Pursuant to article XI, section 11 of the Washington state constitution, chapters 69.50 and 69.51A Revised Code Of Washington, and chapter 314-55 WAC, the city of Long Beach asserts its constitutional, statutory, and common law authority to make and impose land use regulations and to enforce within its limits such police, sanitary, and other regulations as are not unreasonable or in conflict with general laws.

The purpose and intent of this chapter is to regulate the siting and operation of any structure, activity, or land use related to the production, processing, or retailing of recreational and medical marijuana in order to protect and maintain the public health, safety, and welfare of the city's citizens, to address local issues and preferences, and to mitigate potential adverse impacts. The city intends this chapter to establish a strong and effective regulatory framework including robust controls and procedures on paper and in practice. (Ord. 931, 10-3-2016)

For purposes of this chapter, the definitions contained in chapters 69.50 and 69.51A Revised Code Of Washington, and chapter 314-55 WAC apply, unless otherwise stated or defined herein or unless the context clearly requires otherwise. The following additional definitions also apply:

INDOORS: Any location that:

   A.   Is in a fully enclosed and secure structure that complies with applicable building regulations adopted by the city of Long Beach, including the Washington state building code;

   B.   Has a complete roof enclosure supported by connecting walls extending from the ground to the roof; and

   C.   Has a foundation, slab, or equivalent base to which the floor is securely attached.

MARIJUANA BUSINESS: An entity licensed by the Washington state liquor and cannabis board ("WSLCB") to participate in the recreational and/or medical marijuana industries. Following are the main four (4) types of marijuana businesses licensed by the WSLCB:

Marijuana Processor: An entity licensed by the WSLCB to process, package, and label usable marijuana and marijuana infused products for sale at wholesale to a licensed marijuana retailer.

Marijuana Producer: An entity licensed by the WSLCB to plant, grow, and harvest marijuana for sale at wholesale to a licensed marijuana processor.

Marijuana Researcher: An entity licensed by the WSLCB to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana derived drug products.

Marijuana Retailer: An entity licensed by the WSLCB to sell only usable marijuana, marijuana infused products, and marijuana paraphernalia at retail to qualified patients and/or to persons twenty one (21) years of age and older.

MARIJUANA USE: A "marijuana business", as defined herein, and/or a cooperative registered with the WSLCB.

OUTDOORS: Any location that is not "indoors" as defined herein.

PARCEL: A parcel of land for which one legal title exists. Where contiguous legal parcels are under common ownership or control, such legal parcels shall be counted as a single parcel for purposes of this chapter.

PUBLIC PLACE: Any place or property where the general public has unrestricted right of access and that is generally used by the public, including streets, alleys, trails, and sidewalks; buildings and grounds used for school purposes; 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 which are open to and are generally used by the public and to which the public is permitted to have unrestricted access; restaurants, theaters, 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; buses 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 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.

SENSITIVE LAND USES: A land use to be protected by distance and/or other means from the potential and actual impacts of marijuana related uses. For purposes of this chapter, the following are considered sensitive land uses: elementary school; secondary school; playground; childcare center; library; public park; public transit center; church; game arcade; amusement; recreation center or facility; residential treatment facility; or juvenile group home. Those sensitive land uses are defined in WAC 314-55-010 or as follows:

Amusement: An entertainment venue catering to families and/or to children. Examples include, and are not limited to, movie theaters, miniature golf courses, golf courses, horse ride rentals, go-cart tracks, and skateboard parks.

Arcade: An entertainment venue featuring primarily video games, simulators, and/or other amusement devices, where persons under twenty one (21) years of age are not restricted.

Childcare Center: Supplementing the definition in WAC 213-55-010(4), childcare center also includes a nursery school or preschool, meaning a school for children who are not old enough to attend kindergarten.

Church: A property, structure, leased portion of a structure, or facility used primarily for religious worship and related religious activities.

Juvenile Group Home: A facility providing sheltered care for those with special needs and who are under twenty one (21) years of age.

Residential Treatment Facility: A facility providing for treatment of drug and alcohol dependency. Also called a rehabilitation or "rehab" center. (Ord. 931, 10-3-2016)

Any person or entity conducting a marijuana use in the city of Long Beach agrees to the following:

   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 of any kind that results 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, the licensee agrees to indemnify, defend, and hold harmless the city, its officers, elected officials, employees, volunteers, 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, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in a manner that is subject of the license. (Ord. 931, 10-3-2016)

   A.   Nothing in this chapter is intended to be, nor should be considered to be, an allowance for more activity pertaining to the production, processing, researching, and selling of marijuana than is permitted by state law and by rules and regulations of the WSLCB.

   B.   Nothing in this chapter is intended to be, nor should be considered to be, a limitation on the city from objecting to an application for a license, issuance of a license, or renewal of a license by the WSLCB.

