{"id":7400,"date":"2017-05-11T21:06:01","date_gmt":"2017-05-11T21:06:01","guid":{"rendered":"http:\/\/www.denverpost.com\/?p=2643882"},"modified":"2017-05-11T21:06:01","modified_gmt":"2017-05-11T21:06:01","slug":"plan-for-denver-social-marijuana-use-permits-includes-waivers-for-every-customer","status":"publish","type":"post","link":"https:\/\/cannitrol.com\/blog\/plan-for-denver-social-marijuana-use-permits-includes-waivers-for-every-customer\/","title":{"rendered":"Plan for Denver social marijuana use permits includes waivers for every customer"},"content":{"rendered":"<div id=\"wp_fb_like_button\" style=\"margin:5px 0 5px 5px;float:right;height:100px;\"><script src=\"http:\/\/connect.facebook.net\/en_US\/all.js#xfbml=1\"><\/script><fb:like href=\"https:\/\/cannitrol.com\/blog\/plan-for-denver-social-marijuana-use-permits-includes-waivers-for-every-customer\/\" send=\"true\" layout=\"standard\" width=\"450\" show_faces=\"false\" font=\"arial\" action=\"like\" colorscheme=\"light\"><\/fb:like><\/div><p>Businesses that obtain permits to offer Denver\u2019s first-in-the-nation areas for social marijuana use would have to\u00a0require\u00a0patrons to sign waivers as they enter. They would have to follow a ventilation plan if they allow the use of vaping devices indoors.<\/p>\n<p>And if they have a liquor license, they would have to halt any\u00a0alcohol sales and seek a temporary suspension of the license while marijuana use is occurring, preventing any \u201cdual consumption\u201d\u00a0by customers.<\/p>\n<p>Those are among <a href=\"http:\/\/www.denverpost.com\/wp-content\/uploads\/2017\/05\/social-consumption-rules-draft-5-11-17.pdf\">rules proposed by the city\u2019s top licensing official<\/a> Thursday \u2014 and they are the chief sticking points that probably will register objections in coming weeks from backers of last fall\u2019s Initiative 300.<\/p>\n<figure id=\"attachment_2370502\" class=\"wp-caption alignnone size-article_inline\"><img width=\"4092\" class=\"lazyload \" alt=\"In this Dec. 31, 2012 file photo, Rachel Schaefer, of Denver, smokes marijuana on the official opening night of Club 64, a marijuana-specific social club, where a New Year's Eve party was held in Denver.\" \/><figcaption class=\"wp-caption-text\">\n<p>Brennan Linsley, AP File<\/p>\n<p>In this Dec. 31, 2012 file photo, Rachel Schaefer, of Denver, smokes marijuana on the official opening night of Club 64, a marijuana-specific social club, where a New Year\u2019s Eve party was held in Denver. After months, Denver has released proposed rules for businesses applying for permits to allow social pot use.<\/figcaption><\/figure>\n<p>The <a href=\"http:\/\/www.denverpost.com\/2016\/11\/14\/denver-social-marijuana-use-measure-wide-lead-updated-results\/\">voter-passed law<\/a> directed the city to implement <a href=\"http:\/\/www.denverpost.com\/2016\/12\/04\/denver-businesses-social-marijuana\/\">a four-year pilot program<\/a> that allows some businesses to seek\u00a0annual\u00a0permits to create set-off, 21-and-over areas where customers can consume their own cannabis \u2014 so long as a\u00a0business obtains some backing from a local neighborhood or business association. The new law also allows one-time events to seek permits.<\/p>\n<aside class=\"related right\" \/>\n<p>\u201cSince the very beginning, we wanted this to be a discussion between neighborhood groups and businesses,\u201d said Emmett Reistroffer from Denver Relief Consulting, who led the pro-300 campaign. \u201cWe think some of these rules kind of circumvent that intent.\u201d<\/p>\n<p>Meanwhile, opponents of I-300 have concerns of their own, including seeing too few restrictions to keep children at a business away from the new \u201cdesignated consumption areas,\u201d whether indoors or outside, and\u00a0to protect nearby residents from any effects of marijuana use at a local business.<\/p>\n<p>\u201cThere is absolutely no buffer zone in these rules for consistent marijuana use backing up to homes,\u201d said Rachel O\u2019Bryan,\u00a0who managed the anti-Initiative 300 campaign.<\/p>\n<p>There were bound to be plenty of complaints from both sides to the draft rules, which Denver\u2019s Department of Excise and Licenses <a href=\"https:\/\/www.denvergov.org\/content\/denvergov\/en\/denver-business-licensing-center\/marijuana-licenses\/social-consumption-advisory-committee.html\">posted online Thursday afternoon<\/a>. A\u00a0<a href=\"http:\/\/www.denverpost.com\/2017\/01\/06\/social-marijuana-use-supporters-opponents-advocates\/\">widely represented advisory committee<\/a> that <a href=\"http:\/\/www.denverpost.com\/2017\/02\/23\/denver-social-marijuana-advisory-group-alcohol\/\">met from January to April<\/a> offered starkly conflicting input on some issues.