The purpose of this chapter is to establish zoning regulations that provide for marijuana businesses allowed under a voter-approved statewide initiative (Initiative 502), now codified in Title 69 RCW, and subject to requirements of Chapter 314-55 WAC.

(Ord. No. 2861, § 2, 5-27-14)

The following definitions apply to this chapter. Additional definitions related to marijuana businesses are contained in WAC 314-55-010 and RCW 69.50.101.

"Business name" or "trade name" means the name of a licensed business as used by the licensee on signs and advertising.

"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 (24) hours and is licensed by the Washington state department of early learning under Chapter 170-295 WAC.

"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.

"Game arcade" means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices.

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

"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. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or 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.

"Marijuana business" means any business that handles marijuana and is subject to Chapter 314-155 WAC.

"Marijuana processing business" means any business that engages in processing marijuana.

"Marijuana production business" means any business that engages in growing marijuana.

"Marijuana retail business" means an establishment engaged in selling marijuana to people for their personal or household use. It does not include businesses that produce or process marijuana and do not sell it directly for personal or household use.

"Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, or other playground equipment, owned and/or managed by a city, county, state, or federal government.

"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 and does not include parcels that are primarily comprised of a trail or trails.

"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.

"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 (21) years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government.

"Residence" means a building, dwelling unit or property where one or more persons may live or maintain an abode.

"Secondary school" means a high school and/or middle school, i.e., a school that is recognized by the Washington state superintendent of public instruction for the education of students, typically children, in grades seven to twelve (12) who have completed their primary education.

(Ord. No. 2861, § 2, 5-27-14)

(a)

A marijuana business shall not be located within one thousand (1,000) feet of the perimeter of the grounds of any of the following entities as defined in UGMC 17.29.020:

(1)

Elementary or secondary school;

(2)

Playground;

(3)

Recreation center or facility;

(4)

Child care center;

(5)

Park;

(6)

Transit center;

(7)

Library; or

(8)

Game arcade where admission is not restricted to persons age twenty-one (21) and older; or

(b)

For purposes of subsection (a) of this section, the distance shall be measured as the shortest straight line distance from the property line of each entity identified in subsection (a) of this section to the property line of the marijuana business.

(c)

A marijuana retail business is not permitted except where designated in the city's zoning regulations in accordance with Table 17.04.030.

(d)

Neither a marijuana production business nor a marijuana processing business is permitted outside the designated zoning districts in accordance with Table 17.04.030.

(e)

Marijuana businesses are not permitted as a home occupation under UGMC 17.04.090 and shall not operate at a residence as defined in this chapter.

(Ord. No. 2861, § 2, 5-27-14)

(a)

To operate within the city, each marijuana business is required to have a current business license issued by Washington state under the provisions of Chapter 314-55 WAC and a current business license issued by the city under the provisions of Chapter 4.04 UGMC.

(b)

A retail marijuana business shall not sell marijuana, marijuana-infused products, or marijuana paraphernalia or otherwise be open for business before 8:00 a.m. or after 11:00 p.m. on any day.

(c)

For signage, marijuana businesses are subject to the requirements of Chapter 314-55-155 WAC and Chapter 17.08 UGMC, whichever is more restrictive. No off-premises signage is allowed.

(d)

A marijuana business must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors.

(e)

Marijuana plants, products, and paraphernalia shall not be visible from outside the building in which the marijuana business is located.

(f)

Marijuana businesses are subject to all applicable requirements of the Union Gap Municipal Code, including but not limited to the Building Code (Title 14 UGMC) and the Fire Code (Title 13 UGMC), as now exists or may be amended.

(g)

Marijuana businesses are subject to all applicable requirements of Title 69 RCW and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended.

(Ord. No. 2861, § 2, 5-27-14)

Violations of this chapter shall be subject to enforcement action as provided in Chapter 1.18 UGMC or, as applicable, the Uniformed Controlled Substances Act, Title 69 RCW. In addition, violations of this chapter are deemed to be a public nuisance and may be abated under the procedures set forth in state law for the abatement of public nuisances. (Ord. No. 2861, § 2, 5-27-14)