OFFICE OF THE CITY MANAGER

AGENDA MARIJUANA LOCAL LICENSING AUTHORITY

REGULAR MEETING OCTOBER 24, 2017

1. CALL TO ORDER - Members of the Authority

2. ROLL CALL

3. APPROVAL OF THE AGENDA

4. APPROVAL OF MINUTES- June 27, 2017

5. BUSINESS

A. A resolution appointing Teresa Ablao as the lead hearing officer and Stuart Shapiro as the alternate hearing officer for the City of Thornton to conduct marijuana licensing hearings and otherwise act pursuant to Article X of Chapter 42 of the City Code and authorizing the Chairperson to enter into service agreements. [470-BC]

6. OTHER MATTERS

7. ADJOURNMENT

Agenda prepared by Kristen N. Rosenbaum, City Clerk for Kevin S. Woods, City Manager

MINUTES

Unofficial until approved by the Marijuana Licensing Authority

MARIJUANA LICENSING AUTHORITY MEETING JUNE 27, 2017

1. CALL TO ORDER- By Vice-Chairperson Eric Montoya at 7:49p.m.

2. ROLL CALL OF AUTHORITY - Those present were: Vice-Chairperson Eric Montoya; and Members Mack Goodman, Jan Kulmann, Adam Matkowsky, Jacqueline Phillips, Val Vigil , and Joshua Zygielbaum. Absent- Chairperson Heidi K. Williams.

STAFF MEMBERS PRESENT - Jeffrey Coder, Acting City Manager; Robb Kolstad, Assistant City Manager; Luis Corchado, City Attorney; Chris Malison, Executive Director for Management Services; Gordon Olson, Executive Director- Fire Chief; Tom Manka, Deputy Police Chief; Kelsey McElroy-Anderson, Senior Management Analyst; Karren Werft, Agenda and Licensing Coordinator; Lori Gray, Administrative Specialist; Kristen Rosenbaum, City Clerk; and Crystal Messick, Agenda and Licensing Coordinator.

3. APPROVAL OF AGENDA

MOTION WAS MADE BY MEMBER NIZAM AND SECONDED BY MEMBER VIGIL TO APPROVE THE AGENDA AS PRESENTED. MOTION PASSED UNANIMOUSLY.

4. APPROVAL OF MINUTES -April25, 2017.

MOTION WAS MADE BY MEMBER VIGIL AND SECONDED BY MEMBER ZYGIELBAUM TO APPROVE THE MINUTES AS PRESENTED. MOTION PASSED UNANIMOUSLY.

5. BUSINESS

A Consideration of a Modification of Premises submitted by Futurevision 2020, LLC dba Medicine Man Thornton (Quadrant 1).

Kristen Rosenbaum, City Clerk, presented slides and highlighted the proposed modification to the premises.

Andy Williams, 14173 Roaring Fork Circle, Broomfield, the Applicant, answered questions from Council regarding the circumstances for the previous tenant moving out, plans to expand into the last unit currently occupied in the building, and the parking lot at the drive-thru liquor store.

MEMBER PHILLIPS MADE A MOTION TO APPROVE THE MODIFICATION OF PREMISES ALLOWING MEDICINE MAN TO EXPAND INTO UNIT 150. MOTION WAS SECONDED BY MEMBER ZYGIELBAUM AND PASSED BY A MAJORITY VOTE OF THE AUTHORITY AS FOLLOWS:

Ayes: Kulmann, Matkowsky, Montoya, Nizam, Phillips, Vig il, and Zygielbaum Nays: Goodman

JUNE 27, 2017, MLA MINUTES PAGE2

6. OTHER MATTERS

None

7. ADJOURNMENT

MOTION WAS MADE BY MEMBER ZYGIELBAUM AND SECONDED BY MEMBER KULMANN TO ADJOURN THE MEETING AT 7:58 P.M. MOTION PASSED UNANIMOUSLY.

ATTEST:

Chairperson at time of approval

Approved at the October 24, 2017 MLA meeting.

Respectfully submitted,

Crysta Mess1ck, Agenda and Licensing Coordinator

MARIJUANA LICENSING AUTHORITY COMMUNICATION Meeting Date: Agenda Item: Agenda Location: Work Plan# Le~ ~ I Review:

October 24, 2017 5A Business ~~ _1 51 Reading _2nd Reading

subject: A resolution appointing Teresa Ablao as the lead hearing officer and Stuart Shapiro as the alternate hearing officer for the City of Thornton to conduct marijuana licensing hearings and otherwise act pursuant to Article X of Chapter 42 of the City Code and authorizing the Chairperson to enter into service agreements. ....