   C.   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 69.51A or 69.50 Revised Code Of Washington. Nothing in this chapter shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others or that creates a nuisance. (Ord. 931, 10-3-2016)

   A.   City License Required: To establish or operate a marijuana business in the city of Long Beach, a person or entity must obtain and maintain both a city issued business license and a city issued marijuana operation license. To establish or operate a cooperative in the city of Long Beach, a person must obtain and maintain a city issued marijuana operation license.

   B.   State License A Prerequisite To Local Consideration: Only valid state licensed marijuana businesses and cooperatives properly registered with the WSLCB may apply for and be eligible to receive the necessary city issued licenses described herein. The application for each state license must have first been reviewed by the city of Long Beach before being granted by the WSLCB.

   C.   Lack Of State License, Registration: Any marijuana related operation, business, or facility that does not have a valid state license pursuant to chapter 69.50 Revised Code Of Washington or that has not properly registered pursuant to chapter 69.51A Revised Code Of Washington cannot obtain a city issued business license or a city issued marijuana operation license. This prohibition includes, but is not limited to, cooperatives, medical cannabis collective gardens, medical cannabis dispensaries, and any marijuana production, processing, retail, or research business, facility, or operation. Such operations, businesses, or facilities are prohibited in the city.

   D.   Business License Application: To be eligible to obtain a city issued business license, the applicant must apply online to receive a business license and follow the normal business license procedures. The application must clearly state it is for a marijuana related business.

   E.   Marijuana Operation License Application: To be eligible to obtain a marijuana operation license, the applicant must apply for a marijuana operation license on forms made available by the city. The applicant must pay an application fee of four hundred dollars ($400.00). Before any license is issued, the proposed use will be evaluated for land use, zoning, and code compliance and the applicant must successfully pass inspections described herein evaluating structural suitability, fire safety, and security. Approved licenses may be reviewed annually.

   F.   Annual Marijuana Operations Licensing Fee: Each city licensed marijuana use shall pay an annual marijuana operations licensing fee of three hundred dollars ($300.00) at the beginning of each operating year. The city will not prorate or refund marijuana operations licensing fees.

   G.   Initial City Inspections: Prior to the city issuing a marijuana operation license, the applicant must make the property available for the following inspections by city personnel or designees. All fees described herein must be paid in advance of inspection. The following must occur:

      1.   An inspection by the Long Beach building inspector or his/her designee. The inspection must have no negative findings, or any negative findings must be addressed and the site reinspected until no negative findings result. The fee for the initial inspection shall be two hundred fifty dollars ($250.00). The fee for each subsequent inspection required to address negative findings shall be two hundred fifty dollars ($250.00).

      2.   An inspection by the Long Beach fire chief or his/her designee. The inspection must have no negative findings, or any negative findings must be addressed and the site reinspected until no negative findings result. The fee for the initial inspection shall be two hundred fifty dollars ($250.00). The fee for each subsequent inspection required to address negative findings shall be two hundred fifty dollars ($250.00).

      3.   An inspection by the Long Beach police chief or his/her designee. The inspection must have no negative findings, or any negative findings must be addressed and the site reinspected until no negative findings result. The fee for the initial inspection shall be two hundred fifty dollars ($250.00). The fee for each subsequent inspection required to address negative findings shall be two hundred fifty dollars ($250.00).

   H.   Annual Inspections Required: Every year, the site shall be inspected by city personnel for structural suitability, fire safety, and security. The cost of these inspections shall be paid for via the annual marijuana operations licensing fee.

   I.   Insurance Requirements: To obtain a license, insurance requirements set forth in WAC 314-55-082 shall be met. In addition, the city and its employees, agents, and volunteers must be named as an additional insured on all general liability, umbrella, and excess insurance policies to the same extent as the state of Washington. The licensee's insurance policies shall be primary to any insurance that the city may possess and the licensee's insurance policies shall state this requirement.

   J.   Insurance, License Deficiency; Suspension Or Revocation: If an insurance or license deficiency exists, the city may suspend or rescind city issued permits. (Ord. 931, 10-3-2016)

A validly licensed marijuana use may be sited in the city of Long Beach subject to the following:

   A.   Marijuana Producer, Processor, Or Researcher: A state licensed marijuana producer, processor, or researcher may be located as a conditional use in the L1 (light industrial) and C2 (commercial retail warehouse) zoning districts but is prohibited in all other zoning districts. The property on which the producer, processor, or research facility is located shall be a minimum of two hundred feet (200') from the nearest property on which a residential land use is located.

   B.   Marijuana Retailer: A state licensed marijuana retailer may be located as a conditional use in the C1 (commercial) and RC (residential commercial) zoning districts but is prohibited in all other zoning districts. A proposed retail business shall not be located on or immediately adjacent to (sharing a property line with or directly across the street from) a parcel on which a residential land use is located.

