HomeMy WebLinkAbout6613 ORDINANCE NO. 6 6 1 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
SECTION, 5.20.250, OF THE AUBURN CITY CODE AND
AMENDING SECTIONS 1.04.060, 1.25.010, 5.20.030,
5.20.050 AND 9.22.030 OF THE AUBURN CITY CODE
RELATED TO MARIJUANA RELATED BUSINESSES AND
ACTIVITIES, AND IMPOSING A MORATORIUM ON
MARIJUANA RELATED ACTIVITIES AS IDENTIFIED
HEREWITH
WHEREAS, the voters of the State of Washington approved Initiative
Measure No. 502 (1-502), in 2012, now codified within Chapters 69.50, 46.04,
46.20, 46.21 and 46.61 of the Revised Code of Washington (RCW), which
initiative decriminalized possession and use of certain amounts of marijuana and
marijuana paraphernalia, and authorized promulgation of regulations and
issuance of licenses by the Washington State Liquor and Cannabis Board
(WSLCB) for the production, processing and retailing of marijuana; and
WHEREAS, pursuant to Section 13 of 1-502, the City of Auburn was
initially allocated a maximum of two (2) marijuana retailers licensed by the
WSLCB; and
WHEREAS, Second Engrossed Substitute House Bill 2136 and Senate
Bill 5052 (SB 5052), adopted on April 24, 2015, revised state requirements for
state marijuana regulations, including marijuana processors, producers, retailers,
and cooperatives; and
WHEREAS, the WSLCB notified the City of Auburn on September 23,
2015, that pursuant to SB 5052 it would not limit the number of marijuana
retailers licensed within the City of Auburn to only those allocated per 1-502; and
WHEREAS, the WSLCB notified the City of Auburn on March 8, 2016, that
it would increase the number of marijuana retailers licensed within the City of
Auburn to the two (2) authorized by 1-502 and identified as the Stash Box and
Evergreen Market, AND an additional two (2) Priority 1 applicants for licenses
under SB 5052 ; and
Ordinance No. 6613
August 15, 2016
Page 1 of 20
WHEREAS, the WSLCB has since indicated that the number of SB 5052
retail licenses within the City of Auburn (presently two [2]) may be increased in
the future; and
WHEREAS, the City of Auburn adopted a moratorium, through Resolution
No. 5194, prohibiting any new marijuana retailers not already in operation on
January 4, 2016; and
WHEREAS, in a public hearing on February 16, 2016, and in comment to
City elected officials, including social media posts, Auburn residents voiced
concern for any marijuana retailers in excess of the initial two (2) originally
approved by 1-502; and
WHEREAS, WSLCB then notified the City of Auburn on March 8, 2016,
that marijuana retailers, including the Evergreen Market, that were licensed using
the 1-502 lottery are not allowed to move out of the jurisdictions where they are
licensed; and
WHEREAS, based upon — and in reliance on —that information, the City of
Auburn amended its moratorium, through Resolution No. 5215, to authorize the
operation of the two (2) marijuana retailers initially provided for by 1-502; and
WHEREAS, other cities, including Everett, Renton and Vancouver have
adopted restrictions on the number of licensed retailers to conform to initial 1-502
approved caps; and
WHEREAS, the WSLCB continued to process and issue licenses to
marijuana retailers within the City of Auburn pursuant to SB 5052 despite
transmittal of Resolution No. 5215 to the WSLCB; and
WHEREAS, because of the continued processing and issuing of WSLCB
licenses of retail marijuana businesses, and because new retail marijuana
businesses continued to engage in activities contrary to the City's moratoria, and
in response to the inconsistent, conflicting, and uncooperative position of the
WSLCB , the City of Auburn adopted Ordinance No. 6595 on April 4, 2016, which
ordinance prohibited all marijuana related activities within the City of Auburn; and
Ordinance No. 6613
August 15, 2016
Page 2 of 20
WHEREAS, consistent with a report by the Northwest High Intensity Drug
Trafficking Area, a division of the Office of National Drug Control Policy,
Ordinance No. 6595 protects public health, safety and welfare by minimizing
societal effects of marijuana, including a 122% increase in fatality motor vehicle
accidents involving the use of marijuana between 2010 and 2014 and a 312%
increase in contacts to the Washington Poison Center for intoxication calls
pertaining to youth consumption of marijuana, and other increases on demands
for public services such as fire and police presence; and
WHEREAS, despite the City's transmittal of Ordinance No. 6595 to the
