|
INFORMATIONAL MEMO
<br />Page 2
<br />DISCUSSION
<br />What is the City’s role in the state process?
<br />Initiative502 was supported by 55.49% of Washington voters and 57% of Tukwilavoters. In
<br />only one out of Tukwila’s 18 voting precinct did the “No” votes exceed the “Yes” votes and then
<br />only by 3out of 253 votes.
<br />Under the proposed rules, a local jurisdiction will be notified when a license application is filed
<br />with the LCB and the city will have 20 days to file written objections. The LCB’s siting criteria
<br />will prohibit recreational marijuana commercial uses generally within 1,000 feet of schools,
<br />parks, recreation centers, transit centers, libraries, game arcades and child care centers. The
<br />map attached shows that this requirement will substantially limit production, processing, and
<br />retailingto the north and south sides of the City. City staff hasbeen told by staff at the
<br />Association of Washington Cities that the WSLCB will not issue licenses for uses within
<br />residential zones(see Attachment B). However, I-502 does not provide this siting restriction and
<br />nothing in the draft rules imposes this restriction. Further, the City of Tukwila’s home
<br />occupation definition would not restrict recreationalmarijuana uses as home occupations.See
<br />Attachment C for a map showing the 1,000 foot separation imposed by the WSLCB.
<br />State law allows the City to adopt and enforce zoning requirements, business licensing
<br />requirements, health and safety requirements, and business taxes as exercises of the City’s
<br />police powers. A local ordinance cannot preempt a state law to outright prohibit a use and the
<br />state statute may not preempt a local ordinance if the statute and the ordinance are not in
<br />conflict.Existing regulations provide basic protections against the location ofincompatible uses
<br />but the increased production, processing, selling, or delivery ofmarijuana likely to be spurred by
<br />the new State regulations may create additionalimpacts. Experience in other jurisdictionswith
<br />medical marijuana dispensaries indicates that businesses containing usable marijuana or
<br />marijuana-infused products may have greater security issues compared with the other
<br />businesses. The production and possible processing of marijuana can create off-site odors and
<br />growing marijuanaindoors can have significant electricity needs. Residents and businesses
<br />may be concerned that marijuana-related businesses can negatively impact neighborhood
<br />character due to messaging on signs and the potential for robberies.
<br />What are the City’s options?
<br />A.Do nothing.
<br />The City could decide not to adopt anyregulationsrelated to recreational
<br />marijuana. This would mean that on September14, 2013, applicants could apply to the
<br />WSLCB for a licenseto produce, process, and sell recreational marijuana at locations
<br />throughout the City. While the 1,000 foot setback from schools, parks, libraries, etc.
<br />would still apply, marijuana retailers could locate in any zone in which retail uses are
<br />1
<br />allowed (MUO, RCC, NCC, RC, RCM, TUC C/LI, LI, HI, MIC/L, MIC/H, and TVS
<br />zones). Processors could locate where manufacturing, processing and/or packaging of
<br />pharmaceuticals and related products, such as cosmeticsand drugs are an allowed use
<br />2
<br />(NCC, RC,RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H, and TVS zones). Producers may be
<br />1
<br />Subject to additional, zone-specific regulations.
<br />2
<br />Subject to additional, zone-specific regulations.
<br />
<br />
|