City Council

SPECIAL Roswell City Council Monday, April 25, 2022 – 5:00 P.M. Roswell Convention Center Meeting Room A – 912 N. Main St. Roswell, New Mexico 88201 Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 22-14. Except for emergency matters, the City Council shall take action only on the specific items listed on the Agenda. _____________________________________________________________________________________________ April 25, 2022 5:00 p.m. MAYOR – Tim Z. Jennings Ward l Ward II Ward III Ward IV Ward V Cristina A. Arnold Juliana Halvorson Ed L. Heldenbrand Robert B. Corn Angela G. Moore Juan Oropesa Jason Perry Jeanine Best Savino Sanchez Jr. Barry Foster _____________________________________________________________________________________________ WELCOME! We are very glad you have joined us for the Roswell City Council meeting. If you wish to speak, please sign up at the podium prior to 5:00 p.m. In compliance with Resolution 20-26, all matters listed under Consent Items/Consent Agenda are considered routine by the City Council and will be approved by one motion. There will be no separate discussion on these items. If any member of the council desires to discuss the matter, that item will be removed from the consent agenda and will be considered separately. Any item approved as part of the consent agenda is not an agenda item for the purpose of the public participating. The Council is pleased to hear relevant comments; however, a 3-minute limit is set in accordance with Resolution 17-65 (Governing Body Rules of Order). Large groups are asked to name a spokesperson. Robert’s Rules of Order govern the conduct of the meeting. “THANK YOU” for participating in your City Government. _____________________________________________________________________________________________ CALL TO ORDER ROLL CALL ACTION ITEM Proposed Ordinance 22-07 – Advertise to hold a public hearing and consider adoption of Proposed Ordinance 22-07 amending Chapter 27 of the Roswell City Code relating to cannabis. PUBLIC PARTICIPATION ADJOURN Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 22-14. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: Thursday, April 21, 2022 THE PUBLIC IS ENCOURAGED TO PARTICIPATE ELECTRONICALLY THROUGH THE GO-TO-MEETING APPLICATION AND NOT PHYSICALLY ATTEND DURING THE PANDEMIC. Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/815060573 You can also dial in using your phone. United States: +1 (669) 224-3412 Access Code: 815-060-573 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/815060573  ROSWELL NEW MEXICO AGENDA ITEM ABSTRACT Special City Council Meeting Item No. 1 Meeting Date: April 25, 2022 COMMITTEE: Legal CONTACT: Parker W. Patterson CHAIR: Ed Heldenbrand ACTION REQUESTED: Consider authorizing to advertise for a public hearing to consider adoption of proposed Ordinance 22-07 amending Chapter 27 of the Roswell City Code relating to cannabis. BACKGROUND: Initiated by: Parker W. Patterson City Council adopted Ordinance 21-09 on August 12, 2021, establishing Chapter 27 of the Roswell City Code governing cultivation, manufacture, sale, and consumption of cannabis in City limits. City Council subsequently expanded and filled in additional provisions of Chapter 27 in Ordinances 21- 10 and 21-13. The proposed amendment to Chapter 27 would permit pre-existing medical businesses to begin recreational sales upon obtaining an operational permit from Community Development, but without the necessity of obtaining a zone change and conditional use permit. The proposed amendment would additionally set operating times for retail cannabis sales and on-site consumption. Finally, the proposed amendment provides a definition of “vertically integrated cannabis establishments” based on the state law provision. FINANCIAL CONSIDERATION There is no direct financial impact associated with this item. Existing medicinal establishments intending to commence recreational sales would be exempted from paying fees related to pre-application review, zone change, and conditional use permits, but fees relating to operational permitting, and other relevant fees provided for in Resolution 21-59, would still apply. LEGAL REVIEW: The City Attorney drafted the proposed ordinance. BOARD AND COMMITTEE ACTION: The Legal Committee will consider the proposed ordinance at a special meeting to be held on April 25, 2022 at 4:00 pm. STAFF RECOMMENDATION: Consider authorizing to advertise for a public hearing to consider adoption of proposed Ordinance 22-07 amending Chapter 27 of the Roswell City Code relating to cannabis. Attachments ATTACHMENTS – proposed Ord. 22-07  1 ORDINANCE 22-XX 2 3 AN ORDINANCE AMENDING CHAPTER 27 OF THE ROSWELL CITY CODE 4 RELATING TO CANNABIS 5 6 WHEREAS, the Roswell City Council adopted Ordinance 21-09 establishing Chapter 27 7 of the Roswell City Code related to cannabis; and 8 9 WHEREAS, the City Council further amended Chapter 27 to provide additional 10 regulations for the cultivation, manufacture, sale, and consumption of cannabis within the City of 11 Roswell, in Ordinance 21-10 and Ordinance 21-13; and 12 13 WHEREAS, the City Council wishes to hereby further amend Chapter 27, to further 14 address cannabis-related activities within the City of Roswell. