The URL can be used to link to this page

Home My WebLink About6595 ORDINANCE NO. 6 5 9 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 1.04.060, 5.10.040 AND 9.22.010 OF THE AUBURN CITY CODE, PROHIBITING PRODUCTION, PROCESSING AND RETAIL OUTLETS AND SALES OF MARIJUANA IN ALL ZONES OF THE CITY, AND TERMINATING THE MORATORIUM IMPLEMENTED PURSUANT TO RESOLUTION NO. 5194, PASSED ON JANUARY 4, 2016, AS AMENDED BY RESOLUTION NO. 5215, PASSED ON MARCH 14, 2016 WHEREAS, on November 6, 2012, the voters of the State of Washington approved Initiative Measure No. 502 (I-502), now codifed within Chapters 69.50, 46.04, 46.20, 46.21 and 46.61 of the Revised Code of Washington (RCW), which Initiative (a) decriminalized possession and use of certain amounts of marijuana and marijuana paraphernalia; (b) amended state laws pertaining to driving under the influence of intoxicants to include driving under the influence of marijuana; and (c) authorized promulgation of regulations and issuance of licenses by the Washington State Liquor Control Board ("WSLCB") for the production, processing and retailing of marijuana; and WHEREAS, Section 4 (3) of I-502 allowed the Washington State Liquor and Cannabis Board (LCB) to license marijuana producers, processors and retailers to produce, process and sell usable marijuana and marijuana-infused products at facilities and outlets throughout the state; and WHEREAS, Section 13 of 1-502 limited the number of retail outlets to be licensed in each county for the purpose of making usable marijuana and marijuana- infused products available for sale to adults twenty-one (21) years of age or over; and WHEREAS, pursuant to the limitation in number of retail outlets of said Section 13, the (initial) limitation allocated to the City of Auburn was two (2) retail outlets businesses for the City of Auburn; and WHEREAS, following passage of an initial Moratorium (in Resolution No. 4993) to review and evaluate local options regarding I-502, and following a comprehensive - - - - - - - - - - - - - - - Ordinance No. 6595 April 4, 2016 Page 1 of 6 review of the issues related to I-502 by the Planning Commission and the City Council, including public hearings, public forums and public work-shops, the Planning Commission recommended and 4he City Council adopted City of Auburn Ordinance No. 6525 on September 2, 2014, which relied on the regulation and oversight by the State Liquor and Cannabis board to protect public health, safety and welfare; and WHEREAS, Second Engrossed Substitute House Bill 2136 and Senate Bill 5052, adopted following the 2015 state legislative session; revised state requirements for state marijuana regulations; and WHEREAS, the LCB issued a letter on September 23, 2015, stating that the Board be allowing additional retail stores, increasing the number of stores beyond the initial limitation on the number of licensed retail stores; and 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 Aubum City Code did not curren4ly have specific provisions addressing the number of allowed marijuana retail locations; and WHEREAS, both in meeting with, and in subsequent correspondence from, the LCB, City staff continue to receive inconsistent and conflicting information about how, how many, where, and when retail licenses are issued; and WHEREAS, based upon the history of lack of cooperation and lack of information and inconsistent information, it appears that the city of Auburn cannot depend upon information provided by the LCB, and that was the city of Auburn is very difficult posi4ion to evaluate or determine what it can do or should do with respect to marijuana related businesses; and WHEREAS, the City Council finds and determines that this ordinance and the code amendments are in the best interests of residents of the City of Auburn and will promote the general health, safety and welfare, and should become effective immediately as an emergency measu�e. - - - - - - - - - - - - - - - Ordinance No. 6595 April 4, 2016 Page 2 of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. Recitals Adopted. The City Council hereby adopts the recital clauses contained in this Ordinance as Findings of Fact or Conclusions, as may be appropriate given the context of each recital. Section 2. Amendment To City Code. That Section 1.04.060 of the Auburn City Code be, and the same hereby is, amended to read as follows: 1.04.060 Conflict of ordinances with state or federal law. A. All ordinances and city code provisions, and regulations therein, shall not be in conflict wi4h all other regulations and/or requirements of state and federal law, insofar as not permitting or allowing any action, use or conduct which is in violation of or prohibited by any state or federal laws, regulations or codes. Any such provisions that cannot be implemented or enforced because of provisions of state or federal law, or that cannot be reconciled with any state or federal law, shall be deemed to be in conflict therewith. Any provisions of ci.ty ordinances or of the city code deemed by the city council to be in conflict with state or federal law shall be null and void. The provisions of this Section do not allow any action, use or conduct which is in violation of any local, state or federal laws, regulations, codes and/or ordinances, and the city is not authorized to permit, or license such action, use or conduct. B. Any action, use or conduct which is not permitted or allowed is prohibited. , ..6. b� .. ...M� I�nn/Mn��e i.�l'rl I�uif� I lirencc iccuo'I �+.. .+.. ..ere�..n ..r ..ercr.nc ap�pr�r-c�aiij�pc....... ... r.,`.......... ...... ..,��...