HomeMy WebLinkAboutOrdinances - 2017-10 - Extending six month moratorium that was enacted by Ordinance 2016-05 on issuance of permits or licenses of medical marijuana cooperatives - 6/13/2017City of East Wenatchee, Washington
Ordinance No. 2017-10
An Ordinance of the City of East Wenatchee extending for a period of
six months the moratorium that was enacted by Ordinance 2016-05 on
the issuance of any permits or licenses for the establishment of medical
marijuana cooperatives and establishing an effective date.
Una ordenanza de la ciudad de East Wenatchee que prorroga por un período
de seis meses la moratoria que fue decretada por la ordenanza 2016-05 en la
expedición de cualquier permisos o licencias para el establecimiento de
cooperativas médicas de la marijuana y que establecía una fecha eficaz.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con el vendedor de la ciudad al
alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at alternateformat@east-wenatchee.com,
at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly
incorporated and operating under the laws of the State of Washington.
2.2. The City Council adopted Ordinance 2015-14 establishing rules and
regulations for marijuana related business in Chapter 17.60 East Wenatchee
Municipal Code (EWMC) in accordance with the provisions of RCW Chapters
69.50 and 69.51A.
2.3. EWMC 17.60.030 prohibits collective gardens.
2.4. The Governor signed 2SSB 5052 on April 24, 2015 and HB 2136 on June 30,
2015, amending Washington's regulation of medical marijuana and
authorizing the Washington State Liquor and Cannabis Board to develop
rules related to medical marijuana. The final requirements of the new
legislation will become effective on July 1, 2016.
2.5. 2SSB 5052 and HB 2136 eliminated collective gardens (RCW 69.51A.250)
and created marijuana cooperatives (RCW 69.51A.85) where up to four
patients may grow up to 60 plants.
City of East Wenatchee Ordinance 2017-10 Page 2 of 4
2.6. The City Council adopted ordinance 2016-05 on June 28, 2016 including a
Work Plan for the City Planning Commission. The City Planning
Commission has held three workshops to draft regulations for medical
marijuana. However, additional work is necessary regarding enforcement
processes.
2.7. The City Council finds that it is in the best interests of the City and its
citizens to extend the moratorium for a period of six months prohibiting the
licensing and establishment of medical marijuana cooperatives in the
interest of protection of public safety and health, and to provide more time to
investigate this issue further to evaluate the best alternatives for the
community.
3. Authority.
3.1. 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.
3.2. RCW 35A.63.220 and RCW 36.70A.390, authorize the City Council to
establish a moratorium.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
4. Moratorium. The City Council hereby extends for a period of six-months the
moratorium prohibiting medical marijuana cooperatives within the City of East
Wenatchee. In accordance with the provisions of RCW 35A.82.020, no business
license or development permit shall be issued to a medical marijuana
cooperative. "Cooperative" means a group of more than one, but no more than
four qualified medical marijuana patients and/or designated providers who
share responsibility for growing and processing marijuana only for the medical
use of the members of the cooperative under RCW 69.51A.85.
5. Public hearing. A duly advertised public hearing was held by the City Council
on June 13, 2017.
6. Recitals Adopted as Findings of Fact. The City Council adopts as its
preliminary findings of fact, the recitals set forth above. The Council may