4-1-250 MARIJUANA REGULATIONS:

A. PURPOSE:

The City of Renton, in an effort to comply with state law, has adopted marijuana laws that are intended to be consistent with Chapter 69.50 RCW, Uniform Controlled Substances Act, and Chapter 69.51A RCW, Medical Cannabis, as they exist or may be amended. (Ord. 5816, 10-3-2016)

B. AUTHORITY:

The City of Renton derives its authority to act on marijuana use, production, processing, sales, and cooperatives within its jurisdiction from Washington State Constitution Article XI, Section 11, Police and Sanitary Regulations; Chapters 69.50 and 69.51A RCW, as they exist or may be amended; its authority to regulate zoning within its jurisdiction; and any and all other authority granted to Renton by the State Legislature and the Washington State Liquor and Cannabis Board. (Ord. 5816, 10-3-2016)

C.. COOPERATIVES AND TRANSPORTERS:

Marijuana cooperatives are not allowed in the City and marijuana transporters shall not be licensed in the City. (Ord. 5816, 10-3-2016)

D. BUSINESS REGULATION:

By accepting a license issued pursuant to this chapter and/or Chapter 5-5 RMC, Business Licenses, as they exist or may be amended, a licensee, jointly and severally, if more than one, agrees to indemnify and defend the City, its officers, elected officials, employees, attorneys, agents, insurers, and self-insurance pool, if any, against all liability, claims and demands, on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the operation of the marijuana-related business that is the subject of the license. The licensee further agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at its expense, and to bear all other costs and expenses related thereto, including court costs and attorney fees. The Finance Administrator may require a licensee to execute a written instrument confirming the provisions of this chapter. (Ord. 5816, 10-3-2016)

E. LICENSE REQUIREMENT:

All business licenses related to marijuana shall contain language that substantially conforms to the following:

1. Renton shall not be responsible or liable for any claim, defense, or anything related to the operation of a marijuana-related business activity.

2. By signing the business license application, the licensee accepts, agrees and acknowledges that it shall not have any claim against Renton related to any claim, defense, or loss related to the operation of a marijuana-related business activity, and that the applicant shall hold Renton absolutely harmless for any such claim, defense or loss. This Section shall govern the licensee’s responsibilities in the event of a claim, defense, or loss related to the operation of a marijuana-related business activity.

3. By signing the business license application, the licensee accepts, agrees and acknowledges that under federal law, and more specifically the Supremacy Clause of the United States Constitution, Article VI, Paragraph 2, federal law generally takes precedence over Washington State laws, and even the Washington State Constitution.

4. Based on the supremacy clause and federal law in general, the applicant may still be subject to arrest, prosecution, imprisonment, and/or fines for violating federal law, Renton shall have no duty, responsibility, or liability based on any of those events, and that Renton may be the entity to arrest, prosecute, imprison or fine the applicant. (Ord. 5816, 10-3-2016)

F.. PROCEDURE FOR OBTAINING CITY LICENSE FOR MARIJUANA USE:

1. Any marijuana retailer, producer, or processor must obtain and maintain a valid Washington State Liquor and Cannabis Board license or endorsement to sell, produce or process marijuana in the City of Renton at the State approved location.

2. Upon timely obtaining a marijuana license or endorsement from the State and complying with the City Zoning Code and other applicable City codes, and upon application and payment of all appropriate taxes and/or fees, a City business license may be issued. (Ord. 5767, 9-21-2015; Ord. 5816, 10-3-2016)

G.. LOCATION:

1. Marijuana zoning can be found in RMC 4-2-060.

2. As defined and measured in WAC 314-55 and as authorized under RCW 59.50.331, marijuana retailers, producers, and processors shall not be located within one thousand feet (1,000') of any child care center, elementary or secondary school, game arcade, library, playground, public park, public transit center, or recreation center or facility. (Ord. 5816, 10-3-2016)

H. MAXIMUM NUMBER OF MARIJUANA RETAIL LICENSES:

The City will issue no more than five (5) business licenses to marijuana retailers. The licenses shall be issued to the first five (5) applicants that hold valid licenses from the Washington State Liquor and Cannabis Board and comply with City zoning and development requirements. The date applications are received by the City shall be used for the purpose of determining order. (Ord. 5707, 3-24-2014; Ord. 5767, 9-21-2015; Ord. 5816, 10-3-2016)