Chapter 5.12
MARIJUANA-RELATED BUSINESSES

Sections:

5.12.010    Purpose and intent.

5.12.020    Definitions.

5.12.030    Administration of licensing.

5.12.040    License required.

5.12.050    Eligibility for marijuana-related business license.

5.12.060    License application.

5.12.070    Issuance of license.

5.12.080    License term – Renewals.

5.12.090    Other licensing requirements.

5.12.100    Standards.

5.12.110    Inspections.

5.12.120    Hours of operation.

5.12.130    Appeals.

5.12.140    License revocation.

5.12.150    Nuisance declared.

5.12.160    Limitation of liability.

5.12.170    Violation – Penalty.

5.12.180    Additional enforcement.

5.12.010 Purpose and intent.

It is the purpose of this chapter to regulate marijuana-related businesses to promote the health, safety, and general welfare of the citizens of the city of Wenatchee and to establish reasonable and uniform regulations to prevent potential harmful effect on the residents of the city. The purpose of this chapter is to alleviate undesirable potential social problems that may accompany marijuana-related businesses, and to enact a licensing requirement to regulate such activities. (Ord. 2014-19 § 1)

5.12.020 Definitions.

The definitions set forth in RCW 69.50.101 and WAC 314-55-010 shall be and hereby are adopted and incorporated herein by this reference. The definition of “public park” shall be amended to include those areas of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a public utility district. The definition of “child care center” shall be amended to include an entity that regularly provides child day care early learning services for a group of children for periods of less than 24 hours licensed by the Washington State Department of Early Learning under Chapter 170-295 WAC and those entities that provide child day care and early learning services that are not licensed by the Washington State Department of Early Learning, but are licensed with a city business license.

In addition to the definitions contained in Chapter 69.50 RCW and Chapter 314-55 WAC adopted herein, the following definitions shall apply:

(1) “Marijuana-related business” means those businesses operating under a marijuana producer license issued pursuant to WAC 314-55-075, a marijuana processor license issued pursuant to WAC 314-55-077, and a marijuana retailer license issued pursuant to WAC 314-55-079; and

(2) “Place of worship” means any place or building primarily used for congregations gathering for religious practices. (Ord. 2014-19 § 1)

5.12.030 Administration of licensing.

The mayor is responsible for granting, denying, revoking, renewing, suspending, and canceling marijuana-related business licenses. (Ord. 2014-19 § 1)

5.12.040 License required.

No person or entity shall use any property or premises for a marijuana-related business within the city of Wenatchee except within those areas authorized for location of said businesses as set forth in the Wenatchee zoning code, and no marijuana-related business shall be established, operated or maintained in the city unless the owner or operator thereof has obtained a marijuana-related business license from the city. (Ord. 2014-19 § 1)

5.12.050 Eligibility for marijuana-related business license.

In order to be eligible for a marijuana-related business license, the applicant shall:

(1) Have a current state issued license as a marijuana producer, marijuana processor or marijuana retailer as provided for in Chapter 69.50 RCW and/or Chapter 314-55 WAC;

(2) Comply with all provisions of this chapter and other city code provisions as applicable;

(3) Not have had a marijuana-related business license revoked within 36 months prior to the date of application; and

(4) Be current in the payment of all city taxes, fees, fines or penalties assessed against him/her/it imposed in relation to any business. (Ord. 2014-19 § 1)

5.12.060 License application.

(1) Marijuana-Related Business. All applications for a marijuana-related business license within the city of Wenatchee shall be submitted in the name of the true person in interest proposing to conduct such marijuana-related business on the business premises. All applications for a marijuana-related business license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city which shall contain the following information:

(a) Name and address of applicant; and

(b) The name and location of the proposed marijuana-related business, including a legal description of the property, street address, and telephone number, if any, together with the name and address of each owner and lessee of the property.

(2) Application/Renewal Fees.

(a) New License. The application fee for a marijuana-related business license shall be $750.00. Upon approval of the application, the fee for issuing the license shall be twice the business license fee according to WCC 5.76.080 as now exists or as may hereafter be amended.

