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ORDINANCE NO.2731
AN ORDINANCE CREATING CHAPTER 18.50 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "RECREATIONAL MARIJUANA BUSINESSES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 18.50 of the Moses Lake Municipal Code entitled "Recreational Marijuana Businesses"
is created as follows:
18.50.010 Intent: In November,2012,Washington voters passed Initiative502, which establishes precedent
for the production,processing and retail sale of marijuana for recreational purposes.Pursuantto
RCW Title 69 and the requirements of Chapter 314-55 WAC, the State has adopted rules
establishing a state-wide regulatory and licensing program for recreational marijuana uses.
It is the intent of these regulations to ensure that such state-licensed uses are located and
developed in a manner that is consistent with the desired character and standards of this
communityand its neighborhoods,minimizespotentialincompatibilitiesand impacts, and protects
the public health,safety and general welfare of the citizens of Moses Lake.Recognizing the voter-
approved rightto establish certain types of recreational marijuana businesses,itisalso the intent
of these regulations to provide reasonable access to mitigate the illicit marijuana market and the
legal and personal risks and community impacts associated with it.
18.50.020 Applicability:The provisions of this Section shall apply only within the City limits as currently
adopted.The specific development standards provided inthis Section shall be inaddition to the
zoning and development standards generally applicable to the proposed use and the relevant
zoning district.
A. Nouse that purportsto be a recreational marijuana producer,processor or retailer,asdefined
and regulated herein and in WAC 314-55,that was engaged in that activity prior to the
enactmentofthis ordinance shall be deemed to have been a legallyestablished useor entitled
to claim legal non-conforming status.
B.For purposes of this Section and the standards applicable to state-licensed recreational
marijuana uses, the terms and definitions provided in RCW Title 69 and WAC 314-55 shall
generally apply unless the context clearly indicates otherwise.
18.50.030 Definitions:All definitions used in this chapter apply to this chapter and only and,except as
otherwise revised below,shall have the meaning established pursuant to RCWTitle69 and WAC
314-55,as the same exist nowor as they may later be amended.Selected definitionshave been
included below for ease of reference.
A. Marijuanaor marihuana: Marijuanaor marijuana asdefined inRCW69.50.101 meansallparts
of the plant Cannabis, whether growing or not,with a THC concentration greater than 0.3
percent ona dryweightbasis; the seeds thereof;the resinextracted fromanypartofthe plant;
and every compound, manufacture, salt,derivative,mixture,or preparation of the plant,its
seeds or resin.The term does not include the mature stalks of the plant, fiber produced from
the stalks, oilor cake made from the seeds of the plant, any other compound,manufacture,
salt, derivative, mixture or preparation of the mature stalks (except the resin extracted
therefrom),fiber,oil,or cake, or the sterilized seed of the plant which is incapable of
germination.
B. Marijuana Processor:Marijuana Processor as defined in RCW 69.50.101,means a person
licensed bythe state liquorcontrol board to process marijuana into useable marijuana and
marijuana-infused products, package and label useable marijuana and marijuana-infused
products for the sale in retail outlets, and sell useable marijuana and marijuana-infused
products at wholesale to marijuana retailers.
ORDINANCE NO.2731
PAGE 2 September 23, 2014
C.Marijuana Producer:Marijuana Producer as defined in RCW 69.50.101,means a person
licensed by the state liquor control board to produce and sell marijuana at whole sale to
marijuana processors and other licensed marijuana producers.
D.Mariiuana-lnfused Products:Marijuana-infused Products as defined in RCW 69.50.101,
means productsthatcontain marijuanaor marijuanaextracts,are intended forhuman use,and
have a THC concentration greater than 0.3 percent and no greater than sixty percent.The
term "marijuana-infused products"does not include either useable marijuana or marijuana
concentrates.
E. Marijuana Retailer: Marijuana Retailer as defined in RCW 69.50.101,means a person licensed
by the state liquor control board to sell useable marijuana and marijuana-infused products in
a retail outlet.
F. Marijuana Production.Processing and Retail Sales:As used in this ordinance,any reference
to marijuana production,processing and retail sales shall refer ONLY to RECREATIONAL
marijuana production,processing and retail sales.
G. Cultivation: Cultivation means the planting, growing,harvesting,drying or processing of
marijuana plants or any part thereof.
H.Indoors:Indoors means within a fully enclosed and secure structure that complies with the
International Building Code,as adopted by the City of Moses Lake, that has a complete roof
enclosure supported by connecting walls extending from the ground to the roof,and a
foundation,slab,or equivalentbaseto which the floor is securelyattached.The structure must
besecure against unauthorized entry,accessible only through twoor more lockabledoors,and
constructed of solid materials that cannot be easily broken through.Plastic sheeting,
regardless of gauge,or similar products do not satisfy this requirement.
