HomeMy WebLinkAboutOrd 2405 - Moratorium on Marijuana Producers, Processors and Retailers (Repealed by Ord 2407)
Cover page to Ordinance 2405
The full text of the ordinance follows this cover page.
Ordinance 2405 was amended or repealed by the
following ordinances.
AMENDED BY: REPEALED BY:
2407
City of Tukwila
Washington
Ordinance No. 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.
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 Cj )- day of uc, ust- , 2013.
ATTEST /AUTHENTICATED:
c
Chris y O'Fla rty, MMC, City rk
Filed with the City Clerk: rJ -; ) -Li
APPROVED AS TO FORM BY: Passed by the City Council: - /-.i
Published:
ty Zvi ; -C-61/ Effective Date: 8 - / 3 -1
She ley M. Kers ake, City Attorney Ordinance Number: Li OS
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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