But Sovine says her business plan and ventilation system would have avoided any possible issues.
By falling within the 1,000-foot buffer, Utopia could've presented a danger to the children at Third Way, according to the attorney. Kilroy gets the final say in whether the city officially rejects Sovine's request for an appeal and will issue a decision soon. Excise and Licenses declined to comment until Kilroy's final decision.ĭuring the hearing in July, Utopia proponents pointed to exemptions being granted for Denver liquor-license holders in the past, but a city attorney argued during the July 31 hearing that none of their examples involved location issues near schools or child-care centers. "It is not unusual for us to deny an application if it is incomplete or deficient," Kilroy explained at the time, adding that she actually didn't have the power to issue the exemption the spa needed for approval.īut Sovine and a number of social use proponents argue that Kilroy not only has the power to grant exemptions to the licensing qualifications, but that the Excise and Licenses director has a duty to use that power if the location restrictions "frustrate the intent of the ordinance." Kilroy disagreed in May, however, denying Utopia's application. "If she could add them despite the will of the voters, then why can't she grant an exemption?," Sovine asks. After all, Sovine notes, the location restrictions weren't part of the initiative Denver voters approved in 2016 but were added later by a city implementation task force and approved by Kilroy. The proposed spa would have been a little over 980 feet from teen-care facility the Third Way Center, but Sovine received a letter of support from Third Way leadership and five neighborhood organizations, four more than what Denver requires.Ī cannabis lobbyist at the State Capitol, Sovine believes that Excise and Licenses director Ashley Kilroy could have waived the restriction if Utopia's business plans lined up with the intent of the original social-use initiative. The application was denied over a location restriction that prohibits cannabis-use areas from being within 1,000 feet of places where children gather. Sovine attempted the appeal after Excise and Licenses denied her application for Utopia All Natural Wellness Spa to become the city's second licensed business for social cannabis use.
But if the Denver Department of Excise and Licenses follows the hearing officer's lead, she won't even get that far. Sovine is hoping for an appeal after the city denied her application in May, but in order to officially appeal the denial, Sovine first has to get her request approved by the city.
The chances of a licensed cannabis spa setting up shop at 1244 Grant Street are looking more unlikely after the city sided against the spa's owner, Cindy Sovine, during a hearing on July 31.
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