WSCLB, the WSLCB has continued to process and issue licenses to marijuana
retailers within the City of Auburn pursuant to SB 5052; and
WHEREAS, the City of Auburn has been forced to expend significant
resources to enforce Resolution No. 5194, Resolution No. 5215 and Ordinance
No. 6595, due to WSLCB's continued issuance of marijuana retailer licenses
pursuant to SB 5052; and
WHEREAS, the City desires to provide greater clarity as to permitted and
prohibited marijuana retailers within the City of Auburn, avoid onerous
enforcement proceedings, improve voluntary compliance with local laws
pertaining to marijuana activities, facilitate improved cooperation with the
WSLCB, and protect the public health, safety and welfare while remaining
cognizant of the approval of 1-502 by voters within the City of Auburn; and
WHEREAS, the incorporation of marijuana retailers into the City's
business licensing requirements will provide greater clarity, consistency,
predictability and uniformity that will benefit Auburn businesses and residents;
and
WHEREAS, in a public hearing on February 16, 2016, and in comment to
City elected officials, including social media posts, Auburn residents have not
expressed objection to, or concern over, licensed marijuana processors or
producers operating within the City of Auburn; and
Ordinance No. 6613
August 15, 2016
Page 3 of 20
WHEREAS, the revisions to state requirements for marijuana processors
and producers included in SB 5052 were minimal and have not resulted in a
noticeable increase in police and fire calls within the City of Auburn; and
WHEREAS, marijuana processors and producers are not accessed by the
general public and, consequently, result in impacts to the surrounding community
that are different than the impacts created by marijuana retailers and are properly
addressed through development and consideration of zoning provisions, as is
evidenced in other cities in Washington, including Vancouver and Spokane
Valley; and
WHEREAS, the Planning Commission of the City of Auburn has held and
conducted various public meetings and workshops to address marijuana
production, processing, and retailing, and subsequent zoning requirements for
licensed marijuana processors and producers is expected; and
WHEREAS, the WSLCB continues to license marijuana processors and
producers within the City of Auburn; and
WHEREAS, the incorporation of marijuana processors and producers into
the city's business licensing requirements will provide greater clarity,
consistency, predictability and uniformity that will benefit Auburn businesses and
residents; and
WHEREAS, the City desires to better align the regulation of licensed
marijuana processors and producers with the expressed preference of its
residents, improve voluntary compliance with local laws pertaining to marijuana
activities, facilitate improved cooperation with the WSLCB and protect the public
health, safety and welfare while remaining cognizant of the approval of 1-502 by
voters within the City of Auburn; and
WHEREAS, issues related to the schedule I classification of marijuana in
the Controlled Substances Act of 1970 and clinical and trial research on
marijuana's potential therapeutic effects warrant review of how or whether this
should be addressed in the Auburn City Code; and
Ordinance No. 6613
August 15, 2016
Page 4 of 20
WHEREAS, existing marijuana retailers, approved and licensed under I-
502, within the City as well as others within neighboring communities can provide
adequate access to marijuana for medicinal purposes; and
WHEREAS, Article XI, Section 11 of the Washington State Constitution
provides that any city may make and enforce within its limits all such local police,
sanitary and other regulations as are not in conflict with general laws; and
WHEREAS, the City has all powers possible under the Constitution and
not specifically denied to it; and
WHEREAS, the Washington Attorney General, through Opinion 2014-02,
has advised that 1-502 left in place the normal powers of local governments to
regulate marijuana related businesses within their jurisdictions; and
WHEREAS, the Washington Supreme Court also upheld city authority to
prohibit medical marijuana related land uses within their jurisdictions in Cannabis
Action Coalition v. City of Kent and
WHEREAS, the City's right to exact license fees through business
licensing requirements has been upheld by the Washington Supreme Court in
