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INFORMATIONAL MEMO
<br />Page 2
<br />DISCUSSION
<br />What is the City's role in the state process?
<br />Initiative 502 was supported by 55.49% of Washington voters and 57% of Tukwila voters. In
<br />only one out of Tukwila's 18 voting precinct did the "No" votes exceed the "Yes" votes and then
<br />only by 3 out 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 />retailing to the north and south sides of the City. City staff has been 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, 1 -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 recreational marijuana 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 of incompatible uses
<br />but the increased production, processing, selling, or delivery of marijuana likely to be spurred by
<br />the new State regulations may create additional impacts. Experience in other jurisdictions with
<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 marijuana indoors 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. The City could decide not to adopt any regulations related to recreational
<br />marijuana. This would mean that on September 14, 2013, applicants could apply to the
<br />WSLCB for a license to 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 />allowed (MUO, RCC, NCC, RC, RCM, TUC C /LI, LI, HI, MIC/L1, MIC /H, and TVS
<br />zones). Processors could locate where manufacturing, processing and /or packaging of
<br />pharmaceuticals and related products, such as cosmetics and drugs are an allowed use
<br />(NCO2, RC, RCM, TUC, C /LI, LI, HI, MIC /L, MIC /H, and TVS zones). Producers may be
<br />1 Subject to additional, zone - specific regulations.
<br />2 Subject to additional, zone - specific regulations.
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