ORD 15-806 - Prohibiting Marijuana-Related BusinessesORDINANCE NO. 15 -806
AN ORDINANCE of the City of Federal Way, Washington, relating
to prohibiting all marijuana - related businesses including retail,
production, and processing and ending a moratorium on recreational
marijuana - related businesses and other activities involved in the
retail, production, and processing of recreational marijuana.
(Repealing Ordinance No. 15 -788)
WHEREAS, in November 2012, Washington State voters approved Initiative 502 (I-
502), codified in Chapter 69.50 RCW, which "authorizes the Washington State Liquor and
Cannabis Board to regulate and tax marijuana for persons twenty -one years of age and older,"
and license marijuana producers, processors, and retailors; 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 January 16, 2014, the Washington State Attorney General issued an
opinion (AGO 2014 -2) offering the opinion that I -502 does not preempt counties, cities, and
towns from banning marijuana production, processing and retail businesses within their
jurisdictions, and concluding that the issuance of a license from the Liquor and Cannabis Board
does not entitle licensees to locate or operate a marijuana production, processing, or retail
business in violation of local rules or without necessary approval from local jurisdictions,
concluding that local jurisdictions are permitted under the law to prohibit such activities; and
WHEREAS, staff prepared draft code amendments regulating the siting of recreational
marijuana - related businesses, including marijuana production, processing, and retail sales; and
Ordinance No. 15 -806 Page 1 of 5
WHEREAS, the Planning Commission conducted a public workshop on the proposed
code amendments on August 20, 2014; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly
issued for the draft code amendments on September 5, 2014, and no comments or appeals were
received and the DNS was finalized on October 3, 2014; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on the draft code amendments on September 17, 2014; and
WHEREAS, during the public hearing, the Planning Commission discussed the proposed
code amendments and identified concerns regarding the relationship of marijuana- related
businesses with other permitted uses that could potentially locate near them; and
WHEREAS, following discussion of the proposed code amendments, the Planning
Commission voted to forward a recommendation to prohibit marijuana- related businesses in the
City to the City Council; and
WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council
considered the Planning Commission's recommendation on October 6, 2014, recommended
adoption of the Planning Commission recommendation, and additionally voted to recommend
that the moratorium on medical marijuana be extended; and
WHEREAS, the City Council considered zoning regulations for marijuana - related
businesses in the City at meetings on October 21, 2014 and February 17, 2015; 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
Ordinance No. 15 -806 Page 2 of 5
WHEREAS, on March 17, 2015, the City Council did not approve Council Bill #670, a
proposed ordinance that would have zoned and regulated recreational marijuana- related
businesses within the City of Federal Way, and also passed Ordinance No. 15 -787 imposing a
one -year moratorium on medical marijuana - related businesses, collective gardens, dispensaries,
and other activities involved in the sale, manufacture, or distribution of medical marijuana; and
WHEREAS, on April 21, 2015 the City of Federal Way City Council passed Ordinance
No. 15 -788 imposing a one -year moratorium on recreational marijuana- related businesses and
other activities involved in the retail, production, and processing of recreational marijuana and
also authorizing the Mayor to submit an advisory vote regarding recreational marijuana to the
people on the ballot for the November 2015 general election; and
WHEREAS, on April 24, 2015, the Governor signed into law Second Substitute Senate
Bill No. 5052, "The Cannabis Patient Protection Act ", which aligns the medical marijuana
system with the existing recreational system; and
WHEREAS, Advisory Proposition No. 1 was a non - binding advisory vote that allowed
residents to inform the Federal Way City Council whether they were for or against marijuana -
related businesses locating within the City of Federal Way; and
WHEREAS, Advisory Proposition No. 1 did not pass, with 61% voting "No "; and
WHEREAS, the Council had a marijuana legislation update at their meeting on
November 17, 2015; and
WHEREAS, the Council considered the advisory vote results at their meeting on
December 1, 2015; and
WHEREAS, the Council finds that the majority of voters within the City are opposed to
marijuana- related businesses locating within the city limits; and
Ordinance No. 15 -806 Page 3 of 5
WHEREAS, the City Council finds that prohibiting marijuana- related businesses,
including marijuana production, processing and retail sales, as a land use is in the best interest of
the citizens of the City of Federal Way; and
WHEREAS, the recreational marijuana - related businesses moratorium is made
unnecessary by this ordinance and should be repealed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Marijuana - related businesses, both medical and recreational, such as marijuana
production, processing, or retail sales, as may be allowed by Chapter 69.50 RCW, as now
existing or hereafter amended, are expressly prohibited from locating or operating in any zone
within the City of Federal Way.
Section 2. Ordinance No. 15 -788 is hereby repealed in its entirety.
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. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 15 -806 Page 4 of 5
Section 6. 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 1St day of December, 2015.
CITY OF FEDERAL WAY
ATTEST:
APPROVED AS TO FORM:
TNEY, CMC
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 15 -806
11/25/2015
12/01/2015
12/04/2015
01/03/2016
15 -806
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