I.Outdoors:Outdoors means anylocation that is not"indoors"within a fullyenclosed and secure
structure as defined herein.
J.Useable Marijuana:Useable Marijuana means dried marijuana flowers.The term "useable
marijuana"does not include marijuana-infused products.
18.50.040 Environmental performance standards:
A. Failureof the enforcing officer to require such information shall not be construed as relieving
the operator and/or the proprietor from compliance with the environmental performance
standards of this title.
B. Marijuana producers,processorsand retailsalesshall incorporateodor control technologyand
provisions to ensure that emissions do not exceed Washington Clean Air Act regulations as
contained in Chapter 70.94 RCW.
18.50.050 Development requirements:
A. Marijuana producers,marijuana processors,and marijuana retailers shall only be permitted
as allowed under RCW 69.50 and WAC 314-55 and shall only be operated by persons or
entities holding a valid marijuana license from the Washington State Liquor Control Board
issued under Chapter 314-55 WAC and any other applicable state laws and regulations.
B. Marijuana producers,marijuana processors,and marijuana retailers shall only be allowed with
in the City of Moses Lake municipal boundaries if appropriately licensed by the State of
Washington andinpossession ofacurrentbusiness licenseissued bythe Cityof Moses Lake,/""""N
and operated consistent with therequirements oftheState and all applicable City ordinances,'
rules,requirements,and standards.
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ORDINANCE NO.2731
PAGE 5 September 23, 2014
18.50.080 Off-Street Parking:Off-street parking shall be provided in accordance with MLMC Chapter 18.54.
18.50.090 Landscaping,Buffering,Fencing and Solid Waste Receptacles:Landscaping shall be provided
in accordance with MLMC Chapter 18.57.
18.50.100 Building and Development Guidelines:Developments shall comply with the requirements of
MLMC Chapter 16.02,Building Permits.
18.50.110 Site Plan Review: Commercial developments shall comply with the requirements of MLMC
Chapter 18.49.
18.50.120 Security: Shall meet allsecurity requirements as required byWAC 314-55-083 and shall provide
proof of such operational security system priorto issuance of a business license. Inaddition to
the security requirements in Chapter 314-55 WAC, during non-business hours, all recreational
marijuana producers,processors,and retailers shall store all useable marijuana,
marijuana-infused product, and cash ina safe or ina substantially constructed and locked cabinet.
The safe or cabinet shall be incorporated into the building structure or securely attached thereto.
For useable marijuana products that must be kept refrigerated or frozen,these products may be
stored ina locked refrigerator or freezer container ina mannerapproved bythe Director, provided
the container is affixed to the building structure.
18.50.130 Violations: Violations of this chapter shall be subject to enforcement action as provided in the
Uniform Controlled Substances Act, Title 69 RCW,as well as,subject to enforcement actions for
violations of the Moses Lake Municipal Code.
Section 2. Severability:If any section,sentence,clause or phrase ofthis Ordinance shall be held to be invalid
or unconstitutional bya court ofcompetentjurisdiction,such invalidity or unconstitutionalityshall notaffect the
validityor constitutionality of any other section,sentence,clause or phrase of this ordinance.
Section 3.This ordinance shall take effect and be inforce five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on September 23, 2014.
Dick Deane,Mayor
ATTEST:
W.Robert Taylor,F^ftarjce Director
APPROVED AS TO FORM:
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Katherine L.Kenison,City Att
ORDINANCE NO.2731PAGE3 _September 23,2014
I C.Marijuana producers,marijuana processors,and marijuana retailers shall be the primary useK^J at alocation,and shall only be allowed within the City of Moses Lake in those zoning districts
where it is specifically identified as an allowed use.
1.Marijuana retailers shall only be allowed in the C-1A Transitional Commercial and C-2
General Commercial and Business zones defined and identified in MLMC Chapter18.30.
2.Marijuana producersand processorsshallonly be allowed in the L-l Light Industrial Zone
and the Moses Lake Industrial Park defined and identified in MLMCChapter 18.40.
