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Home My WebLink AboutORD 5707CITY OF RENTON, WASHINGTON ORDINANCE NO. 5707 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, SECTIONS 4-2-060 AND 4-2-080 OF CHAPTER 2, ZONING DISTRICTS - USES AND STANDARDS, AND SECTIONS 4-11- 090 AND 4-11-130 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY ADDING REGULATIONS AND DEFINITIONS RELATED TO THE USE, PRODUCTION, PROCESSING, AND SALES OF RECREATIONAL MARIJUANA. WHEREAS, the City of Renton adopted a moratorium on accepting application for business licenses or permits for medical and/or recreational marijuana November 4, 2013; and WHEREAS, the moratorium was adopted to allow the City of Renton time to study existing and potential impacts from land uses associated with marijuana and to allow for a public hearing and/or input process; and WHEREAS, the Planning Commission duly studied and considered state regulations for recreational marijuana; and WHEREAS, on February 19, 2014, the Planning Commission held a public hearing on the matter ofthe proposed regulations for recreational marijuana; and WHEREAS, on March 5, 2014, the Planning Commission deliberated and made a recommendation regarding recreational marijuana; and WHEREAS, the State Legislature has legislation regarding medical marijuana pending and City action regarding medical marijuana shall comply with the action taken by the Legislature, making an extension of the moratorium on accepting applications for business licenses or permits necessary; and 1 ORDINANCE NO. 5707 WHEREAS, no businesses that were engaged in the production, processing, or sales of marijuana prior to the enactment of this ordinance shall be deemed to have been a legally established use or entitled to claim legal non-conforming status; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) ofthe Renton Municipal Code, is amended to add a new section 4-1-250, entitled "Marijuana Regulations", to read as follows: 4-1-250 MARIJUANA REGULATIONS: A. PURPOSE: The City of Renton, in an effort to comply with state law has adopted marijuana laws that are intended to be consistent with RCW 69.50, entitled Uniform Controlled Substances Act, and RCW 69.51A, entitled Medical Cannabis, as they exist or may be amended. B. AUTHORITY: The City of Renton derives its authority to act on marijuana use, production, processing, and sales within its jurisdiction from Washington State Constitution Article XI, Section 11, entitled Police and Sanitary Regulations, RCW Chapters 69.50 and 69.51A, as they exist or may be amended, its authority to regulate zoning within its jurisdiction, and any and all other authority granted to Renton by the state legislature and the Washington State Liquor Control Board. 2 ORDINANCE NO. 5707 C REGULATION: By accepting a license issued pursuant to this chapter and/or RMC 5-5, entitled Business Licenses, as they exist or may be amended, a licensee, jointly and severally, if more than one, agrees to indemnify and defend the City, its officers, elected officials, employees, attorneys, agents, insurers, and self-insurance pool, if any, against all liability, claims and demands, on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the operation of the marijuana-related business that is the subject of the license. The licensee further agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims, or demands at its expense, and to bear all other costs and expenses related thereto, including court costs and attorney fees. The Administrative Services Administrator may require a licensee to execute a written instrument confirming the provisions of this chapter. D. LICENSE REQUIREMENT: Ail business licenses related to marijuana shall contain language that substantially conforms to the following: 1. Renton shall not be responsible or liable for any claim, defense, or anything related to the operation of a marijuana-related business activity. 3 ORDINANCE NO. 5707 2. By signing the business license application, the licensee accepts, agrees and acknowledges that it shall not have any claim again Renton related to any claim, defense, or loss related to the operation of a marijuana-related business activity, and that the applicant shall hold Renton absolutely harmless for any such claim, defense or loss. RMC 4-1-250 shall govern the licensees responsibilities in the event of a claim, defense, or loss related to the operation of a marijuana-related business activity. 