Recommended by: Luis A. CorchadoJ1 j\(¥ Approved by: Kevin S. Woods Ordinance previously

Presenter(s): Luis A. Corchado '!(V introduced by:

SYNOPSIS:

The Thornton Marijuana Licensing Code, which was approved by Ordinance 3401 on August 24, 2016, requires that the Marijuana Licensing Authority (MLA) appoint a hearing officer who shall have the authority to approve or deny applications for marijuana establishment license renewals, change of corporate structure, change of location, modification of licensed premises, and change in manager registration, as well the power to hold hearings to suspend or revoke a license, or to impose fines in lieu of suspension, civil penalties, sanctions, or other conditions.

The MLA may decide the method of appointment, pay rate, and retention for the hearing officer(s). Teresa Ablao (resume attached) currently presides over marijuana licensing matters for Commerce City and her name is offered as the lead hearing officer. Stuart Shapiro (resume attached) is currently a blight hearing officer for the City of Thornton and has extensive municipal law and litigation experience.

Also, for urgent matters needing immediate attention and where the lead and backup hearing officers are unavailable, the attached resolution authorizes the City Manager to find a hearing officer with experience in municipal law and administrative hearings.

RECOMMENDATION:

Staff recommends Alternative No. 1, approve the resolution which appoints Teresa Ablao as the primary and Stuart Shapiro as the alternate Marijuana Licensing Hearing Officers.

BUDGET/STAFF IMPLICATIONS:

Responses from prospective hearing officers demonstrate that the reasonable market rate for this position is $145 per hour. Prosecution of violations will involve continued efforts by the Police Department and the City Attorney's Office prosecutors. It is anticipated that a hearing officer may be needed approximately six times per year.

The revenues estimated to be derived from licensing Marijuana Establishments are expected to pay for the Hearing Officer's and staff related expenses.

MLA COMMUNICATION PAGE2

ALTERNATIVES:

1. Approve the resolution which appoints Teresa Ablao as the primary and Stuart Shapiro as the alternate Marijuana Licensing Hearing Officers.

2. Approve the resolution with amendments as directed by the Marijuana Licensing Authority. 3. Do not approve the resolution and give authorization to the City Manager to enter into agreements

with a hearing officer.

BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY: (includes previous City Council action)

The Marijuana Licensing Code requires the appointment of a hearing officer to hear certain matters and violations related to the operation of marijuana establishments. Council previously approved the Marijuana Licensing Hearing Procedures and Sentencing Guidelines which the appointed hearing officer(s) will be expected to follow. Once the marijuana establishments are open for business, any modifications to their current physical buildings or management structure will need to be approved by a hearing officer. Additionally, the hearing officer will preside over hearings regarding violations of the Thornton Marijuana Licensing Code, which has also encompassed the State of Colorado Regulations related to the operation of Retail and Medical Marijuana Establishments. Any appointed hearing officer should be able to adequately familiarize himself or herself with the Thornton City Code, Marijuana Hearing Procedures, Sentencing Guidelines, and the State Retail and Medical Marijuana Codes.

Teresa "Tree" Ablao has extensive experience hearing cases in both judicial and quasi-judicial settings over the last 17 years. She is a part-time presiding judge for three Colorado municipalities and a relief judge in four other municipalities. Ms. Ablao also has experience acting as the local liquor authority currently in Windsor and Commerce City, as well as the local marijuana licensing authority, currently for Commerce City and previously for Boulder. Additionally, she serves as an administrative hearing officer for Fort Collins and Commerce City to adjudicate protests of civil infractions and appeals. These appointments together occupy approximately 20 hours per month. Ms. Ablao also enjoyed a long career in municipal law (beginning in 1994) in the Fort Collins and Loveland City Attorney's Offices, and retired this year. She has a strong work ethic and a reputation for high quality work, integrity, and a commitment to enforcing the laws and ordinances adopted by the municipality.

Mr. Shapiro has over thirty years of varied legal experience and currently serves as a blight hearings officer for the City of Thornton. He has litigated in administrative cases and in court cases at the federal, state, and municipal level. He has worked on numerous administrative cases on appeal as a law clerk at the Kansas Supreme Court and worked on administrative matters while with the FDIC and in private law practice. He has litigated over twenty jury trials and innumerable bench trials and other hearings. He learns the rules of the forum and the applicable procedure. Mr. Shapiro handled municipal law matters when he worked at the Denver City Attorney's Office from 2007 to 2016. He has crafted briefs, memoranda and orders, made oral arguments and always produced a high quality written legal work product. Mr. Shapiro has a reputation for being calm and fair in his assessment of the facts and follows the law.