Diamond Parking, Inc. v. City of Seattle, City of Port Angeles v. Hadsell, and
World Wide Video, Inc. v. City of Tukwila; and
WHEREAS, ACC 5.10.040(A) requires any person desiring to establish
or undertake any activity, occupation, trade, pursuit, profession or other matter
with a physical presence in the City, whether operated with the object of profit or
operated not for profit, to first apply for, and obtain a business license; and
WHEREAS, the City code does not currently include business licensing
requirements for marijuana related businesses; and
WHEREAS, amendment of the City code to provide business licensing
requirements for marijuana related businesses will improve voluntary compliance
with local laws pertaining to marijuana activities, facilitate improved cooperation
with the WSLCB and protect the public health, safety and welfare while
remaining cognizant of the approval of 1-502 by voters within the City of Auburn;
Ordinance No. 6613
August 15, 2016
Page 5 of 20
and
WHEREAS, the Auburn City Code does not currently have specific
provisions addressing the number of statutorily permitted marijuana provisions
and/or uses; and
WHEREAS, the provisions for marijuana cooperatives, marijuana
researchers and marijuana transporters contained within SB 5052 go into effect
July, 2016; and
WHEREAS, marijuana cooperatives, marijuana researchers and
marijuana transporters are not explicitly addressed by current code provisions;
and
WHEREAS, the impacts and effects of marijuana cooperatives, marijuana
researchers and marijuana transporters on Auburn and the Auburn community
are unknown and deserving of study and review; and
WHEREAS, the inclusion of the prohibition of marijuana cooperatives,
marijuana researchers and marijuana transporters in the City's business
licensing requirements, pending review and potential amendment of the City
Code, will provide greater safety, clarity, consistency, predictability and uniformity
that will benefit Auburn businesses and residents; and
WHEREAS it would be advantageous for the City of Auburn to have a
thorough review made of the impacts and effects of marijuana cooperatives,
marijuana researchers and marijuana transporters; 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, the City Council desires to impose a moratorium for an
initial term of twelve (12) months on the acceptance and/or processing of any
permit or applications, for or related to any marijuana related activities,
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August 15, 2016
Page 6 of 20
including, but not limited to, licensing, permitting, siting, making structural or
building improvements, or operating any new marijuana activities; and any
other marijuana uses or activities that are not expressly provided by the City
Code regulations addressed herein; and
WHEREAS, the City Council anticipates that it can develop and adopt
appropriate controls for marijuana retail facilities prior to the expiration of the
moratorium enacted hereby; and
WHEREAS it would be advantageous for the City of Auburn to have a
thorough review made of the alternatives and options available to it for
regulation of marijuana related uses and activities; and
WHEREAS, in the event permanent regulations are adopted prior to
the expiration of the twelve (12) month moratorium established by this
Ordinance this Ordinance may be repealed, terminating the moratorium.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Recitals Adopted. 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.
Section 2. Replacement of Prior Ordinance. That this Ordinance
replaces and supersedes Ordinance No. 6595.
Section 3. Creating a New Section of the City Code. That a new
Section, 5.20.250, of the Auburn City Code is hereby created to read as follows:
5.20.250 Marijuana Related Activities.
A. Definitions,
1. "Marijuana cooperative" means up to four qualifying patients, as
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August 15, 2016
Page 7 of 20
defined by RCW 69.51A.010(19), who share responsibility for acquiring and
supplying the resources needed to produce and process marijuana, including
tetrahydrocannabinols or cannabimimetic agents, only for the medical use of
members of the cooperative and not for profit. At least until a thorough review of
land use and code enforcement issues by the planning commission and the city
council, and possible amendment to the city code, marijuana cooperatives shall
not be permitted within the city of Auburn .
