HomeMy WebLinkAboutOrd 2404 - Moratorium on Medical Cannabis Collective Gardens or Dispensaries (Repealed by Ord 2439)
Cover page to Ordinance 2404
The full text of the ordinance follows this cover page.
Ordinance 2404 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
2439
City of Tukwila
Washington
Ordinance No. 2404
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. 2379; 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, medical marijuana was not addressed during the 2012 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
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WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, 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, the Washington State Legislature has adopted a budget with language
that calls for the Washington State Liquor Control Board to work with the Department of
Health and Department of Revenue to develop recommendations regarding the
interaction of medical marijuana regulations and the provisions of Initiative 502; and
WHEREAS, the Washington State Legislature has called for these recommen-
dations to be submitted to the appropriate legislative committees by January 1, 2014;
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. 2379 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 current moratorium
continued by Ordinance No. 2379 until a period at least 60 days after the close of the
2014 Legislative Session in order to investigate this issue further, obtain regulatory
clarity and guidance on how to proceed, 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 July 22, 2013 to hear testimony regarding
the City's moratorium.
Section 3. Duration. The moratorium renewed herein shall be in effect until May
31, 2014, 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:
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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 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 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.
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
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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 5-7 day of 1n5 c,, , 2013.
ATTEST /AUTHENTICATED:
Christy O'Fla erty, MMC, City Jerk Ji 4T ggerton,
APPROVED AS TO FORM BY:
12... d 04 IS
helley M. Kerslake, City ttorney
Filed with the City Clerk: ` -'1 j -- a
Passed by the City Council: - s'--1�
Published: —Y--x3
Effective Date: )4 -).3
Ordinance Number: '4 01/
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2404 -2405.
On August 5, 2013 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2404: 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. 2379; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2405: 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.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: August 8, 2013