R.47. Affirming the Denial of a Retail & Manufacturing Marijuana License to La Patronas, LLC D/B/A Herbz

Palisade Board of Trustees
Date of Vote: Tue, Oct 10th 2017
Polls (closed):
Yay (0)    Nay (0)


                    A Resolution of the Board of Trustees for the Town of Palisade, Colorado, Affirming the Decision of Hearing Officer Care’ McInnis in Regard to the Town’s Denial of a Retail Marijuana Store License Application and a Retail Marijuana Manufacturing License Application Submitted by La Patronas, LLC D/B/A Herbz.

WHEREAS, on or about July 7, 2017, La Patronas, LLC d/b/a Herbz filed an application
for a retail marijuana store license and a retail marijuana manufacturing license; and

WHEREAS, on or about August 4, 2017, Lindsey Chitwood, the Palisade Town Clerk, on
behalf of the Palisade Local Licensing Authority issued a letter to La Patronas, LLC denying the
applications submitted based on at least seven (7) substantial errors in the applications; and
why ads?

                    WHEREAS, on or about August 24, 2017, Ed Sittner, on behalf of La Patronas, LLC, sent
an email to the Palisade Town Clerk indicating that he was appealing the decision to deny the
applications “in full”; and

WHEREAS, in accordance with Section 6-18(b) of the Palisade Municipal Code, the Board
of Trustees, acting as the Palisade Local Licensing Authority, duly appointed Care’ McInnis as a
Hearing Officer to hear the appeal filed by La Patronas, LLC on September 12, 2017; and

WHEREAS, on September 28, 2017 Hearing Officer Care’ McInnis issued a decision
without a hearing recommending the denial of the appeal filed by La Patronas, LLC on the
grounds that new and modified required information in an attempt to correct deficiencies was
submitted past the deadline and on the grounds that substantial amendments to previously
filed applications are not authorized by the Palisade Municipal Code, a copy of said letter is
attached hereto as Exhibit “A” and incorporated herein by this reference.
Section 1. The recommendation of Hearing Officer Care’ McInnis is hereby affirmed
and adopted by the Board of Trustees acting as the Palisade Local Licensing Authority.
Section 2. The retail marijuana store license application and the retail marijuana
manufacturing license application submitted by La Patronas, LLC d/b/a Herbz is hereby denied
for the reasons stated in the Town Clerk’s letter of August 4, 2017 to La Patronas, LLC, attached
hereto as Exhibit “B” and hereby incorporated herein by this reference.

September 28, 2017
Town of Palisade, Board of Trustees 
Mayor Granat 
175 East 3rd Street 
Palisade, CO 81526-0128

Mayor Granat and Members of the Board of Trustees, 

As a Hearing Officer for the Town of Palisade, I was asked to preside over the appeal process 
concerning the application for a retail marijuana business license submitted by La Patronas, LLC, 
on July 7, 2017. 
I have reviewed all of the local and State regulations governing this process, as well as all 
related correspondence specific to this case. My review of correspondence is limited to the 
exhibits listed below and attached hereto. I have not relied upon or reviewed any direct 
correspondence between interested parties, should any exist. I have enacted Rules of 
Procedure for the hearings. 
The Town of Palisade published the “NOTICE OF TOWN OF PALISADE RETAIL MARIJUANA 
APPLICATIONS AVAILABLE”, (hereinafter referred to as “Notice”), in the Daily Sentinel June 28, 
2017. (See Exhibit “A”) Pursuant to the Notice the deadline to submit applications was July 7, 
2017. Pursuant to the Notice the Town Clerk was required to notify the applicant in writing of 
any deficiencies and allow the applicant to correct such deficiencies within (15) days of such 
On August 4, 2017, the Town Clerk, Ms. Chitwood, notified La Patronas, LLC, in writing that the 
submittal of the application was denied. Ms. Chitwood notified La Patronas that The Town of 
Palisade was not able to process the application, based upon a number of material errors in the 
original application. (See Exhibit “B”) The application was neither approved, nor denied at that 
time. It was not processed due to material errors, or in other words, the Town of Palisade 
determined it was incomplete. 
Although no decision had been made on the merits of the original application, on August 24, 
2017, La Patronas notified Ms. Chitwood of an intent to appeal the decision via email. (See 
Exhibit “C”)  
On August 24, 2017, La Patronas responded in writing to the stated errors and omissions 
through Madeline Jacklin of Russell Planning & Engineering. (See Exhibit “D”) Among other 
responses, La Patronas requested that the Town of Palisade, “Please disregard the original 
operating plan and refer to the updated Retail Operating Plan and new MIP Operating Plan.”  
The La Patronas application forms and supplemental documentation were either: 
1.  Incomplete. New and modified required information was submitted August 24, 
2017. The Notice found in Exhibit “A”, clearly allows only (15) days from from August 
4, 2017 to correct any deficiencies, or  
2. Untimely. In requesting that the Town of Palisade disregard the original operating 
plan, and refer to the updated Retail Operating Plan and new MIP Operating Plan, La 
Patronas submitted an entirely new application outside of the application deadline 
of July 7, 2017. Additionally, the Board of Trustees recently confirmed that 
amendments are not authorized. 
Therefore, there is no ripe appeal upon which evidence could be presented, and further 
findings of fact and law cannot be made by a Hearing Officer. 
In good faith, it is my conclusion that my services as a Hearing Officer are no longer necessary in 
this case, and La Patronas has failed to adequately apply for a Retail Marijuana Business License 
in the Town of Palisade. 

Please let me know if I can be of further assistance. 

Care’ McInnis 
Hearing Officer 
Town of Palisade

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.