HomeMy WebLinkAbout6625 ORDINANCE NO. 6 6 2 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASFiINGTON, AMENDING SECTION,
5.20.250, OF.THE AUBURN GITY CODE AND AMENDING
AUBURN ORDINANCE NUMBER 6613, RELATED TO
MARIJUANA RELATED BUSINESSES AND ACTIVITIES
WHEREAS, on the 15th of August, 2016, the city Council of the ci.ty of
Auburn, Washington, adopted its Ordinance No. 6613; and
WHEREAS, pursuant to Oriiinance No. 6613, a limited number of
marijuana related businesses, including retailers, producers and processors, are
allowed to operate within the City of Auburn; and
WHEREAS, Ordinance No. 6613 also precludes, by moratorium, any
marijuana related businesses or ac4ivities fhat do not meet the requirements set
forth therein; and
WHEREAS, Ordinance No. 6613 directed the Planning Commission to
evaluate the acceptabie number and location of marijuana related businesses
within the City of Auburn and develop a recommendation for permanent
provisions to ultimately replace the moratorium provisions in Ordinance No.
6613; and
WHEREAS, the Washington Liquor and Cannabis Board continues to
promulgate emergency rules to regulate marijuana businesses, including rules
effective on Augus.t 27, 2016, September 7, 2016, October 8, 2016, and October
22, 2016; and
WHEREAS, the City Councii desires to address the rapidiy changing
regulatory environment by modifying the limitations set forth in Ordinance No.
6613 prior to receipt of any recommendation from the Planning Commission in an
effort to create greater stability for the business community within the City of
Auburn; and
WHEREAS, Ordinance No. 6613 limits the number of marijuana retailers
to those two that initially obtained a license from the Washington State Liquor
and Cannabis Boartl pursuant to a lottery process developed to implement
Ordinance No. 6625
October 4, 2016
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Initiative 502; and
WHEREAS, the City Council has received public input, including a public
hearing on February 16, 2016, that the residents of the City of Auburn oppose
the proliferation of marijuana retailers wi4hin the City of Aubum; and
WHEREAS, a narrow ezpansion of the number of permitted marijuana
retailers by the City Council prior to receipt of a recommendation from the
Planning Commission will provide stability for businesses within the City of
Auburn despite rapidly changing regulation by the Washington State Liquor and
Cannabis Board while simultaneously respecting the public's comments; and
WHEREAS, all other provisions, amendments and the moratorium;
including the moratorium work plan, as set forth in ordinance number 6613, shall
remain in full force and effect unless specifically directed otherwise herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:.
Section 7. Recitals Adoated. That the City Council hereby adopts the
recitals contained in this Ordinance as Findings of Facts and Conclusions, as
appropriate given the context of each recital and incorporates said recitals herein
by this reference.
Sec4ion 2. Amendment to Citv Code. That Section, 5.20.250, of
the Aubum City Code is hereby amended to read as follows:
5.20.250 Marijuana Related Activities.
A. Definitions,
1. "Marijuana cooperative" means up to four qualifying patients, as
defined by RCW 69.51A.010(19), who share responsibility for acquiring and
supplying 4he resources needed to produce and process marijuana, including
tetrahydrocannabinols or cannabimimetic agents, only for 4he medical use of
members of the cooperative and not for profit. At least until a thorough reyiew of
land use and code enforcement issues by fhe planning commission @nd the city
council; and possible amendment to 4he city code, marijuana cooperatives shall
not be permitted within the city of Auburn .
2. "Marijuana related business" means a person or entity engaged in
Ordinance No. 6625
October 4, 2016 ,
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for-profit activity that incluiies 4he possession, cultivation, production, processing,
distribution, dispensation, or sale of tetrahydrocannabinols or cannabimimetic
agents, as defined by the controlled substances act, codified at 21 U.S.C. § 812,
including marijuana retailers, marijuana processors, and marijuana producers, as
defined herein.
a. "Marijuana processor" means any person or entity licensed by the
Washington state liquor and cannabis board to process, package, and label
marijuana concentrates, including tetrahyclrocannabinols or cannabimimetic
agents, in accordance with the provisions of RCW chapters 65.50 and 69.51a
and WAC chapter 314-55.
b. "Marijuana producer" means any person or entity licensed by the
Washington state liquor and cannabis board to produce marijuana, including
tetrahydrocannabinols or cannabimimetic agents, for wholesale to marijuana
processors and other marijuana producers pursuant to RCW 69.50:325.
c. "Marijuana retailer" means any person or entity established for the
purpose of making marijuana concentrates, usable marijuana and marijuana-
infused products, including tetrahydrocannabinols or cannabimimetic agents,
available for sale to adults aged twenty-one and over.
d. "Marijuana researcher" is a position licensed by the Washington
state liquor and cannabis board that permits a licensee to produce, process, and
possess marijuana for the limited research purposes set forth in RCW 69.50.3Z2.
at least until a thorough review of land use and code enforcement issues by the
planning commission and the city council, and poss'ible amendment to the ciry
code, marijuana researcher businesses shall not be permitted within the city of
Auburn.
e. "Marijuana transporter" is a position licensed by the Washingfon
state liquor and cannabis board pursuant to WAC 314-55-310 that allows a
licensee to physically transport or deliVer marijuana, marijuana concentrates, and
marijuana-infused products between licensed marijuana businesses within
Washington state. at least until a thorough review of land use and code
enforcement issues by the planning commission and the ciry council, and
possible amendment to the city code, marijuana transporter businesses shall not
be permitted within the city of Auburn.
