HomeMy WebLinkAbout5215 RESOLUTIOPI NO. 5 2 1 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE MORATORIUM
ADOPTED AND ESTABLISHED BY RESOLUTION NO. 5194,
WHICH ESTABLISHED A MORATORIUM ON THE
ALLOWANCE, ACCEPTANCE OR PROCESSING OF
APPLICATIONS FOR BUSINESS LICENSES AND OTHER
LICENSES, PERMITS AND APPROVALS FOR
MARIJUANA/CANNABIS RELATED BUSINESSES AND USES
WHEREAS, Initiative Measure No. 502 (I-502), approveci by the voters of
Washington State on November 6, 2012, legalized the production, sale and use of
marijuana products purchased from State licensed stores for adults age twenty-one
(21) and over; and
WHEREAS, I-502 Section 4 (3) allows the Washington State Liquor Control
Board [aka the Liquor and Cannabis Board] to license marijuana retailers to sell
usable marijuana and marijuana-infused products at retail outlets; and
WHEREAS, I-502 Section 13 limited the number of retail outlets to be
licensed in each county forthe purpose of making usable marijuana and marijuana-
infused products available for sale to adults twenty-one (21) years of age or over,
which initial limitation was applied to Auburn as restricting the number of retail outlets
to two (2) such businesses for the City of Auburn; and
WHEREAS, on September 2, 2014 the Auburn City Council adopted
Ordinance No. 6525, related to the state regulation of production, processing and/or
retail outlets and sales of marijuana; and
WHEREAS, Second Engrossed Substitute House Bill 2136 and Senate Bill
5052 revised state requirements for state mar'ijuana regulations; and
WHEREAS, the Liquor and Cannabis Board issued a letter on September
23, 2015, stating that the Board will be allowing additional retail stores,
increasing the number of stores beyond the initial limitation on the number of
licensed retail stores; and
Resolution No 5215
March 3, 2016
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WHEREAS, the Liquor and Cannabis Board also advised that local
jurisdictions may choose to promulgate rules or ordinances that address concerns
about the increase in the number of retail stores; and
WHEREAS, the Auburn City Code does not currently have specific provisions
addressing the number of allowed marijuana retail locations; and
WHEREAS, sections 35A.63.220 and 36.70A.390 of the Revised Code of
Washington (RCW) authorize the City Council to adopt an immediate moratorium for
a period of up to twelve (12) months if a public hearing on the proposal is held
within at least sixty (60) days of its adoption and a work plan is developed for
related studies providing for the moratorium period; and
WHEREAS, pursuant to Section 5 of Resolution No. 5194, a public hearing
was conduc.ted before the City Council on the 16th day of February, 2016, in City
Council Chambers, where the City Council heard and considered the comments and
testimony of those wishing to speak at such public hearing regarding the moratorium.
WHEREAS, the City has been advised by the Washington State Liquor and
Cannabis Board that there are differences between those businesses that would have
been licensed under I-502 and those that would have been licensed under subsequent
state legislation, including that the I-502 businesses cannot relocate their business
site, but that those under subsequent legislation could relocate to other locations; and
WHEREAS, the City Council still desires to impose its twelve (12) month
moratorium on the acceptance of any pertnit application or business license or
application for the siting, location or operation of any new marijuana retailers,
however, based on differences the Washington State Liquor and Cannabis Board
applies to the businesses falling under the initial I-502 (the initial two businesses) and
those that fall under the subsequent legislation (Second Engrossed Substitute House
Bill 2136 and Senate Bill 5052), it is reasonable to amend the moratorium to
accommodate the differences.
Resolution No. 5215
March 3, 2016
Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. FINDINGS. The "Whereas" paragraphs set forth above as well as
those included in Resolution No. 5194 (insofar as they are consistent herewith) shall
constitute the findings of fact in support of the moratorium established by Resolution
No. 5194 and amended by this Resolution and said findings are fully incorporated into
this Resolution.
Section 2. MORATORIUM AMENDMENT. Pursuant to the provisions of
sections 35A.63.220 and 36.70A.390 RCW, the moratorium established by Resolution
No. 5194 and amended by this Resolution prohibits the acceptance of any applications
for business licenses or permits, or any applications for the siting, location land use
permits or operation of any new marijuana retailers in the City of Auburn; PROVIDED
That this moratorium shall not prohibit the operation of the initial two (2) retail marijuana
businesses selected and licensed by the Liquor and Cannabis Board under I-502, so
long as they exist in the City under State law and/or City Ordinances prior to the
effective date of this Resolution and shall not preciude renewal of existing licenses for
businesses which continue to be in lawful operation at the time of such renewal.
Section 3 TERMS OF MORATORIUM UNCHANGED. All other terms and
conditions of the moratorium adopted by Resolution No. 5194, including the Work Plan,
shall remain in full force and effect..
Section 4. AMENDING RESOLUTION TO BE TRANSMITTED TO STATE.
Pursuant to RCW 36JOA.106, a copy of this Resolution, amending the moratorium
established by Resolution No. 5194, shall be transmitted to the Washington State
Department of Commerce. A copy of this Resolution shall also be transmitted to the
Washington State Liquor and Cannabis Board.
Section 5. SEVERABILITY. If any sections, sentence, clause or phrase of this
Resolution shall be held to be invalid or unconstitutional by a court of competent
jurisdiction, or its application held inapplicable to any person, property or circumstance,
Resolution No. 5215
March 3, 2016
Page 3 of 4
such invalidity or unconstitutionality or inapplicability shall not effect the validity or
constitutionality of any other section, sentence, clause or phrase of this Resolution or its
application to any other person, property or circ.umstance.
Section 6. ADMINISTRATIVE PROCEDURES. The Mayor is authorized to
implement such administrative procedures as may be necessary to carry out fhe
directives of this legislation.
Section 7. EFFECTIVE DATE. This Resolution shall take effect and be in full
force upon passage and signatures hereon.
Dated and Signed this L� day of Y�l�� , 2016.
CITY OF AUBURN
ANCY B K S, MAYOR
ATTEST:
�/i,E��`l�jr�i� /��/
Danielle E. Daskam, City Clerk
APP O ED FO M:
Daniel B. Heid, City Attorney
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Resolution No. 5215
March 9, 2016
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