Pubdate: Sat, 03 Oct 2015
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2015 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Kassondra Cloos

LAYWER: SHUT DOWN MARIJUANA 'SOCIAL CLUB' NOT BREAKING COLORADO SPRINGS LAWS

A marijuana social club that opened Friday amid questions over the 
legality of such venues - and a citywide moratorium on new ones - has 
been shut down for reasons completely unrelated to marijuana.

Fire investigators went to One Love Club, on 21st Street between 
Highway 24 and Colorado Avenue in Colorado Springs, before it opened 
to tell the owner the club needed permits it didn't have in order to 
open, Fire Marshal Brett Lacey said Saturday. But the club opened 
anyway, and at 10 p.m. Friday the Colorado Springs Fire Department 
shut it down and kicked everyone out.

Saturday afternoon, the club posted a "thank you" message on its Facebook page.

"We are as disappointed as you are that we didn't get to jam with FY 
(Fortunate Youth)," the message said. "We certainly did not expect 
the evening to end that way. ... Going forward, we are forced to 
comply with a 49 person occupancy until further notice."

The club had hired a band, sold tickets and collected membership fees 
for patrons to be able to get pot in exchange for reimbursement fees. 
An owner who did not identify himself Friday night referred questions 
to his lawyer, Robert Corry.

Corry denied that One Love Club's purpose is smoking or selling 
marijuana. He called it a "social club," and said its purpose is for 
people to gather, enjoy each other's company and exercise their First 
Amendment rights to assemble and their Colorado 64th Amendment right 
to consume marijuana.

"We don't tolerate the sale of marijuana," he said Saturday after 
asked about the club's "dab bar," which has a menu listing prices for 
which people can acquire marijuana in exchange for "reimbursement" 
fees. "There are no sales of marijuana. There are reimbursements for 
direct, out-of-pocket costs."

One Love Club isn't breaking city laws, Corry said, and doesn't need 
permits because it is a "private membership club" and not a 
"commercial enterprise."

"Maybe it's not for everybody," he said. "If it offends you, don't go."

Marijuana had nothing to do with the reason the club was shut down 
Friday, Lacey said.

"I don't care about the marijuana at all. If anything that's a PD 
(police department) issue," Lacey said. "The owner of the facility 
failed to get proper plans submitted and permits approved."

Lacey said the Fire Department received complaints from nearby 
businesses that the One Love Club planned to open without proper 
permits, and upon investigation it was found that there was no record 
of necessary actions to comply with fire code.

"Frankly, we want to be assisting all of the businesses we can," 
Lacey said. "But when individuals are going to be so brazen as to 
ignore the law, that leaves us with no choice but to take the steps 
necessary to protect the public."

Seven misdemeanors summonses were issued to the owner of One Love 
Club, Jered Ray McCusker, Friday night for issues including being 
over capacity limits, having electrical problems, failure to apply 
for a change of assembly type permit, occupancy before approval, 
failure to provide proper exits and exit lighting, and incorrect 
number and type of fire extinguishers.

Each violation carries a fine of up to $2,500 and possible jail time, 
Lacey said.

McCusker was issued a cease-and-desist order and told not to operate 
until all violations were corrected, according to the Fire 
Department. But One Love Club planned to open at 3 p.m. Saturday, 
according to its Facebook page.

Fire officials and Colorado Springs police were at the One Love Club 
shortly after 8 p.m. on Saturday. Lacey told The Gazette at about 9 
p.m. that he heard about the club's Facebook post and sent inspectors 
to see if One Love had opened.

"There wasn't anybody but the owners there," he said. "I'm glad to 
see that they're complying with orders that were issued last night."
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MAP posted-by: Jay Bergstrom