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 17 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 18 19 SECTION 1. Section 27-5 of the Roswell City Code is hereby amended as follows: 20 21 Sec. 27-5. - Fees. 22 23 Fees for the review, processing, and permitting of cannabis projects, as well as other 24 cannabis related procedures (including, but not limited to project related design, 25 development, permitting, or procedural appeals), provided for by this chapter, shall be 26 established by resolution of the city council, and may be amended or revised from time to 27 time. Fee resolutions adopted pursuant to this section shall be posted prominently on the 28 Community Development Department section of the City website. Whenever the City 29 proposes to amend a fee resolution adopted pursuant to this section, the City shall cause 30 notice to be issued via regular mail to the business addresses of all existing establishments 31 permitted under this Chapter, at least 2 weeks in advance of the public meeting at which 32 such amendment shall be considered by the governing body. 33 34 35 SECTION 2. Section 27-12 of the Roswell City Code is hereby amended as follows: 36 37 Sec. 27-12. - Additional definitions. 38 39 To provide for objective administration and application of this chapter, the terms provided 40 for herein below shall have the following meanings: 41 42 Applicant. A person, or legal entity, filing a cannabis project application to locate a 43 cannabis establishment within the city. 44 45 Cannabis distributor. A cannabis operator establishment engaged in the business of 46 cannabis distribution. Ordinance 22-07: Amending Chapter 27 Page 1 of 9  1 2 Cannabis project application. The entire package of applications, maps, plans, studies, 3 and supporting documentation that comprises a zoning request, regulatory permit, and 4 other supporting documentation as deemed necessary and proper for review, approval, 5 and permitting purposes by the city. 6 7 CCAN: Commercial Cannabis Zoning District 8 9 Certificate of occupancy. The document issued by the city building department certifying 10 a building's compliance with applicable building codes and other laws, indicating it to be 11 in a condition suitable for occupancy. 12 13 Childcare facility refers to an establishment operated by a person, society, agency, 14 corporation, institution, or any other licensed entity where children are under the 15 supervision and management of a day-care center, babysitter, or other provider when the 16 legal guardians of the children are unable to supervise. 17 18 City manager. The city manager of the City of Roswell or his designee. 19 20 Conditional use permit (CUP) allows property owners to utilize land in a way that is not 21 specifically permitted under the location's designated zone. For each cannabis-related 22 business, in addition to a CUP, an application for change of zone, regulatory permit 23 application, and supporting documentation (including any other related permit 24 applications), shall comprise a complete cannabis project application, to which conditions 25 of approval shall be attached. 26 27 Distribution. The procurement, sale and transport of cannabis or cannabis products 28 between cannabis businesses. 29 30 Division refers to the Cannabis Control Division (CCD), as defined in section 26-2C-3(A) 31 of the Cannabis Regulation Act. 32 33 Edible cannabis product. Also known as a cannabis edible, cannabis-infused food, or 34 simply an edible, is a food product (either homemade or produced commercially) 35 containing cannabis extract as an active ingredient. Although edible may refer to either a 36 food or a drink, a cannabis-infused drink may be referred to more specifically as a liquid 37 edible or drinkable. 38 39 Floating zone. A zoning district with delineated requirements and/or conditions to be met 40 by an applicant prior to approval of the zone designation for a particular parcel of land. 41 Rather than being placed on the zoning map as traditional zones are, however, the floating 42 zone is simply written as an amendment in the zoning ordinance. Thus, the zone "floats" 43 until a development application is approved, when the zone is then added to the official 44 zoning map. 45 46 Halfway House: See Rehabilitation facility; inpatient Ordinance 22-07: Amending Chapter 27 Page 2 of 9  1 2 ICAN: Industrial Cannabis Zoning District 3 4 Industrial Cannabis Establishment: Includes, but is not limited to, businesses established 5 principally for the purposes of cultivation, manufacture, distribution, laboratory testing 6 (including research & development), and transportation (including possession, 7 processing, storing, and labeling incidental to such activities) of cannabis and cannabis 8 products as provided in this chapter. Industrial cannabis establishments must be sited 9 within the ICAN zoning district. 