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HomeMy WebLinkAbout3094 Adopting a Moratorium on Siting, Establishment and Operation of Any Structures or Uses Relating To Marijuana Production, Marijuana Processing, Or Marijuana Retailing Ordinance 3094 Moratorium -Siting,Establishment and Operation Page 1 of 4 Ordinance 3094 AN INTERIM ORDINANCE OF THE CITY OF PORT TOWNSEND RELATING TO BOTH RECREATIONAL AND MEDICAL USE OF MARIJUANA (CANNABIS), ADOPTING A MORATORIUM ON THE SITING, ESTABLISHMENT AND OPERATION OF ANY STRUCTURES OR USES RELATING TO MARIJUANA PRODUCTION, MARIJUANA PROCESSING, OR MARIJUANA RETAILING, EXCEPT WITHIN COMMERCIAL ZONING DISTRICTS, REFERRING THE MATTER TO THE PLANNING COMMISSION FOR HEARING AND REVIEW, AND PROVIDING THAT THE MORATORIUM, UNLESS EXTENDED, WILL SUNSET WITHIN SIX (6) MONTHS OF THE DATE OF ADOPTION; ESTABLISHING THE DATE OF THE PUBLIC HEARING ON THE MORATORIUM. RECITALS: WHEREAS, in 1998, the voters of the State of Washington approved Initiative Measure No. 692, now codified as Chapter 69.51A RCW, entitled the Medical Use of Marijuana Act, which created an affirmative defense to state criminal liability for seriously ill persons who are in need of medical marijuana for specified medical purposes and who obtain and use medical marijuana under limited, specified circumstances; and WHEREAS, the legislature adopted E2SSB 5073, with certain provisions vetoed by the governor, which became effective July 22, 2011, which enacted provisions authorizing establishment and operation of"collective gardens" for medical marijuana purposes subject to land use powers of municipalities within the State of Washington; and WHEREAS, Chapter 69.51A RCW, as amended by E2SSB 5073,recognizes the authority and ability of municipalities to regulate medical marijuana within their jurisdictions and to adopt comprehensive land use regulations and licensing regulations concerning the establishment and operation of medical marijuana uses and facilities within such jurisdictions; and WHEREAS, the Washington voters approved Initiative 502 (hereinafter "1-502") in November of 2012, which "authorizes the state liquor control board to regulate and tax marijuana for persons twenty-one years of age and older; and WHEREAS, 1-502 allows the Washington State Liquor Control Board to license marijuana producers "to produce marijuana for sale at wholesale to marijuana processors and other marijuana producers" (I-502, Sec. 4(l)); and WHEREAS, 1-502 allows the Washington State Liquor Control Board to license marijuana processors to "process, package and label usable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers" (1-502, Sec. 4(2)); and Ordinance 3094 Moratorium-Siting,Establishment and Operation Page 2 of 4 WHEREAS, 1-502 allows the Washington State Liquor Control Board to license a marijuana retailer to "sell usable marijuana and marijuana-infused products at retail in retail outlets" (1-502, Sec. 4(3)); and WHEREAS, under 1-502, before the Washington State Liquor Control Board issues a new or renewed license to an applicant, it must give notice of the application to the chief executive officer of the incorporated city, and the city has the right to file its written objections to such license within 20 days after transmittal of the notice of application, but the Board makes the final decision whether to issue a license (1-502, Sec. 7(a); and WHEREAS, 1-502 establishes certain siting limitations on the Washington State Liquor Control Board's issuance of such licenses for any premises that are within 1,000 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 (1-502, Section 8); and WHEREAS, 1-502 contemplates that the Washington State Liquor Control Board will adopt rules to carry the provisions of 1-502 into effect, which includes the equipment and management of retail outlets and premises where marijuana is produced and processed, and the inspection of same; methods of producing, processing, and packaging the marijuana and marijuana products; security requirements at such establishments; retail outlet locations and hours of operation; labeling requirements and restrictions on advertising of such products; licensing and licensing renewal rules; the manner and method to be used by which licensees may transport and deliver marijuana and marijuana products (among other things), (1-502, Sec. 9); and WHEREAS, 1-502 contemplates that the Washington State Liquor Control Board will adopt more rules on or before December I, 2013 to determine the number of retail outlets that may be licensed in each county (among other things), (1-502, Sec. 10); and WHEREAS, 1-502 limits the number of retail outlets to be licensed in each county, for the purpose of making useable marijuana and marijuana-infused products available for sale to adults 21 years of age or over (1-502, Sec. 13); and