   C.   Cooperative: A state registered cooperative may be located as a conditional use in the R1 (single-family residential), R1R (single-family residential restricted), S1 (shoreline single- family residential), RC (residential commercial), C1 (commercial), C2 (commercial retail warehouse), and L1 (light industrial) zoning districts but is prohibited in all other zoning districts.

   D.   Additional Buffer Zones:

      1.   No marijuana use shall be established on a parcel located within one thousand feet (1,000') of a parcel on which any existing state licensed marijuana retailer is located.

      2.   No state licensed marijuana producer, processor, retailer, or researcher shall be established within one thousand feet (1,000') of a parcel on which any of the following uses is located: elementary school; secondary school; or playground.

      3.   No state licensed marijuana producer, processor, retailer, or researcher shall be established within one hundred feet (100') of a parcel on which any of the following uses is located: childcare center; library; public park; public transit center; church; game arcade; amusement; recreation center or facility; residential treatment facility; or juvenile group home.

      4.   No state registered cooperative shall be located within one thousand feet (1,000') of a parcel on which any of the following uses is located: elementary school; secondary school; or playground.

      5.   No state registered cooperative shall be located within one hundred feet (100') of a parcel on which any of the following uses is located: childcare center; library; public park; public transit center; church; game arcade; amusement; recreation center or facility; residential treatment facility; or juvenile group home.

      6.   A state registered cooperative must be twenty feet (20') or more from any occupied legal residential structure located on a separate parcel or from any residential accessory structure used primarily by children, for example a playhouse, measured from the nearest exterior wall of the structure where the cooperative's operations occur to the nearest exterior wall of the residential structure or residential accessory structure.

      7.   For a state registered cooperative located in a mobile home park, the structure where the cooperative operates must be within twenty feet (20') of an occupied mobile home, measured from nearest exterior wall of the structure where the cooperative's operations occur to the nearest exterior wall of the mobile home;

      8.   No state registered cooperative or state licensed marijuana producer, processor, or researcher can be located within one hundred feet (100') of Pacific Highway, measured from nearest property line to nearest right of way line.

      9.   Unless otherwise stated, the distance shall be measured in the most direct route over or across public walks, streets, or other public passageways between the property lines of the location of the marijuana use and the property lines of the location of the sensitive land use(s) that are nearest one another. The city shall rely upon its sensitive land uses map, adopted by reference herein and as amended in the future, to determine whether a proposed marijuana use is located within one thousand feet (1,000') or one hundred feet (100') of a sensitive land use, except city personnel may also take into account uses or other changes that have occurred since the sensitive land uses map was most recently updated. (Ord. 931, 10-3-2016)

Following are restrictions on, requirements for, and standards of operation for marijuana uses located in the city of Long Beach:

   A.   Compliance With State Law: Chapters 69.50 and 69.51A Revised Code Of Washington, and chapter 314-55 WAC, which establish and regulate a statewide regulatory scheme for the production, processing, and retailing of recreational and medical marijuana, are incorporated by reference to the extent permitted by law. Marijuana uses within the city must comply with all applicable state laws and regulations.

   B.   No Delivery Services: No person, business, or entity may operate a marijuana delivery service in the city of Long Beach.

   C.   No Nonconforming Status: Notwithstanding the provisions of chapter 16, "Nonconforming Uses And Structures", of this title, an existing marijuana use that is not validly licensed or registered with the WSLCB shall immediately cease operations and seek legal status via the applicable WSLCB licensing or registration process.

   D.   Operating Standards: The following restrictions apply to city licensed marijuana uses' operation, including growing, producing, processing, storing, displaying, and/or selling marijuana and any other aspect of the marijuana use licensed by the city:

      1.   Odor: The operation shall not subject occupants of neighboring parcels who are of normal sensitivity to objectionable odors.

      2.   Lighting: All lights used shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel upon which they are placed.

      3.   Noise: Operational noise shall not exceed the noise disturbance standards as set forth in title 5, chapter 5, "Noise Control", of this code. Any noise/vibration disturbance shall be abated, whether caused by loud noise or by low frequency disturbance.

      4.   Visibility: Marijuana plants, products, or related paraphernalia shall not be visible from the public right of way, publicly traveled private roads, a public place, or a neighbor's parcel.

      5.   Signage:

         a.   For marijuana businesses, advertising signage must comply with the requirements of WAC 314-55-155, as may be amended, and may not exceed 11.11 square feet in area. Mandatory cautionary signage must comply with the requirements of WAC 314-55-086, as may be amended.

         b.   For cooperatives, there shall be no exterior signage or symbology relating to the cooperative or to marijuana.

