Chapter 5.10
MARIJUANA-RELATED USES
Sections:
5.10.020 Marijuana-related uses—Generally.
5.10.030 Marijuana producers, processors and cooperatives.
5.10.050 Sensitive use buffers.
5.10.010 Definitions.
All terms shall have meanings established pursuant to RCW 69.50.101. (Ord. 1013 § 3 (part), 2018)
5.10.020 Marijuana-related uses—Generally.
A. The production, processing, and retailing of marijuana is and remains illegal under federal law. Nothing in this chapter is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law.
B. This chapter incorporates the requirements and procedures set forth in Chapter 69.50 RCW and Chapter 314-55 WAC. Except as otherwise specifically provided herein, in the event of any conflict between the provisions of this chapter and the provisions of Chapter 69.50 RCW or Chapter 314-55 WAC, the more restrictive provision shall control.
C. The regulations under Chapter 69.50 RCW and Chapter 314-55 WAC, now or as may hereafter be amended, shall apply to any marijuana retail outlet in addition to the provisions of this chapter.
D. Only a marijuana retailer licensed by the Washington State Liquor and Cannabis Board may locate in the city and then only pursuant to the license issued by the Washington State Liquor and Cannabis Board and the Ocean Shores Municipal Code (OSMC).
E. A marijuana retailer is required to acquire all additional necessary business licenses and permits, and comply with all other applicable OSMC.
F. The city may, prior to issuance of any license or permit, perform an inspection of the proposed premises to determine compliance with any applicable requirements of this chapter and all other applicable city ordinances and regulations.
(Ord. 1013 § 3 (part), 2018)
5.10.030 Marijuana producers, processors and cooperatives.
Marijuana producers, marijuana processors and marijuana cooperatives, even if licensed by the Washington State Liquor and Cannabis Board, shall not be permitted to operate within the city limits. Nor shall marijuana producers, marijuana processors, or marijuana cooperatives operate as an accessory to a primary use or as a home occupation. (Ord. 1013 § 3 (part), 2018)
5.10.040 Marijuana retailers.
The city shall have no more than one marijuana retailer within the city limits. The marijuana retailer must be licensed by the Washington State Liquor and Cannabis Board and is permitted to operate only in the B-1 zones as provided in Chapter 17.34, subject to the requirements and other general provisions as set forth in this title and Chapter 17.34.
A. The marijuana retailer shall not operate as an accessory to a primary use or as a home occupation.
B. No person or business or entity may operate a marijuana delivery service in the city of Ocean Shores or make deliveries in the city of Ocean Shores.
C. Any marijuana odor shall be contained within the marijuana retail outlet so that the odor of marijuana cannot be detected from any abutting use or property by a person with a normal sense of smell. If any marijuana odor can be smelled from any abutting use or property, the marijuana retailer shall be required to implement measures necessary to contain the odor, including, but not limited to, installation of ventilation equipment. If any marijuana odor can still be smelled from any abutting use or property, the marijuana retailer may be fined a daily fine and required by the city to move to another location.
D. Marijuana or paraphernalia shall not be on display in any location visible from the public right-of-way, publicly traveled private roads, a public place, or neighbor’s property.
(Ord. 1013 § 3 (part), 2018)
5.10.050 Sensitive use buffers.
A. The marijuana retailer or marijuana retail outlet shall not locate or relocate within one thousand feet of certain land uses as defined in RCW 69.50.331(8)(a) and (b).
B. The city recognizes and claims its future right to further reduce the distance from some land uses as are now provided under RCW 69.50.331(8)(b) or as hereafter may be amended.
C. Uses as defined in RCW 69.50.331(8)(a) and (b) may not locate or relocate within one thousand feet of marijuana retailer or marijuana retail outlet.
D. The buffer restrictions in subsections (A) through (C) of this section shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel upon which the restricted land use as defined in RCW 69.50.331(8)(a) and (b) is located.
(Ord. 1013 § 3 (part), 2018)
5.10.060 Violations—Penalty.
A. Any violation of this chapter is declared to be a public nuisance per se and, in addition to any other remedy provided by law or equity, may be abated by the city under applicable provisions of this code or state law.
B. No person or entity may violate or fail to comply with any provision of this chapter. Each person or entity commits a separate offense for each and every day they commit, continue, or permit a violation of any provision of this chapter.
C. No use that constitutes or purports to be a marijuana retailer as defined in this title, not licensed by the city, that was engaged in that activity prior to the enactment of the ordinance codified in this chapter shall be deemed to have been a legally established use under the provisions of the Ocean Shores Municipal Code and that use shall not be entitled to claim legal nonconforming use status.
(Ord. 1013 § 3 (part), 2018)