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File #: ORD 2019-011    Version: Name:
Type: Ordinance Status: Passed
File created: 4/30/2019 In control: Town Council
On agenda: 6/4/2019 Final action: 6/4/2019
Title: Ordinance Amending Title 9 of the Castle Rock Municipal Code by the Addition of a New Chapter 9.24 Entitled Sale of Kratom to Minors Prohibited (Second Reading)
Attachments: 1. Attachment A: Ordinance 2nd Reading, 2. Attachment B: Kratom Survey, 3. Attachment C: Kratom documentation, 4. Exhibit 1: TCHD Statement - Labeling

To:                     Honorable Mayor and Members of Town Council

 

From:                     Elizabeth Allen, Assistant Town Attorney

 

Title

Ordinance Amending Title 9 of the Castle Rock Municipal Code by the Addition of a New Chapter 9.24 Entitled Sale of Kratom to Minors Prohibited (Second Reading)

Body

________________________________________________________________________________

 

The Ordinance was approved on first reading on May 21, 2019 with a vote of 7 to 0 with no changes.

 

Executive Summary

 

The proposed Ordinance amends Title 9 to add a chapter prohibiting the sale of kratom to persons under the age of eighteen (18), punishable by a fine not to exceed $300 per violation.

 

Discussion

 

As outlined in detail in the recitals to this Ordinance, the Town, as a home rule municipality has the authority under the Colorado Revised Statutes to adopt ordinances pertaining to public welfare, health and safety.

 

This Ordinance represented the culmination of a multi-month Kratom Survey, including a roundtable and various forums for public outreach and collection of public comment. Currently, the Town has no ability to regulate sales of kratom products to minors. This Ordinance creates a new chapter that would make the sale of kratom to persons under the age of 18 a municipal code violation, punishable by a fine not to exceed $300 per violation. In preparation of this Ordinance (Attachment A), the Town has summarized the Kratom Survey (Attachment B), detailing the process and results. Additionally, the supporting documentation has been provided in electronic form only due to its voluminous nature.

 

Recommendation

 

Staff recommends approval of the Ordinance as presented.

 

Proposed Motion

 

I move to approve the Ordinance as presented.

 

Attachments

 

Attachment A:                     Ordinance

Attachment B:                     Kratom survey

Attachment C:                      Kratom documentation (electronic only)