�.'_ _ "_"_' '_"._. ..__"__ '_____ _+ �.Al1 1AM!` In �nh in 4..nnc hMe�. Ch.+1.-. r�.F 1Al..cl�inninn nr�4 1L�e nii�i �L� r..'N'n nr! I'n eni'hi ' 14 i ..'r�led h..�u..ve. 41+n4 ILdn n n rl..e . ..... .... '.��......... ........ Fu. refe..�nne .inrl Inn� ' r.�� L�erein "" '_ " " ' _ ' " " Oriiinance No. 6595 April 4, 2016 Page 3 of 6 C Not withstandinq anv other provisions of the citv code, no action, activitv business or enterprise shall be allowed or permitted to be conducted within the Citv of Auburn that is in violation of state or federal law. (Ord. 6525 § 2, 2014; Ord. 6416 § 3, 2012.) Section 3. Amendment To City Code. That Section 5.10.040 of the Auburn City Code be, and the same hereby is, amended to read as follows: � 5.10.040 General business license required—�^�^. A. Any person desiring to establish or conduct any business enterprise or undertaking as defined in ACC 5.10.020 within the corporate limits of #he city, shall first apply to the business license clerk, as designated by the mayor, for a license to conduct such business and obtain such license as approved by the city. The application shall be upon a form furnished by the business license clerk on which the applicant shall state the business name, address, and telephone number; the nature of the business activity or activities in which the applicant desires to engage; the place where the business will be conducted; the number of employees, and the name of the contact person along with an address and telephone number, and the business identification number issued by the state of Washington; and the IRS letter testifying to nonprofit status or the copy of the application to the IRS. B. It is unlawful for any person to operate or physically conduct any business within the city without having first obtained a general business license for the current business year or portion thereof. The applicant for a business license required under this title shall be over the age of 18 years. If any person required to pay a license fee, by the terms and provisions of this chapter, for any period fails or refuses to do so, they shall not be granted a license for the cu�rent period until such delinquent license fee, together with penalties, has been paid in full. C. Specific businesses identified in Chapters 3.80, 3.84, 3.88, 5:20, 5.30, 5.84 ACC or elsewhere in this title or other titles of the Auburn City Code will be required to obtain an individual business license as otherwise indicated. D. Any business within the city jurisdiction on any project requiring a permit must have a business license. ..F.. ..�'1.. :4L� 41�.. ' nIa �i 11�e c4�fe nf U/�c4�inrt4�n .+1..4�rJ i� nL� orn�rvirrTrr��ria�ra��c .�y:. ...`....� �. ...� �.�..' " "'_... .�".. ._._'__ '_ ___"' a49-�AIAS. (Ord. 6525 § 3, 2014; Ord. 5897 § 3, 2005; Ord. 5814 § 2, 2004; Ord. 5754 § 1, 2003; Ord. 4012 § 2, 1984.) - - - - - - -- - -- - - - - Ordinance No. 6595 April 4, 2016 Page 4 of 6 Section 4. Amendment To City Code. That Section 9.22.010 of the Auburn City Code be, and the same hereby is, amended to read as follows: 9.22.010 Marijuana prohibited. A. Except as authorized under United States Code (USC) Title 21: Controlled Substances Act, it is unlawful for any person or persons to grow, � manufacture, process, deliver, or sell marijuana. B. Except as authorized by the Revised Code of Washington, it is unlawful for any person to possess marijuana. C. "Marijuana," also known as "marihuana" means all parts of the plant qenus Cannabis anci all of its species, sub-species, taxa and hvbridizations sativa--6-, whether growing or not; the seeds thereof; the resins extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, and includes all marijuana concentrates, useable marijuana, and marijuana-infused products. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from 4he seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. D. Violation of the provisions of this Section shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed liy the court of not more than one thousand dollars, or by both such imprisonment and � fine. For the purposes of this Section only, the enal provisions of Sections 69.50.325 — 369 RCW, and Sections 314-55-515 — 535 WAC are hereby adopted by reference and Incorporated herein. (Ord. 6525 § 4, 2014; Ord. 6300 § 1, 2010; Ord. 5682 § 1, 2002.) Section 5. Termination of Moratorium. The Moratorium implemented pursuant to City of Auburn Resolution No. 5194, passed on January 4, 2016, and amended by Resolution No. 5215, passed on March 14, 2016, shall terminate upon the date this Ordinance becomes effective in accordance with the provisions of Section 8 below. Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. - -- - -- - - --- -- -- Ordinance No. 6595 April 4, 2016 Page 5 of 6 Section 7. Severability. The provisions of this orciinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affectthe validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 8. Effective Date. The City Council finds and concludes that adopting this Ordinance is necessary for the immediate preservation of the public peace, health or safety; that the City Council declares that an emergency exists; and that this Ordinance, passed by a majority of the City Council plus one, shall take effect immediately. FIRST READING: aPR —4 2016 SECOND READING: (�J�� PASSED: APR -4 2016 APPROVED: APR — 2016 NAN BACKUS, MAYOR ATTEST: �(�� Danielle E. Daskam, City Clerk APP ED TO FORM: niel B. Hei , City Attorney PUBLISHED: � �eiG.�`--��F�'� Ordinance No. 6595 April 4, 2016 Page 6 of 6