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ORDINANCE NO.2770
AN ORDINANCE AMENDING 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 amended as follows:
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 onlybe allowed with
in the City of Moses Lake municipal boundaries if appropriately licensed by the State of
Washington and in possession ofa current business license issued bythe Cityof Moses Lake,
and operated consistent withthe requirements of the State and all applicable Cityordinances,
rules,requirements,and standards.
C.Marijuana producers,marijuana processors,and marijuana retailers shall be the primary use
at a location, and shall only be allowed withinthe Cityof 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 MLMCChapter 18.30.
2. Marijuana producers and processors shall only be allowed in the H-l,Heavy Industrial
Zone,L-l LightIndustrial Zone and the Moses Lake Industrial Park defined and identified
in MLMC Chapter 18.40.
D. The production,processing,selling, or deliveryof 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)
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 marijuana processingfacilities shallbedesignedto include controls
and features to prevent odors from traveling off-site and being detected from a public place,
the public rightof 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.
ORDINANCE NO.2770
PAGE 2 May 26,2015
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 8a.m.f"*}
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 within1,000 feet of public
parks,playgrounds,recreation/communitycenters,libraries, childcarecenters,schools,game
arcades and publictransit 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.
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.
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 inbuildings withotheruses onlyifthe marijuana business is 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 RCW and Chapter314-55 WAC and other state statutes,as they nowexist or may
be amended.
P.Marijuana production,processing and retail sales must take place within fully enclosed and
indoor facilities.
Q. No marijuana production,processing,or delivery of marijuana shall be visible to the public nor
may it be visible through windows.A screened and secured loading dock,approved by the
Director shall be required.The objective of this requirement is to provide a secure,visual
screen from the public right of way and adjoining properties,and prevent the escape of odors
when delivering or transferring marijuana,useable marijuana,and marijuana-infused products.
R. Allmarijuana producers,processors and retailers shall allow inspection of thesiteand facilities
by City personnel including law enforcementfor compliance with all 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:
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ORDINANCE NO.2770
PAGE 3 lay 26,2015
a. A marijuana State Liquor Control Board licensee;or
b.an applicant for a State Liquor Control Board marijuana license.
The application shall include a copy of the State issued license or a copy of the license
application on file with the State Liquor Control 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
least 1,000 feetfrom all uses specified in RCW 69.50.331 and WAC 314-55-050.A survey
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. Allfertilizers,chemicals,gases,and hazardous materials shall be handled in compliance with
all applicable local,state and federal regulations.No fertilizers,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.
Section 2.This ordinance shall take effect and be in force 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 May 26,2015.
ATTEST:
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W.Robert'Taylor,Finance Director
APPROVED AS TO FORM:
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e/ine L.Kenison, CityAttorney
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Dick Deane,Mayor