

Anderson also proposed looking into forming a marijuana task force in the future. The motion passed 9-1.

Law-Evans proposed an amendment that would require marijuana regulations to automatically sunset after three years, which would reinstate the moratorium, unless council specifically extended the regulations.

“And the reason I want to go through this is because, as witnessed by the number of amendments coming forward tonight on second reading, and the confusion about this fact or that fact and the question marks, I would say it’s almost guaranteed we are not going to get this right the first go-around for Broomfield,” she said.

The motion was not seconded and subsequently failed.

Before Tuesday, Law-Evans requested a discussion during the meeting about potentially extending the marijuana sale moratorium and putting the issue on a ballot for voters. The discussion occurred at the end of the council meeting.

“In realizing some weeks ago that it was highly likely that we were going to bring forward and pass marijuana regulations, which we just did, I wanted to have a public discussion about the fact that you do not have to let the moratorium expire,” she said. “I feel very strongly this needs to go in front of voters. I’d like to extend the moratorium until such time as we put the questions of retail and medical marijuana sales to voters.”

Castriotta asked Law-Evans how many opportunities she’s had to put the idea on a ballot before passing a moratorium extension.

Law-Evans said she didn’t think that was a relevant question. She said she didn’t think the process that was initially presented to voters was straight-forward.

“This process has been deeply flawed from the beginning. I’m far more interested in looking toward the future and how we can best serve our residents than I am scoring political points such as you’re trying to do right here,” Law-Evans told Castriotta.

No one supported extending the moratorium. Quinn said he didn’t agree the process was behind-the-scenes and took it personally, but he respected Law-Evans’ intentions.

Castriotta noted Broomfield’s Citizen Initiative and Referendum, which allows residents the ability to put something on the ballot.

Financial update

Also during the second reading Chief Financial Officer Brenda Richey updated the council about the projected fiscal impact of marijuana sales.

She said after the first reading, staff revisited calculations based on council direction “to really understand the potential fiscal impact on both the revenues and expenditures.”

According to Richey’s presentation on Tuesday, one retail location would bring an estimated annual revenue of $223,884, with $114,002 coming from the 4.15% city sales tax and $109,882 coming from the 4% special tax that voters approved in November. According to the resolution, the original memorandum anticipated $117,068 in revenue from one location.

Richey explained the original estimates extrapolated data from revenue generated from the total number of unique locations in the city and county of Denver, which was 475, which was reported in their annual financial statements. But it has since been determined the total number of locations is closer to 180, she said, which is largely due to the fact that many locations consist of multiple licensed entities, like housing both retail and medical facilities.

“Staff determined one location could generate approximately $2.7 million in retail gross sales which results in an annual revenue of $224,000 for both city and special sales tax for a single location,” she said.

Multiplied by a potential of five locations, the total revenue would be about $1.1 million.

To view a map of eligible parcels of land for retail shops, go to https://bit.ly/2Q5PhYv.