HomeMy WebLinkAboutOrdinances - 2014-01 - Adopting interim regulations on marijuana related uses pursuant to RCW 35.A.63.220 & RCW 46.70A.390, WA state initiative No. 502, repealing ord. 2013-06 - 2/11/2014City of East Wenatchee, Washington
Ordinance No. 2014-01
An Ordinance of the City of East Wenatchee adopting interim
regulations pursuant to RCW 35A.63.220 and RCW 36.70A.390;
adopting regulations on marijuana related uses for a period of six
months while the City considers and drafts permanent regulatory
controls; prohibiting medical cannabis collective gardens in all zoning
districts of the city; permitting the production, processing and/or
retailing of marijuana as regulated pursuant to Washington State
Initiative No. 502 in certain commercial zoning districts; repealing
Ordinance No. 2013-06; entering legislative findings; providing for
severability; declaring an emergency; and establishing an effective
date.
1. Recitals
1.1. The City of East Wenatchee ("City") is a non -charter code city, duly
incorporated and operating under the laws of the State of Washington.
1.2. By establishing and amending Chapter 69.51A RCW, the Washington State
legislature expanded the scope of certain activities involving the use of
marijuana for medical purposes, including the ability of "qualifying patients"
to create and participate in "collective gardens" for the purpose of producing,
processing, transporting, and delivering marijuana for medical use, subject
to certain conditions.
1.3. In 2012, the voters of the state of Washington passed Initiative 502. I-502
authorizes the issuance of marijuana producer, processor and retailer
licenses, subject to the proviso that retail sale and certain acts of producing
and processing marijuana in accordance with 1-502 and implementing
regulations shall not be a criminal or civil offense under Washington state
law, and subject to the further proviso that no such license shall be issued
shall not issue a license for any premises within one thousand feet of the
perimeter of the grounds of any elementary or secondary school, playground,
recreation center or facility, child care center, public park, public transit
center, or library, or any game arcade admission to which is not restricted to
persons aged twenty-one years or older.
1.4. I-502 requires the Washington State Liquor Control Board ("LCB") to adopt
rules establishing the procedures and criteria for the licensing and operation
of marijuana producers, processors and retailers by December 31, 2013.
1.5. The LCB re -filed its proposed rules regulating recreational marijuana uses
on September 4, 2013, and adopted the proposed rules on October 16, 2013.
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1.6. The LCB allocated 1 recreational marijuana retail license for the City of
East Wenatchee and there are no limits on the number or recreational
marijuana producer and processer licenses that may be issued.
1.7. The LCB rule became effective on November 16, 2013 and the deadline for
license applications was December 20, 2013.
1.8. Marijuana production, processing, and retailing uses and facilities
authorized by Initiative 502 must be addressed in the City's zoning code, but
the impacts of these uses are still largely unknown, and the regulations that
the City will need to address are uncertain. Additional time is required to
prepare permanent zoning and other regulations addressing marijuana
related uses.
1.9. Marijuana is still classified as a Schedule I controlled substance under
federal law and crimes related to marijuana remain subject to prosecution
under federal law
1.10. On August 29, 2013, the United States Department of Justice, Office of
the Attorney General, ("DOJ") released updated guidance regarding
marijuana enforcement. The guidance reiterates that DOJ is committed to
using its limited investigative and prosecutorial resources to address the
most significant threats to public safety related to marijuana crimes in "the
most effective, consistent, and rational way." The guidance directs federal
prosecutors to review potential marijuana -related charges on a case -by -case
basis and weigh all information and evidence, including whether the
operation is demonstrably in compliance with a strong and effective state
regulatory system and if the conduct at issue implicates one or more of the
eight stated federal enforcement priorities. The DOJ appears to not
differentiate application of the guidance between medical cannabis and
recreational marijuana.
