ORD NO. 2014-06 RELATED TO MARIJUANA REGULATIONSORDINANCE NO. 2014-06
AN ORDINANCE of the City of Bainbridge Island, Washington, repealing
interim zoning regulations adopted under Ordinance No. 2013 -32; establishing
zoning regulations relating to marijuana processing, producing /growing, retailing
and collective gardens; amending Bainbridge Island Municipal Code Sections
5.04.055, 18.09.020, 18.09.030, and 18.36.030; and providing for severability and
an effective date.
WHEREAS, in 2012 Washington voters approved Initiative 502 which authorizes
certain production, processing and retailing of marijuana, codified in relevant part at RCW
69.50.325, et seq., and directed the State Liquor Control Board to develop rules and regulations
to:
1. Determine the number of retailers of marijuana by county and city;
2. Develop licensing and other regulatory measures;
3. Issue licenses to producers, processors, and retailers at locations which comply
with the Initiative's distancing requirements prohibiting such uses within one thousand
feet of schools and other designated public facilities; and
4. Establish a process for municipalities to comment prior to the issuance of such
licenses; and
WHEREAS, the State Liquor Control Board adopted such regulations promulgated at
chapter 314 -55 of the Washington Administrative Code effective November 21, 2013; and
WHEREAS, while the production, processing, and retailing of marijuana remains in
violation of the federal Controlled Substances Act, the City Council wishes to acknowledge the
will of Bainbridge Island voters and the authority exercised by the state of Washington and the
State Liquor Control Board to license such facilities; and
WHEREAS, Initiative Measure No. 692, approved by the voters of Washington State on
November 30, 1998 and codified as chapter 69.51A RCW, created an affirmative defense for
"qualifying patients" to the charge of possession of marijuana (cannabis); and
WHEREAS, in April 2011 the Washington State Legislature passed a bill (E2SSB 5073)
to provide qualifying patients with a new means of access to medical marijuana, authorizing
"collective gardens" which would allow qualifying patients the ability to produce, grow, process,
transport and deliver marijuana for medical use, and that provision was approved by Governor
Gregoire, effective on July 22, 2011 and codified at RCW 69.51A.085; and
WHEREAS, on March 31, 2014, the Court of Appeals, Division 1, in Cannabis Action
Coalition v. City of Kent, held that despite the authorizing language in RCW 69.51A.085,
collective gardens are illegal uses; and
WHEREAS, the Planning Commission conducted study sessions on January 9 and 23
and February 13 and 27, 2014, and
Approved May 12, 2014
WHEREAS, the Planning Commission conducted a public hearing on March 13, 2014
and forwarded their recommendation to the City Council; and
WHEREAS, the City Council conducted a public hearing on recreational and medical
marijuana related uses on May 12, 2014; and
WHEREAS, notice was given on March 14, 2014 to the Office of Community
Development at the Washington State Department of Commerce in conformance with RCW
36.70A.106; and
WHEREAS, nothing in this ordinance is intended nor shall be construed to authorize or
approve of any violation of federal or state law; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The interim zoning regulations and moratorium adopted under Ordinance
No. 2013 -32 are hereby repealed in their entirety.
Section 2. Section 5.04.055 of the Bainbridge Island Municipal Code relating to
conduct associated with business licenses is amended as follows:
5.04.055 Standards of conduct.
Every licensee under this chapter shall:
A. Permit reasonable inspections of the business premises by governmental
authorities for the purpose of enforcing the provisions of this chapter;
B, Comply with all federa4, state and city statutes, laws, ordinances and
regulations relating to the business premises and the conduct of the business
thereon;
Section 3. Section 18.09.020 of the Bainbridge Island Municipal Code is amended to
add marijuana- related uses as shown in Exhibit A.
Section 4. Section 18.09.030 of the Bainbridge Island Municipal Code, Use Specific
Standards, is amended to add the following subsection:
K. Marijuana - Related Uses
1. The production, processing and retailing of marijuana is and remains illegal
under federal law. Nothing herein or as provided elsewhere in the ordinances of
the City of Bainbridge Island is an authorization to circumvent federal law or to
provide permission to any person or entity to violate federal law. Only
Approved May 12, 2014
Washington State licensed marijuana producers. processors, and marijuana
retailers may locate in the City of Bainbridge Island and then only pursuant to a
license issued by the State of Washington, The purposes of these provisions is
solely to acknowledge the enactment by Washington voters of Initiative 502 and
state licensin - procedures to permit, but only to the extent required by state law,
marijuana processors, marijuana producers and marijuana retailers to operate in
designated zones of the city.
