Chapter 5.18
COLLECTIVE GARDEN SAFETY LICENSES
Sections:
5.18.010 Definitions.
5.18.020 Collective garden safety license required.
5.18.030 Application procedure.
5.18.040 License application form.
5.18.050 Term of license.
5.18.060 Fees.
5.18.070 Background check.
5.18.080 Security and other permit requirements.
5.18.090 Ineligible activities.
5.18.100 Revocation or suspension of license – Grounds.
5.18.110 Appeals.
5.18.120 Penalty.
5.18.010 Definitions.
A. “Person” means 1 or more natural persons of either sex, corporations, partnerships, associations or other entities capable of having an action at law brought against such entity, but shall not include employees of persons licensed pursuant to this chapter.
B. “Collective garden” means the growing, production, processing, and/or delivery of cannabis for medical use by up to 10 collective members as set forth in Chapter 69.51A RCW and subject to the limitations therein and in this chapter. Each collective garden shall have no more than 45 plants and 24 ounces of usable cannabis per patient, up to a maximum of 72 ounces of usable cannabis on site. As used herein any constituent part of a collective garden shall be considered as a collective garden. (Ord. 2633 § 3, 2011).
5.18.020 Collective garden safety license required.
It is unlawful for any person to conduct, operate, or engage in a collective garden in the City unless the person is a member of the collective garden and unless the collective garden has first obtained a currently valid collective garden safety license from the City. No more than 1 collective garden may operate on a single premises.
Nothing in this chapter shall exempt any person or collective garden from complying with the requirements to obtain a business license for engaging in business in the City of Issaquah as set forth in IMC 5.02.020, and to report and/or pay all applicable taxes and fees. (Ord. 2633 § 3, 2011).
5.18.030 Application procedure.
A. Applicants for a license under this chapter must file with the Planning Director/Manager an application in writing on a form to be furnished by the Planning Department.
B. All applicants, who must be a member of the collective garden, must supply the following information:
1. Name, date of birth, valid driver’s license(s);
2. Name, physical address, mailing address, and phone number of the collective garden;
3. Whether or not the applicant(s) has ever been convicted of a crime related to the drug laws, and if so, the details thereof;
4. Fingerprints for a background check; see IMC 5.18.070, Background check;
5. File number of an administrative site development permit (ASDP) application for the collective garden;
6. Any other information as may be required by the Planning Director/Manager, or his/her designee.
C. Application for a collective garden license shall be accompanied by the proper fee.
D. The Planning Director/Manager shall approve or deny the license. If an application is denied by the Planning Director/Manager, the reason for denial shall be stated.
E. Neither the filing of an application for a license, or the renewal thereof, nor the payment of any application or renewal fee, shall authorize a person to engage in or conduct a collective garden until such license has been granted or renewed. (Ord. 2633 § 3, 2011).
5.18.040 License application form.
The collective garden safety license application shall contain the provision that additional permits or licenses may be necessary before the collective garden can commence operation. (Ord. 2633 § 3, 2011).
5.18.050 Term of license.
A collective garden safety license shall be valid for 1 year from the date of issuance. (Ord. 2633 § 3, 2011).
5.18.060 Fees.
A. The fee for each license required by this chapter shall be $350.00. The fee for renewal of the license shall be $140.00 per year.
B. Any person required to have or obtain a collective garden safety license who fails to obtain and pay the license fees within 30 days of notice, in addition to any other penalties provided in this chapter, shall be assessed a $25.00 late fee. (Ord. 2633 § 3, 2011).
5.18.070 Background check.
A. Pursuant to Chapter 35.21 RCW, an applicant applying for collective garden safety license shall submit fingerprints and appropriate fees as established by the Issaquah Police Department to the City. The City will submit the prints to the Washington State Patrol and the Federal Bureau of Investigation. Upon receipt of the fingerprints and the appropriate nonrefundable fees, the Washington State Patrol will compare the subject’s fingerprints against its criminal database and submit the fingerprints to the Federal Bureau of Investigation for a comparison with nationwide records. The results of the Washington State Patrol and Federal Bureau of Investigation’s check will be returned to the City. Upon receipt of the results, the City will decide whether the applicant has had a felony conviction within the past 10 years for an offense directly related to the permit request for a collective garden.
An applicant subject to the above fingerprint-based background check may request and receive a copy of the results of the background check from the City. Should he/she seek to amend or correct his/her record, he/she must contact the Washington State Patrol for a Washington State record or the Federal Bureau of Investigation for records from other jurisdictions maintained in its file.
B. The Planning Director/Manager shall deny a license if the state or federal fingerprint-based background check shows that the applicant(s) has been convicted of a felony related to drug laws within the past 10 years. (Ord. 2638 § 2, 2011; Ord. 2633 § 3, 2011).
5.18.080 Security and other permit requirements.
Prior to issuance of a license under this chapter, a collective garden shall:
A. Have installed an operational security alarm system that is monitored 24 hours a day.
B. Have installed an operational security camera system which retains recordings from all installed cameras for a period of not less than 60 days.
C. Have approval of any required additional permits such as, but not limited to, an administrative site development permit, building permit and other construction permits, and show compliance with conditions of approval. (Ord. 2633 § 3, 2011).
5.18.090 Ineligible activities.
The granting of a collective garden safety license shall not be construed as the City’s authorization of any person to engage in any activity prohibited by federal, State or local law or regulation. (Ord. 2633 § 3, 2011).
5.18.100 Revocation or suspension of license – Grounds.
The Planning Director/Manager, or his/her designee, may, at any time, suspend or revoke any license issued under the provisions of this chapter whenever the licensee, or any officer, employee or partner thereof:
A. Has violated any State or City statute, law, regulation or ordinance upon the collective garden premises stated in the license or in connection with the collective garden stated in the license, whether or not the licensee, or officer or partner thereof, has been convicted in any court of competent jurisdiction of such violation; or
B. Has maintained or permitted the collective garden stated in the license to be conducted, engaged in or operated in such manner as to constitute a public nuisance or in violation of any City regulation; or
C. Has been convicted of a felony related to drug laws within the past 10 years; or
D. Has made any material false statement or representation in connection with obtaining the license. (Ord. 2633 § 3, 2011).
5.18.110 Appeals.
Appeals from any denial, revocation, or suspension shall follow the procedures in IMC 5.02.100. (Ord. 2633 § 3, 2011).
5.18.120 Penalty.
Any person violating any of the provisions of this chapter shall be guilty of a civil infraction and, upon conviction, shall be punished in accordance with the provisions set forth in IMC 1.36.030(A). As to violations of IMC 5.18.020, Collective garden safety license required, the Code Enforcement Officer and the City Prosecuting Attorney shall have the discretion, pursuant to IMC 1.36.030(C), to file such violations as civil infractions or criminal misdemeanors. With respect to any fine imposed upon conviction of either a civil infraction or a criminal misdemeanor, $250.00 of the fine shall not be suspended or deferred. (Ord. 2633 § 3, 2011).