1.11. The DOJ may change its August 29, 2013 guidance at anytime and
without notice. Currently, federal law conflicts with state law set forth in I-
502. The DOJ has discretionary authority to enforce federal law at any time.
1.12. The production, processing, and retailing of marijuana remains in
violation of the federal CSA, the City Council wishes to acknowledge the will
of the City and State voters and the authority exercised by the state of
Washington and the State Liquor Control Board to license such facilities,
leaving all issues relating to the legality, licensing, siting and permitting of
such facilities to be determined by the federal and state governments in the
exercise of their lawful authority, as finally determined by a court of
appropriate jurisdiction.
1.13. The City Council deems it in the public interest to replace the existing
moratorium with the establishment of interim regulations advising the
public where recreational marijuana producers, processors, and retail uses
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may be located in the City of East Wenatchee before any licenses are issued
by the LCB.
1.14. The establishment of interim regulations of six months induration will
allow the City more time to draft and consider development standards
applicable to recreational marijuana uses, hold public hearings, and adopt
permanent zoning and other regulatory controls related to marijuana related
uses.
1.15. The potential adverse impacts upon the public safety, welfare, and peace,
as outlined herein, justify the declaration of an emergency supporting the
adoption of this interim regulation.
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to
the good government of the City.
2.2. RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to adopt
moratoriums and interim ordinances.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
3. Definitions. As used in this ordinance, the following terms have the definitions
set forth below and in RCW 69.50.101 and RCW 69.51A:
3.1. "Child care center" means an entity that regularly provides child day care
and early learning services for a group of children for periods of less than
twenty-four hours licensed by the Washington state department of early
learning under chapter 170-295 WAC.
443.2. "Collective garden" means the growing, production, processing,
transportation, and delivery of cannabis (i.e. marijuana), by qualifying
patients for medical use, as set forth in Chapter 69.51A RCW.
3.3. "Elementary school" means a school for early education that provides the
first four to eight years of basic education and recognized by the Washington
state superintendent of public instruction.
3.4. "Game arcade" means an entertainment venue featuring primarily video
games, simulators, and/or other amusement devices where persons under
twenty-one years of age are not restricted.
3.5. "Library" means an organized collection of resources made accessible to the
public for reference or borrowing supported with money derived from
taxation
S-.2-.3.6. "Marijuana" or "marijuana" means all parts of the plant Cannabis,
whether growing or not, with a THC concentration greater than 0.3 percent
on a dry weight basis; the seeds thereof; the resin extracted from any part of
City of East Wenatchee
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the plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds or resin. The term does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
44-.3.7. "Marijuana processor" means a person licensed by the state liquor
control board to process marijuana into useable marijuana and marijuana -
infused products, package and label useable marijuana and marijuana -
infused products for sale in retail outlets, and sell useable marijuana and
marijuana -infused products at wholesale to marijuana retailers.
S.A-3.8. "Marijuana producer" means a person licensed by the state liquor
control board to produce and sell marijuana at wholesale to marijuana
processors and other marijuana producers.
4-4-.3.9. "Marijuana -infused products" means products that contain marijuana
or marijuana extracts and are intended for human use. The term
"marijuana -infused products" does not include useable marijuana.
3.10. "Marijuana retailer" means a person licensed by the state liquor control
board to sell useable marijuana and marijuana -infused products in a retail
outlet.
3.11. "Perimeter" means aproperty line that encloses an area.
3.12. "Playground" means a public outdoor recreation area for children, usually
equipped with swings, slides, and other playground equipment, owned
and/or managed by a city, county, state, or federal government.
3.13. "Public park" means an area of land for the enjoyment of the public,
havinga facilities for rest and/or recreation, such as a baseball diamond or
basketball court, owned and/or managed by a city, county, state, federal
government, or metropolitan park district. Public park does not include
trails.
3.14. "Public transit center" means a facility located outside of the public right
of way that is owned and managed by a transit agency or city, county, state,
or federal government for the express purpose of staging people and vehicles
where several bus or other transit routes converge. They serve as efficient
hubs to allow bus riders from various locations to assemble at a central point
to take advantage of express trips or other route to route transfers.