<\/p>\n<p>But the group did reach consensus or even unanimous agreement on most matters, noted Ashley Kilroy, executive director of the licensing department and Mayor Michael Hancock\u2019s longtime marijuana policy adviser.<\/p>\n<p>Those include requirements that business applications for consumption areas be subject to public \u201cneeds and desires\u201d hearings, as are licenses\u00a0for liquor- and marijuana-selling businesses. And businesses would need detailed plans for employee training\u00a0to avoid underage entry and risky situations.<\/p>\n<p>\u201cI\u2019m glad it\u2019s a pilot program, because we don\u2019t know yet what we don\u2019t know,\u201d Kilroy said. \u201cOur city has taken the same path that we\u2019ve tried to take with regard to marijuana legalization overall \u2014 which is that we\u2019re deliberate and we\u2019re measured, and we\u2019re trying to listen to as many stakeholders as possible,\u201d placing particular focus on safety and public health.<\/p>\n<h3>Still, sponsors are\u00a0\u201cready to move forward\u201d<\/h3>\n<p>Reistroffer\u00a0said that even though he and other I-300 backers probably will lodge objections at a public hearing next month, the draft rules largely advance the ball toward implementation \u2014 something he hopes to see happen quickly.<\/p>\n<p>\u201cOverall, I think we\u2019re just ready to move forward and to allow businesses to get these permits,\u201d he said, \u201cso that the community and, really, the entire world can start to learn from this program.\u201d<\/p>\n<p>Kilroy\u2019s department tentatively plans to finalize the regulations late next month and begin\u00a0accepting permit applications in July from those willing to pay fees that total $2,000. They could come from a plethora of businesses that might include yoga studios, coffee shops with back-door patios, or even bars or restaurants that are willing to meet strict liquor exclusion rules for regular or one-off events.<\/p>\n<figure id=\"attachment_2241047\" class=\"wp-caption aligncenter size-article_inline\"><img class=\" lazyautosizes lazyload\" src=\"https:\/\/cannitrol.com\/blog\/\/wp-content\/uploads\/2017\/05\/plan-for-denver-social-marijuana-use-permits-includes-waivers-for-every-customer-1\" alt=\"Owner Jim Norris, right, and co-owner Matt Megyesi work behind the coffee counter at Mutiny Information Cafe on December 2, 2016, in Denver. Norris and Megyesi intend to apply for a social marijuana use permit, perhaps to host a monthly event allowing marijuana, once the city's Department of Excise and Licenses works out the particulars of how to implement Initiative 300.\" width=\"5367\" \/><figcaption class=\"wp-caption-text\">\n<p>Anya Semenoff, Special to The Denver Post<\/p>\n<p>Owner Jim Norris, right, and co-owner Matt Megyesi work behind the coffee counter at Mutiny Information Cafe on December 2, 2016, in Denver. Norris and Megyesi intend to apply for a social marijuana use permit, perhaps to host a monthly event allowing marijuana, once the city\u2019s Department of Excise and Licenses works out the particulars of how to implement Initiative 300.<\/figcaption><\/figure>\n<p>A public hearing on the administrative rules has been set for 5:30 p.m. June 13 on the fourth floor of the\u00a0Wellington E. Webb Municipal Office Building near\u00a0Civic Center.<\/p>\n<p>Before they apply, businesses\u00a0first must obtain backing for the permit from a local civic group, which could include a city-registered neighborhood organization or a business improvement district, which could set\u00a0operating conditions in exchange for their support.<\/p>\n<p>Here are some of the other proposed rules:<\/p>\n<p><strong>Location restrictions:<\/strong> Businesses that seek permits already cannot place consumption areas where they would be visible from the public right of way under Initiative 300, or within 1,000 feet of\u00a0schools. The proposed regulations add that restriction for child care centers, alcohol or drug treatment facilities, and city-owned recreation centers and outdoor pools. Permits also wouldn\u2019t be allowed within residential zone districts, but Kilroy said that doesn\u2019t include properties with mixed-use zoning (a concern that\u00a0Reistroffer had). Events taking place on public property could not seek special event marijuana consumption permits \u2014 and events that serve alcohol couldn\u2019t seek the permits, regardless of where they occur.