WHEREAS, 1-502 decriminalizes, for purposes of state law, the production, manufacture, processing, packaging, delivery, distribution, sale or possession of marijuana, as long as such activities are in compliance with 1-502; and WHEREAS, at this point in time, the City of Port Townsend does not have any regulations addressing the facilities or uses identified in 1-502, other than the requirement for a general business license; and WHEREAS, based on the licensing scheme in 1-502, which prohibits anyone from engaging in the activities identified in 1-502 without first obtaining a license from the Washington State Liquor Control Board, the City will not be issuing any business license for the Ordinance 3094 Moratorium-Siting,Establishment and Operation Page 3 of 4 purposes described in 1-502 unless the applicant demonstrates that he/she has first received the appropriate license from the State; and WHEREAS, Section 36.70A.390 of the Revised Code of Washington authorizes the City Council to adopt an immediate moratorium for a period of up to six months without holding a public hearing on the proposal provided that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the City Council deems it to be in the public interest to establish a zoning moratorium on the acceptance of any business license or development permit application for the siting, location or operation of any marijuana processor, marijuana producer, or marijuana retailer, including both recreational and medical use of marijuana, located within the City of Port Townsend, except those located within a Commercial Zoning District; NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. The following provisions are adopted. See Exhibit A, attached and incorporated by reference. Section 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. Section 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 4. Declaration of Emergency. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority vote plus one of the whole membership of the Council. Without immediate interim regulations on the City's acceptance of applications for demolition ofhist structures as set forth in this Ordinance, such applications could become vested, leading to locations that could be incompatible with the codes eventually adopted by the City. Therefore, the interim regulations must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the submission of applications to the City in an attempt to vest rights for an indefinite period of time. Section 5. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as long as it is approved by a majority plus one of the entire membership of the Council, as required by RCW 35A.12.130. Otherwise, it shall be effective five days after publication. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 3rd day of September 2013. Attest Pamela Kolacy, MMC, City Clerk r Ordinance 3094 Moratorium - Siting, Establishment and Operation Page 4 of 4 David King, Mayof Approved as to Form: John P. Watts, City Attorney Exhibit A to Ordinance 3094 Page 1 of 5 Exhibit A Section 1. Pursuant to the provisions of RCW 36.70A.390, a zoning moratorium and interim regulation is hereby enacted in the City of Port Townsend, as set forth below: a) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of medical cannabis collective gardens or medical marijuana dispensaries, excepting therefrom those located within Commercial Zoning Districts. b) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of"marijuana producers", "marijuana processors" and "marijuana retailers", excepting therefrom those located within Commercial Zoning Districts. c) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of medical cannabis collective gardens or medical marijuana dispensaries as a home occupation as defined by PTMC Chapter 17.56.. d) prohibiting the establishment, location, operation, licensing, maintenance or continuation of any structure or use consisting of"marijuana producers", "marijuana processors" and "marijuana retailers" as a home occupation as defined by PTMC Chapter 17.56.. Section 2. Any such establishments defined in Section 1 shall only be located within Commercial Zoning Districts, and such establishment shall be required to comply with State and City licensing requirements, in addition to all other requirements of State law, including but not limited to, the siting limitations for"marijuana producers," "marijuana processors" and "marijuana retailers" which apply to the Washington State Liquor Control Board's issuance of such licenses for such premises that are within 1,000 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 Exhibit A to Ordinance 3094 Page 2 of 5 older(1-502, Section 8); and Section 3. Consistent with the licensing scheme in 1-502, which prohibits anyone from engaging in the activities identified in 1-502 without first