3.15. "Recreation center or facility" means a supervised center that provides a
broad range of activities and events intended primarily for use by persons
under twenty-one years of age, owned and/or managed by a charitable
nonprofit organization, city, county, state, or federal government.
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3.16. "Residential dwelling unit' means a building or portion thereof designed exclusively
for a residential occupancy including one -family, two-family, three-family and
multifamily dwellings.
3-4-3.17. "Secondary school" means a high and/or middle school: A school for
students who have completed their primary education, usually attended by
children in grades seven to twelve and recognized by the Washington state
superintendent of public instruction.
4. Medical cannabis collective gardens - Prohibited. Collective gardens as
defined in RCW 69.51A.085 are prohibited in all zoning districts within the city
of East Wenatchee. As authorized by RCW 35A.82.020, the City will not issue a
business license to any person operating or proposing to operate a collective
garden.
5. State -licensed marijuana facilities. The production, processing and retailing
of marijuana is and remains illegal under federal law. Nothing herein or as
provided elsewhere in the ordinances of the city of East Wenatchee is an
authorization to circumvent federal law or provide permission to any person or
entity to violate federal law. Only state -licensed marijuana producers,
marijuana processors, and marijuana retailers may locate in the city of East
Wenatchee and then only pursuant to a license issued by the state of
Washington. The purpose of these provisions is solely to acknowledge the
enactment by Washington voters of Initiative 502 and a state licensing
procedure and to permit to, but only to, the extent required by state law
marijuana producers, marijuana processors, and marijuana retailers to operate
in designated zones of the city:
5.1. Marijuana processor, Marijuana producer, and Marijuana retailer may be
permitted to operate only within the General Commercial (G-C) Zoning
District. Such facilities and uses may be located only at the designated sites
licensed by the state of Washington and fully conforming to state laws.
5.2. Marijuana retailer may be permitted to operate only within the General
Commercial (G-C) and the Central Business District (CBD) Zoning Districts.
Such facilities and uses may be located only at the designated sites licensed
by the state of Washington and fully conforming to state law.
5.3. No Marijuana processor, producer, and retailer may be operated in any
residential, neighborhood commercial or mixed -use zoning district.
5.4. No Marijuana processor, producer, and retailer may locate within any
residential dwelling unit in the City.
5.5. All signage and advertising for a Marijuana processor, producer, and
retailer must comply with City Codes and WAC 314-55-155.
5.6. No recreational marijuana producer, processor or retail outlet may locate
within 1,000 feet of the perimeter of the grounds of any of the following
entities. The distance shall be measured as the shortest straight line
City of East Wenatchee
Ordinance 2014-01
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distance from the property line of the proposed building/business location to
the property line of the entities listed below:
5.6.1. Elementary or secondary school;
5.6.2. Playground;
5.6.3. Recreation center or facility,
5.6.4. Child care center;
5.6.5. Public park;
5.6.6. Public transit center;
5.6.7. Library; or
5.6.8. Any game arcade (where admission is not restricted to persons age
twenty-one or older.
5. % A valid, current license is required from the Washington State Liquor
Control Board for operation of any recreational marijuana, producer,
processor or retail outlet. A copy of this license shall be submitted to the
City as part of the application for a business license required by Section 5.9
below
4-A-5.8. Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting the recreational marijuana
business must be in effect at all times. In the event that any odors, dust,
fluids or other substances exit a recreational marijuana business, the owner
of the subject premises and the licensee shall be jointly and severally liable
for such conditions and shall be responsible for the immediate, full clean-up
and correction of such condition. The licensee shall properly dispose of all
such materials, items and other substances in a safe, sanitary and secure
manner and in accordance with all applicable federal, state and local laws
and regulations.
4-.7-.5.9. A Marijuana processor, producer, and retailer must obtain a City
Business License. The issuance of a City Business License does not grant
any special authority for the production, processing or sale of marijuana.