2. "Marijuana related business" means a person or entity engaged in
for-profit activity that includes the 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 tetrahydrocannabinols 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 69.50.372.
at least until a thorough review of land use and code enforcement issues by the
planning commission and the city council, and possible amendment to the city
code, marijuana researcher businesses shall not be permitted within the city of
Auburn.
e. "Marijuana transporter" is a position licensed by the Washington
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 city 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
Ordinance No. 6613
August 15, 2016
Page 8 of 20
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 a current, valid license to operate as a marijuana retailer awarded by the
Washington state liquor and cannabis board on the basis of 1-502 lottery
selection. Even if permitted or licensed by and/or registered with the Washington
state liquor and cannabis board, marijuana cooperatives, marijuana researchers
and marijuana transporters are not qualified or entitled to operate within the city
of Auburn or to apply for a permit or business license within the city of Auburn.'
a. The maximum number of licensed marijuana retailers authorized
and allowed to operate in the city of Auburn shall not exceed two (2)
b. 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 utilized for its individual
business, and the total square feet of all marijuana producers and processor in
the city shall not exceed 90,000 square feet of 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 utilized for its individual business may
continue operating at its current location even though it did not have at least
4,000 square feet of building utilized for its individual business.
2. Security requirements — each application for a marijuana related
business shall be accompanied by documentation of compliance with the security
requirements of WAC 314-55-083 (2) and (3).
3. 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 by the chief
of police.
C. 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 the provisions of this
chapter.
2. Entry prohibitions for certain person — It 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 place,
to allow entry or admission to any person under the age of 21 years of age, any
lewd or dissolute person, any drunken or boisterous person, or any person under
the influence of any intoxicant.
3. Law enforcement officers entry right — It is unlawful for the owner,
' See Section 5.20.250 ACC.
Ordinance No. 6613
August 15, 2016
Page 9 of 20
proprietor, manager or person in charge of any marijuana related business
licensed under the provisions of this chapter to refuse admission to any peace
officer of the city or of the state, or any officer of the united states government
charged with 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.
Section 4. Amendment to City Code. That section 1.04.060 of
the Auburn City Code is hereby amended 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 with 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 city
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. . : - '_ - :, - . _ : : '- '
apply to any person or persons who has/have a valid, lawful license issued by
license pursuant to RCW 69.50.301 through 69.50.369, and WAC 311 55 005
through 311 55 510. In such instances, the state of Washington, not the city, is
the permitting and licensing entity. It is provided, however, that this provision
conduct or activity that is licensed or permitted under RCW 69.50 301 through
Ordinance No. 6613
August 15, 2016
Page 10 of 20
RCA/ 69750.325 through 69750.369 aad WAC 314-55-515 through 314 55 535
C. Except as provided by ACC 5.20.250 and 9.22.010, no action, activity,
business or enterprise shall be allowed or permitted to be conducted within the
city of Auburn that is in violation of state or federal law. (Ord. 6525 § 2, 2014;
Ord. 6416 § 3, 2012.)
Section 5. Amendment to City Code. That section 1.25.010 of
the Auburn City Code is hereby amended as follows:
