a ERGlewood ‘COLORADO, NOTICE TO CEASE AND DESIST and ORDER TO COMPLY To: MR. MARTY FUCHS MR. CRAIG FUCHS LJMC LLC, d/b/a BAKE ENGLEWOOD 3995S. BROADWAY ENGLEWOOD, COLORADO 80110 GREETINGS: YOU are hereby notified that within 14 days of service of this Notice, Bake Englewood shall Cease and Desist allowing the smoking or consumption of marijuana, ‘marijuana concentrate, marijuana edibles, or marijuana infused products or olls located, ‘on the property of 3995 S, Broadway. ‘YOU are Ordered to Comply within 14 days of service ofthis Order, o comply with ‘he limitations of the retail business Hense fr which you applied and were issued. ‘This NOTICE and ORDER is based upon the following, 10 wit: |. That on or about April 11, 2015 your application fora sales and use tax license provided that you sought to engage in the following business categories: ‘miscellaneous general merchandise, miscellaneous apparel and accessory, and miscellaneous food sales. In addition, you specifically noted oa the applica that you were going to sell “hats, shirts, photographs, cigarettes, pipes, and forms of tobacco products.” A copy of your business license application is atached for reference. 2. During the ensuing months, i is apparent through your advertising, public statements, and eye witness accounts that you have held yourself oUt as a social oF membership club with the purpose of providing a place for the general public to engage inthe use and consumption of marijuana produets. This is in direct violation of Amendment 64 that prohibits the consumption of marijuana in a public setting. It is also a violation of Cty Ordinances that prohibit the public constimption of marijuana.Pursuant to Englewood Municipal Code (EMC) 5-1-4 (A)(1), each applicant fora Ticense must submit an application in writing on forms provided by the Licensing. ‘officer. The application requires i, The mame of the license holder, and the name(s) under Which the business is conducted, ji, The address and the specifi activity 1 be conducted, iii, Any information requited by another chapter or section of {his Tite or any other Tile ofthis Code. (emphasis added). In the attachment, you sought a business license to operate a retail business selling, “hats, shirts, photographs, cigarettes pipes, nd other forms of tobacco (ie. ehewing, e-igs, etc)” In indicating the type of business {you intended to open, you checked boxes for “Mise Gen Merchandise Store,” "Misc Apparel & Accessory,” and "Mise Food Store.” In several locations on the application you declined to indicate any intent to ‘operate a business providing any services or other products not otherwise listed on the application. When specifically asked "Do you offer any Other types of business productsservices that are not indicated above?,” you answered NO. gain when asked to list the type(s) of services being provided you answered vA. ‘Asaresultof the statements on your application, on or about April 21, 2015, the City Licensing Officer issued you a license to operate a miscellaneous retail establishment that sells “hats, shirts, photographs, cigaretes, pipes, and other forms of tobacco.” ‘The City of Englewood finance/business licensing department is aware that your business is offering to the public multiple services, including but not limited to, providing a location to consume marijuana products and reating marijuana consumption devices and accessories. ‘The City of Englewood finance department understands that you are charging fees {forthe provision of such services, which is therefore beyond the scope of your retail business licens, ‘Your business license application does not indicate any intent to operate a ‘membership club, and instead only indicates the intent to operate a retail business. ‘As such, operation of a membership club is beyond the limitations of your retail business license Upon information available to the City Licensing Officer, your advertised business is in violation of several state and federal statues. Marijuana consumption is legal in Colorado under certain cireumstances, yt it remains unlawful when conducted openly or publily. Colo, Const. Article XVIII Sec 20f610. 16(3)(d). “Public Place” is defined by Colorado Statue as, “a place to which the public or a substantial number of the public has access, and includes but is not limited to bighways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings and facilities.” Itis understood that you are permiting patrons to consume marijuana in the common areas of your business. Its also understood that you invite a substantial numberof the general public to come to your business and charge an admission fee to consume marijuana. As indicated above, your license only allows you fo operate a retail business and not a membership club or service based busines. ‘A retail business is generally understood to be open to the general public; therefore, allowing patrons to consume marijuana at your business which is solely licensed to operate as a retail establishment, isa violation ofthe Colorado Constietion"s, as well asthe Englewood Musicipal Cole's (EMC 7-60-12), prohibitions on public marijuana consumption. Also, as you advertise your services and seek patronage from a substantial ‘numberof the public, itis understood that your business is a “public place” and is. therefore violating the state prohibition on public consumption of marijuana. Itis understood from your advertising and eyewitness accounts that “membership” is ‘open to anyone of legal age who pays a nominal fe. ‘Marijuana sales, distribution and consumption remain a violation of the Controlled Substances Act. 21 U.S.C. §801, et. seq. It is understood that your business permits possession, dispensation and distribution of marijuana products and paraphernalia, such acts are prohibited by the Controlled Substances Act. ‘The Colorado Clean Indoor Air Act prohibits smoking in indoor public areas. As your business is known to allow smoking indoors, tis believed tobe in violation ‘of the CCIAA. The