3. By signing the business license application, the licensee accepts, agrees and acknowledges that under Federal law, and more specifically the Supremacy Clause of the United States Constitution, Article VI, Paragraph 2, federal law generally takes precedence over Washington State laws, and even the Washington State Constitution. 4. Based on the Supremacy Clause and federal law in general, the applicant may still be subject to arrest, prosecution, imprisonment, and/or fines for violating federal law, the Renton shall have no dutv, responsibilitv, or liabilitv based on any of those events, and that Renton may be the entity to arrest, prosecute, imprison or fine the applicant. E. ZONING: Marijuana zoning can be found in RMC 4-2-060. SECTION II: Subsection 4-2-060.1, Retail, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) ofthe Renton Municipal Code, is amended to 4 ORDINANCE NO. 5707 add a new line, in alphabetical order, to be entitled "Marijuana Retail", as shown below. The rest ofthe subsection shall remain as currently codified. I. RETAIL ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIA L COMMERCIAL ZONING DESIGNATIONS USES: RC R-l R-4 R-8 RM H R-10 R-14 R M IL IM IH CN CV CA CD CO COR UC- Nl UC-N2 Marijuana Retail (RMC 4-1-250) AD P AD £21 P82 P92 SECTION II: Subsection 4-2-060.N, Industrial, of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) ofthe Renton Municipal Code, is amended to add a new line, in alphabetical order, to be entitled "Industrial, Heavy", as shown below. The rest ofthe subsection shall remain as currently codified. N. INDUSTRIAL ZONING USE TABLE RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS USES: RC R-l R-4 R-8 RM H R-10 R-14 R M IL IM IH CN CV CA CD CO COR UC- Nl UC-N2 Industrial, Heavy P14 SECTION III: Subsection 4-2-080.A. 14 of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations) ofthe Renton Municipal Code, is amended as follows: 14. Reserved. Marijuana Producers and Processors must be located entirely within a permanent enclosed structure with a roof. 5 ORDINANCE NO. 5707 SECTION IV: Section 4-11-090, Definitions I, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is amended so the definition of "Industrial Use, Heavy", is revised as follows: INDUSTRIAL USE, HEAVY: A type of land use including manufacturing processes using raw materials, extractive land uses or any industrial uses which typically are incompatible with other uses due to noise, odor, toxic chemicals, or other activities posing a hazard to public health and safety. Examples include marijuana producers and marijuana processors. SECTION V: Section 4-11-130, Definitions M, of Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code, is amended to add definitions of "Marijuana Retail", "Marijuana Producer", and "Marijuana Processor", to read as follows: MARIJUANA RETAIL: A person or business entity that is licensed by the Washington State Liquor Control Board, under RCW 69.50.354 (Retail outlets licenses), RCW 69.50.357 (Retail outlets - Rules), and related sections of the RCW, as they exist or may be amended, to sell useable marijuana and/or marijuana infused products and restrict entry to the premises to persons twenty one (21) years of age and older. MARIJUANA PRODUCER: A person or business entity that is licensed by the Washington State Liquor Control Board, under RCW 69.50.325 (Marijuana producer's license), and related sections of the RCW, as they exist or may be amended, to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. 6 ORDINANCE NO. 5707 MARIJUANA PROCESSOR: A person or business entity that is licensed by the Washington State Liquor Control Board, under RCW 69.50.325 (Marijuana producer's license) and/or RCW 69.50.328 (Marijuana producers, processors -- No direct or indirect financial interest in licensed marijuana retailers), and related sections of the RCW, as they exist or may be amended, to process, package, and label useable marijuana and marijuana-infused products for sale at wholesale to marijuana retailers. SECTION VI. This ordinance shall be effective upon its passage, approval, and five (5) calendar days after publication PASSED BY THE CITY COUNCILthis 24th day of March , 2014. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 24th day of March , 2014. Denis Law, Mayor Approved as to form: Date of Publication: Lawrence J. Warren, City Attorney 03/28/2014 (Summary) ORD:1816:3/12/14:scr 7