[bouldercouncilhotline] Hotline: Re: Citation! Advertising and Sponsorship Regs

[cmosupport at bouldercolorado.gov]

Sender: Cowles, Macon

Dear colleagues:

I have this question as well re current practice for enforcement of MJ regs: Can you help me understand why support of Boulder Pride, a 501(c)(3) organization is a violation of Boulder MJ regulations, given the exemption in subparagraph (D) of BRC 6-16(8)(p)(1)(D)?

I need to understand why support of the Boulder Pride event by The Farm and separately by Terrapin is a violation of Chapter 16? I don’t see, on the photo supplied, any materials at the Farm booth that are promoting the use of MJ products. I see a guy with a tank top that has a rainbow colored Farm logo on it.

MJ business have similarly given financial support to non-profit organizations in the City of Boulder including:

Colorado Youth Symphony
Boulder Humane Society
eTown Hall Community Cycles
KGNU
Safehouse Fringe Festival

The total amount provided by MJ businesses to Boulder non-profits over the last 12 months is over $100,000. It is important that regulated businesses be able to support 501(c)(3)’s without being cited for violations.

Tom and Kathy, I would appreciate your providing an amendment to the MJ ordinance for consideration by Council that would remove jeopardy from businesses that sponsor events such as this.

Also, would you kindly prepare an amendment for tonight that provides court de novo review of license suspensions or revocations that may be instigated under BRC 6-16-4 (e) and BRC 6-14-4 (e) in the same way that we are providing such review for fines and violations?

Thanks very much.

Macon Cowles
 
Begin forwarded message:

From:
"Cowles, Macon" <cowlesm at bouldercolorado.gov>

Subject:
Fwd: Citation! Advertising and Sponsorship Regs

Date:
October 19, 2015 at 8:56:43 PM MDT

To:
Tom Carr <CarrT at bouldercolorado.gov>, Jane Brautigam <BrautigamJ at bouldercolorado.gov>

Tom and Jane, good evening.

Hmm. As I understand, Jan Cole’s business gave $10K to sponsor the Boulder Pride event, and they received a booth for the sponsorship from which they sold T-shirts with the farm logo and rainbow colors, but otherwise distributed no literature. I guess the issue is whether selling T-Shirts is purely incidental to the sponsorship.

Can you help me understand why this is a violation, given the exemption in subparagraph (D)?

Thanks.


Macon Cowles
Boulder City Council Member
1726 Mapleton Ave.
Boulder, Colorado 80304
CowlesM at bouldercolorado.gov
(303) 638-6884


Begin forwarded message:

From:
Jan Cole <jan at thefarmco.com>

Subject:
Citation! Advertising and Sponsorship Regs

Date:
October 19, 2015 at 8:31:40 AM MDT

To:
Mishawn Cook <cookm at bouldercolorado.gov>, Beverly Bookout <bookoutb at bouldercolorado.gov>

Cc:
"council at bouldercolorado.gov" <council at bouldercolorado.gov>,
 Jeff Gard <jeff at gardlawfirm.com>, Henry Wykowski <hgw at wykowskilaw.com>, Jep Lobbiest <Jseman at corporateadvocates.net>


Mishawn, Bev, Council and Lawyers

Regarding the citation for our booth for sponsoring Out Boulder.

See below for Boulder Recreation marketing/adversing regs.  The areas I've highlighted indicate what I believe we were cited for AND clearly showing that sponsorships are one of the exceptions. 
I'm not sure why we were cited.  We have been sponsoring and have a presence with many non-profits in Boulder.  Our attorneys cleared us for sponsorships last year when we we sponsored the Symphony.  We are deeply concerned about this citation. Please help guide us and staff so we are clear in our understanding of what the rules mean.  


Thank you
Jan Cole
The Farm

6-16-8 (p) Advertisement. 

A recreational marijuana business may not advertise in a manner that is misleading, deceptive, false, or designed to appeal to minors. The following conditions shall apply:

(1) Except as otherwise provided in this paragraph, it shall be unlawful for any person licensed under this chapter or any other person to advertise any recreational marijuana or recreational marijuana-infused product anywhere in the city where the advertisement is in plain view of, or in, a place open to the general public, including advertising utilizing any of the following media: any billboard or other outdoor general advertising device as defined by the zoning code; any sign mounted on a vehicle; any handheld or other portable sign; or any handbill, leaflet, or flier directly handed to any person in a public place, left upon a motor vehicle, or posted upon any public or private property. 
The prohibition set forth in this paragraph shall not apply to:

(A) Any sign located on the same zone lot as a recreational marijuana center which exists solely for the purpose of identifying the location of the recreational marijuana center and which otherwise complies with this code and any other applicable city laws and regulations, which sign includes only the name and address of the center;

(B) Any advertisement contained within a newspaper, magazine, or other periodical of general circulation within the city or on the internet;

(C) Any products marked with the name or logo of the licensed recreational marijuana center, including wearable or non-consumable merchandise, packaging in which marijuana is sold, or on recreational marijuana accessories sold; or

(D) Advertising which is purely incidental to sponsorship of a charitable event by a recreational marijuana center or a recreational marijuana-infused products manufacturer.