SUBJECT:
Title
PUBLIC HEARING: A Resolution of the Planning Commission of the Town of Erie Recommending That the Town Council Adopt an Ordinance Amending Title 10 of the Erie Municipal Code Regarding the Retail Sale of Marijuana
Body
DEPARTMENT: Economic Development
Department
PRESENTER(S): Stephanie Pitts-Noggle, Economic Development Manager
Amy Teetzel, Director of Administrative Operations
First Name Last Name, Title
TIME ESTIMATE: 30 minutes
FISCAL SUMMARY: N/A
POLICY ISSUES:
Whether to recommend to the Town Council adoption of the ordinance laying out the proposed zoning and licensing procedures for the retail sale of marijuana within the Town.
STAFF RECOMMENDATION:
Recommendation
Adopt the resolution recommending Town Council adopt an ordinance allowing for the sale of retail marijuana within the Town’s jurisdiction should the voters approve the imposition of a 5% excise tax on such sales in the November 2024 election.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Since 2012, the Town of Erie has had a moratorium in place banning the sale of retail marijuana within the Town’s jurisdiction. The Town Council (formerly the Board of Trustees) has heard updates from Town staff on this matter in 2016, twice in 2021, and, most recently, in December 2023. The latter presentations included information in response to the 2021 and 2023 Community Survey results in which the majority of Erie resident respondents said they were in favor of overturning the moratorium if the Town adopted robust zoning requirements and an excise tax on any marijuana sales.
With the Council’s direction, Town staff have been preparing a ballot item for the November election that asks voters to approve the imposition of a 5.0% excise tax on marijuana sales. Should this pass, it would effectively end the moratorium. Town staff presented the ballot language to Council on July 9 and July 23, 2024. The next step is to have both the Planning Commission and Town Council approve an ordinance laying out the rules and regulations for the sale of marijuana that would be implemented if the ballot measure passes.
Town staff worked collaboratively to establish proposed zoning regulations based on accepted best practices, and by reviewing multiple neighboring municipalities’ approaches to zoning for similar retailers. Some of the best practices in regulations include restricting marijuana store sizes to no more than 5,000 square feet, in addition to requiring that no store be within 1,000 feet of any school activity, 250 feet of any residential zoning, and no less than 1,000 feet from any other retail marijuana store. Further, the ordinance establishes a maximum of two retail stores in Erie.
Licensing requirements for any marijuana businesses adhere closely to what is required for liquor licensing, with the Municipal Court acting as the Local Licensing Authority, and applications and renewals being processed through the Town Clerk’s office. There are some key differences, however, notably that the applicant must go through the State’s application process first, then file an application with the local licensing authority.
If approved, the ordinance lifting the moratorium and imposing the new zoning regulations would only go into effect if the ballot item for the 5.0% excise tax is approved by the voters in November, effective Jan. 1, 2025.
COUNCIL PRIORITY(S) ADDRESSED:
ü Prosperous Economy
ü Fiscally Responsible
ATTACHMENT(S):
1. Resolution P24-12
2. Draft Ordinance
3. Notice
4. Staff Presentation