ORD 13-749ORDINANCE NO. 13 -749
AN ORDINANCE of the City of Federal Way, Washington, imposing
a one year moratorium on marijuana collective gardens and other
activities involved in the sale, manufacturing, or distribution of
marijuana; setting a date for a public hearing; and amending the
Planning Commission Work Program.
WHERERAS, Initiative 502, passed November 2012, directs the Washington State
Liquor Control Board to develop a licensing program for producers, processors and retailers of
recreational marijuana; and
WHEREAS, the proposed 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 will begin accepting marijuana
license application on November 18, 2013, and will finalize its recreational marijuana rules and
licensing program by December 1, 2013; and
WHEREAS, City staff need time after the Washington State Liquor Control Board
finalizes its rules to evaluate and propose regulations to Council in response to Initiative 502;
WHEREAS, the Legislature passed E2SSB 5073, effective July 22, 2011, that amended
the Medical Cannabis Act, Chapter 69.51A RCW, which allows marijuana to be grown in
"collective gardens" 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
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WHEREAS, the City does not have any land use regulations regarding "collective
gardens" under E2SSB 5073 and proposed regulations in response to Initiative 502 will likely
impact "collective gardens "; and
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, the Department of Justice has stated in a letter dated January 17, 2012, that
public employees who knowingly carry out marijuana activities contemplated by Washington
State law, or who facilitate such activities, or conspire to commit such violations, are subject to
criminal prosecution under federal law; and
WHEREAS, on August 29, 2013, the Department of Justice issued a memorandum that
implies that 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
evidenced 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
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WHEREAS, under the business regulations in Federal Way Revised Code 12.05,
marijuana related businesses are currently prohibited from operating in the City as they violate
Federal law; and
WHEREAS, in order to address Initiative 502 and E2SSB it is anticipated that
amendments will need to be made to the City's building, zoning, business and public safety
regulations; and
WHEREAS, the City is concerned that marijuana related uses could become established
in the City that are inconsistent with or conflict with these anticipated amendments; and
WHEREAS, the Council has determined that it is in the public interest to establish a
moratorium to evaluate and, if necessary, enact regulations in response to Initiative 502, E2SSB
5073 and Department of Justice guidance; and
WHEREAS, the Planning Commission's work program will need to be amended to add
marijuana related code amendments as a high priority; and
WHEREAS, a work group of City staff will need to be created to review and develop
proposed marijuana related code amendments; 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, the desire to maintain the status quo and the potential adverse impacts on
the public health, property, safety and welfare of the City and its citizens if this Ordinance does
not take effect immediately, justify the declaration of an emergency and the designation of this
Ordinance No. 13 -749 Page 3 of 6
ordinance as a public emergency ordinance necessary for the protection of public health, public
safety, public property or the public peace by the City Council;
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 forgoing whereas provisions are adopted as findings of fact.
(b) A moratorium is necessary to provide the City with sufficient time to study the
potential impacts of Initiative 502 and E2SSB 5073; develop appropriate zoning, health safety,
and/ or licensing regulations; and insure that the regulations comply with the law.
(c) A moratorium is necessary to preserve the status quo until the City adopts
appropriate zoning, health safety, and/ or licensing regulations.
Section 2. Moratorium Established. No marijuana producers, processors or retailers
licensed by the Washington State Liquor Control Board as authorized by Initiative 502 and no
marijuana "collective gardens" or activities as authorized by E2SSB 5073 for purposes including
but not limited to producing, processing, transporting and/or delivering of marijuana shall be
allowed within the City. The City Clerk shall not accept nor issue marijuana related business
applications or registrations for the duration of this moratorium.
Section 3. Work Plan. A work group consisting of representatives from Police,
Community and Economic Development, the Clerk's Office and the City Attorney's Office is
hereby established to develop draft regulations regarding marijuana related uses once the
Washington State Liquor Control Board rules become final. Within approximately six months of
Ordinance No. 13 -749 Page 4 of 6
the issuance of the final rules, the work group shall report back to Council with the proposed
regulations and timeline for implementation.
Section 4. Planning Commission Work Program. The Planning Commission Work
Program is amended to add marijuana related code amendments as a high priority.
Section 5. Duration of Moratorium. This moratorium shall be in effect for one year from
the effective date of this ordinance.
Section 6. Public Hearing. A public hearing for this moratorium will be held on
December 3, 2013, at the regularly scheduled City Council Meeting.
Section 6. 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 7. 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 8. 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. 13 -749 Page 5 of 6
PASSED by the City Council of the City of Federal Way this 5`h day of November, 2013.
ATTEST:
QY CLERK, CAROL MC EILLY, C
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. R
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
CITY OF FEDERAL WAY
i� /I p___g
MAYOR, skip PRIEST
ICHARDSON
10/30/2013
11/05/2013
11/08/2013
11/05/2013
13 -749
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