Chapter 17.92
RECREATIONAL MARIJUANA PRODUCERS, PROCESSORS AND RETAILERS
Sections:
17.92.040 Marijuana production.
17.92.050 Marijuana processing.
17.92.060 Retail marijuana sales.
17.92.070 Locational criteria.
17.92.080 No city liability—Indemnification.
17.92.010 Authority.
The provisions of this chapter are implemented pursuant to Initiative 502 under the authority of RCW 69.51A.140. (Ord. 1789-14 § 1 (part), 2014)
17.92.020 Purpose.
The purpose of this chapter is to further clarify the provisions of Initiative 502 as it pertains to the use of land within the city, and to establish where recreational marijuana producers, processors and retail outlets may locate in the city, and to describe the restrictions upon such uses. (Ord. 1789-14 § 1 (part), 2014)
17.92.030 Definitions.
The definitions in this section apply throughout this chapter, and the city also adopts the definitions in WAC 314-55-010 and RCW 69.50.101.
A. “Child care center” means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington State Department of Early Learning, under Chapter 170-295 WAC.
B. “Cultivation” means the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof.
C. “Elementary school” means a school for early education that provides the first four to eight years of basic education and is recognized by the Washington State Superintendent of Public Instruction.
D. “Game arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted.
E. “Indoors” means within a fully enclosed and secure structure that complies with the Washington State Building Code, as adopted by the city, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two-inch by four-inch or thicker studs overlain with three-eighths-inch or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
F. “Library” means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.
G. “Marijuana” means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than three-tenths percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. For the purposes of this chapter, “cannabis” or “marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
H. “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include usable marijuana.
I. “Marijuana processor” means a person licensed by the State Liquor Control Board to process marijuana into usable marijuana and marijuana-infused products, package and label usable marijuana and marijuana-infused products for sale in retail outlets, and sell usable marijuana and marijuana-infused products at wholesale to marijuana retailers.
J. “Marijuana producer” means a person licensed by the State Liquor Control Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
K. “Marijuana retailer” means a person licensed by the State Liquor Control Board to sell usable marijuana and marijuana-infused products in a retail outlet.
L. “Outdoors” means any location that is not “indoors” within a fully enclosed and secure structure as defined herein.
M. “Playground” means a public outdoor recreation area for children, usually equipped with swings, slides and other playground equipment, owned and/or managed by a city, county, state or federal government.
N. “Process” means to handle or process cannabis in preparation for recreational use.
O. “Produce” or “production” means to manufacture, plant, cultivate, grow or harvest cannabis or marijuana.
P. “Public park” means an area 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 city, county, state, federal government or metropolitan park district. “Public park” does not include trails.
Q. “Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or city, county, state or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers.
R. “Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state or federal government.
S. “Retail, marijuana” means the activity of selling usable marijuana and marijuana-infused products in a retail outlet.
T. “Retail outlet” means a location licensed by the State Liquor Control Board for the retail sale of usable marijuana and marijuana-infused products.
U. “Secondary school” means a high and/or middle school: a school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington State Superintendent of Public Instruction.
V. “Usable cannabis or usable marijuana” means dried flowers of the cannabis plant. The term “usable cannabis or usable marijuana” does not include marijuana-infused products or cannabis products. (Ord. 1789-14 § 1 (part), 2014)
17.92.040 Marijuana production.
A. The cultivation of marijuana is considered to be production of a product for resale. Production of marijuana is limited to the following zoning districts:
1. Industrial zoning district; and
2. Residential 5 (R-5) zoning district on lots fifteen acres or larger. Perimeter landscaping buffering for all marijuana production locations in the R-5 district shall be at least twenty-five feet wide. An eight-foot-tall, one hundred percent sight-obscuring fence, wall or other screen of equal effectiveness shall be maintained around all activity areas. The screening requirements in Section 17.50.120 shall also apply. In the case of conflict between screening requirements, the higher standards shall apply.
B. All marijuana production shall occur within indoor facilities. Outdoor production as may be permitted by the state is expressly prohibited by this subsection. (Ord. 1789-14 § 1 (part), 2014)
17.92.050 Marijuana processing.
The processing of marijuana is considered to be a manufacturing activity. Processing of marijuana and marijuana products is limited to the following zoning districts:
A. Industrial zoning district; and
B. Residential 5 (R-5) zoning district on lots fifteen acres or larger. Perimeter landscaping buffering for all marijuana processing locations in the R-5 district shall be at least twenty-five feet wide. An eight-foot-tall, one hundred percent sight-obscuring fence, wall or other screen of equal effectiveness shall be maintained around all activity areas. The screening requirements in Section 17.50.120 shall also apply. In the case of conflict between screening requirements, the higher standards shall apply. (Ord. 1789-14 § 1 (part), 2014)
17.92.060 Retail marijuana sales.
The sale of marijuana is a retail activity. Sale of marijuana is limited to the central business district and mixed commercial zoning districts wherein retail uses are permitted. (Ord. 1789-14 § 1 (part), 2014)
17.92.070 Locational criteria.
A. No recreational marijuana producer, processor or retail outlet may locate within one thousand feet of any of the following:
1. Elementary or secondary school;
2. Playground;
3. Recreation center or facility;
4. Child care center;
5. Public park;
6. Public transit center;
7. Library; or
8. Any game arcade where admission is not restricted to persons age twenty-one or older.
B. The subsequent establishment of a use listed in subsection A of this section within one thousand feet of a legally established and licensed marijuana producer, processor, or retail outlet shall not render the marijuana producer, processor, or retail outlet nonconforming in regard to location under this chapter. (Ord. 1789-14 § 1 (part), 2014)
17.92.080 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. 1789-14 § 1 (part), 2014)
17.92.090 Limitations.
A. Nothing in this chapter is intended to be, nor should be considered to be, an allowance for less restricted activity than is permitted by state law and the rules and regulations of the Liquor Control Board.
B. Nothing in this chapter is intended to be, nor should be considered to be, a limitation on the city from protesting the granting of a permit(s) or the renewal of a permit(s).
C. No part of this chapter is intended to or shall be deemed to conflict with 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 medical cannabis or recreational marijuana in any manner not authorized by Chapter 69.51A RCW or Chapter 69.50 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. (Ord. 1789-14 § 1 (part), 2014)