obtaining a license from the Washington State Liquor Control Board, the City will not be issuing any business license for the purposes described in 1-502 unless the applicant demonstrates that he/she has first received the appropriate license from the State; and Section 4. Marijuana Definitions. A. "Cannabis 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 the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. For the purposes of this Ordinance, "cannabis" or "marijuana" 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. B. "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 usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products as wholesale to marijuana retailers. C. "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. D. "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 Exhibit A to Ordinance 3094 Page 3 of 5 marijuana. E. "Marijuana retailer" means a person licensed by the State Liquor Control Board to sell usable marijuana and marijuana-infused products in a retail outlet. F. "Retail outlet" means a location licensed by the State Liquor Control Board for the retail sale of useable marijuana and marijuana-infused products. G. "Usable marijuana" means dried marijuana flowers. The term "usable marijuana" does not include marijuana-infused products. H. "Medical marijuana dispensary" is hereby defined as any individual, business, corporation or other entity which: 1) sells or otherwise dispenses marijuana to more than one "qualifying patient" in any thirty (30) day period or to any person who does not meet the definition of "qualifying patient" under the terms of state law, or 2) maintains more than one month's supply for one qualifying patient on the premises at any time, or 3)provides for the cultivation of more than 15 plants by collective or cooperative ventures at a location. The receipt of cash or other legal tender in exchange for, contemporaneously with or immediately following the delivery of marijuana, shall be presumed to be a sale. Any person or entity which sells or otherwise dispenses marijuana to more than one person and/or qualifying patient in any thirty (30) day period or cultivates marijuana for more than one person and/or qualifying patient, shall be presumed to be a "medical marijuana dispensary." Section 5. General Definitions. A."Exempt development permits" shall include any permit application for a structure or use/operation of property for marijuana production, marijuana processing or marijuana retailing, as defined in this Ordinance,that is subject to the vested rights doctrine, and that was submitted to the City and determined by the City staff to be complete on or before the effective date of this Exhibit A to Ordinance 3094 Page 4 of 5 Ordinance. Section 6. Purpose. The purpose of this moratorium is to allow the City adequate time to study the secondary land use impacts associated with the location and siting of structures and uses in which marijuana production, marijuana processing or marijuana retailing may take place. In addition, the moratorium will allow the City adequate time to study 1-502, and to await the administrative rules that the Liquor Control Board will develop by December of 2013. The City's goal is to ultimately draft zoning and business licensing regulations to address such developments and uses,to hold public hearings on such draft regulations and to adopt such regulations. Section 7. Moratorium Imposed. The City Council imposes an immediate six-month moratorium on the acceptance of all non-exempt development permit and business license applications, as defined in this Ordinance. All such non-exempt development permit and business license applications shall be rejected and returned to the applicant. With regard to the City's acceptance of any exempt business license or development permit applications, such acceptance shall only allow processing to proceed, but shall not constitute an assurance that the application will be approved. Section 8. Duration of Moratorium. The moratorium imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the moratorium and adopts findings and conclusions in support of the moratorium (as red by law), the moratorium shall not terminate until six (6)months after the date of adoption, or at the time the City Council adopts non-temporary regulations on the matter of this ordinance, whichever is sooner. The Council shall make the decision to terminate the moratorium by ordinance, and termination shall not otherwise be presumed to have occurred. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption, Exhibit A to Ordinance 3094 Page 5 of 5 or before September 15,2013. Section 9. This ordinance shall be referred to the City of Port Townsend Planning Commission for its review and recommendation for inclusion in the zoning ordinances of the City of Port Townsend.