2023 Colorado Revised Statutes › Title 44 - REVENUE - REGULATION OF ACTIVITIES (§§ 44-1-101 — 44-50-1001) › LOTTERY (§§ 44-40-101 — 44-50-1001) › Article 50 - NATURAL MEDICINE (§§ 44-50-101 — 44-50-1001) › Part 3 - LICENSE TYPES (§§ 44-50-301 — 44-50-302) › Section 44-50-302 - Restrictions for applications for new licenses

(1)
The state licensing authority shall not receive or act upon an application for the issuance of a natural medicine business license pursuant to this article 50:
(a)
If the application for a license concerns a particular location that is the same as or within one thousand feet of a location for which, within the two years immediately preceding the date of the application, the state licensing authority denied an application for the same class of license due to the nature of the use or other concern related to the location;
(b)
Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises;
(c)
For a location in an area where the cultivation, manufacturing, testing, storage, distribution, transfer, and dispensation of natural medicine or natural medicine product as contemplated is not permitted under the applicable zoning laws of the local jurisdiction;
(d)
(I)
If the building where natural medicine services are provided is within one thousand feet of a child care center; preschool; elementary, middle, junior, or high school; or a residential child care facility. The provisions of this section do not affect the renewal or reissuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality, nor do the provisions of this section apply to an existing licensed premises on land owned by the state or apply to a license in effect and actively doing business before the school or facility was constructed. The governing body of a municipality, by ordinance, and the governing body of a county, by resolution, may vary the distance restrictions imposed by this subsection (1)(d)(I) for a license or may eliminate one or more types of schools or facilities from the application of a distance restriction established by or pursuant to this subsection (1)(d)(I).
(II)
The distances referred to in this subsection (1)(d) must be computed by direct measurement from the nearest property line of the land used for a school or facility to the nearest portion of the building in which natural medicine services are provided, using a route of direct pedestrian access.
(III)
The state licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the natural medicine business is located is within any distance restrictions established by or pursuant to this subsection (1)(d).
(2)
The state licensing authority shall not approve an application for the issuance of a natural medicine business license pursuant to this article 50 until the state licensing authority establishes that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises.
Added by 2023 Ch. 249,§ 21, eff. 7/1/2023.