HomeMy WebLinkAboutCOW 2013-07-22 Item 3B - Public Hearing - Ordinance Establishing Moratorium on Recreational Marijuana Producers, Processors and Retailers COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
STAFF SPONSOR:STACY MACGREGOR ORIGINAL AGENDA DATE: 07/22/13
AGENDA ITEM TITLE Establish a moratorium on recreational marijuana producers, processors and
retailers.
CATEGORY ® Discussion ❑Motion ❑ Resolution ® Ordinance ❑Bid Award ® Public Hearing ❑ Other
Mtg Date 07/22/13 Mtg Date Mtg Date Mtg Date 8/5/13 Mtg Date Mtg Date 7/22/13 Mtg Date
SPONSOR ❑ Council ❑Mayor ❑ HR ® DCD ❑ Finance ❑Fire ❑ IT ❑ P&R ❑ Police ❑ PW
SPONSOR'S On November 6, 2012, Washington state voters passed Initiative 502 decriminalizing
SUMMARY recreational marijuana and creating a regulatory process to license recreational marijuana
producers, processors and retailers. The rules making is still in a draft stage at the State
yet the state will issue licenses on December 1, 2013. Staff is proposing to establish a
moratorium for 6 months and direct staff to draft a zoning code amendment to establish
location standards for recreational marijuana uses.
REVIEWED BY ❑ COW Mtg. ® CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑Parks Comm. ❑ Planning Comm.
DATE: 07/08/2013 COMMII"1'EE CHAIR: EKBERG
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
CoMMII IbE 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: /,/c7
MTG. DATE RECORD OF COUNCIL ACTION
07/22/13
MTG. DATE ATTACHMENTS
07/22/13 Informational Memorandum dated 07/3/13
Draft Ordiance renewing moratorium
Minutes from the Community Affairs and Parks Committee meeting 7/8/13
08/05/13
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4 ft's t `�1% City of Tukwila
o a < t Jim Haggerton, Mayor
u, � .. O
ji k
29oa INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, Department of Community Development Director
BY: Stacy MacGregor, Assistant Planner
DATE: June 26, 2013
SUBJECT: Establishment of a Moratorium on Marijuana Processing, Producing and
Retailing.
ISSUE
Should the City establish a moratorium on recreational marijuana producers, processors, and
retailers?
BACKGROUND
In the fall of 2012, the Washington voters passed Initiative 502 (1-502), which directs the
Washington State Liquor Control board (LCB) to regulate (recreational) marijuana producers,
processers and retailers. On May 17th, the Liquor Control Board released draft rules regarding
the implementation of 1-502. On June 10th, the LCB announced a revised timeline for final
adoption of regulations. The final rules are set to go into effect on September 14th, with
applications for licenses being accepted during a 30-day window from mid-September to mid-
October. The LCB will begin issuing licenses on December 1, 2013. This is sooner than
expected and necessitates a moratorium while new code provisions are drafted to allow the city
to consider the primary and secondary impacts of recreational commercial marijuana as a use.
Under the draft rules, a local jurisdiction will be notified when a license application is filed with
the LCB and the city will have 20 days to file written objections. The LCB's siting criteria will
prohibit recreational marijuana commercial uses generally within 1,000 feet of schools, parks,
recreation centers, transit centers, libraries, game arcades and child care centers. The Tukwila
City Council may wish to create a zoning overlay to allow commercial recreational marijuana
use only in certain zones in the city and/or subject to certain location standards.
A local ordinance cannot preempt a state law to outright prohibit a use and the state statute may
not preempt a local ordinance if the statute and the ordinance are not in conflict.
DISCUSSION
Given that the state is establishing a licensing mechanism for recreational marijuana, and, given
the State Liquor Control Board will adopt final rules for 1-502 implementation only two and one-
months before issuing licenses, and, given that the impacts of 1-502 have not been fully
explored; it would is prudent to adopt a moratorium to allow the city time to draft a zoning code
ordinance to coordinate city code with 1-502.
FINANCIAL IMPACT
None.
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INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Committee is being asked to forward the ordinance to the July 22, 2013 Committee of the
Whole meeting and subsequent August 5, 2013 Regular Meeting and direct the Director of
Community Development to draft zoning code amendments for council consideration to
implement 1-502.
ATTACHMENTS
Draft Ordinance
22 W:12013 Info Memos-Council\REC MJ.doc
' RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING A 6-MONTH
MORATORIUM ON THE ESTABLISHMENT, LOCATION,
OPERATION, LICENSING, MAINTENANCE OR CONTINUATION
OF MARIJUANA PRODUCERS, PROCESSORS, AND
RETAILERS AS REGULATED PURSUANT TO WASHINGTON
STATE INITIATIVE 502; 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 November 6, 2012, Initiative 502 was passed by the voters of the
State of Washington, providing a framework under which marijuana producers,
processors, and retailers can become licensed by the State of Washington; and
WHEREAS, Initiative 502 directs the Washington State Liquor Control Board
(WSLCB) to develop rules and regulations to:
1. Determine the number of producers, processors and retailers of marijuana
by county;
2. Develop licensing and other regulatory measures;
3. Issue licenses to producers, processors, and retailers at locations which
comply with the Initiative's distancing requirements prohibiting such uses
within 1,000 feet of schools and other designated public facilities; and
4. Establish a process for the City to comment prior to the issuance of such
licenses; and
WHEREAS, the WSLCB is expected to adopt new regulations on recreational
marijuana on August 14, 2013, and to begin issuance of marijuana producer, processor
and retail licenses to qualified applicants in December 2013; and
WHEREAS, Section 69.51A.140 RCW delegates authority to cities and towns to
adopt and enforce zoning requirements, business licensing requirements, health and
safety requirements, and business taxes as exercises of the City's police powers; and
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WHEREAS, marijuana production, processing, and retailing uses must be
addressed in the City's zoning code, but the land use and secondary impacts of these
uses are still largely unknown and the regulations that the City will need to address
them are uncertain pending the Washington State Liquor Control Board's adoption of its
licensing regulations and procedures; and
WHEREAS, unless the City acts immediately to address marijuana-related uses,
such uses may be able to locate in the City without regulation and thereby have
adverse impacts on the City and its citizens; and
WHEREAS, the City deems it in the public interest to impose a moratorium for a
period of six months in order to investigate this issue further and obtain regulatory
clarity and guidance from the WSLCB's rules;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Established. The City hereby establishes a moratorium
on the establishment of marijuana producers, processors, and retailers asserted to be
authorized under Initiative No. 502.
Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate
public notice, a public hearing was held on July 22, 2013 to hear testimony regarding
the City's moratorium.
Section 3. Duration. The moratorium herein shall be in effect until six months
from the effective date noted below, 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:
1. "Marijuana" means all parts of the plant Cannabis, whether growing or not,
with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds
thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
The term does not include the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of
germination.
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2. "Marijuana processor" means a person licensed by the state liquor
control board to process marijuana into useable marijuana and marijuana-infused
products, package and label useable marijuana and marijuana-infused products for sale
in retail outlets, and sell useable marijuana and marijuana-infused products at
wholesale to marijuana retailers.
3. "Marijuana producer" means a person licensed by the state liquor control
board to produce and sell marijuana at wholesale to marijuana processors and other
marijuana producers.
4. "Marijuana retailer" means a person licensed by the state liquor control
board to sell useable marijuana and marijuana-infused products in a retail outlet.
5. "Marijuana-infused products" means products that contain marijuana or
marijuana extracts and are intended for human use. The term "marijuana-infused
products" does not include useable marijuana.
6. "Useable marijuana" means dried marijuana flowers. The term "useable
marijuana" does not include marijuana-infused products.
Section 5. No Non-conforming Uses. No use that constitutes or purports to be a
marijuana producer, marijuana processor, or marijuana retailer, 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 as its
preliminary findings the recitals set forth above. The Council may adopt additional
findings in the event that additional evidence is presented to the City Council.
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 marijuana production facilities, processing facilities, and
retailing facilities, including but not limited to review of the conflict between state and
federal law regarding the legality of zoning and licensing of recreational marijuana uses
under any circumstances and notwithstanding the enactment by the legislature of
Initiative 502. The work program should also develop appropriate land use regulations
pursuant to the new state law and state licensing requirements for review and
recommendation for inclusion in the zoning regulations or other provisions of the
Tukwila Municipal Code. Such regulations shall permit the location of marijuana
producers, marijuana processors, and marijuana retailers in the City to the extent, but
only to the extent, authorized by state law and then only when in compliance with state
licensing requirements and City regulations. Further, appropriate nuisance declaration
and abatement provisions should be developed to address any violations of any new
state or City regulations or licensing requirements. Such regulations shall be presented
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to the Tukwila Planning Commission and Tukwila City Council for consideration and
action in due course. 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. 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 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. 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 , 2013.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
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/.-IfLq 4
of „ii 1. City of Tukwila
' '�
�l � ;o� Community Affairs and Parks Committee
2905-�
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
July 8, 2013-5.15p.m.
PRESENT
Councilmembers:Allan Ekberg, Chair;De'Sean Quinn and Kate Kruller
Staff: Jack Pace, Stacy MacGregor,Bob Giberson,Ryan Larson,Laurel Humphrey
CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: Medical Cannabis Collective Garden Moratorium Renewal
Staff is seeking Council approval of an ordinance that would renew a moratorium on medical cannabis
collective gardens and dispensaries through May 31, 2014. This will be the second renewal of the original
moratorium originally placed by Ordinance 2348 on August 15,2011.
Initiative 502, passed last November, decriminalizes recreational marijuana use and allows for state
licensing of recreational marijuana retailers, processors and producers. The recently adopted state budget
includes a proviso directing the Washington State Liquor Control Board to develop recommendations
regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. Renewing
the moratorium will give the City time to investigate the potential changes to zoning regulations that may
be necessary to address these recent changes as well as to receive any regulatory clarity that may be
forthcoming from the State during the January—March 2014 Legislative Session.
Staff noted that the seventh recital will be modified to reflect the current status of the state budget.
Committee Chair Ekberg requested that these changes be presented in strikeout/underline for the COW.
UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING.
B. Ordinance: Marijuana Processing, Producing and Retailing
Staff is seeking Council approval of an ordinance that would establish a moratorium on recreational
marijuana producers, processors and retailers for six months from the ordinance effective date. Pursuant
to the provisions of Initiative 502, the Washington State Liquor Control Board is in the process of
developing rules regarding its implementation. The final rules are due to go into effect on September
14`h, with applications for licenses being accepted for 30 days, through mid-October. Licenses will be
issued beginning December 1, 2013.
Under the draft rules, recreational marijuana commercial uses will be prohibited within 1,000 feet of
schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers.
Establishing a moratorium now will allow the City time to draft a zoning code ordinance that will
coordinate most effectively with the Liquor Control Board Rules as well as with the provisions of
Initiative 502.
Staff indicated that there will be a presentation of potential code amendments to the Planning
Commission at its July 25 meeting, after which recommendations will come before the Council.
After a discussion of the zoning considerations, Committee members agreed that establishing the
moratorium would be of benefit to the City. UNANIMOUS APPROVAL. FORWARD TO JULY 22
COW FOR PUBLIC HEARING.
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