1.25.010 Purpose.
It is the purpose of this chapter to generally provide civil penalties for non-
fire code violations of ACC Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, all
standards, regulations and procedures adopted pursuant to those titles, and the
terms and conditions of any permit or approval issued pursuant to those titles
which do notinvolve imminent danger to the public health, safety and welfare of
persons or property, and such other code provisions as are specified. Criminal
penalties provided in this code for non-fire violation of ACC Titles 1 5, 8, 10, 12,
13, 15, 16, 17 and 18, and all standards, regulations and procedures adopted
pursuant to those titles, and the terms and conditions of any permit or approval
issued pursuant to those titles whether contained in chapter 1.24 ACC or in the
individual titles are superseded to the extent provided herein. It is the intent of
this chapter to permit a timely and efficient means of enforcement, to establish
definitions, monetary penalties for violations and a hearing process before the
court of limited jurisdiction authorized to hear cases of the city as assigned in the
ACC or as otherwise provided by law. (Ord. 6429 § 1, 2012; Ord. 5966 § 1, 2006;
Ord. 5837 § 1, 2004; Ord. 5677 § 2, 2002; Ord. 5667 § 1, 2002; Ord. 5246 § 1
(Exh. B), 1999; Ord. 5212 § 1 (Exh.. B), 1999; Ord. 4460 § 1, 1991.)
Section 6. Amendment to City Code. That section 5.20.030 of
the Auburn City Code is hereby amended as follows:
5.20.030 License required - Fee - Term - Notices - Exemptions.
A. It is unlawful for any person, firm or corporation to engage in any
business as provided in this chapter within the city limits without first obtaining a
license pursuant to the provisions of this chapter.
B. The fee licensing under the provisions of this chapter shall be as
follows:
Ordinance No. 6613
August 15, 2016
Page 11 of 20
Type Fee Term
Initial Renewal
Ambulance Services License
Business No Fee No Fee 1/1 - 12/31
Attendant No Fee No Fee 1/1 - 12/31
Amusement Device License
1 to 4 $40.00 $20.00 1/1 - 12/31
5 or more $70.00 $20.00 1/1 - 12/31
Auto Races License $70.00 $20.00 1/1 - 12/31
Cabaret License $50.00 $20.00 1/1 - 12/31
Carnivals, Circuses, Shows, etc., Licenses
Carnival/circus $70.00 $20.00 1/1 - 12/31
Theater $70.00 $20.00 1/1 - 12/31
Show/exhibition $70.00 $20.00 1/1 - 12/31
Public amusement $70.00 $20.00 1/1 - 12/31
Dance License $50.00 $20.00 1/1 - 12/31
Fire Extinguisher
Without testing $30.00 $20.00 1/1 - 12/31
With testing $45.00 $20.00 1/1 - 12/31
Fireworks Stands License $70.00 $20.00 Noon 6/28
to Noon 7/6
(Regulation of fireworks stands under Chapter 8.24 ACC)
Massage Business, Health Salon, Public Bathhouse License
Business $85.00 $20.00 1/1 - 12/31
Attendant $85.00 $20.00 1/1 - 12/31
Merchant Patrol, Private Detective License
Merchant patrol agency $55.00 $20.00 1/1 - 12/31
Patrolman $55.00 $20.00 1/1 - 12/31
Detective agency $55.00 $20.00 1/1 - 12/31
Detective $55.00 $20.00 1/1 - 12/31
Motor Vehicle Wreckers License $70.00 $20.00 1/1 - 12/31
Outdoor Musical Entertainment License
$85.00/Event 1/1 - 12/31
Pawnbrokers/Secondhand Dealers License
Ordinance No. 6613
August 15, 2916
Page 12 of 20
Type Fee Term
Initial Renewal
$40.00 $20.00 1/1 — 12/31
Solicitor License
Master $40.00 $20.00 1/1 — 12/31
Agent $40.00 $20.00 1/1 — 12/31
Individual $40.00 $20.00 1/1 — 12/31
Taxicab License — Requires King County license only to operate in Auburn
Tow Truck Business License
Business $60.00 $20.00 1/1 — 12/31
Driver $40.00 $20.00 1/1 — 12/31
Marijuana Related Businesses $500.00 $500.00 1/1 - 12/31
Provided, that for the 2010 calendar year only, the renewal fee for
business licenses for the period July 1, 2010, to December 31, 2010, shall be
one half of the specified renewal fees.
C. A duplicate license shall be issued by the business license clerk, as
designated by the mayor, to replace any license previously issued which has
been lost, stolen, defaced or destroyed, upon the filing of an affidavit attesting to
such fact and the paying to the business license clerk of a fee of $1.00.