CCIAA applies equally to tobacco and marijuana smoke and is intended to protect te public from involuntary exposure to environmental tobaceo and marijuana smoke. Operation of a marijuana consumption club constitutes a danger to health, safety, and welfare of the public. Continued operation of your business may result in summary revocation of your business license pursuant applicable law concerning «establishment of ordinances (including but not limited to Englewood Municipal Code 7-60-12-2). Continued operation of your business in contravention of your issued license may further be considered a nuisance under City and stale laws. ‘Your application contains the following acknowledgement: NONCOMPLIANCE WITH CITY ADOPTED CODES MAY RESULT INTHE CITY PURSUING FORMAL LEGAL ACTION SUCH AS DISTRAING. WARRANT, A SUMMONS AND COMPLAINT FILED THROUGH THE. MUNICIPAL COURT, A TAX LIEN OR LICENSE REVOCATION. 3016In the event that you fail to comply with said Notice of Cease and Desist, and Order to Comply; iBake shall be subject tothe following penalties: EMC 5-I-4(D). Suspension or Revocation of License: ‘The City Licensing Officer may suspend or revoke an existing license under the following conditions: |The license was obtained by fraud, mistepresentation, of false statements 2, The licensed at ty isa public nuisance as defined by ordinance or statue. 3. The license was issued in error. [Upon grounds provided by any other city application reyuirement, ordinane, State ‘Statute, Federal Law, or regulation of the City, State, or Federal government 5, The applicant is in default of any indebtedness or other obligation due the Ciy. 6. The proposed use of any premises for which the license is sought i not authorized by the Unified Development Code, building, housing or other regulations. 7. Failure ofthe license holder to submit a new application before the expiratien of current license 8. "The granting of a license does not give the license holder an automatic renewal. An application for a renewal will be denied if any condition exists which ‘would result in the denial ofan application for a new license ‘This Document is an Order to Comply with the restrictions of your license, failure to comply within 14 days will result in revocation of your license. You, or the: seek a hearing pursuant to the following code sections during the time for compli noted. EMC 5-1-9 Revocation Hearing. ‘A, When a City official reports a violation ofthis Title, Code, law, statute, or ordinance, the Licensing Officer shall issue a provisional order to comply, 1. The provisional order, and all other notices issued in compliance with ths Title, shall be in writing shall be served as provided in the Englewood Municipal Code, and shall notify the license holder ofthe specific violations). If the license holder cannot be served in this. ‘manner, the premises may be posted, 2. Before the period of compliance expires, as noted inthe provisional order, the license holder or the City may submit a writen application for hearing. The Licensing Officer shall order a hearing alter reviewing the application 4o0f63. ‘The Licensing Officer shall order a hearing within fourteen (14) days ofthe receipt ofthe application for a hearing. 4. The Licensing Officer shall make a final decision in writing, within thiny (30) days after the conclusion of the hearing. B. The Licensing Officer shall have the authority to revoke or suspend licenses, to extend the time for compliance, to grant a new hearing, and to change, modify or rescind ny recommendation or order. C. When the conduct of any license holder, agent, or employee is so hazardous tothe public health, safety and general welfare as to constitu a danger to health, safety, and welfare ofthe public or give rise to an emergency. the Licensing Office shall have the authorty to summarily order the cessation of business and close the premises orto suspend or revoke th license unless ‘waived in writing, within ten (10) days after the issuance of the summary order, the Licensing Officer shall conduct a hearing. The Licensing Officer shall make a final decision in writing, within thity 30) days after the conclusion of the hearing 5-1-9(D):. Appeal ofa final decision ofthe Licensing Officer. ‘Any license holder aggrieved by a final decision of the Licensing Officer shall have the right to appeal to an independent hearing officer appointed by the Cty. A written appeal ‘must be filed withthe City Manager within ten (10) days ofthe final decsion by the Licensing Officer. 1. The appeal shall include a copy of the order or decision ofthe Licensing Officer and a statement by the license holder seting forth the bass ofthe appeal 2, The City Manager shall fx atime and place for hearing the appeal and shall give notice to the appellant and Licensing Officer. 3. The independent hearing officer shall be limited to a determination ss to whether the Licensing Officers finding was arbitrary and capricious. 4. The findings ofthe independent hearing officer shall be given the appellant and the Licensing Officer. 5. Ifthe independent hearing officer makes a determination that the Lizensing Office's finding was arbitrary or capricious, the Licensing Officer stall follow the procedures and have the powers set forth under paragraphs, A, B, ard C, of this section to make corrections and issue a new final decision. Administrative action does not prevent the City from proseeuting this matter in ‘Municipal Court. 5-1-9(B): No civil or administrative action shall bar or prevent prosecution in Municipal Court for any violation ofthis Code. 50f6YOU HAVE 14 DAYS TO COMPLY WITH THIS ORDER. FAILURE TO COMPLY WITH THIS ORDER WILL RESULT IN REVOCATION OF YOUR LICENSE Dad nis 2 lay of December 2016, ‘of Finance and Administrative Services City of Englewood (CERTIFICATE OF SERVICE, ‘hereby certify that {served the following Notice of Cease and Desist and Order to Comply o_o Bake. by personally hand Aelivering said Notice and Order this _day of December 2016, Server 5oF6