HomeMy WebLinkAboutOrdinances - 2015-03 - Extending interim regulations adopted with Ord. 2014-01 related to marijuana businesses an additional 6 months - 1/13/2015City of East Wenatchee, Washington
Ordinance No. 2015-03
An Ordinance of the City of East Wenatchee extending the interim
regulations adopted with the passage of Ordinance 2014-01 pursuant
to RCW 35A.63.220 and RCW 36. 70A.390 for an additional 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; 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.
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.
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Ordinance 2015-03
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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 any time 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. On February 11, 2014, the City Council adopted Ordinance 2014-01
establishing interim regulations on marijuana related uses for a period of six
months prohibiting medical cannabis collective gardens in all zoning
districts of the city; and permitting the production, processing and/or
retailing of marijuana as regulated pursuant to Washington State Initiative
No. 502 in certain commercial zoning districts. The interim regulations
adopted in Ordinance 2014-01 had an expiration date of August 22, 2014.
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Ordinance 2015-03
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1.14. On July 22, 2014, the City Council adopted Ordinance 2014-05 extending
the interim regulations adopted in Ordinance 2014-01 on marijuana related
uses for an additional six month period due to expire on January 22, 2015.
1.15. The LCB continues to issue new and amended regulations pertaining to
recreational marijuana businesses.
1.16. The City Council deems it in the public interest to extend the existing
interim regulations advising the public where recreational marijuana
producers, processors, and retail uses may be located in the City of East
Wenatchee.
1.17. The extension of interim regulations for an additional six months in
duration 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.
1.18. The potential adverse impacts upon the public safety, welfare, and peace,
as outlined herein, justify the declaration of an emergency supporting the
extension of the interim regulations adopted in Ordinance 2014-01.
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. Interim regulations extended. The interim regulations adopted in Ordinance
2014-01 will remain in effect until July 22, 2015 or until the City adopts
permanent regulations pertaining to marijuana related businesses.
4. 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.
5. 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.
6. 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.
7. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City
Council held a public hearing on this ordinance on January 1, 2015, for the
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purpose of providing an opportunity for public comment and testimony regarding
this ordinance. 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.
8. 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.
9. 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.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
13th day of Januar 2015.
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Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
City of East Wenatchee
Ordinance 2015-03
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Summary of Ordinance No. 2015-03
Of the City of East Wenatchee, Washington
On the 13th day of January, 2015, the City Council of the City of East Wenatchee,
Washington approved Ordinance No. 2015-03, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee extending the interim
regulations adopted with the passage of Ordinance 2014-01 pursuant
to RCW 35A.63.220 and RCW 36. 70A.390 for an additional 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; 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 13th day of January, 2015.
Dana Barnard, City Clerk
City of East Wenatchee
Ordinance 2015-03
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