D.The production,processing,selling,or delivery of marijuana,marijuana-infused products,or
useable marijuana may not be conducted alone or in association with any business
establishments,dwelling unit,or home occupation located in any of the following zoning
districts in the City of Moses Lake:
Business Park (BP)
Central Business District (C-1)
Conservation and Reclamation (C-R)
Heavy Industrial (H-l)
Neighborhood Commercial (NC)
Public (P)
Residential,Single Family (R-1)
Residential,Single Family and Duplex (R-2)
Residential,Multi-Family (R-3)
Rural Residential (R-4)
E.Marijuana production and marijuanaprocessing facilities shallbedesigned toincludecontrols
.,and features to prevent odors from traveling off-site and being detected from a publicplace,
\J the public right of way,or properties owned or leased by another person or entity.
F. Marijuana retailers shall not include drive-thru, exterior, or off-site sales.Marijuana retailers
shall not be located in a mobile or temporary structure.
G. In accordance with WAC 314-55-147,marijuana retail sales shall not be open to the public
between the hours of 12 a.m.and 8 a.m.
H.Signage for marijuana production,processing and retail businesses shall be subject to the
requirements of WAC 314-55-155 and MLMC Chapter 18.58,whichever is more restrictive.
No off-premises signage is permitted.
I.Displays against or adjacent to exterior windows shall not include marijuana or marijuana
paraphernalia.
J. As provided in RCW 69.50.331 and WAC 314-55-050, marijuana producers,marijuana
processors,and marijuana retailers,shall not be allowed to locate within 1,000 feet of public
parks,playgrounds,recreation/community centers,libraries, child carecenters,schools,game
arcades and public transit centers.For purposes of this standard,these uses are defined in
WAC 314-55.The methodology for measuring the buffers shall be as provided inWAC 314-
55. It shall be the responsibility of the owner or operator of the proposed state-licensed
marijuana use to demonstrate and ensure that a proposed location is not within one of the
buffers.
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K.Anexisting non-conforming use located withina zoning district thatwould otherwise not permit
marijuana uses,such as an old convenience store ina residential district, shall not be allowed
to convert to a marijuana use.
L.Marijuana producers,marijuana processors and marijuana retailers shall connect to all City
of Moses Lake utilities.
ORDINANCE NO.2731
PAGE 4 September 23, 2014
M. Marijuana production,processing and retail sales are not permitted as a home occupation
under MLMC Chapter 18.55.
N. Retail marijuana sales may not be located within any other businesses,and may only be
located inbuildingswith other usesonlyifthe marijuana businessis separated byfull walls and
with a separate entrance.No more than one marijuana retail business shall be located on a
single parcel.
O.Marijuana production,processing and retail sales are subject to all applicable requirements
of Title 69 RCWand Chapter 314-55 WAC and other state statutes,as they nowexistor may
be amended.
P. Marijuana production,processing and retail sales must take place within fully enclosed and
indoor facilities.
Q. Nomarijuana production,processing,ordeliveryofmarijuana shall be visibletothe publicnor
may it be visiblethrough windows. A screened and secured loading dock,approved bythe
Director shall be required.The objective of this requirement is to provide a secure,visual
screen from the public rightofway and adjoining properties,and preventthe escape of orders
when deliveringortransferring marijuana,useable marijuana,and marijuana-infused products.
R.All marijuana producers,processorsand retailers shall allow inspection ofthe site and facilities
byCity personnel including law enforcement for compliance withall applicable state and local
permits and licenses at any time during regular business hours.
S. An application for a recreational marijuana business shall include the following information in
addition to any application requirements required by the underlying zone:
1.The application shall be made by:
a. A marijuana State Liquor Control Board licensee;or
b. an applicant for a State LiquorControl Board marijuana license.
The application shall include a copy of the State issued license or a copy of the license
application on filewiththe State LiquorControl Board. A City business license shall not
be issued for a recreational marijuana business unless the applicant is a State Liquor
Control Board marijuana licensee;
2. A map drawn to scale showing that the proposed recreational marijuana business is at
least1,000 feetfrom all uses specified inRCW 69.50.331 and WAC 314-55-050.Asurvey
prepared by a surveyor licensed in the state of Washington may be required by the
Director;and
T. A recreational marijuana business shall meet all security requirements as required by WAC
314-55-083 and shall provide proof of such operational security system prior to issuance of a
City business license.
U.All fertilizers,chemicals,gases,and hazardous materials shall be handled in compliance with
allapplicable local,stateand federal regulations. Nofertilizers,chemicals,gases or hazardous
materials shall be allowed to enter a sanitary sewer or storm sewer system,nor be released
into atmosphere outside of the structure where the business is located.
18.50.060 Site Requirements:Shall meet all requirements set forth in the underlying zone.
18.50.070 BuildingAllowance.Height.Size.Placement.SetbackRequirements:Shall meetall requirements
set forth in the underlying zone.
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