ORD 11-690ORDINANCE NO. 11-690
AN ORDINANCE of the City of Federal Way, Washington, imposing
a six month moratorium on cannabis related businesses.
WHEREAS, RCW 69.S1A ("Medical Marijuana Act") provides an affirmative defense to
qualifying patients and providers charged with a violation of state law relating to marijuana; and
WHEREAS, current state and federal law does not authorize cannabis related businesses
to operate legally within the City; and
WHEREAS, the State Legislature is currently considering legislation with the intent to
legalize cannabis dispensaries; and
WHEREAS, certain versions of the legislation authorize the City to adopt requirements
for business licensing, health and safety, or business taxes, in addition to the City's zoning
authority; and
WHEREAS, certain versions of the legislation require that the City license cannabis
related businesses and/or coordinate the zoning of cannabis related businesses with other
jurisdictions; and
WHEREAS, certain versions of the legislation authorize State agencies to regulate
cannabis related businesses but allow currently operating cannabis related businesses to remain
in operation while the State agencies adopt applicable administrative rules; and
WHEREAS, if any version of this legislation passes it will require the City to update its
business license and zoning codes; and
WHEREAS, Council anticipates that legislation regulating cannabis related businesses
will pass, and has therefore determined a six month moratorium be imposed on cannabis related
businesses in order for the City to amend its Code to become compliant with the legislation; and
Ordinance No. 11-690 Page 1 of 4
WHEREAS, the U.S Department of Justice in a letter dated April 14, 2011, to Governor
Gregoire has stated that City employees who conduct activities mandated by the anticipated
legislation will not be immune from criminal liability; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a
moratorium; and
.._ WHEREAS, the adoption of this moratorium is exempt from the requirements of a
threshold determination under the State Environmental Policy Act; and
WHEREAS, this moratorium is necessary for the immediate preservation of public peace,
health and safety, and the support of City government;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section l. Findin�s. The City Council of the City of Federal Way makes the following
findings of fact:
(a) The forgoing whereas provisions are adopted as findings of fact.
(b) Current illegal cannabis related businesses within the City have been the subject
of criminal activity and citizen complaints.
(c) A moratorium is necessary.to provide the City with sufficient time to study the
potential impacts of cannabis related businesses; develop appropriate zoning, health safety, and1
or licensing regulations; and insure that the regulations comply with the law.
(d) The City Clerk has received inquiries and business license applications from
cannabis related businesses wanting to locate within the City.
(e) A moratorium is necessary to preserve the status quo until the City adopts
appropriate zoning, health safety, and/ or licensing regulations.
Ordinance No. 11-690 Page 2 of 4
Section 2. Moratorium Established. No cannabis related business license, registration
letter of intent or letter of acknowledgement shall be accepted or issued by the City Clerk nor
shall any cannabis related businesses be located within the City during the duration of this
moratonum.
Section 3. Duration of Moratorium This moratorium shall be in effect for six months
from the effective date of this moratorium.
Section 4. Public Hearin�. A public hearing for this moratorium will be held on May 17,
201 l, at the regularly scheduled City Council Meeting.
Section 5. Severabilitv. 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 6. 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 7. Effective Date. By unanimous consent, the Council finds that this moratorium
is for a public emergency and needed for the immediate support of City governments and is not
subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and
be in full force upon adoption.
Ordinance No. 11-690 Page 3 of 4
PASSED by the City Council of the City of Federal Way this 19`" day of April, 2011.
ATTEST:
CITY OF FEDERAL WAY
r �
MAYOR, IP PRIEST
(���'�,�
CITY CLERK, CAR L MCN L Y, CMC
APPROVED AS TO FORM:
C TY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
4/ 19/2011
4/19/2011
4/23/2011
4/ 19/2011
11-690
Ordinance No. 11-690 Page 4 of 4