MLA COMMUNICATION PAGE3

Teresa Ablao

Attornev at Law

EDUCATION and LICENSES • Juris Doctor, University of Colorado • B.S. cum laude, Western Michigan University • Admitted to the Colorado Bar • Federal District Court-Colorado

2061 Shavano Pl. Loveland, CO 80538 970-420-2049 treeab@qmail.com

May 1988 December 1984 October 1988 December 2004

EXPERIENCE Ablao Law LLC Loveland, Colorado. November 2009 to present. Private practice of law providing legal, quasi-judicial and judicial services to governmental entities

• Presiding Municipal Judge for the towns of Windsor, Hudson and Wellington • Associate Judge for city of Fort Collins, city of Greeley, and town of Erie • Administrative hearing officer-Neighborhood Services for Commerce City

• Liquor Licensing Authority for the town of Windsor and Commerce City • Marijuana Licensing Authority for Commerce City • Special prosecutor for town of Milliken

Liquor Licensing Authority Windsor, Colorado. June 2013 to present. • Make all quasi-judicial and administrative determinations pertaining to the issuance, transfer,

renewal, suspension and revocation of liquor licenses within the Town of Windsor corporate boundaries.

Administrative Hearing Officer Commerce Citv, Colorado. August 2010 to present. • Neighborhood Services -Interpret municipal and land use/development code provisions in a

quasi-judicial setting; adjudicate protests of civil infractions and appeals of certain administrative decisions.

• Liquor Licensing- Make all quasi-judicial and administrative determinations pertaining to the issuance, transfer, renewal, suspension and revocation of liquor licenses within the City of Commerce City boundaries.

• Marijuana Licensing -Make all quasi-judicial and administrative determinations pertaining to the issuance, transfer, renewal, suspension and revocation of marijuana business licenses within the City of Commerce City boundaries.

Assistant City Attorney Loveland, Colorado. April 2012 to present. • Currently contracted on a part-time, hourly basis to complete revision of Loveland Police

Department policy manual. Previously, legal advisorto Police Department, Fire and Rescue Authority, Northern Colorado Airport Commission, Liquor Enforcement, Museum, Library and Risk Management. Draft intergovernmental agreements, contracts, policies, resolutions and ordinances for various departments.

MLA COMMUNICATION PAGE4

Senior Assistant City Attorney Fort Collins, Colorado. December 1994 to March 2010. • Advised various City departments, conducted liquor license application reviews,

prosecuted liquor violations before the Liquor Licensing Authority; supervised Municipal Court prosecution team; drafted ordinances, administrative rules and regulations pertaining to medical marijuana businesses, liquor licensing, administrative procedures for civil infractions and parking services violations; and drafted intergovernmental agreements, contracts, resolutions and ordinances for various city departments.

Deputy District Attorney Eighth Judicial District, Colorado. 1989 to 1994. • Prosecuted traffic, petty offense, misdemeanor and felony criminal cases in county,

juvenile, and district courts in the gth Judicial District. Other duties included general training for law enforcement and litigating civil forfeiture and appellate cases.

PROFESSIONAL ASSOCIATIONS, VOLUNTEER ACTIVITIES and AWARDS • Colorado Municipal Judges Association • larimer County Bar Association

• Colorado Bar Association • Colorado Women's Bar Association • Asian Pacific American Bar Association • 8th Judicial District Judicial Nominating

Committee • CMl Juvenile Justice Committee • Juvenile Services Planning Commission-Senate

Bill94 • National law School Moot Court, Judge

• Colorado High School Moot Court, Judge • Poudre School District Teen Court Program

• Poudre School District Advisory Team

PRESENTATIONS/LECTURES

• Thompson Valley Preschool, Board of Directors • laramie River Valley Rendezvous, Executive

Board member • Childsafe, Inc., Past Board President

• Fort Collins Police Services Meritorious Service Award 2003

• Metro Municipal Attorneys Association 2005 Outstanding Assistant City Attorney Award

• loveland Fire Rescue Authority Citizen Service Award 2013

• loveland Police Chief's Cornerstone Award 2014

• "Plea Bargaining-Ethical, legal and Practical Considerations". CMl Prosecutor Boot Camp, 2014.

• "Department of Human Services and law Enforcement Obligations and Liabilities". loveland, May 2009.

• "First Amendment and Special Event Regulations", Co-presenter. CMl Conference, , October 2008.

• "Undue Concentration and the Colorado Liquor Code". CMl Conference, October 2006. • "legal Issues Enforcing the Fire Code". National Association of Fire Marshals Symposium,

loveland, November 2006. • "Dealing with Nuisances Effectively". CMl Conference,, June 2005.

• "Code Enforcement Investigations". Colorado Association of Code Enforcement Officers, Fort Collins, September 2005.

Teresa Ablao 2061 Shavano Pl. Loveland, CO 80538 Attorney at Law 970-420-2049 treeab@gmail.com

MLA COMMUNICATION PAGE 5

STUART SHAPIRO 1945 South Emerson Street • Denver, CO 80210 • 303.870.5526 • Stuartxyz®gmail.com

PROFILE:

Broad range of experience: contracting, regulatory, litigation management, leasing, financial services, real estate, government and general business issues.