D. Any notice required by this chapter to be mailed to any licensee shall
be sent by ordinary mail, addressed to the address of the licensee shown by the
records of the business license clerk or, if no such address is shown, to such
address as the business license clerk is able to ascertain by reasonable effort.
Failure of the licensee to receive such mailed notice shall not release the
licensee from any fee or penalties thereon, nor shall such failure operate to
extend any time limit set by the provisions of this chapter.
E. This section grants an exemption from paying a fee for any licenses
required under the provisions of this chapter to bona fide nonprofit, charitable,
religious, or philanthropic persons or organizations.
1. Any person or organization claiming the exemptions of this section shall
file with the business license clerk an affidavit setting forth facts sufficient to show
the application of this section and the right to such exemption.
2. Persons or organizations required to be licensed by the state of
Washington, wherein the state has preempted the field of endeavor of any such
persons or organizations, shall not be required to obtain a license from the city
under the provisions of this title; provided however, any such persons or
organizations doing business within the city limits of the city shall carry the state
license on his or her person at all times when doing business within the city, and
shall exhibit such state license whenever he or she is requested to do so by any
police officer or any person who asks to see the same.
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August 15, 2016
Page 13 of 20
of one half of the specified renewal fee. For the 2011 calendar year and
. . • - _ _ : • E _ •• : _ . (Ord 6309 § 4, 2010; Ord 5897 § 7, 2005;
Ord. 4012 § 2, 1984.)
Section 7. Amendment to City Code. That section 5.20.050 of
the Auburn City Code is hereby amended as follows:
5.20.050 License application — Approval or disapproval procedure.
The business license staff person shall collect all license fees and shall
issue licenses in the name of the city to all persons qualified under the provisions
of this chapter and shall:
A. Adopt all forms and prescribe the information required to implement this
chapter;
B. Submit all applications, to department heads as listed below for their
endorsements as to compliance by applicant with all city regulations which they
have the duty of enforcing:
1. Ambulance services license: Valley Regional Fire Authority and police
department;
2. Amusement device license: police (four or under) and community
development and public works and police (five or more);
3. Auto races license: Valley Regional Fire Authority, community
development and public works, , and police departments;
4. Cabaret licenses: Valley Regional Fire Authority and police
departments;
5. Carnivals, circuses, shows, etc., licenses: Valley Regional Fire
Authority, community development and public works, and police departments;
6. Dance licenses: Valley Regional Fire Authority and police department;
7. Fire extinguisher service licenses: Valley Regional Fire Authority;
8. Massage business, health salon, etc., licenses: community
development and public works, police departments and appropriate County
health department;
9. Merchant patrol and private detective licenses: police department;
10. Motor vehicle wreckers licenses: community development and public
works and police departments and Valley Regional Fire Authority;
11. Outdoor musical entertainment licenses: community development and
public works and police departments and Valley Regional Fire Authority;
12. Pawnbrokers/secondhand dealers licenses: police department;
13. Solicitor license: police department;
14. Tow truck business license: Valley Regional Fire Authority, community
development and public works and police departments;
15. Marijuana related business license: community development and
Ordinance No. 6613
August 15, 2016
Page 14 of 20
I public works, police and utilities departments, and Valley Regional Fire.Authority.
C. Notify any applicant of the acceptance or rejection of his/her application
and shall, upon denial of any license state in writing the reasons therefor, the
process for appeal and deliver them to the applicant.
D. Deny any application for license upon written findings that the granting
would be detrimental to the public peace, health or welfare:
1. Whenever any such license is denied the applicant may within 15
calendar days from date of action, file written notice of appeal to the city's
director of community development and public works. Action of the city's director
I of community development and public works may be appealed 15 calendar days
from date of action to the hearing examiner, and action of the hearing examiner
shall be conclusive and not subject to review.