10 11 Mature cannabis plant. A cannabis plant that has flowered and has buds that are 12 observable by unaided visual examination. 13 14 Medical dispensary. A cannabis business facility where cannabis, medical cannabis 15 products, or devices for the use of medical cannabis or medical cannabis products are 16 offered, either individually or in any combination, for retail sale, including an 17 establishment (whether fixed or mobile) that delivers, pursuant to express authorization, 18 medical cannabis and medical cannabis products as part of a retail sale, and where the 19 operator holds a valid cannabis business regulatory permit and business license from the 20 city, authorizing the operation of a dispensary, and a valid State of New Mexico license, 21 approved by the Cannabis Control Division (CCD) for the operation of a cannabis 22 medical dispensary. 23 24 Non-storefront retailer. An approved cannabis retailer that provides recreational or 25 medicinal cannabis exclusively through an approved and permitted delivery service. 26 27 Owner/operator. A person or entity including: 28 29 (1) All persons with an aggregate ownership interest of 20% or more in the applicant, 30 unless such interest is solely a security, lien, or encumbrance; or 31 32 (2) An individual that will be participating in the direction, control, or management of 33 the permitted cannabis establishment. 34 35 Permittee. The individual or entity to whom a regulatory permit has been issued under 36 this chapter. A permittee includes all representatives, agents, parent entities, or subsidiary 37 entities of the permittee. 38 39 Pre-application review (PAR). The process by which an applicant for a cannabis project 40 submits preliminary documentation to the planning and zoning division for review by city 41 staff. The PAR is required for all cannabis related projects and no formal application for 42 permitting (zone change, CUP, regulatory permit, etc.) shall be accepted or processed 43 without completion of the PAR. 44 45 Regulation and licensing department (RLD or NMRLD). Refers to the regulation and 46 licensing department of the State of New Mexico. Ordinance 22-07: Amending Chapter 27 Page 3 of 9  1 2 Rehabilitation Facility: A facility for the purposes of temporary or long-term treatment, 3 for addiction to alcohol or drugs. Rehabilitation facilities may provide care, treatment, 4 and/or counseling through either medical, or non-medical practices. The structures and 5 land associated with the rehabilitation facility may be provided for by inpatient or 6 outpatient services and needs: 7 8 a. Inpatient treatment facility: where one or more patients are provided with care, 9 treatment, meals, and lodging. 10 11 b. Outpatient treatment facility: where one or more patients are provided with care 12 and/or treatment, but no meals or lodging are provided. 13 14 Retail Cannabis Establishment: Is limited to those businesses established principally for 15 the purposes of retail sales and/or on-site consumption of cannabis and/or cannabis 16 products to qualified patients, primary caregivers, reciprocal participants, or directly to 17 consumers. Retail cannabis establishments may be sited within the CCAN or ICAN 18 zoning districts. 19 20 Retirement facility. Any form of housing, either detached or attached dwelling units, 21 apartments, or residences designed for and principally occupied by senior citizens. Such 22 facilities may include a congregate meals program in a common dining area, but exclude 23 institutional care such as medical or nursing care. 24 25 Substance Abuse Treatment Center: See Rehabilitation facility. 26 27 School. An instructional facility or institution for the teaching of children or adults, either 28 public or private. 29 30 Senior care facility refers to a facility that provides housing that is suitable for the needs 31 of an aging population, where the emphasis of the establishment predominantly concerns 32 safety, accessibility, adaptability and longevity. The functions of a senior care facility can 33 range from an independent living facility to a 24-hour care facility. 34 35 State license. A license issued by the state of New Mexico, Cannabis Control Division. 36 37 Vertically Integrated Cannabis Establishment" or “VICE” means a person that is 38 authorized under the Cannabis Regulation Act to act as any of the following: 39 40 (1) a cannabis courier; 41 42 (2) a cannabis manufacturer; 43 44 (3) a cannabis producer; and 45 46 (4) a cannabis retailer. Ordinance 22-07: Amending Chapter 27 Page 4 of 9  1 2 Zoning request. A written request, included in an application, for a zone change to an 3 appropriate floating zone, and for issuance of a conditional use permit in connection 4 therewith. 