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ORD 14-776ORDINANCE NO. 14 -776 AN ORDINANCE of the City of Federal Way, Washington, renewing the moratorium imposed by Ordinance 13 -749 on marijuana collective gardens and other related activities involved in the sale, manufacturing, or distribution of marijuana for six months. WHEREAS, on November 5, 2013 the City of Federal Way City Council passed Ordinance No. 13 -749 imposing a one year moratorium on marijuana collective gardens and other activities involved in the sale, manufacturing, or distribution of marijuana that will expire on November 5, 2014; and WHEREAS, the Washington State Liquor Control Board recreational marijuana rules do not affect local zoning and building regulations, but do place location restrictions on recreational marijuana businesses that will need to be monitored by the City; and WHEREAS, the Washington State Liquor Control Board allotted three (3) retail establishments within the City of Federal Way WHEREAS, the Legislature passed E2SSB 5073, effective July 22, 2011, that amended the Medical Cannabis Act, RCW Chapter 69.51 A, allows marijuana to be grown in "collective gardens" and for the purpose of producing, processing, transporting and delivering marijuana for medical use subject to certain conditions; and WHEREAS, E2SSB 5073 allows the City to regulate medical marijuana by enacting zoning, licensing and/or health and safety requirements; and WHEREAS, Initiative 502 directed the Washington State Liquor Control Board to develop a program for recreational marijuana producers, processors and retailers; and Ordinance No. 14 -776 Page 1 of 5 Rev 1/10 WHEREAS, the Liquor Control Board has not addressed E2SSB 5073 with the regulations for Initiative 502 recreational marijuana; and WHEREAS, the City does not have any land use regulations regarding "collective gardens" under E2SSB 5073 and the impacts of Initiative 502 on "collective gardens" is unknown. WHEREAS, the authority of a city to regulate and ban medical marijuana collective gardens is currently pending before the Washington State Supreme Court; and WHEREAS, marijuana is a schedule I controlled substance and the growing, distribution and possession of marijuana is a violation of Federal law; and WHEREAS, on August 29, 2013, the Department of Justice issued a memorandum that implies the federal government will not interfere with state and local marijuana regulations provided that those regulations implement a strong and effective regulation and enforcement system that contains robust controls and procedures on paper and that is effective in practice as evidence by providing necessary resources and enforcement actions to address certain federal government concerns; and WHEREAS, in order to address the federal government's concerns it is anticipated that the City will need to take an active role in providing necessary resources and enforcement; and WHEREAS, the City will receive no additional funding from the state to provide necessary resources and enforcement; and WHEREAS, under the business regulations in Federal Way Revised Code 12.05, marijuana related business are currently prohibited from operating in the City as they violate Federal law; and Ordinance No. 14 -776 Page 2 of S Rev 1/10 WHEREAS, in order to address Initiative 502 and E2SSB 5073, it is anticipated that additional amendments will need to be made to the City's zoning, business and public safety regulations; and WHEREAS, the City is concerned that collective gardens and medical dispensaries could become established in the City that are inconsistent with or conflict with future regulation schemes; and WHEREAS, the Council has determined that it is in the public interest to extend the moratorium to evaluate and, if necessary, enact regulations in response to Initiative 502 and E2SSB 5073 and Department of Justice guidance; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a moratorium; and WHEREAS, the renewal of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings of fact: (a) The foregoing whereas provisions are adopted as findings of fact. (b) The renewal of the moratorium is necessary to preserve the status quo until the City adopts appropriate zoning, health safety, and /or licensing regulations; and to insure that the regulations comply with the law. Ordinance No. 14 -776 Page 3 of 5 Rev 1 /10 Section 2. Moratorium Renewed. The moratorium established pursuant to Ordinance 13- 749 imposing a one year moratorium on marijuana collective gardens and other activities involved in the sale, manufacturing, or distribution marijuana to include retailers of recreational marijuana is renewed for an additional six months to expire May 5, 2015. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 21 st day of October, 2014. CITY OF FEDE WAY (a M ,06R, JBCFERRELL A TEST: ITY LERK, STEPHANIE a RTNEY, CMC Ordinance No. 14 -776 Page 4 of S Rev 1/10 APPROVED AS TO FORM: CITY AT NEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 10/21/2014 10/21/2014 10/24/2014 11/23/2014 14 -776 Ordinance No. 14 -776 Page 5 of 5 Rev 1/10