2. When the issuance is denied and any action instituted by the applicant
to compel its issuance, such applicant shall not engage in the business for which
the license was refused unless a license is issued pursuant to a judgment
ordering the same. (Ord. 6532 § 7, 2014; Ord. 5897 § 9, 2005; Ord. 4012 § 2,
1984.)
Section 8. Amendment to City Code. That section 9.22.030 of
the Auburn City Code is hereby amended as follows:
9.22.030 Drug paraphernalia — Definitions.
Except as authorized under United States Code (USC) Title 21: the
Controlled Substances Act, andexcept as authorized by the Revised Code of
Washington under RCW 69.50.301 through 69.50.369, as As—used in this
chapter, "drug paraphernalia" means all equipment, products, and materials of
any kind which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, inhaling,
smoking, or otherwise introducing into the human body a controlled substance. It
includes, but is not limited to:
A. Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of plant which is a
controlled substance or from which a controlled substance can be derived;
B. Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances;
C. Isomerization devices used, intended for use or designed for use in
increasing the potency of any species of plant which is a controlled substance;
D. Testing equipment used, intended for use or designed for use in
identifying or in analyzing the strength, effectiveness or purity of controlled
substances;
Ordinance No. 6613
August 15, 2016
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E. Scales and balances used, intended for use or designed for use in
weighing or measuring controlled substances;
F. Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed for use in
cutting controlled substances;
G. Separation gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from, or in otherwise cleaning or refining,
marijuana;
H. Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances;
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances;
J. Containers and other objects used, intended for use or designed for
use in storing or concealing controlled substances;
K. Hypodermic syringes, needles and other objects used, intended for
use or designed for use in parenterally injecting controlled substances into the
human body;
L. A device "designed primarily for" such smoking or ingestion set
forth in this section is a device which has been fabricated, constructed, altered,
adjusted or marked especially for use in the smoking, ingestion or consumption
of marijuana, hashish, hashish oil, cocaine or any other "controlled substance,"
and is peculiarly adapted to such purposes by virtue of a distinctive feature or
combination of features associated with drug paraphernalia, notwithstanding the
fact that it might also be possible to use such device for some other purpose.
Paraphernalia includes, but is not limited to, the following items or devices:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with
or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips, meaning objects used to hold burning material, such
as a marijuana cigarette, that has become too small or too short to be held in the
hand;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. A smokable pipe which contains a heating unit, whether the device
is known as an "electric pipe" or otherwise;
10. Air-driven pipes;
11. Chillums;
12.. A device constructed so as to prevent the escape of smoke into the
air and to channel smoke into a chamber where it may be accumulated to permit
inhalation or ingestion of larger quantities of smoke than would otherwise be
Ordinance No. 6613
August 15, 2016
Page 16 of 20
possible, whether the device is known as a "bong" or otherwise;
13. A device constructed so as to permit the simultaneous mixing and
ingestion of smoke and nitrous oxide or other compressed gas, whether the
device is known as a "buzz bomb" or otherwise;
14. A canister, container or other device with a tube, nozzle or other
similar arrangement attached thereto so constructed as to permit the forcing of
smoke accumulated therein into the user's lungs under pressure, whether the
device is known as a "power hitter" or otherwise;
15. A device for holding a marijuana cigarette, whether the device is
known as a "roach clip" or otherwise;
16. A spoon for ingestion of a controlled substance through the nose;
17. A straw or tube for ingestion of a controlled substance through the
nose or mouth;
18. A smokable pipe constructed with a receptacle or container in
which water or other liquid may be placed into which smoke passes and is cooled
in the process of being inhaled or ingested;
19. Ice pipes or chillers. (Ord. 6300 § 1, 2010.)
Section 9. Moratorium. Pursuant to the provisions of sections
35A.63.220 and 36.70A.390 RCW, the moratorium established by this Ordinance
prohibits the acceptance or processing of any permits or applications, for or
related to any marijuana related activities, including, but not limited to, licensing,
permitting, siting, making structural or building improvements for such an activity,
or operating any new marijuana activities; and any other marijuana uses or
activities that are not expressly provided by the City Code regulations addressed
herein.