5 6 7 SECTION 3. Section 27-53 of Chapter 27 of the Roswell City Code is hereby amended as follows: 8 9 Sec. 27-53. – Operational Permit Required 10 11 A. Prior to initiating operations, and as a continuing requirement to operate, a retail 12 cannabis establishment or industrial cannabis establishment, the legal representative of 13 the person(s) or entity intending to operate and/or lease a facility for the development 14 of a proposed cannabis establishment shall obtain and pay all fees associated with: 15 16 1. an operational permit from the city as required by this chapter 17 18 2. except in cases of non-conforming uses, a conditional use permit from the city 19 as required by this chapter. 20 21 3. all application, processing, and permitting fees as established and adopted by 22 resolution of the city council, including such amendments as may be adopted 23 from time to time 24 25 B. This section, and the requirement to obtain an operational permit, does not apply to the 26 individual possession or cultivation of cannabis for personal use, as allowed by state 27 law. Personal possession and use, including non-commercial cannabis cultivation, is 28 regulated under Chapter 27, Article 5. Personal possession and use of cannabis pursuant 29 to state law and local ordinance, is permitted in the City of Roswell. 30 31 32 Section 4. Section 27-102 shall be amended as follows: 33 34 Sec. 27-102. – Operating Standards 35 36 A. Limited access areas. A permitted retailer shall only permit authorized individuals to 37 enter the retail cannabis establishment limited-access areas. 38 39 B. Retail area. Individuals shall only be granted access to the area to purchase cannabis 40 goods after the permittee has identified the individual as a medical cannabis patient, 41 primary caregiver, or person over the age of twenty-one (21), depending on whether the 42 retail cannabis establishment sells medicinal or recreational cannabis or both. 43 44 C. Delivery. All deliveries of cannabis must be performed in compliance with State law, 45 corresponding state-issued regulations, and local ordinance. 46 Ordinance 22-07: Amending Chapter 27 Page 5 of 9  1 D. An inventory record documenting the dates and amounts of cannabis produced or 2 received at the premises, the daily amounts of cannabis on the premises, and the daily 3 amounts of cannabis transported from the premises. The retail cannabis establishment 4 manager shall report any loss, damage, or destruction of these records to the city manager 5 within twenty-four (24) hours of the loss, damage, or destruction. 6 7 E. Security. A permittee shall comply with the security plan that is submitted during the 8 application process as approved by the city manager. A permittee shall report to the 9 Roswell Police Department all criminal activity occurring on the premises. Should 10 compliance with the security plan fail to properly secure the retailer or retail 11 microbusiness premises, the city manager may impose additional or modified plan 12 restrictions. 13 14 F. Cannabis consumption prohibited. No person shall smoke, ingest, or otherwise consume 15 cannabis in any form on the premises of a retail cannabis establishment unless the retailer 16 has a valid onsite consumption permit. No person shall smoke, ingest, or otherwise 17 consume cannabis in violation of state law. 18 19 G. Alcohol and tobacco sales prohibited. A permittee shall not sell alcoholic beverages or 20 tobacco products on or at any premises permitted under this chapter. 21 22 H. Juveniles prohibited. No one under the age of eighteen (18) shall be allowed on the 23 premises, nor shall anyone under the age of twenty-one (21) operate a retail cannabis 24 establishment in any capacity, including, but not limited to, as a manager, staff, 25 employee, contractor, or volunteer. 26 27 I. No cannabis odors shall be detectable outside of the permitted retail cannabis 28 establishment. 29 30 J. State law compliance. All retail cannabis establishments must operate in full compliance 31 with state law. 32 33 K. Hours of Operation. Retail sales of cannabis shall be permitted only during the following 34 hours: 35 36 (1) Sunday through Thursday from 10:00 am to 8:00 pm; and 37 38 (2) Friday and Saturday from 9:00 am to 10:00 pm. 39 40 41 SECTION 5. Section 27-132 is hereby added and shall provide as follows: 42 43 Sec. 27-132. – Operating times for on-site consumption. 44 45 On-site consumption shall only be allowed during those times permitted for retail sales. 46 Ordinance 22-07: Amending Chapter 27 Page 6 of 9  1 2 SECTION 6. Section 27-151 of the Roswell City Code is hereby amended as follows: 3 4 Sec. 27-151. - Authority to continue. 