Chapter 8.40
RECREATIONAL MARIJUANA1
Sections:
8.40.030 Recreational marijuana permit.
8.40.050 Violation a misdemeanor.
8.40.070 Additional enforcement.
8.40.010 Purpose.
The purpose of this chapter is to enact regulations relating to recreational marijuana as established by Initiative 502 and rules and regulations established by the Washington Liquor Control Board, Chapter 314-55 WAC. This chapter has three purposes: (1) to protect the citizens from fraud, crime and unfair, deceptive or dishonest practices by persons engaged in or those that are a party to the production of recreational marijuana; (2) to protect the residents of the city from unwanted intrusions on the privacy of their homes or businesses; and (3) to protect the health, safety, aesthetics, and general welfare of the city and its residents. (Ord. 1356 § 1, 2014)
8.40.020 Definitions.
All definitions contained within Chapters 69.50 and 69.51A RCW now or as amended are hereby incorporated and supplement definitions contained herein. Current ordinance definitions are derived from state law and shall be construed and applied in accordance with state law. In the event state law is amended with respect to such definitions, this chapter shall be construed and applied in accordance with the amended state law provisions. As used in this chapter, the following terms have the meanings set forth below:
A. “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. For the purposes of this chapter, “marijuana” 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. The term “marijuana” includes marijuana-infused products and useable marijuana.
B. “Marijuana-infused products” means products that contain marijuana or marijuana extracts, and have a THC concentration greater than 0.3 percent and no greater than 60 percent, and are intended for human consumption or application, including, but not limited to, edible products, tinctures, and lotions. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates. The definition of “marijuana-infused products” as a measurement of THC concentration only applies to the provisions of this chapter and shall not be considered applicable to any criminal laws related to marijuana.
C. “Marijuana licensee” means a person or entity duly licensed by the state of Washington to process, produce or retail marijuana for recreational purposes as set forth in Chapter 314-55 WAC.
D. “Marijuana processor” means a person or entity licensed by the state of Washington Liquor Control Board to process marijuana info, 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.
E. “Marijuana producer” means a person or entity licensed by the state of Washington Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
F. “Marijuana retailer” means a person or entity licensed by the state of Washington Liquor Control Board to sell useable marijuana and marijuana-infused products in a retail outlet and marijuana paraphernalia at retail in retail outlets to persons 21 years of age and older.
G. “Recreational marijuana establishment” shall mean any business established and licensed by state of Washington Liquor Control Board as authorized marijuana producer, marijuana processor or marijuana retailer. (Ord. 1356 § 1, 2014)
8.40.030 Recreational marijuana permit.
A. Recreational Marijuana Permit Required. In order to locate and operate a recreational marijuana establishment, the owner of the property shall submit and obtain approval from the city for a recreational marijuana permit. The applicant shall submit a complete application (as described in subsection (G) of this section), and compliance with requirements and conditions set forth herein.
B. Location and Distance Restrictions.
1. A recreational marijuana establishment (process, produce or retail) shall not be located in any zone except commercial-tourist (C-T) zones;
2. No production, processing or sale of marijuana or marijuana-infused products shall be permitted outdoors. All production, processing or sale shall occur indoors;
3. No recreational marijuana establishment(s) shall be located within 1,000 feet of schools, daycare centers, public facilities (e.g., parks, municipal buildings, community center), or churches, as measured from edge of property line to edge of property line;
4. A recreational marijuana establishment shall not be located on any site where the marijuana plants are visible from a public place;
5. A recreational marijuana establishment shall not be located within 2,000 feet of another recreational marijuana establishment unless they are under common ownership;
6. A recreational marijuana establishment shall not be located within 3,000 feet of a residential treatment facility or any facility for drug and/or alcohol dependency.
C. Operating Standards. The following restrictions apply to the operation of a recreational marijuana establishment:
1. Odor. The operation of a recreational marijuana establishment, including the cultivation of marijuana/cannabis, shall not subject neighboring parcels to objectionable odors.
2. Lighting. Any and all lights used for the production or processing of marijuana shall be shielded and downcast or otherwise positioned in a manner that will not allow light glare beyond the internal boundaries of the structure.
3. Noise. The operation of a recreational marijuana establishment shall not generate noise that violates applicable adopted noise standards of the city of Zillah.
4. Signage. Signage requirements shall comply with all city of Zillah regulations.
5. Exterior Appearance. The recreational marijuana establishment shall be located within a fully enclosed and secure structure.
6. Security. Security measures at the recreational marijuana establishment shall include, at a minimum, the following:
a. Robbery and burglary alarm systems (including motion sensors) which are professionally monitored and maintained in good working condition;
b. Exterior lighting that illuminates all exterior entrances/exits;
c. Deadbolt locks on all exterior doors with all facility and storage areas locked at all times during non-business hours; and
d. Windows and roof hatches secured with bars on the windows so as to prevent unauthorized entry, and be equipped with latches that may be released quickly from the inside to allow exit in the event of an emergency.
7. Fire Suppression. A fire suppression system or fire monitoring system shall be installed and maintained in the facility that is sufficient to ensure the safety of customers and employees, and protect the facility, as well as nearby structures.
D. On-Site Sales of Paraphernalia. Any and all sales of paraphernalia for the user consumption of marijuana or marijuana-infused products shall be in compliance with all local, state, and federal laws applicable to such sales and products.
E. Nuisance. Nothing in this section (or in this chapter) shall be construed as a limitation on the city’s authority to abate any violation or public nuisance that may exist as a result of the operation of the recreational marijuana establishment.