Section 10. Term of Moratorium. The moratorium imposed by this
Ordinance shall become effective on the effective date hereof, and shall continue
in effect for an initial period of one year, unless repealed, extended or modified
by the City Council after subsequent public hearing(s) and entry of appropriate
findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall
Ordinance No. 6613
August 15, 2016
Page 17 of 20
automatically expire upon the effective date of zoning and land use regulations
adopted by the City Council to address the implementation of the State's
licensing of any marijuana/cannabis related business to be located in the City of
Auburn.
Section 11. Work Plan. The following work plan is adopted to address
the issues involving marijuana/cannabis related business regulations:
A. The City of Auburn Planning Commission shall be authorized
and directed to hold public hearings and public meetings to fully receive
and consider statements, testimony, positions and other documentation or
evidence related to the issue of marijuana/cannabis related businesses,
including, but not limited to, regulations related to the number of allowed
retail businesses, and including but not limited to marijuana cooperatives,
marijuana researchers and marijuana transporters.
B. The Planning Commission and City staff are authorized and
directed to review the experiences of other jurisdictions, the status of legal
cases, and statistical data, information, studies and other evidence
compiled by other municipalities, of adverse impacts of such
marijuana/cannabis related businesses, and to review State and Federal
law and regulations and the regulations, ordinances and codes adopted
and implemented by other municipalities to address marijuana/cannabis
related business land uses, and any other information that is pertinent to
consideration of marijuana/cannabis related businesses, including, but not
limited to, regulations related to the number of allowed retail businesses.
C. The City of Auburn Planning Commission shall work with
City staff and the citizenry of the City to develop proposals for regulation of
marijuana/cannabis related business land uses and zoning considerations,
to be forwarded in their recommendations to the City Council for inclusion
in ordinances and ultimate adoption as a part of the City Code of the City
of Auburn, including regulations related to the number of allowed retail
businesses.
D. The Mayor, in consultation with the City Attorney,
Community Development and Public Works Director, the Police Chief, the
Human Resources and Risk Management Director and other staff, shall
periodically advise and report to the City Council as to the status of
hearings, meetings and information development regarding activities of
the Planning Commission and City staff relative to the evaluation,
consideration and development of regulations concerning
marijuana/cannabis related land uses, including, but not limited to,
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August 15, 2016
Page 18 of 20
regulations related to the number of allowed retail businesses, with such
reports to be scheduled approximately every six (6) months or as
appropriate throughout the period of the moratorium and any extensions
thereof, until adoption of a comprehensive ordinance as developed,
relating to marijuana/cannabis related business land uses becoming
effective in conjunction with the termination of the moratorium referred to
in this Ordinance.
Section 12. Public Hearing. A public hearing shall be scheduled for
7:00 p.m. or as soon thereafter as the matter may be heard, on the 19th day of
September, 2016, in City Council Chambers, 25 West Main Street, Auburn,
Washington 98001, to hear and consider the comments and testimony of those
wishing to speak at such public hearing regarding the moratorium.
Section 13. 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 14. Implementation. That the Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 15. Severability. That the provisions of this ordinance 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 affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
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August 15, 2016
Page 19 of 20
Section 16. Effective date. This Ordinance shall be in full force and
effect five (5) days after publication, at which time the provisions of Ordinance
No. 6595 shall be superseded and replaced insofar as inconsistent herewith.
INTRODUCED: AUG 1 .5 2016
PASSED: AUG 1 5 2016
APPROVED: AUG 13 ?Ihji
CITY OF AUBURN
icANC B CKUS, MAYOR
ATTEST:
ACA
Danielle E. Daskam, City Clerk
APP' .hJtAP
OFORM
:
rielB. e . iyAttoe -Published: ��ct\c T' - O/ \ `b/ ac3 "l'
Ordinance No. 6613
August 15, 2016
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