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Home My WebLink AboutReg 2012-08-06 Item 5A - Ordinance - Renew Moratorium on Medical Cannabis Collective Gardens/DispensariesCOUNCIL AGENDA SYNOPSIS AGENDA ITEM TITLE Initials Meeting Date Prepared by "va review 07/23/12 BM 08/06/12 BM ITEM INFORMATION STAFF SPONSOR: NORA GIERLOFF Clu',I,,1 r eview �l/ ITEM NO. 5.A. ORIGINAL AGENDA DATE: 7/23/12 Renewal of a moratorium on medical cannabis collective gardens and dispensaries. CATEGORY Discussion Motion Resolution Ordinance BidAward Public Hearing Other Mtg Date 07123112 Mtg Date Mtg Date Mtg Date 816/12 Mtg Date 111tg Date 07123112 Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW/ SPONSOR'S On August 15, 2011, the City Council enacted City Council Ordinance No. 2348, which SUMMARY established a one year moratorium on medical cannabis collective gardens and dispensaries. The established moratorium is set to expire at midnight on August 14, 2012. Staff is proposing to renew the moratorium for an additional year. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/09/12 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMTI"TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: N/A I MTG. DATE I 07/23/12 MTG. DATE 07/23/12 1 08/06/12 RECORD OF COUNCIL ACTION Forward to next Reqular Meetina ATTACHMENTS Informational Memorandum dated 7/2/12 Draft Ordinance renewing the moratorium Ordinance No. 2348 Informational Memorandum dated August 8, 2011 WCIA Risk Management Bulletin Minutes from the July 9, 2012 Community Affairs and Parks Committee meeting Ordinance in final form 1 2 City of Tukwila i1a Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A 12 -MONTH 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. 2348; 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, after adoption of the City's moratorium, and despite calls from other Washington State cities, the Washington State Legislature has failed to provide clarification on the statutes relating to cannabis collective gardens and /or dispensaries; and WHEREAS, several initiatives are currently pending with the Washington Secretary of State's Office addressing the issue of cannabis; and W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 6 -27 -12 Page 1 of 4 BM:bjs 3 WHEREAS, the moratorium adopted by Ordinance No. 2348 will expire before the initiatives go before the people of the State of Washington and, if adopted, before the initiatives would be enacted into law; and M WHEREAS, the City is not in the position to expend scarce resources in developing regulations that may be rendered obsolete in a very short time, based on action taken at the State level; and WHEREAS, the City desires to wait for the outcome of the vote on these initiatives and, if passed by the people, to determine any impact these initiatives may have (either directly or indirectly) on requirements relating to cannabis collective gardens and /or dispensaries; 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 July 23, 2012 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until August 14, 2013, 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 W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 6 -27 -12 BM:bjs Page 2 of 4 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 complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who 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, production facilities, and processing facilities including but not limited to review of the pending dispute between state and federal law enforcement authorities regarding the legality of medical marijuana under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. 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. 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. 2348 is hereby repealed. Section 9. 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 10. 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. W: Word Processing \Ordinances \Moratorium on marijuana collective gardens- renewed 6 -27 -12 BM:bjs Page 3 of 4 5 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 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY Shelley M. Kerslake, 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 6 -27 -12 6 BM:bjs Page 4 of 4