5 6 (a) Any previously permitted cannabis establishment and/or cannabis related use, including 7 medical dispensaries and retail cannabis establishments, that existed lawfully, prior to the 8 effective date of this chapter, may continue to operate as that same use, as it did prior to 9 becoming non-conforming, subject to the rules, regulations, operational requirements of 10 section 27-102 relating to retail sales, including operating times., and the restrictions 11 listed below. 12 13 (b)The above notwithstanding, no Upon the issuance of an appropriate state license, a 14 previously permitted non-conforming medical dispensary shall be permitted to engage in 15 retail recreational sales and on-site consumption unless the dispensary complies with the 16 requirements of this chapter, including without the requirements to obtain a zone change, 17 or CUP, but such establishment shall obtain a city regulatory operational permit, on-site 18 consumption permit, if applicable, and all other applicable permits hereunder, and pay all 19 fees associated therewith, and shall comply with all operational requirements of section 20 27-102 relating to retail sales, including operating times. 21 22 23 SECTION 7. Section 27-152 of the Roswell City Code is hereby amended as follows: 24 25 Sec. 27-151. - Restrictions. 26 27 (a) Any non-conforming cannabis establishment or use, existing as of the effective date of 28 this chapter, that does not conform to the regulations of the zoning district(s) established by 29 this chapter, shall be subject to the following: 30 31 (1) Repairs and alterations. Ordinary cosmetic repairs may be made to a building or 32 structure devoted to or designed for a cannabis establishment or use not permitted in 33 the zoning district in which it is located. No structural repairs or alterations shall be 34 made in or to such building or structure, except those required by law, or to alter the 35 design and use of the building or structure to conform to the permitted use regulations 36 of the zoning district in which it is located. 37 38 (2) Additions and enlargements. A building or structure, devoted to or designed for a 39 cannabis establishment, or use not permitted in the zoning district in which it is 40 located, shall not have additions or enlargements made to it in any way other than to 41 bring such building or structure into compliance with the permitted use(s) of the 42 zoning district in which it is located. 43 44 (3)(1) Restoration as a result of damages. A building or structure, devoted to or designed 45 for a cannabis establishment, or use not permitted in the zoning district in which it is 46 located, that is damaged or destroyed by any means, and where the cost of the repairs Ordinance 22-07: Amending Chapter 27 Page 7 of 9  1 exceed 50% or more of its replacement value, shall not be restored except if such 2 restoration results in a building, structure, or sign devoted to or designed for a use that 3 conforms to the regulations of the zoning district in which it is located. 4 5 (4)(2) Discontinuance of a non-conforming use. In the event that a non-conforming use 6 of a building, structure, premises, sign, or parts thereof, is discontinued for any reason 7 for a period of six months or longer, and such non-conforming use is changed to or 8 replaced by a use conforming to the zoning district in which it is located, such building, 9 structure, premises, sign, or parts thereof shall not thereafter be used or occupied by a 10 non-conforming use, even though the building, structure, sign, premises, or parts 11 thereof may have been originally constructed for the prior non-conforming use. 12 13 (5)(3) Vacant non-conforming use. In the event the building, structure, sign, or premises 14 of a non-conforming use have sat vacant for a period of six months or longer, any use 15 brought into said building, structure or premises shall be a use conforming to the 16 regulations of the zoning district in which it is located and all requirements of the 17 zoning ordinance shall be met before the new permitted use is allowed to operate, 18 including the most current requirements for parking, landscaping, and general zoning 19 and building guidelines as set forth in this and other ordinances. 20 21 22 SECTION 8. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 23 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 24 ordinance or part of any ordinance heretofore repealed. 25 26 27 SECTION 9. If any section, paragraph, clause or provisions of this ordinance for any reason shall 28 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 29 clause or provision shall not affect any other part of this ordinance. 30 31 32 SECTION 10. This ordinance shall be effective after five (5) days following its publication as 33 required by law. 34 35 36 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 37 38 CITY SEAL 39 40 41 _____________________________ 42 Timothy Z. Jennings, Mayor 43 ATTEST 44 45 46 Ordinance 22-07: Amending Chapter 27 Page 8 of 9 1 ____________________________________ 2 Amalia Martinez, Interim City Clerk 3 Ordinance 22-07: Amending Chapter 27 Page 9 of 9