(1) (a) The state licensing authority may issue a retail marijuana hospitality and sales business license authorizing the licensee to operate a licensed premises in which marijuana may be sold and consumed pursuant to this article 10, rules promulgated pursuant to this article 10, and the provisions of the ordinance or resolution of the local jurisdiction in which the licensee operates.
Subject to provisions of this article 10 and the ordinance or resolution of the localjurisdiction in which the licensee operates, a retail food business as defined in section 25-4-1602 (14) that does not hold a license or permit issued pursuant to article 3, 4, or 5 of this title 44 may apply for a license to operate a retail marijuana hospitality and sales business in an isolated portion of the premises of the retail food business. A retail food business operating a retail marijuana hospitality and sales business pursuant to this subsection (1)(b) is subject to the terms and conditions of article 4 of title 25 and the rules promulgated pursuant to that article, including but not limited to licensure requirements and inspection and enforcement authority of the Colorado department of public health and environment. This subsection (1)(b) does not authorize the retail marijuana hospitality and sales business to engage in the manufacture of medical marijuana-infused products or retail marijuana products or to add marijuana to foods produced or provided at the retail food business.
The state licensing authority shall maintain a list of all retail marijuana hospitalityand sales businesses in the state and shall make the list available on its website.
(2) A retail marijuana hospitality and sales business licensee shall not:
Engage in multiple sales transactions to the same patron during the same businessday when the business's employee knows or reasonably should have known that the sales transaction would result in the patron possessing more than the sales limit established by the state licensing authority;
Allow on-duty employees of the business to consume any marijuana in the licensedpremises;
Distribute or allow distribution of free samples of marijuana in the licensed premisesof the business;
Sell any retail marijuana or retail marijuana products that contain nicotine or, if thesale of alcohol would require a license or permit pursuant to article 3, 4, or 5 of this title 44, alcohol;
Allow the consumption of alcohol on the licensed premises;
Allow the smoking of tobacco or tobacco products in the licensed premises of thebusiness;
Allow the use of any device using any liquid petroleum gas, a butane torch, a butanelighter, or matches in the licensed premises if prohibited by local ordinance or resolution;
Allow any activity that would require an additional license under this article 10 in thelicensed premises of the business, including but not limited to manufacturing or cultivation activity;
Knowingly permit any activity or acts of disorderly conduct as described in section18-9-106;
Sell, serve, or permit the sale or serving of retail marijuana or retail marijuana products to any patron who shows signs of visible intoxication;
Permit rowdiness, undue noise, or other disturbances or activity offensive to the average citizen or to the residents of the neighborhood in which the licensed premises is located; or
Admit into the licensed premises of a retail marijuana hospitality and sales businessany person who is under twenty-one years of age.
(3) A retail marijuana hospitality and sales business licensee shall:
Track all of its retail marijuana and retail marijuana products from the point that theyare transferred from a retail marijuana store, retail marijuana products manufacturer, or retail marijuana cultivation facility to the point of sale to its patrons;
Limit a patron to one transaction of no more than the sales limit set by the statelicensing authority by rule pursuant to section 44-10-203 (2)(ff)(II);
Before allowing a patron to leave the licensed premises with any retail marijuana orretail marijuana products, package and label the retail marijuana or retail marijuana products in accordance with procedures developed by the business that comply with the requirements of section 44-10-203 (2)(f) and (3)(b);
Operate the business in a decent, orderly, and respectable manner;
Require all employees of the business to successfully complete an annual responsiblevendor training program authorized pursuant to section 44-10-1201;
Ensure that the display and consumption of any retail marijuana or retail marijuanaproduct is not visible from outside of the business;
Educate consumers of marijuana by providing informational materials regarding thesafe consumption of marijuana. The materials must be based on the requirements established by the marijuana educational oversight committee, established pursuant to section 24-20-112 (4), and on the relevant research from the panel of health care professionals appointed pursuant to section 25-1.5-110. Nothing in this subsection (3)(g) prohibits a local jurisdiction from adopting additional requirements for education on safe consumption.
Maintaining a record of all educational materials required by subsection (3)(g) of thissection in the licensed premises for inspection by state and local licensing authorities and law enforcement; and
If an emergency requires law enforcement, firefighters, emergency medical serviceproviders, or other public safety personnel to enter a retail marijuana hospitality and sales business, ensure that all employees and patrons of the business cease all sales, consumption, and other activities until such personnel have completed their investigation or services and have left the licensed premises.
A retail marijuana hospitality and sales business and its employees may remove anindividual from the business for any reason, including a patron who displays any visible signs of intoxication.
A retail marijuana hospitality and sales business may purchase retail marijuana orretail marijuana products from any retail marijuana store, retail marijuana cultivation facility, or retail marijuana products manufacturer.
Source: L. 2019: Entire section added, (HB 19-1230), ch. 340, p. 3121, § 20, effective January 1, 2020.