Colorado § 44-10-303 - Public hearing notice - posting and publication.

§ 44-10-303. Public hearing notice - posting and publication.

(1) Medical marijuana business licenses.

(a) Upon receipt of an application for a local license for a medical marijuana business, except an application for renewal or for transfer of ownership, a local licensing authority may schedule a public hearing upon the application to be held not less than thirty days after the date of the application. If the local licensing authority schedules a hearing for a medical marijuana business license application, it shall post and publish public notice thereof not less than ten days prior to the hearing. The local licensing authority shall give public notice by posting a sign in a conspicuous place on the license applicant's premises for which license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.

(b) Public notice given by posting must include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. The sign must contain the names and addresses of the officers, directors, or manager of the facility to be licensed.

(c) Public notice given by publication must contain the same information as that required for signs.

(d) If the building in which medical marijuana is to be cultivated, manufactured, or distributed is in existence at the time of the application, a sign posted as required in subsections (1) and (2) of this section must be placed so as to be conspicuous and plainly visible to the general public. If the building is not constructed at the time of the application, the applicant shall post a sign at the premises upon which the building is to be constructed in such a manner that the notice is conspicuous and plainly visible to the general public.

(2) Medical marijuana application review.

(a) When conducting its application review, the state licensing authority may advise the local licensing authority of any items that it finds that could result in the denial of the license application. Upon correction of the noted discrepancies, if the correction is permitted by the state licensing authority, the state licensing authority shall notify the local licensing authority of its conditional approval of the license application amendments. The state licensing authority shall then issue the applicant's state license, which is conditioned upon local authority approval.

(b) All applications submitted for review must be accompanied by all applicable state and local license and application fees. All application fees provided by an applicant must be retained by the state licensing authority, and a local licensing authority may retain the applicant's application fees.

(3) Retail marijuana business licenses.

(a) If a local jurisdiction issues local licenses for a retail marijuana business, a local jurisdiction may schedule a public hearing on the application. If the local jurisdiction schedules a hearing, it shall post and publish public notice thereof not less than ten days prior to the hearing. The local jurisdiction shall give public notice by posting a sign in a conspicuous place on the license applicant's premises for which a local license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.

(b) If a local jurisdiction does not issue local retail marijuana business licenses, the local jurisdiction may give public notice of the state license application by posting a sign in a conspicuous place on the state license applicant's premises for which a state license application has been made and by publication in a newspaper of general circulation in the county in which the applicant's premises are located.

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2859, § 5, effective January 1, 2020. L. 2023: (2)(b) amended, (SB 23-199), ch. 353, p. 2120, § 2, effective August 7.

Editor's note: This section is similar to former §§ 44-11-302 and 44-12-302 as they existed prior to 2020.