Chapter 20.64
MARIJUANA RELATED USES
Sections:
20.64.010 Findings, purpose, and intent.
20.64.040 Allowed in identified zones.
20.64.060 Signs and advertising.
20.64.070 Report of disturbance and unlawful activity.
20.64.080 Visibility of activities – Control of emissions.
20.64.010 Findings, purpose, and intent.
(1) In November 2012, Washington voters passed Initiative 502, which established precedent for the production, processing and retail sale of marijuana for recreational purposes. Pursuant to Chapter 69.50 RCW, the state has adopted rules establishing a state-wide regulatory and licensing program for marijuana uses (Chapter 315-55 WAC). It is therefore desirable for the city to establish local regulations to address such uses.
(2) In April 2015, the Washington State Legislature amended the statutory definitions relating to medical marijuana in RCW 69.51A.010, and also eliminated the regulations applicable to “collective gardens” and adopted provisions allowing medical marijuana “cooperatives” effective July 1, 2016.
(3) The purpose of these regulations is to establish where recreational marijuana producers, processors and retail outlets and medical marijuana cooperatives may locate in the city, and to describe the restrictions upon such uses.
(4) These regulations are intended to ensure that state-licensed marijuana uses are located and developed in a manner that is consistent with the desired character and standards of the city of Port Orchard, minimizes potential incompatibilities and impacts, and protects the public health, safety, and general welfare of the citizens of Port Orchard.
(5) No part of this chapter is intended to or shall be deemed to circumvent federal law, or provide permission to any person or entity to violate federal law, including but not limited to the Controlled Substances Act, 21 U.S.C. Section 800 et seq., the Uniform Controlled Substances Act (Chapter 69.50 RCW), nor to otherwise permit any activity that is prohibited under either Act, or any other local, state or federal law, statute, rule or regulation. Nothing in this chapter shall be construed to supersede Washington State law prohibiting the acquisition, possession, manufacture, sale or use of marijuana in any manner not authorized by Chapter 69.50 or 69.51A RCW. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or that creates a nuisance, as defined herein.
(6) This chapter incorporates certain 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. (Ord. 019-17 § 18 (Exh. 1)).
20.64.020 Applicability.
(1) The provisions of this chapter shall apply city-wide. The specific development standards provided herein shall be in addition to the land use and development regulations generally applicable to the proposed use and the relevant zoning district.
(2) The regulations under Chapter 69.50 RCW and Chapter 314-55 WAC, now or as may hereafter be amended, shall apply to all marijuana businesses and medical marijuana cooperatives, as applicable, in addition to the provisions of this chapter.
(3) No person or use that purports to be a marijuana producer, processor, or retailer, or a medical marijuana collective garden, as defined and regulated herein and in Chapters 69.50 and 69.51A RCW and Chapter 314-55 WAC, that was engaged in that activity prior to the enactment of this chapter shall be deemed to have been a legally established use or entitled to claim legal nonconforming status.
(4) 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. 019-17 § 18 (Exh. 1)).
20.64.030 Location criteria.
(1) No marijuana business or medical marijuana cooperative may locate within 1,000 feet of any of the following:
(a) Elementary or secondary school;
(b) Playground;
(c) Recreation center or facility;
(d) Child care center;
(e) Public park;
(f) Public transit center;
(g) Library; or
(h) Any game arcade (where admission is not restricted to persons age 21 or older).
(2) The methodology for measuring the buffers described above shall be as provided in WAC 314-55-050.
(3) It shall be the responsibility of the owner or operator of the proposed state-licensed marijuana use to demonstrate and ensure that a proposed location is not within one of the buffers outlined above.
(4) No marijuana business may locate within any residentially zoned district or within any residential unit in the city.
(5) No medical marijuana cooperative may be located within one mile of a marijuana retail outlet. (Ord. 019-17 § 18 (Exh. 1)).
20.64.040 Allowed in identified zones.
(1) Marijuana businesses, including production, processing and retail, shall only be allowed in those zoning districts where it is specifically identified as a permitted use.
(2) Marijuana retail outlets shall not be open to the public between the hours of 12:00 a.m. and 8:00 a.m.
(3) An existing nonconforming use located within a zoning district that would otherwise not permit marijuana uses, such as an old convenience store in a residential zone, shall not be allowed to convert to a marijuana use. (Ord. 019-17 § 18 (Exh. 1)).
20.64.050 Licenses required.
(1) A valid, current license is required from the Washington State Liquor and Cannabis Board for operation of any marijuana business. A copy of this license shall be submitted to the city as part of the complete application for a city business license.
(2) A valid, current registration is required from the Washington State Liquor and Cannabis Board for operation of any medical marijuana cooperative. A copy of this registration shall be submitted to the city as part of the complete application for a city business license.
(3) No marijuana business or medical marijuana cooperative may operate or open for business prior to receipt of a city business license. The process for obtaining a city business license is set forth in Chapter 5.12 POMC. (Ord. 019-17 § 18 (Exh. 1)).
20.64.060 Signs and advertising.
(1) All signage and advertising for a marijuana business shall comply with the applicable provisions of this chapter, the sign regulations in Chapter 20.132 POMC, the land use and development regulatory code, and state law (and all applicable rules and regulations promulgated thereunder).
The city may enforce this section pursuant to Chapter 20.02 POMC. For violations of state law, the city may report the violation to the Washington State Liquor and Cannabis Board. (Ord. 019-17 § 18 (Exh. 1)).
20.64.070 Report of disturbance and unlawful activity.
(1) All marijuana businesses, and any agent, manager or employee thereof, shall immediately report to the city police department any disorderly act, conduct or disturbance and any unlawful activity committed in or on the licensed and permitted premises, including, but not limited to, any unlawful resale of marijuana, and shall also immediately report any such activity in the immediate vicinity of the business.
(2) Each marijuana business shall post and keep at all times visible to the public in a conspicuous place on the premises a sign with a minimum height of 14 inches and a minimum width of 11 inches with each letter to be a minimum of one-half inch in height, which shall read as follows:
WARNING:
The City of Port Orchard Police Department must be notified of all disorderly acts, conduct or disturbances and all unlawful activities which occur on or within the premises of this licensed establishment.
(3) It shall not be a defense to a prosecution of a code enforcement action under this section that the licensee was not personally present on the premises at the time such unlawful activity, disorderly act, conduct or disturbance was committed; however, no agent or employee of the licensee shall be personally responsible for failing to report any disorderly act, conduct or disturbance and any unlawful activity hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed. (Ord. 019-17 § 18 (Exh. 1)).
20.64.080 Visibility of activities – Control of emissions.
(1) All activities of the marijuana business, including, but not limited to, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted out of the public view.
(2) No marijuana or paraphernalia shall be displayed or kept in a marijuana business so as to be visible from outside the licensed premises.
(3) Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the marijuana business must be in effect at all times. In the event that any odors, dust, fluids or other substances exit a marijuana business, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for the immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. (Ord. 019-17 § 18 (Exh. 1)).