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
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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
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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
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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
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David King, Mayof
Approved as to Form:
John P. Watts, City Attorney
Exhibit A to Ordinance 3094
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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
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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
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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
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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
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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.