HomeMy WebLinkAbout5194 RESOLUTION NO. 5 1 9 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING 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 (1-502), approved 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 in retail outlets; and
WHEREAS, 1-502 Section 13 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,
which initial limitation was applied to Auburn as restricting 4he number of retail outlets
to two (2) such businesses for the City of Auburn; and
WHEREAS, on September 2, 2014 the Aubu�n City Council adopted
Ordinance 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 marijuana regulations; and
WHEREAS, the Liquor and Cannabis Board 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
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December 21, 2015
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WIiEREAS, the Liquor and Cannabis Board also advised that local
jurisdic4ions 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, the City Council desires to impose an immediate twelve (12)
month moratorium on the acceptance of any permit application or business license
or application for the siting, location or operation of any new marijuana retailers;
ancl
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, in the event permanent regulations are adopted prior to the
expiration of 4he 12 month moratorium established by this Resolution, this
Resolution may be repealed, terminating the moratorium.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. FINDINGS. The above "Whereas" paragraphs constitute findings
of fact in support of the moratorium established by this Resolution and said findings
are fully incorporated into this Resolution.
Section 2. MORATORIUM. Pursuant to the provisions of sections 35A.63.220
and 36.70A.390 RCW, the moratorium established by this Resolution prohibits the
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December 21, 2015
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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. This moratorium shall not prohibit the operation of retail marijuana
businesses which lawfully exist in the City under State law and/or City Ordinances prior
to the effective date of this Resolution and shall not preclude renewal of existing
licenses for businesses which continue tb be in lawful operation at the time of such
renewal.
Section 3 TERM OF MORATORIUM. The moratorium imposed by this
Resolution shall become effective on the 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 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 4. WORK PLAN. The following work plan is adopted to addres.s
the issues involving marijuana/cannabis related business regulations:
A. The City of Aubu�n 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.
B. The Planning Commission and City staff are aufhorized 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 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
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December 21, 2015
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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 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 related to marijuana/cannabis related business land
uses, including, but not limited to, 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 Resolution.
Section 5. 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 16th day of February,
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 6. RESOLUTION TO BE TRANSMITTED TO STATE. Pursuant to
RCW 36.70A.106, a copy of this Resolution 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 7. 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,
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 circumstance.
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Decem ber 21, 2015
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Section 8. ADMINISTRATIVE PROCEDURES. The Mayor is authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 9. EFFECTIVE DATE. This Resolution shall take effect and be in full
force upon passage and signatures hereon.
Dated and Signed this `�� day of , 2016.
CITY OF AUBURN
ANCY B I S, MAYOR
ATTEST:
�� ��-aa�`t�
Danielle E. Daskam, City Clerk
APP ED AS TO FORM:
iel B. Hei , � y Attorney
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December 21, 2015
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