EXPERIENCE:

Denver City Attorney's Office 2007- 2016 • Complex federal and state court litigation, including civil rights, torts and employment

cases.

In-House Counsel, Denver, CO 1999-2007 First United Bank, Matrix Capital Bank, U.S. Escrow Services, Inc., and Grynberg Petroleum Company. • Complex federal court litigation and arbitrations, including False Claims Act, oil and gas

royalty and securities cases. • Handle litigation matters from inception through completion, and draft and negotiate

transactions and commercial contracts, including real estate, loan, escrow, factoring and title issues.

• Handle all litigation and real estate transactional matters for bank with ten branches and with hundreds of millions in deposits, including compliance with federal and state regulations.

Law Practice, Denver, CO 1996- 1999 • Represented clients in litigation and commercial transactional matters. Litigation

involved real estate, banking law, equipment leasing, financial services, real estate and bankruptcy issues.

Federal Deposit Insurance Corporation, Senior Attorney, Denver, CO & Irvine, CA 1990- 1995 • Handled complex commercial litigation, which included real estate, leasing, claims,

insurance, lender liability, environmental, U.C.C., federal statutory construction, promissory note and guarantee, and title issues.

Curfman, Harris, Borniger & Rose, Wichita, KS 1987- 1989 • Handled commercial and banking litigation involving contract disputes, employment,

product liability, aircraft and railroad accident litigation.

Sedgwick County District Attorney's Office, Assistant District Attorney, Wichita, KS 1984 - 1987 • Conducted jury and bench trials involving homicide, fraud, robbery and burglary, and

child maltreatment.

Kansas Supreme Court, Research Attorney, Topeka, KS 1982- 1984 • Conducted research and drafted memoranda on appeals before Kansas' Highest Court

involving tort, contract, statutory construction, criminal, administrative, and corporate matters.

MLA COMMUNICATION PAGE6

EDUCATION:

Juris Doctor, Washburn University law School, Class rank: Top 10%, Cum Laude, Topeka, KS • Member, Washburn Law Journal

Bachelor of Arts, University of Connecticut, Storrs, CT

RESOLUTION

A RESOLUTION APPOINTING TERESA ABLAO AS THE LEAD HEARING OFFICER AND STUART SHAPIRO AS THE ALTERNATE HEARING OFFICER FOR THE CITY OF THORNTON TO CONDUCT MARIJUANA LICENSING HEARINGS AND OTHERWISE ACT PURSUANT TO ARTICLE X OF CHAPTER 42 OF THE CITY CODE AND AUTHORIZING THE CHAIRPERSON TO ENTER INTO SERVICE AGREEMENTS.

WHEREAS, the City Council enacted Article X of Chapter 42 of the City Code relating to Marijuana Licensing on August 24, 2016; and

WHEREAS, Section 42-709 designates the incumbent members of the Council as the Marijuana Licensing Authority; and

WHEREAS, Section 42-709 also requires the Marijuana Licensing Authority to appoint a hearing officer to conduct marijuana license hearings; and

WHEREAS, the Marijuana Licensing Authority has determined that both Teresa Ablao and Stuart Shapiro are highly qualified and will be committed to effectively serving as hearing officers; and

WHEREAS, the Marijuana Licensing Authority wishes to enter into an agreement with Teresa Ablao to provide primary Marijuana Licensing hearing services; and

WHEREAS, the Marijuana Licensing Authority wishes to enter into an agreement with Stuart Shapiro to provide alternate Marijuana Licensing hearing services; and

WHEREAS, the Marijuana Licensing Authority understands that it may not always be possible to schedule a hearing with Ms. Ablao or Mr. Shapiro and wishes to authorize the City Manager to contract with a hearing officer when Ms. Ablao and Mr. Shapiro are not available.

NOW, THEREFORE, BE IT RESOLVED BY THE MARIJUANA LICENSING AUTHORITY OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. That the Marijuana Licensing Authority appoints Teresa Ablao to serve as the primary Marijuana Licensing Hearing Officer and Stuart Shapiro as the alternate Marijuana Licensing Hearing Officer. The City Clerk shall have the discretion to assign hearing matters.

2. That the Chairperson is authorized and directed to execute any necessary agreements and the City Clerk to attest the agreements. The rate of pay shall not exceed a total of $145 per hour.

3. That the City Manager is authorized, for urgent matters, to contract with a hearing officer in the event that Teresa Ablao and Stuart Shapiro are unavailable so long as the terms of service are substantially the same.

PASSED AND ADOPTED at a regular meeting of the Marijuana Licensing Authority of the City of Thornton, Colorado, on , 2017.

MARIJUANA LICENSING AUTHORITY

Heidi K. Williams, Chairperson

ATIEST:

Kristen N. Rosenbaum, City Clerk

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