      6.   Compliance With City Codes: The location, including the property and any structures, of a city licensed marijuana use shall be in compliance with the applicable provisions of the city's building regulations, the currently adopted edition of the Washington state building code, and all other applicable building related codes.

      7.   Nuisance: The operation of the city licensed marijuana use shall not adversely affect the health or safety of the nearby residents or others by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other adverse impacts and shall not be hazardous due to use or storage of materials, processes, products, or waste.

      8.   Security: Security measures for a city licensed marijuana use shall include, at a minimum, the following:

         a.   A burglary alarm system that is professionally monitored and maintained in good working condition;

         b.   Exterior lighting that illuminates all entry points but does not scatter light off site; and

         c.   Dead bolt locks on all exterior doors.

   E.   Additional Cooperative Specific Restrictions:

      1.   Gas Prohibited: A cooperative is prohibited from using gas products (CO2, butane, etc.) for growing and processing marijuana. If propane is the main source of heat in a domicile when a cooperative is established, it may continue to be used for that purpose.

      2.   Limitations On Delivery, Sale, And Exchange: No marijuana grown and/or processed by a cooperative may be delivered to anyone other than one of the qualifying patients participating in the cooperative. Cooperative members may not sell any marijuana plants or products or exchange any marijuana plants or products for any item(s) of value.

      3.   No On Site Display Or Sale: At a cooperative location, there shall be no on site display or sale of paraphernalia related to the use or consumption of marijuana.

      4.   Location Limitation: All aspects of a cooperative's operation, including, but not limited to, growing and processing marijuana, must be located indoors, in a permanent building or a greenhouse permanently affixed to the ground. No aspect of a cooperative's operation is permitted outdoors.

   F.   Restrictions On Quantities: The quantity of any marijuana plants or products at any single location shall conform to state laws and regulations. The possession or cultivation of more than the authorized number of marijuana plants or products on one parcel, either indoors or outdoors, is prohibited. (Ord. 931, 10-3-2016)

   A.   Failure To Comply: Failure to comply with any restriction, requirement, or standard described herein or with state laws and regulations shall result in the suspension or revocation of the city issued marijuana operations license and, if applicable, the city issued business license. Such a failure to comply requires immediate cessation of the marijuana use.

      1.   The city shall notify the licensee in writing by certified mail that a city issued marijuana operation license has been revoked or suspended and the grounds therefor. Upon receipt of such notice or within three (3) days of the date of mailing, whichever is earlier, the licensee must immediately correct the identified violations or cease all operation of the marijuana use.

      2.   Failure to correct the identified violations or to cease operation is designated as a civil infraction and may be enforced as such, although this designation shall not be construed to limit any other enforcement mechanism.

      3.   A licensee may, within seven (7) days from the date that the license suspension or revocation notice was mailed to the licensee, appeal from such suspension or revocation by filing a written notice of appeal setting forth the grounds therefor with the city clerk. The city clerk shall set a date for hearing said appeal and notify the licensee by mail of the time and place of the hearing. After the hearing thereon the hearings examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the suspension or revocation and may impose any terms upon the continuance of the license. The decision of the hearings examiner shall be final. The licensee and/or the city may seek review of the decision by the superior court of Washington in and for Pacific County within thirty (30) days from the date of the decision. The suspension or revocation shall remain in effect during any appeal process.

   B.   Improper Use Of Land: It is a violation of this chapter for any person or entity owning, leasing, occupying, or having charge or possession of any parcel of land within any incorporated area of the city of Long Beach to cause or allow such parcel of land to be used for marijuana related purposes in excess of the limitations of or in noncompliance with the requirements and standards set forth herein. Such violations are designated as civil infractions and may be enforced as such, although this designation shall not be construed to limit any other enforcement mechanism.

   C.   Nuisance: Nothing in this chapter shall be construed as a limitation on the city's authority to abate any nuisance violation that may exist from the otherwise legal production, processing, or retailing of recreational marijuana on any parcel, including from within a fully enclosed and secure building. In addition, all violations of this chapter are deemed to be a public nuisance and may be abated by the city under the procedures set forth in title 5, chapter 2, "Public Nuisances", of this code or in state law for the abatement of public nuisances.

   D.   Enforcement: Any violation(s) of this chapter or of state law may be enforced as set forth in title 14, "Enforcement Procedures", of this code. In addition, a violation of this chapter or of state law may be enforced as a civil infraction where applicable or, where the violation is also a violation of chapters 69.50 and 69.51A Revised Code Of Washington or related regulations, prosecuted as set forth in title 6, chapter 5, "Criminal Code; Miscellaneous Offenses", of this code. Nothing in this chapter shall be construed as a limitation on the city's authority to enforce any other violations of this code. (Ord. 931, 10-3-2016)