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Audit - City and County of Denver

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esults consistently. 28 For example, “valid zoning permit,” “valid alarm system permit,” <strong>and</strong>licensee in possession/control <strong>of</strong> (MM) premise” are listed as inspection items, but pro<strong>of</strong><strong>of</strong> these items is among the required documents to be submitted with the application.Therefore, inspecting for these items is duplicative <strong>of</strong> a previous Department activity.Further, we noted that some inspectors marked these items as not applicable or “N/A,”whereas others marked them “yes” or “no.”Additionally, the Inspection Report template was designed for medical marijuanadispensaries, which are now obsolete. Since the three new license types have slightlydifferent requirements, the current template contains items that are no longer required.To ensure that <strong>City</strong> inspectors are consistently inspecting to current rules, we recommendthat the Department update the Inspection Report template <strong>and</strong> establish guidelines forcompleting it. A different Inspection Report can be developed for each MM licensetype, or one form that distinguishes between the requirements <strong>and</strong> includes the licensetype can be used.This is related to an issue we noted in our 2010 audit <strong>of</strong> the Department <strong>of</strong> Excise <strong>and</strong>Licenses for other types <strong>of</strong> licenses. Specifically, this audit recommended recording <strong>and</strong>tracking inspection information. For the current audit, we recommend that theDepartment update the Inspection Report to ensure that reviews are consistent betweeninspectors <strong>and</strong> that inspection results are recorded in a consistent manner. This improvedmethod <strong>of</strong> tracking will provide the Department with more useful information to supportlicensing decisions.Even if the Inspection Report template is updated <strong>and</strong> used consistently betweeninspectors, it will not address the absence <strong>of</strong> Department follow-up on in-processapplications or the lack <strong>of</strong> licensing deadlines. Both <strong>of</strong> these issues contribute to lengthycycle times. For example, audit review <strong>of</strong> 41 sample files determined that for sixapplications (15 percent), the inspection cards issued to the applicants between August2012 <strong>and</strong> December, 2012, have not yet been returned to the Department. Since theDepartment does not follow up on these applications, it is possible that these businesseshave been operating uninspected <strong>and</strong> unlicensed for six months.The Purpose <strong>of</strong> the Local Verification Form is Unclear <strong>and</strong> May Confuse LicensingDecisions – State Rules require local approval <strong>of</strong> an MM license application or a locallicense as a condition <strong>of</strong> granting the state license. 29 However, the form that wasdeveloped to ensure this requirement is met is not used for this purpose.To address the requirement <strong>of</strong> local license approval prior to issuing a state license, inmid-2012, the state developed a form called a local verification form (LVF). The state’sMedical Marijuana Enforcement Division (MMED) populates an LVF with informationabout the MM business applying for a state license <strong>and</strong> sends it to the appropriate locallicensing authority. The local licensing authority is to complete the form regardingapproval <strong>of</strong> the local license application <strong>and</strong> return it to MMED. Specifically, the section<strong>of</strong> the LVF to be completed by the local licensing authority is titled “Report <strong>and</strong> Approval28 The Department inspectors complete a one page document called an “Inspection Report” to document their inspection.29 C.R.S. § 12-43.3-305 (2).P a g e 23Office <strong>of</strong> the <strong>Audit</strong>or

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