<\/p>\n<p><strong>Permit considerations:<\/strong>\u00a0Besides ventilation and odor-control plans, applicants would have to show evidence of detailed preparations for\u00a0marijuana waste disposal and prevention of underage entry to the consumption area, overintoxication by patrons, driving while intoxicated and illegal distribution of marijuana. Businesses can\u2019t sell marijuana themselves. While hearings would be automatic for business permits, event permits would face a public hearing only if 10 people request one.<\/p>\n<p><strong>Operation restrictions:<\/strong>\u00a0Businesses and event organizers that are granted permits would have to follow the plans they submit. They also would have to obtain signatures on waivers in which patrons acknowledge they are responsible for their own actions, will consume responsibly, won\u2019t drive impaired and won\u2019t share\u00a0marijuana in exchange for money. The state\u2019s indoor smoking ban also would apply, unless a business or event is staffed by no more than two employees or volunteers.<\/p>\n<h3>How bars could have marijuana events<\/h3>\n<p>State rules already prevent marijuana shops from allowing consumption on site, so they couldn\u2019t seek Denver\u2019s new permits. And last fall, state licensing officials announced\u00a0a new rule that prohibits virtually all liquor licensees,\u00a0including all bars and some restaurants, from allowing pot use on their premises.<\/p>\n<p>But Kilroy told a City Council committee during a briefing on the coming rules last week that state officials do allow a liquor licensee to \u201cde-license\u201d their business temporarily by paying a $150 fee. That has been done by bars and restaurants when they host weddings whose organizers supply their own alcohol, for instance.<\/p>\n<p>Initiative 300\u2019s\u00a0backers and other marijuana advocates have filed a lawsuit\u00a0to reverse the new state liquor license rule. They argue that simultaneous drinking of alcohol and use of marijuana already occur safely, if unsanctioned, at concerts and in bars.<\/p>\n<p>Reistroffer had lobbied licensing officials to propose no restrictions on dual consumption, in case the state liquor rule gets overturned.<\/p>\n<p>But other committee members, including O\u2019Bryan and Denver NORML, the local chapter of a national organization that favors legalization, differed on that point.<\/p>\n<p>\u201cI think almost the entire task force disagreed with that,\u201d Kilroy said, citing a lack of definitive research on the effects of mixing alcohol and pot. \u201cWe think it\u2019s only responsible that, right now \u2014 when we\u2019re getting started under a pilot program \u2014 we disallow dual consumption.\u201d<\/p>\n<p>Reistroffer and fellow I-300 proponent\u00a0Kayvan Khalatbari, who has filed paperwork to run for mayor in 2019, also object to requiring waivers, seeing little purpose in it.<\/p>\n<p>Kilroy said waivers would be a way to make consumption areas less public to comply with state law; she also recalled\u00a0Reistroffer suggesting\u00a0that option at an advisory committee meeting.<\/p>\n<p>But Reistroffer said Thursday that he had put it on the table only as a way to address recent legislation in the General Assembly that would have better defined the existing restriction on open and public consumption of marijuana \u2014 a bill that <a href=\"http:\/\/www.denverpost.com\/2017\/05\/10\/colorado-spending-overhaul\/\">ended up fizzling out this week<\/a>.<\/p>\n<p>O\u2019Bryan, the I-300 opponent, said her complaints about some of the proposed rules underline a\u00a0distrust\u00a0that businesses will act responsibly. She would prefer more concrete restrictions, including requiring that businesses that apply for permits make their entire premises 21-and-older.<\/p>\n<p>\u201cWe saw rampant (pot) use at the 4\/20 event from people of all ages,\u201d she said. \u201cI have not seen evidence that the marijuana culture is trying to discourage underage use.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Detailed ventilation plans, signed waivers from every customer and strict alcohol bans are part of the pilot program&#8217;s rule set, which will accept applications beginning in July. <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[6811,6813,77,5577,6815,5667,9,5019,1,3,61,1736],"tags":[6816,6818,2655,5580,6820,5673,5022],"_links":{"self":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts\/7400"}],"collection":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/comments?post=7400"}],"version-history":[{"count":0,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts\/7400\/revisions"}],"wp:attachment":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/media?parent=7400"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/categories?post=7400"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/tags?post=7400"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}