(b) Renewals. The application fee for renewal of a marijuana-related business license shall be $250.00. Upon approval of the application for renewal, the fee for renewal of the license shall be twice the business license fee according to WCC 5.76.080 as now exists or as may hereafter be amended.

(3) Processing Marijuana-Related Business License Applications.

(a) Upon receipt of the complete application, the city clerk shall provide copies to the police, fire, public works, community and economic development, and other applicable departments for their investigation and review to determine compliance of the proposed marijuana-related business with the laws and regulations which each department administers. Each department shall, within 45 days of the date of receipt of such application, report to the director whether such application and premises comply with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the department shall base their recommendation as to premises compliance on the review of the drawings submitted in the application. Any license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application and in compliance with this code as applicable. The department shall recommend denial of a license under this subsection if it finds that the proposed marijuana-related business is not in conformance with the requirements of any provision of any applicable statute, code, ordinance, regulation or other law in effect in the city. A recommendation for denial shall be in writing and cite the specific reason therefor, including applicable laws.

(b) Notice of a complete application shall be provided to all property owners as identified by the Chelan County assessor within 700 feet of the property lines of the premises no later than 15 days following receipt of a complete application. A 15-day comment period will be provided following notice of a complete application.

(c) A marijuana-related business license shall be issued by the clerk within 60 days of the date of filing a complete license application, unless the mayor determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection, or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. Upon request of the applicant, the mayor shall grant an extension of time up to but not to exceed 20 additional days in which to provide all information required for license application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.) If the mayor finds that the applicant has failed to meet any of the requirements for issuance of a marijuana-related business license, the mayor shall deny the application in writing, and shall cite, in writing, the specific reasons therefor, including applicable laws. If the mayor fails to issue or deny the license within the timeline prescribed in this section, the applicant shall be permitted, subject to all other applicable laws, to operate the business for which the license was sought until notified, in writing, by the mayor that the license has been denied. (Ord. 2014-19 § 1)

5.12.070 Issuance of license.

Upon completion of the investigation and review by the various city departments, a review of the recommendations and verifications, and a determination that all matters contained in the application are true and correct and that this chapter has been complied with, the mayor shall issue such license applied for in accordance with the provisions of this chapter. (Ord. 2014-19 § 1)

5.12.080 License term – Renewals.

(1) All licenses shall expire one year from the date of issuance.

(2) Application for renewal of licenses issued hereunder shall be made to the city clerk no later than 30 days prior to the expiration of a marijuana-related business license. The renewal license shall be issued in the same manner as for an original application under this chapter. All applicants for a license renewal shall present their current license for verification of identity, and upon issuance of a renewal license, shall surrender the expiring license to the city clerk.

(3) The mayor shall renew a license upon application unless the mayor is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal, and further provided that the application complies with all provisions of this chapter as now enacted or as the same may hereafter be amended. (Ord. 2014-19 § 1)

5.12.090 Other licensing requirements.

(1) No license issued pursuant to this chapter shall be assignable or transferable. For purposes of this chapter, “assignable” or “transferable” shall mean and include any of the following:

(a) The sale, lease or sublease of the business; or

(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

(c) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law.

(2) Name of Business and Place of Business. No person granted a license pursuant to this chapter shall operate the marijuana-related business under a name not specified in the license, nor shall he or she conduct business under any designation or location not specified in the license.

(3) License – Posting and Display. The marijuana-related business license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, and the address of the licensed marijuana-related business. The license shall be posted in a conspicuous place at or near the entrance to the licensed premises so that it can be easily read at any time the business is open.

(4) Inspection of Licenses. The licensee shall, upon request by any law enforcement officer or inspector of the city of Wenatchee, make available for inspection the license required to be on the premises as described herein. (Ord. 2014-19 § 1)

5.12.100 Standards.

(1) Signs. Marijuana retail, processing and production businesses shall be subject to the substantive requirements of Chapter 314-55 WAC and WCC Title 10, whichever is more restrictive. No off-premises signage is permitted.