F. Ownership and Limitation on Numbers. No more than one recreational marijuana establishment shall be located on a legal parcel of land, and the parcel must be owned or leased to a person or entity possessing a marijuana license issued by the state of Washington Liquor Control Board. Recreational marijuana establishments requesting authority to locate on rented property shall provide written permission and authorization from the legal property owner of record including a contact address and phone number to verify permission. Each recreational marijuana establishment must maintain records. If ownership of the parcel or the lease agreement changes, the recreational marijuana establishment has 10 working days from the date of the change to notify the city and provide required documentation. All notices must be sent via certified registered mail.
G. Recreational Marijuana Establishment Application. An application for a recreational marijuana establishment permit shall consist of the following:
1. The name and address of all marijuana licensees applying for the permit.
2. A copy of the license from the Washington State Liquor Control Board.
3. A statement acknowledging that the permit is issued in conformance with the laws of the city of Zillah and the state of Washington and that such issuance does not confer upon the recreational marijuana establishment immunity from prosecution under federal law.
4. A statement acknowledging that the permit is issued in conformance with the laws of the city of Zillah and the state of Washington and that such permit is nontransferable without a separate or new application, review and approval of proposed assignee or transferee.
5. The identification of the parcel where the recreational marijuana establishment will be located, by street address, tax parcel number and legal description (if necessary). Applicant shall also identify applicable zoning for the parcel.
6. Application shall be signed by the owner of the property, or the owner’s authorized agent. An authorized agent shall provide written proof of such authorization to sign the application on behalf of the property owner (i.e., notarized authorization letter and a copy of the property owner’s photo ID).
7. Application shall describe and locate the facility and/or any storage areas (which must be locked); light sources and measures to minimize glare to adjoining properties; procedures to minimize and/or eliminate sound and odors from the facility; and all proposed security measures for the facility.
8. A statement acknowledging that the permit is not valid and effective until all requirements and inspections have been completed and facility approved. Product, plants, or evidence of processing prior to issuance of permit may constitute a violation under this chapter and ban further applications from applicant or property owner.
9. A description of the proposed source of power, if any, for the recreational marijuana establishment, the size of any such electrical service or system, and the total demand to be placed on the system by all proposed uses on site. The statement shall be forwarded to the Washington State Department of Labor and Industries for electrical permit review. The intent is to ensure sufficient electrical system exists to accommodate the new demand.
10. A statement acknowledging that the permit applied for does not allow customers to consume useable marijuana and/or marijuana products in public places (in or near to the facility). Failure to abide by this chapter may constitute a violation under this chapter. Any permit issued may be revoked.
11. A statement acknowledging that the permit applied for does grant right of entry on the facility allowing the code enforcement officer and/or police department to inspect the facility at any time within reason.
12. One reproducible copy (eight and one-half inches by 11 inches or 11 inches by 17 inches) or seven oversized copies of a floor plan showing the following information:
a. All property lines, labeled with dimensions;
b. All existing structures;
c. Lighting type and location of fixtures;
d. Doors. Show all door locations, fire rating (if applicable), and direction of swing, self-closing mechanism, required exit signage and lighting, etc.;
e. Ventilation equipment and fixtures.
13. Issuance of Recreational Marijuana License. Upon final approval of the application for a recreational marijuana license, the city shall issue such license that is subject to payment of a $2,500 permit fee due every two years.
H. Recreational Marijuana License Permit Procedure – Appeals.
1. Upon receipt of a complete application, the code enforcement official or their designee shall schedule with the applicant an inspection or inspections of the premises to ensure compliance with this chapter. If the applicant is in compliance with this chapter and all applicable laws, the police chief or their designee shall issue a recreational marijuana license.
2. Appeal of the police chief’s decision must be submitted to the city clerk in writing no later than 10 business days following the police chief’s decision.
3. Administrative appeals shall be processed and conducted before the Zillah city council.
a. Hearing by City Council. The city council shall conduct a hearing on the denial/suspension/revocation within 30 days following the filing of the appeal. The city council shall accept testimony, exhibits, and argument on the appeal and shall issue a written decision.
b. Notice of Decision. The city council shall mail written notice of the decision to the applicant at the last address provided by the applicant.
c. City Council Decision – Appeal. The decision of the city council shall be final, and appealable to the appropriate courts. Such appeal must be served on the city and filed with the appropriate court within 10 days of the mailing of the decision to the applicant. (Ord. 1356 § 1, 2014)
8.40.040 Enforcement.
The fire chief/building official/code enforcement or designee, and police chief or designee shall all have the authority to enforce the provisions of this chapter and terms/conditions of an issued recreational marijuana license. Police chief and fire chief/building official/code enforcement are authorized to immediately enforce terms and conditions of a recreational marijuana license including immediate revocation in the case of license or legal violations. (Ord. 1356 § 1, 2014)
8.40.050 Violation a misdemeanor.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor. Each violation shall be punishable, as fixed by court, by a fine or by imprisonment, or by both such fine and imprisonment. (Ord. 1356 § 1, 2014)
8.40.060 Nuisance declared.
A. Public Nuisance. Any recreational marijuana establishment operated or maintained in violation of this chapter or any law of the city of Zillah or the state of Washington shall be, and the same is, declared to be unlawful and a public nuisance. The city attorney may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from operating, conducting or maintaining a recreational marijuana establishment contrary to the provisions of this chapter. (Ord. 1356 § 1, 2014)
8.40.070 Additional enforcement.
The remedies found in this chapter are not exclusive, and the city may seek any other legal or equitable relief, including but not limited to enjoining any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations herein adopted. (Ord. 1356 § 1, 2014)
Code reviser’s note: Section 7 of Ordinance 1356 provides: “Until such time that a Recreational Marijuana establishment meets all applicable legal and ordinance provisions, Section 1 of this ordinance shall not be enforced.”