Chapter 16.50
MARIJUANA BUSINESSES
Sections:
16.50.030 Marijuana retailers prohibited.
16.50.040 Marijuana producers and/or processors permitted – Restrictions.
16.50.060 Specific regulations.
16.50.070 No city liability – Indemnification.
16.50.080 Enforcement of violations.
16.50.010 Purpose and intent.
The purpose of this chapter is to establish zoning regulations that provide for marijuana businesses allowed under a voter-approved statewide initiative (Initiative 502), now codified in RCW Title 69, and subject to requirements of Chapter 314-55 WAC. (Ord. 1244-16 § 3 (Exh. A))
16.50.020 Definitions.
The definitions contained in WAC 314-55-010 and RCW 69.50.101, as currently enacted or as subsequently amended, are hereby adopted by reference, and shall apply to the provisions of this chapter. (Ord. 1244-16 § 3 (Exh. A))
16.50.030 Marijuana retailers prohibited.
Marijuana retailers, as defined in RCW 69.50.101(aa), are prohibited. Marijuana retailers shall not be located in any zone or on any property in the city of Sultan. (Ord. 1244-16 § 3 (Exh. A))
16.50.040 Marijuana producers and/or processors permitted – Restrictions.
Marijuana producers, as defined in RCW 69.50.101(y), and marijuana processors, as defined in RCW 69.50.101(x), are permitted within the city of Sultan subject to the location restrictions and other specific regulations of this chapter. (Ord. 1244-16 § 3 (Exh. A))
16.50.050 Locations.
A. A marijuana business shall not be located within 1,000 feet of the perimeter of the grounds of any of the following entities:
1. Elementary or secondary school;
2. Playground;
3. Recreation center or facility;
4. Child care center;
5. Park;
6. Transit center;
7. Library; or
8. Game arcade where admission is not restricted to persons age 21 and older.
B. For purposes of subsection (A) of this section, the distance shall be measured as the shortest straight line distance from the property line of each entity identified in subsection (A) of this section to the property line of the marijuana business.
C. Marijuana producers and marijuana processors are allowed only in the following areas:
1. The manufacturing zone (SMC 16.12.070) subject to the location limitations of subsections (A) and (B) of this section.
D. Marijuana businesses are not permitted as a home occupation under Chapter 16.38 SMC and shall not operate at a residence as defined in this chapter.
E. The owner and/or operator of a marijuana business is responsible for documentation that the proposed location meets the requirements of WAC 314-55-050 and this section.
F. Any site, building, or location upon which a marijuana business has been located without completing all of the requirements of this code is not authorized or legal. No claim of validity as a nonconforming use or other claim of vested property right for such use will be honored. (Ord. 1244-16 § 3 (Exh. A))
16.50.060 Specific regulations.
A. To operate within the city, each marijuana business is required to have a valid and current business license issued by Washington State under the provisions of Chapter 314-55 WAC and a current business license issued by the city under the provisions of Chapter 5.04 SMC.
B. Marijuana businesses are subject to the signage requirements of WAC 314-55-155 and Chapter 22.06 SMC, whichever is more restrictive. No off-premises signage is allowed.
C. Marijuana business operations must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.
D. Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.
E. Marijuana producers and processors shall not allow odors to migrate beyond the interior of the structure where said production and/or processing is conducted.
F. Marijuana businesses are subject to all applicable requirements of the Sultan Municipal Code including but not limited to the building codes (Chapters 15.01 and 15.06 SMC), the fire code (Chapter 15.01 SMC), and environmental regulations (SMC Title 17) as now exist or as may be amended.
G. Marijuana businesses are subject to all applicable requirements of RCW Titles 69 and 69A, and Chapter 314-55 WAC and other state statutes, as they now exist or as may be amended.
H. Nothing in this code is intended or should be considered as a limitation on the city from protesting the granting or renewal of a state-issued marijuana license. (Ord. 1244-16 § 3 (Exh. A))
16.50.070 No city liability – Indemnification.
A. By accepting a permit issued pursuant to this chapter, the licensee waives and releases the city, its officers, elected officials, employees, volunteers and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of business owners, operators, employees, clients or customers for a violation of federal, state or local laws and regulations.
B. By accepting a permit issued pursuant to this chapter, all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the city, its officers, elected officials, employees, volunteers and agents, insurers and self-insurance pool against all liability, claims and demands on account of any 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 arising out of or in any manner connected with the operation of the recreational marijuana business that is the subject of the license. (Ord. 1244-16 § 3 (Exh. A))
16.50.080 Enforcement of violations.
Violations of this chapter shall be subject to enforcement action as provided in Chapters 1.10 and 8.04 SMC, or, as applicable, the Uniform Controlled Substances Act (Chapter 69.50 RCW) and the Cannabis Patient Protection Act and Chapter 69.51A RCW. In addition, violations of this chapter are deemed to be a public nuisance and may be abated under the procedures set forth in state law for the abatement of public nuisances. (Ord. 1244-16 § 3 (Exh. A))