John Scarffe, Nederland.  The Nederland Board of Trustees received a request for a new retail marijuana business on Jefferson Street during the regular meeting on Tuesday, August 18. Owned by a Middle Boulder Management business, the name of the store has yet to be determined.

During a Public Hearing, the Board considered an application for Icebox Flower Nederland, to be known as Growhouse Nederland, for a retail marijuana store at 150 N. Jefferson Street, Units B3 & B7.

The application process was begun at the request of the Town Clerk, LauraJane Baur: she had received the application packet from the State and become aware that renovation work had begun on the subject location, prompting her to make that request.

The State issued their Retail Marijuana Conditional License effective June 8, 2015.  The license is conditional upon Local Licensing Authority approval.

Baur has confirmed that the necessary requirements for an application have been met. During the application process, two building permits were applied for retroactively.

One of those permits was requested after a stop work order had been issued on work going forward without a permit. The original application included an application for a manufacturing license, but this was found not to comply with zoning regulations.

Several requests were made to the applicant during the process to remove references to the manufacturing process in order to comply with a retail sales-only application.

The applicant notified the Town Clerk of the intent to change the name for the business during the application process. The application paperwork was submitted as Icebox Flower Nederland, but the business will be licensed as Growhouse Nederland.

The applicant must also make this change with the Department of Revenue regarding their State retail marijuana license. The retail marijuana store may be open seven days a week, and the hours of operation may commence no earlier than 8 a.m. and end no later than midnight the same day. Growhouse Nederland is proposing hours from 8 a.m. to midnight.

All requirements have been met, so the Clerk is required it to recommend approval. The business is considering another name. Baur said she would like to wait until the name is straight and approve the license then. “It’s just logistics,” Baur said. “They have a proper business name and it is registered with the state.”

Trustee Randy Lee said the applicant has a history of disrespecting Town code. “If you are in violation in the future it will be withdrawn,” Lee said, and Town Attorney Carmen Berry said the Trustees have the authority to withdraw a license.

Baur said the City was notified by police of an alarm at the site and because the business was doing renovation at the site without a permit, so they posted a stop work order. Subsequently, the owner came in and applied for the permit.

Applicant Craig Clark, sole owner of Middle Boulder LLC and a Colorado native, told the Board he attended the University of Colorado and is a licensed attorney. He owns pillows.com. Clark said he has one location in Frasier and is looking at Central City. He said he must have strict compliance in his stores and got off on the wrong foot with the Town on permit issues.

Clark took steps to correct that, he said.  He moved his director of operations to Nederland from Frasier and has done a much better job with compliance. The business will be respectful to the Town staff, Board and General Public, Clark said.

The store in Frasier is named Icebox Flowers, so he has submitted for a domain name of GrowHouse.com. and is in the process of rebranding. Mayor Pro-Tem Peter Fiori looked up the domain name during the discussion and said the name is already on the list as being used.

Clark said he will comply with Town sign codes. “We have no intent to do manufacturing,” he said, “We’re likely going to move that to Pueblo. It will be only recreational retail sales of marijuana.”

Clark said if they have concerns from the community with loitering or a nuisance, they’d work with neighbors to make changes. Outreach programs include working with charities one day a month. “We truly are committed to be a part of the community,” Clark said.

Trustee Randy Lee moved that a directive be given to Town Staff  to approve the license but not issue it until a business name has been submitted to staff. The Board approved the motion.

The next meeting of the Nederland Board of Trustees will be on Tuesday, September 1, at 7 p.m. at the Nederland Community Center.