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 statewide regulatory and licensing program for marijuana uses (Chapter 314-55 WAC). It is therefore desirable for the town to establish local regulations to address such uses.

The purpose of these regulations is to establish zoning regulations where state-licensed recreational marijuana producers, processors and retail outlets may locate in the town, and to describe the restrictions upon such uses. In addition to compliance with this chapter, every recreational marijuana processor, producer and retail outlet shall obtain a town business license under Chapter 5.04 EMC.

These regulations are intended to (1) ensure that state-licensed marijuana uses are located and developed in a manner that is consistent with the desired character and standards of the town of Eatonville; (2) minimize potential incompatibilities and impacts; and (3) protect the public health, safety, and general welfare of the citizens of Eatonville.

No part of this chapter is intended to or shall be deemed to conflict with federal law, including, but not limited to, the federal Controlled Substances Act, 21 U.S.C. 800 et seq., and the state 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 69.50 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. It is the intention of the town council that this chapter be interpreted to be compatible with federal and state enactments and in furtherance of the public purposes that those enactments encompass.

The provisions of this chapter shall apply town-wide. The specific development standards provided herein shall be in addition to the zoning and development standards generally applicable to the proposed use and the relevant zoning district.

No person or use that purports to be a marijuana producer, processor, or retailer, as defined and regulated herein and in Chapter 314-55 WAC, 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 or entitled to claim legal nonconforming status.

As provided in RCW 69.50.331(8) and WAC 314-55-050, no recreational marijuana producer, processor or retail outlet may locate within 1,000 feet of any of the following:

The methodology for measuring the buffers described above shall be measured as the shortest straight line from property line to property line, as provided in WAC 314-55-050.

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.

No recreational marijuana producer, processor or retail outlet may locate within any residentially zoned district or within any residential unit in the town.

Marijuana uses (marijuana producer, marijuana processor, and marijuana retailer) shall only be allowed in those zoning districts where it is specifically identified as a permitted use.

In accordance with WAC 314-55-147, marijuana retail uses shall not be open to the public between the hours of 12:00 a.m. and 8:00 a.m.

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.

A marijuana retailer may not be located within any other businesses, and may only be located in buildings with other uses only if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel.

Marijuana producers, processers, and retailers shall not be located in a mobile structure.

A valid, current license is required from the Washington State Liquor and Cannabis Board for operation of any recreational marijuana producer, processor or retail use. A copy of this license shall be submitted to the town as part of the complete application for a town business license.

No recreational marijuana producer, processor, or retail outlet may operate or open for business prior to receipt of a town business license. The process for obtaining a town business license is set forth in Chapter 5.04 EMC.

All signage and advertising for a recreational marijuana producer, processor, or retail outlet shall be subject to the applicable provisions of this chapter, the sign and district regulations set forth in this title and WAC 314-55-155 (and all applicable rules and regulations promulgated thereunder), whichever is more restrictive. No off-premises signage is permitted.

The town may enforce this section pursuant to Chapter 18.06 EMC. For violations of WAC 314-55-086 and 314-55-155, the town may report the violation to the State Liquor and Cannabis Board.

All licensees and any agent, manager or employee thereof shall immediately report to the town 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.

Each licensee 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:

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.

All activities of the recreational marijuana business, including, but not limited to, cultivating, growing, processing, displaying, manufacturing, selling and storage, shall be conducted out of the public view within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.

No recreational marijuana, products, or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises.

Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the recreational marijuana business must be in effect at all times. In the event that any odors, dust, fluids or other substances exit a recreational 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 cleanup 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.

Marijuana producers and processors must obtain an air emissions permit from the Puget Sound Clean Air Agency and shall comply with all applicable agency regulations.

By accepting a town business license issued pursuant to this chapter and Chapter 5.04 EMC, the licensee waives and releases the town, 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.

By accepting a town business license issued pursuant to this chapter and Chapter 5.04 EMC, all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the town, 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.