A.

The council adopts all of the "whereas" sections of the ordinance from which this chapter is derived as findings to support this chapter.

B.

The purpose of this chapter is to establish where marijuana producers, processors and retail outlets may locate in the city, and to describe the restrictions upon such uses.

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 USC 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 state law prohibiting the acquisition, possession, manufacture, sale or use of medical cannabis or 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. It is the intention of the city 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.

(Code 2020, § 17.29.010; Ord. No. 1324, § 1, 11-20-2013)

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. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 24 hours licensed by the 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.

Deliver or delivery means the actual or constructive transfer from one person to another of a substance, whether or not there is an agency relationship.

D.

Elementary school means a school for early education that provides the first four to eight years of basic education and is recognized by the state superintendent of public instruction.

E.

Game arcade means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted.

F.

Indoors means within a fully enclosed and secure structure that complies with the 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-eights-inch or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

G.

Library means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.

H.

Marijuana means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 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, the term "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.

I.

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 useable marijuana.

J.

Marijuana, usable means dried marijuana flowers. The term "usable marijuana" does not include marijuana-infused products.

K.

Outdoors means any location that is not indoors within a fully enclosed and secure structure as defined herein.

L.

Person means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision of agency or any other legal or commercial entity.

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 use.

O.

Processer, marijuana means a person licensed by the state liquor control board to process marijuana into useable 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 as wholesale to marijuana retailers.

P.

Producer, marijuana means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.

Q.

Produce or production means to manufacture, plant, grow or harvest cannabis or marijuana.

R.

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. The term "public park" does not include trails.

S.

Public place includes streets and alleys of incorporated cities and towns; state or county or township highways or roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; premises where goods and services are offered to the public for retail sale; public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theatres, stores, garages, and filling stations which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; railroad trains, stages, buses, ferries, and other public conveyances of all kinds and character, and the depots, stops, and waiting rooms used in conjunction therewith which are open to unrestricted use and access by the public; publicly owned bathing beaches, parks, or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public.

T.

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.

U.

Recreation center or facility means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a charitable nonprofit organization, city, county, state or federal government.

V.

Retailer, marijuana means a person licensed by the state liquor control board to sell usable marijuana and marijuana-infused products in a retail outlet.

W.

Retail outlet means a location licensed by the state liquor control board for the retail sale of useable marijuana and marijuana-infused products.

X.

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 12 and recognized by the state superintendent of public instruction.

Y.

Useable 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.

(Code 2020, § 17.29.020; Ord. No. 1324, § 1, 11-20-2013)

A.

A marijuana license shall not be issued a new marijuana license if the proposed licensed business is within 1,000 feet of the perimeter of the grounds of any of the following entities. The distance shall be measured as the shortest strait line distance from the property line of the proposed building/business location to the property line of the entities listed below:

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 aged 21 years or older.

B.

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

(Code 2020, § 17.29.030; Ord. No. 1324, § 1, 11-20-2013)

A.

A valid, current license is required from the state liquor control board for operation of any marijuana, producer, processor or retail outlet. A copy of this license shall be submitted to the city as part of the complete application for a permit.

B.

A business license is required from the city for operation of any marijuana producer, processor or retail outlet. No permit may issue unless the city issues a business license for the marijuana use.

(Code 2020, § 17.29.040; Ord. No. 1324, § 1, 11-20-2013)

A.

Marijuana production is an allowed use for those properties in the I-1 Industrial Use Zoning District.

B.

Marijuana processing is an allowed use for those properties in the I-1 Industrial Use Zoning District.

C.

Marijuana retail outlets or retail uses are allowed uses for those properties east of Interstate 5 at Exit 27, specifically beginning approximately 1,750 feet northwest of the southern end of Old Pacific Highway at its junction with the I-5 right-of-way, thence northwesterly along the eastern edge of the I-5 right-of-way approximately 2,000 feet, thence due east approximately 700 feet, thence due south to the point of beginning within the C-2 Highway Commercial Zoning District.

(Code 2020, § 17.29.050; Ord. No. 1324, § 1, 11-20-2013)

A.

All signage and advertising for a marijuana processor, producer or retail outlet shall comply with the applicable provisions of this Code, the sign code, this title and WAC 314-55-155 (and all applicable rules and regulations promulgated thereunder).

B.

Violations of this section relating to the sign code or this title shall result in a $1,000.00 fine. The city may enforce this section pursuant to this title. For violations of WAC 314-55-155 and 314-55-525, the city may report the violation to the state liquor control board.

(Code 2020, § 17.29.060; Ord. No. 1324, § 1, 11-20-2013)

Security measures at all licensed premises shall comply with the requirements of WAC 314-55-083 (and all applicable rules and regulations promulgated thereunder).

(Code 2020, § 17.29.070; Ord. No. 1324, § 1, 11-20-2013)

A.

All licensees 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.

B.

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:

WARNING:

The city 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.

C.

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.

D.

Failure to comply with the requirements of this section shall be considered by the city in any action relating to the issuance or revocation of a permit.

(Code 2020, § 17.29.080; Ord. No. 1324, § 1, 11-20-2013)

A.

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.

B.

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

C.

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.

(Code 2020, § 17.29.090; Ord. No. 1324, § 1, 11-20-2013)

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 marijuana business that is the subject of the license.

(Code 2020, § 17.29.100; Ord. No. 1324, § 1, 11-20-2013)