Oak Creek Town Board OKs Mary’s license
Marijuana shop can operate if it moves plants, gets inspection
August 27, 2011
Steamboat Springs — The town of Oak Creek will allow Mary's Medical to continue to operate on the condition that the marijuana dispensary move about 25 plants from its premises to comply with land-use codes.
In a 3-1 vote at the Oak Creek Town Board meeting Thursday night, the board approved the renewal of Mary's license, with Trustee Chuck Wisecup opposing, as he has all six of the marijuana business licenses that have come up this year.
During the meeting, Mary's partner Josh Scruggs represented the dispensary.
"Until we get through these humps, the way it is right now we understand it's an issue for the town and we want to respect that," Scruggs said.
The plants inside Mary's are in compliance with state standards but violate town codes, which do not allow agriculture operations in the building.
Mary's is required by state law to grow 70 percent of its product. Owner Jacob Wise said that he has another building at the old lumberyard on Nancy Crawford Boulevard but that moving the plants is not as easy as loading them into a truck.
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The new premises will have to be brought up to specific state standards, and the Mary's plants must be kept completely separate from the grow operation for Rocky Mountain Kitchens, which Wise also owns.
To make those changes, Mary's also will have to go through the town Planning Commission, which doesn't meet until Sept. 21.
Because of that process, the board discussed allowing Mary's to continue to operate until the issues can be resolved.
Town Trustee Bernie Gagne said a possible medical marijuana business ban in November further complicates the process.
"For me, the overriding factor is there's a vote in November that supercedes to some extent what we do here today," he said to Scruggs. "It possibly could shut you down."
The motion that Gagne made to approve the license came with the condition that the plants be moved by Election Day and that they get another building inspection to check the electrical wiring.
"They did everything else we asked until they were growing in there," Mayor Nikki Knoebel said during the meeting.
When reached Friday, Wise said it was "real nice" of the town to renew his license in the interim.
Also at Thursday's meeting, the Town Board approved Ordinance 611, which makes water and sewer taps non-transferable and will require anyone who wants to connect a tap purchased more than five years prior to pay the difference in the tap fees.
The town is hoping to prevent people from buying up taps and then reselling them years later when prices have increased.
Trustee Wisecup said he was concerned that the ordinance might prevent developers from buying taps.
"I can see, with the economy the way it is, people needing more time to build their houses or whatever, and I could see it being deterrent to some building going on," Wisecup said.
He was the lone board member to vote against the ordinance.
Trustee Wesley Woodford said the town needed to protect itself and that the ordinance would help the town keep up with rising costs of water and sewer utilities.
In other action
The Oak Creek Town Board:
■ Approved, 4-0, the Bulk Fuel Vendor Agreement for the Low-income Energy Assistance Program
■ Approved, 4-0, painting the new water tank beige.