The issuance of a City Business License does not grant any special privilege
to violate federal law. Obtaining a City Business License does not provide a
licensee with any affirmative defense to a violation of federal law. By
accepting a license issued pursuant to this Ordinance, the licensee waives
and releases the City, its officers, elected officials, employees, volunteers
and agents from any liability for injuries, damages, or liabilities of any kind
that result from any arrest or prosecution of business owners, operators,
employees, clients or customers for a violation of federal, state or local laws
and regulations.
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6. Refer for Review to Planning Commission. The interim regulations
adopted by this ordinance will remain in effect for a period of six months from
the date this ordinance is adopted unless permanent regulations are adopted
sooner, or unless the interim regulations are extended pursuant to RCW
36.70A.390 and RCW 36.63A.220. The East Wenatchee Planning Commission is
directed to develop a recommendation for permanent regulations governing
marijuana -related uses in prior to the expiration of the interim regulations
established by this ordinance.
7. Recitals Adopted as Findings of Fact. The City Council adopts the above
recitals as its findings of fact in support of this ordinance. The Council may
adopt additional findings in the event that additional public hearings are held
or evidence is presented to the City Council.
8. Transmittal. As required by RCW 36.70A.106, the City Council directs the
Community Development Director to transmit this interim Ordinance to the
Washington State Department of Commerce.
9. Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
10. Publication. The City Council directs the City Clerk to publish a summary of
this Ordinance. The summary shall consist of the title of this Ordinance.
11. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City
Council must hold a public hearing on this ordinance within 60 days of its
adoption, so as to hear and consider public comment and testimony regarding
this ordinance. Following the hearing, the City Council may adopt additional
findings of fact. If a period of more than six months is required to complete
consideration of any changes to city codes, the Council may adopt additional
extensions after any required public hearing, pursuant to RCW 35A.63.220 and
RCW 36.70A.390.
12. Declaration of Emergency. The City Council hereby finds and declares that a
public emergency exists and that this ordinance is a public emergency ordinance
necessary for the protection of the public health and safety and should,
therefore, take effect upon adoption. The facts upon which this public emergency
is based include all recitals contained in this ordinance as well as those facts
included in the legislative record.
13. Effective Date This Ordinance shall be effective immediately upon adoption,
and shall remain effective for a period of six months unless terminated earlier or
subsequently extended by the City Council. PROVIDED, that the City Council
may, in its sole discretion, renew the interim zoning regulations set forth herein
for one or more six month periods in accordance with state law.
Passea by the City Councod East Wena chee, at a regular meeting thereof on this
day of , 2014.
City of East Wenatchee
Ordinance 2014-01
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CITY OF EAST Vyi TATCHEE, WA,,$4 GTON
By f
Steven C. acy, Mayor
ATTEST:
Dana Barnard, City Clerk
Approved as to form only:
Devin Poulson, eity Attorney
Filed with the City Clerk: 1/9/2014
Passed by the City Council: Li i l 1L
Published: 14
Effective Date: Il t
City of East Wenatchee
Ordinance 2014-01
Page 8 of 9
Summary of Ordinance No. 2014-01
Of the City of East Wenatchee, Washington
On the day of no, a r c 2014, the City Council of
the City of East Wenatchee, Washington app4oved Ordinance No. 2014-01, the main
point of which may be summarized by its title as follows:
An Ordinance of the City of East Wenatchee adopting interim
regulations pursuant to RCW 35A.63.220 and RCW 36.70A.390;
adopting regulations on marijuana related uses for a period of six
months while the City considers and drafts permanent regulatory
controls; prohibiting medical cannabis collective gardens in all zoning
districts of the city; permitting the production, processing and/or
retailing of marijuana as regulated pursuant to Washington State
Initiative No. 502 in certain commercial zoning districts; repealing
Ordinance No. 2013-06; entering legislative findings; providing for
severability; declaring an emergency; and establishing an effective
date.
Upon request, the City will mail a full text of this Ordinance.
Dated this day of , 2014.
Dana Barnard, City Clerk
City of East Wenatchee
Ordinance 2014-01
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