B. License application — qualification — requirements to apply. in
addition to the information required to be included with an application form
pursuant to ACC 5.10.040(a), an application for a license for marijuana related
business shall also include:
1. License — each application for a marijuana related business shall
be accompanied by a current, valid license to operate as a marijuana producer or
marijuana processor issued by the Washington state liquor and cannabis board,
� or; for mariivana retailers, either a current, valid license to operate as a
marijuana retailer awarded by fhe Washington state liquor and cannabis board
on the basis of I-502 lottery selection or a.current, valid license to operate as a
mariivana retailer awarded bv the Washinaton state liquor and cannabis board
Ordinance No. 6625
Octob.er 4, 2016
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on the basis of prioritv one selecfion toqether with a valid and complete buildinq
permit application submiffed to ihe Citv of Auburn_prior to Januarv 4. 20`16. Even
if permitted or licensed by and/or registered with the Washington state liquor and
cannabis boa�d, marijuana cooperatives, marijuana researchers and marijuana
transporters are not qualified or entitled 40 operate within the city of Auburn or to
� apply for a permit or business license w. ithin the city of Auburn.}
a, The maximum number of licensed marijuana retailers authorized
and allowed to operate in the city of Aubu�n shall not exceed two (2); provided
that a mariivana retailer licensed bv the Washinqton state liQuor and cannabis
-
board on the basis of prioritv one selection mav be allowed to operate.within the
citv even if it constitutes more than two (21 such businesses, if the business
applied to the. citv for permits or approvals aatentiv related to an intended
mariivana retail business at a time when the citv did not have a moratorium or a
ban prohibitinq such activitV.
b. If anv mariivana retail business fhat is licensed on the .basis. of
prioritv one selection bv the Washinqton s4ate liquor and cannabis board in
combination with a valid and complete buildina permit apblication su6mitted to
the Citv of Auburn prior to Januarv 4. 2016: ceases to operate within the citv, the
number of authorized mariivana retail businesses would be reduced to a number
not exceedinq two (2).
bc. Any marijuana producer or marijuana processors operating within
the city (i) shall strictly comply with all industrial, health and safety codes,
including but not limited to section 314.55.104 WAC and section 69.50.348 RCW,
and (ii) shall have at least 4,000 square feet of building u4ilized #or its individual
business, and fhe total square feet of all marijuana producers and processor in
the city shall not exceed 90,000 square feet qf building space; provided that any
such business that was licensed and existing prior to August 1, 2016, that did not
have at least 4,000 square feet of building utiliied for ifs individual business may
corftinue operating at its current location even though it did not have at least
4,000 square feet of building utilized for its individual business.
1. Security requirements — each application for a marijuana related
business shall be accompanied by documentation of compliance with the secu�ity
requirements of WAC 314-55-083 (2) and (3).
2. Fingerprints — Each application for a marijuana related business or
renewal shall be accompanied by a complete set of fingerprints of all managers
and owners of the business, utilizing fingerprint forms as prescribed tiy the chief
of police.
bb. License regulations.
1. Access by city officials — all city officials shall have free access to
marijuana related businesses licensed under the proVisions of this chapter for the
purposes of inspecting and enforcing compliance with 4he provisions of #his
chapter.
� ' .
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October 4, 2016
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2. Entry prohibitions for certain person— R is unlawful for the owner,
proprietor, manager, or person in charge of any marijuana related business
licensed under the provisions of this chapter, or for any employee of said piace,
to allow entry or admission to any person under 4he age of 21 years of age, any
lewd or dissolute person, any drunken or b.oisterous person, or any person under
4he influence of any intoxicant.
3. Law enforcement officers entry right — It is unlawFul for the owner,
proprietor, manager or person in charge of any marijuana related business
licensed under the provisions of this chapter to refuse admission to any pe.ace
officer of the city or of the state, or any officer of the united states government
charged wi4h the duty of enforcing the police laws of the united states. said
officers shall have free access at all times to any marijuana related businesses
licensed under the provisions of this chapter.
4. Operation regulations — All marijuana, including
tetrahydrocannabinols or cannabimimetic agents, equipment and all cultivation,
processing, production, storage or sales shall be conducted entirely inside
buildings. any perimeter fencing intended for security purposes shall meet the
requirements of the city of Auburn and of the state of Washington applicable
thereto.
5. State statute compliance — All marijuana related businesses
licensed under the provisions of this chapter shall also comply with RCW
chapters 69.50 and 69.51A, and WAC chapter 314-55, as applicable. (Ord. 6613
§ 3, 2016.)
Section 3. All Other Provisions of'Ordinance No. 6613, includinst its
Moratorium and Work Plan Remain in Effect. All provisions of Ordinance No.
6613, including recitals, amendments, moratorium and work plan shall remain in
full force and effect, consistent with the provisions thereof.
Section 4. Ordinance to be Transmitted to State. Pursuant to RCW
36.70A.106, a copy of this Ordinance shall be transmitted to the Washington
State Department of Commerce. A copy of this Ordinance shall also be
transmitted to the Washington State Liquor and Cannabis Board.
Section 5. Imalementafion. That the Mayor is hereby authorized to
implement such administrative pro.cedures as may be necessary to carry out the
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October 4, 2016
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directives of this legislation.
Section 6. Severabilitv. That the provisions of this ordinance are
deciared to be separate and seVerable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
applic.ation thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validiry of its application to other persons
or circumstances.
Section 7. Effective date. This Ordinance shall be in full force and
effect five (5) days after publication.
INTRODUCED: NOV -7 2016
PASSED: NOV - 7 2016
APPROVED: NOV -7 2016
CITY OF AUBURN
ATTEST: �
NANC KUS, AYOR
��'�
Danielle E. Daskam, City Clerk
APP ED O FOR .
aniel B. Hei , City Attorney
Published:����'�'��i J-'��-�'� `��� ��
Ordinance No. 6625
October 4, 2016
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