ORD 15-788 - Imposing Moratorium on Recreational Marijuana-Related BusinessesORDINANCE NO. 15 -788
AN ORDINANCE of the City of Federal Way, Washington, imposing
a one -year moratorium on recreational marijuana- related businesses
and other activities involved in the retail, production, and processing
of recreational marijuana; establishing a work group to develop a
work plan; setting time frame for a public hearing; and authorizing a
public vote at the November general election.
WHEREAS, in November 2012, Washington State voters approved Initiative 502 ( "I-
502 "), codified in Chapter 69.50 RCW, which "authorizes the Washington State Liquor Control
Board to regulate and tax marijuana for persons twenty -one years of age and older," and license
marijuana retailers, producers, and processors; 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 - related businesses that will need to be monitored by the City; and
WHEREAS, the Washington State Liquor Control Board allotted five (5) retail
establishments within the City of Federal Way; and
WHEREAS, the City does not have any land use regulations regarding recreational
marijuana under I -502; and
WHEREAS, I -502 allows the City to regulate recreational marijuana by enacting zoning,
licensing, and/or health and safety requirements; and
WHEREAS, the State Legislature is currently considering legislation involving
recreational marijuana including E2SHB 2136; and
WHEREAS, in order to address I -502 and potential State legislation the City anticipates
the the need to amend its building, zoning, business, and public safety regulations; and
Ordinance No. 15 -788 Page I of 6
WHEREAS, the City is concerned that recreational marijuana- related uses could become
established in the City that are inconsistent with or conflict with future regulatory schemes; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt
moratoria; and
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 to allow for time
to determine how best to respond to I -502 within the City; and
WHEREAS, on October 21, 2014, the City of Federal Way City Council passed
Ordinance No. 14 -776 renewing the moratorium imposed by Ordinance No. 13 -749 for six
months; and
WHEREAS, the moratorium imposed by Ordinance No. 14 -776 applies to both medical
and recreational marijuana related activities; and
WHEREAS, on March 17, 2015, the City took separate action with regard to medical
marijuana by establishing a one -year moratorium with Ordinance No. 15 -787; and
and
WHEREAS, the moratorium imposed by Ordinance No. 14 -776 expires on May 5, 2015;
WHEREAS, the City desires for a new moratorium to take effect to coincide with the
May 5, 2015 expiration of the moratorium imposed by Ordinance No. 14-776; and
WHEREAS, the Council has determined that it is in the public interest to establish a
moratorium to evaluate and, if necessary, enact regulations under I -502 and further potential
State legislation; and
Ordinance No. 15 -788 Page 2 of 6
WHEREAS, a work group of City staff will develop a work program to analyze potential
changes to City zoning regulations that may be necessary to address state law, and to develop a
workable set of recommendations for local land use controls for safe and effective regulation of
recreational marijuana; and
WHEREAS, the City will hold a public hearing on the moratorium within 60 days of its
adoption; 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 after the expiration of the moratorium imposed by Ordinance No. 14-
776, justify the declaration of an emergency and the designation of this ordinance as a public
emergency ordinance necessary for the protection of the 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 foregoing whereas provisions are adopted as findings of fact.
(b) The moratorium is necessary to provide the City with sufficient time to study the
potential impacts of I -502, court decisions, and potential State legislation.
Ordinance No. 15 -788 Page 3 of 6
(c) 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 State Law.
Section 2. Moratorium Established. No recreational marijuana- related businesses, and
other activities involved in the retail, production, or processing of recreational marijuana shall be
allowed within the City. The City Clerk shall not accept nor issue recreational marijuana related
business applications or registrations for the duration of this moratorium.
Section 3. Work Plan. A work group consisting of representatives from Community
Development, Police, Finance, and the City Attorney's Office is hereby established to evaluate
any State legislation regarding recreational marijuana and develop draft regulations regarding
recreational marijuana related uses. This work plan allows City staff, the Planning Commission,
and the City Council time to review its development regulations to determine appropriate
development standards, and to move any proposed development code changes through
established governmental processes.
Section 4. Duration of Moratorium. This moratorium shall be in effect for one year from
the effective date of this ordinance
Section 5. Public Hearing. A public hearing for this moratorium will be held within 60
days of its adoption.
Section 6. Public Vote. If the State Legislature passes E2SHB 2136 with the preemption
and public vote language, and it is signed into law, the Mayor is authorized to submit a
prohibition on recreational marijuana to a binding vote of the people at the general election in
November 2015 as allowed in that bill; however, if E2SHB 2136 does not pass, is not signed into
law, or does not include the preemption and public vote language in the final bill, the Mayor is
Ordinance No. 15 -788 Page 4 of 6
authorized to submit an advisory vote regarding recreational marijuana to the people on the
ballot for the general election in November 2015.
Section 7. 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 8. 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 9. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall take effect and be in full force on May
6, 2015.
PASSED by the City Council of the City of Federal Way this 21 st day of April 2015.
CITY OF FEDERAL WAY
ATTEST:
4VAOW-'� &wlo-o -
CIT LERK, STEPHANIE CO JNEY, CMC
Ordinance No. 15 -788 Page 5 of 6
APPROVED AS TO FORM:
CITY AT&O AMY JO PEARSALL
FILED WITH THE CITY CLERK: 04/21/2015
PASSED BY THE CITY COUNCIL: 04/21/2015
PUBLISHED: 04/24/2015
EFFECTIVE DATE: 05/06/2015
ORDINANCE NO.: 15-788
Ordinance No. 15-788 Page 6 of 6