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HomeMy WebLinkAboutReg 2015-05-04 Item 6A - Ordinance - Moratorium on Medical Cannabis Collective Gardens and DispensariesCOUNCIL AGENDA SYNOPSIS nitials MeelinoDate Pre .pared by Mayor's review Council review 04/27/15 NG CA�-Z LC4 05/04/15 NG ❑ Other At g Date L6 SPONSOR'S Tukwila's current moratorium on medical cannabis collective gardens and dispensaries will SUMMARY expire on May 27, 2015. The state has not provided clarification on the conflicts created by the partial veto of RCW 69.51A or the relationship between medical cannabis and recreational marijuana. The Council is being asked to consider and approve the ordinance extending the moratorium. Ri?vii:lwri) iiy ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/23/15 COMMIT-FEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comml',',]:E' Forward Moratorium to Committee of the Whole COST IMPACT / FUND SOURCE ExPENDI'1'URE, RlQUIRF"D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/27/15 ITEM INFORMATION ITEM NO. 6.A. 27 STAIN SPONSOR: NORA GIERLOFF 4/27/15 A(;i;Nl),\ 1'ri,"m Trn.E, Renewal of Moratorium on Medical Cannabis CxnE(3oRy Z Discussion Mt g Dale 4127115 ❑ motion Alg Dale [:] Resolution Mt g Date Z Ordinance Af g Date 514115 ❑ Bid Award Mi g Date Z.Public Hearing ARg Dale 4127119 ❑ Other At g Date SPONSOR ❑ Council ❑ Mayor EI.HR Z DCD D.Finance [].Fire [:1 IT [:] P&R [:] Police ❑ PIV SPONSOR'S Tukwila's current moratorium on medical cannabis collective gardens and dispensaries will SUMMARY expire on May 27, 2015. The state has not provided clarification on the conflicts created by the partial veto of RCW 69.51A or the relationship between medical cannabis and recreational marijuana. The Council is being asked to consider and approve the ordinance extending the moratorium. Ri?vii:lwri) iiy ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/23/15 COMMIT-FEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Comml',',]:E' Forward Moratorium to Committee of the Whole COST IMPACT / FUND SOURCE ExPENDI'1'URE, RlQUIRF"D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 4/27/15 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 4/27/15 Informational Memorandum dated 2/17/15, updated 4/1/15 Attachment A. Statement of James M. Cole, Deputy Attorney General Attachment B. Draft Ordinance Renewing the Moratorium on Medical Cannabis Minutes from the Community Affairs and Parks Committee meeting of 2/23/15 5/4/15 Ordinance in final form 27 m City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2439; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, on August 6, 2012, the Tukwila City Council adopted Ordinance No. 2379, renewing the 12 -month moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, on August 5, 2013, the Tukwila City Council adopted Ordinance No. 2404, renewing until May 31, 2014 the moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2014 Legislative Session; and W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 3 -16 -15 Page 1 of 4 NG:bjs W WHEREAS, on May 19, 2014, the Tukwila City Council adopted Ordinance No. 2439, renewing until May 19, 2015, the moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2015 Legislative Session, and WHEREAS, revisions to the medical marijuana rules have not been adopted so far during the 2015 Legislative Session and no clarity regarding state and federal regulations related to the licensing, establishment, maintenance, or continuation of any medical cannabis collective garden is currently available; and WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, and prior to the enactment of Ordinance No. 2404, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which recreational marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, no licenses have been issued by the State of Washington for recreational marijuana producers, processors, or retailers to establish businesses in the City of Tukwila and, therefore, any impact from those uses has not yet been experienced; and WHEREAS, the City has diligently pursued this issue and continues to develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state or federal law, but needs additional clarity from the Washington State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of collective gardens in the community; and WHEREAS, the moratorium adopted by Ordinance No. 2439 will expire before the State has rectified the inconsistencies between recreational marijuana and medical cannabis; and WHEREAS, the City deems it in the public interest to renew the moratorium continued by Ordinance No. 2439 for 6 months beyond the end of the State Legislative Session in order to investigate this issue further, allow for the passage of State regulations or lifting of Federal prohibitions, and then to adopt City regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on April 27, 2015, to hear testimony regarding the City's moratorium. W: Word Processing\Ordinances \Moratorium on marijuana collective gardens- renewed 3 -16 -15 NG:bjs Page 2 of 4 30 Section 3. Duration. The moratorium renewed herein shall be in effect until October 31, 2015, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15 -day period, and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15 -day period and who grows no more than 15 plants and otherwise complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who grows no more than 15 plants and otherwise complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non - conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non - conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and /or his /her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries and collective gardens including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of medical marijuana uses under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 3 -16 -15 Page 3 of 4 NG:bjs 31 In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Further, beyond the extent established by the Washington State Liquor Control Board, the work program should also coordinate medical cannabis rules and regulations with the recreational marijuana rules and regulations established under Initiative 502. The Finance Director and /or his /her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Repealer. Ordinance No. 2439 is hereby repealed. Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of )2015. ATTEST /AUTH ENT[ CATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 3 -16 -15 Page 4 of 4 NG:bjs 32