(2) Odor. Marijuana businesses shall incorporate odor control technology and provisions to ensure that emissions and odors from marijuana cannot be detected by a person with a normal sense of smell from any adjoining use or property. Applicants shall provide a plan demonstrating use of best management technologies and proper sizing as a condition of this permit. The city may order the installation of additional odor control equipment as a condition of continuing operation under this permit.

(3) Facilities. A marijuana business must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.

(4) Codes. Permittees under this chapter are subject to all city codes including but not limited to building and fire codes as now exist or may be amended. Permittees producing and processing marijuana shall demonstrate protection against explosion in addition to safe chemical storage.

(5) Visibility. Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.

(6) Security. In addition to the security requirements in Chapter 315-55 WAC, during non-business hours, all recreational marijuana producers, processors, and retailers shall store all usable marijuana, marijuana-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For usable marijuana products that must be kept refrigerated or frozen, these products may be stored in a locked refrigerator or freezer container, provided the container is affixed to the building structure.

(7) Good Neighbor Provisions. Upon renewal of a permit, an addendum to the permit may be required to address problems causing a nuisance and/or negative impacts to neighboring properties. The addendum may include, but not be limited to, a plan and required actions to address identified negative impacts to neighboring properties.

(8) Location Restriction. A marijuana producer, retailer, or processor shall not be located within 1,000 feet of the following uses or any use included in Chapter 314-55 WAC now or as hereafter amended:

(a) Child day care.

(b) Place of worship.

(c) Park owned or managed by a public utility district.

(9) Location Restriction – Retailer. No marijuana retailer shall be located within 1,000 feet of any other marijuana retailer. (Ord. 2014-19 § 1)

5.12.110 Inspections.

In order to ensure compliance with this chapter, all areas of the licensed marijuana-related business which are open to members of the public shall be open to inspection by city agents and employees during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the licensed premises are operated in accordance with the requirements of this chapter. It is hereby expressly declared that unannounced inspections are necessary to ensure compliance with this chapter. (Ord. 2014-19 § 1)

5.12.120 Hours of operation.

It is unlawful for any retail marijuana-related business to be open to the public before 8:00 a.m. and after 8:00 p.m. (Ord. 2014-19 § 1)

5.12.130 Appeals.

(1) An appeal of an order granting, or denying, a license shall be filed with the city clerk within 14 calendar days after service of the order on the applicant or licensee and shall be heard by the hearing examiner in accordance with WCC 13.11.030 for review of such determination, which review shall be completed within 45 calendar days of the date of receipt of the notice of appeal. Appeals shall be subject to an administrative appeal fee in accordance with WCC 1.99.010.

(2) Decisions of the hearing examiner may be appealed to the Chelan County superior court. Notice of appeals shall be filed and served on all necessary parties within 21 calendar days of the date of decision. Notice of the appeal and any other pleadings required to be filed with the court to initiate the appeal shall be served on the parties within the applicable time period. The appeal shall be a closed record appeal based on the administrative record.

(3) If a timely appeal is filed pursuant to this chapter, any order of revocation or suspension shall be stayed pending the appeal process. (Ord. 2014-19 § 1)

5.12.140 License revocation.

The city may revoke the applicant’s license for noncompliance with this chapter and any other applicable city codes in accordance with WCC Title 16. (Ord. 2014-19 § 1)

5.12.150 Nuisance declared.

Any marijuana-related business operated, conducted, or maintained in violation of this chapter or any law of the city of Wenatchee 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 marijuana-related business contrary to the provisions of this chapter. (Ord. 2014-19 § 1)

5.12.160 Limitation of liability.

None of the provisions of this chapter are intended to create a cause of action or provide the basis for a claim against the city, its officials or employees for the performance or the failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 2014-19 § 1)

5.12.170 Violation – Penalty.

In addition to other remedies provided for in this chapter, any violation of the provisions of this chapter shall constitute a misdemeanor, and any person convicted thereof shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 2014-19 § 1)

5.12.180 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. 2014-19 § 1)