2. In addition to any other applicable remedy and /or penalty, any violation of
this section is declared to be a public nuisancener se, and may be abated by th
city attorney under the applicable provisions of this code or state law, including
but not limited to the provisions of Chapter 1.24 BIMC, Chapter 1.26 BIMC and
Chapter 9.40 BIMC.
3. No mariivana nrocessor, marijuana producer or mariivaaaa 1-etailtr shall
locate within 1000 feet, measured in the manner set forth in WAC 314 -55-
050(10), from any of the following existing uses as defined in Section 314 -55 -010
WAC:
a. Elementary or secondary school;
b. Playground;
c. Recreation center or facility;
d.
Childcare center;
e.
Public park,
f.
Public transit center;
g.
Library; or
h.
Game arcade.
4. Marijuana Retailer: Marijuana retailing, is a permitted use in the Mixed
Use Town Center, High School Road, and Neighborhood Service Center zoning
districts. A marijuana retailer business is only allowed in the Island Center
Lynwood Center, and Rolling Bay NSC Special Planning Areas. A site plan and
design review permit may be required, pursumt to _Section 2.16.040.B, Site Plans
and Design Review Applicability.
5. Marijuana Processors: Marfuana processing is a permitted use in the
Business /Industrial coning district. A site lean and design review permit is
required and must be approved prior to any city _approval ol' business_l_icensesor
other required permits.
6. Marijuana Producers: Indoor marijuana production is a permitted use in
the Business /Industrial zoning district subject to the following conditions:
a. A site plan and design review permit is required and must be approved
prior to any city al2proval of business licenses or other required
permits;
b. The business must integrate a system that reuses at least 25 percent of
wastewater within two years of initial crop planting,
Approved May 12, 2014
c. The business must reduce the use of fossil -fuel based electricity as
described below:
i. At least 25 percent of business electricity consumption from
Island - generated reusable energy within nine months of initial crop
planting;
ii. At least 50 percent of business electricity consumption _from
Island - generated reusable energy within two years of initial crap
planting; and
iii. The city may request documentation or a monitoring report to
ensure that the renewable energy and water reuse standards are
being met.
? No marijuana- related uses are allowed on city- o,,N,ned property.
Section 5. Section 18.36.030 of the Bainbridge Island Municipal Code is amended to
add the following definitions in alphabetical order in the section and re- number the existing
definitions:
50. "Collective Gardens" means a type of medical marijuana use described in RCW
69.51A.085.
149. "Marijuana" or "marihuana" means all ppAs of the plant Cannabis whether gr owin
or not with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds
thereof the resin extracted from any part of the plant: and eyea coin pound, manufacture
salt, derivative, rnixture, 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, oil or 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.
150. "Marijuana concentrates" means products consisting wholly or in part of the resin
extracted from any part of the plant Cannabis and having a THC concentration greater
than sixty erp cent.
15 1. "Marijuana processor" means a person licensed by the state liquor control board to
process marijuana into useable marijuana, marijuana - infused products, and marduana
concentrates package zind label useable marijuana, marijuana- infused products, and
marijuana concentrates for sale in retail outlets, and sell useable marijuana, marijuana
infused products, and marijuana concentrates at wholesale to marijuana retailers.
152. "'Marijuana producer" means a person licensed by the state liquor control board to
produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers.
153. "Marijuana - infused products" means products that contain marijuana or marijuana
extracts, are intended for human use, and have a TIC concentration greater than 0.3
Approved May 12, 2014
percent and no ,greater than sixty percent. The term "marijuana- infused products" does
not include either useable marijuana or marijuana concentrates.
154 "Marijuana retailer" means a person licensed by the state liquor control board to sell
useable marijuana marijuana- infused products, and marijuana concentrates in a retail
outlet.
155. "Useable marijuana" means dried marijuana flowers. The term "useable marijuana"
does not include either marijuana- infused products or marijuana concentrates.
Section 6. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause
or phrase of this ordinance.
Section 7. Effective Date. This ordinance shall take effect and be in force five (5)
days from its passage, approval, and publication as required by law.
Section 8, Expiration Date. The regulations in this ordinance shall expire and be
automatically repealed effective November 12, 2014.
PASSED BY THE CITY COUNCIL this 12th day of May, 2014.
APPROVED BY THE MAYOR this 15th day of May, 2014.
ATTEST /AUTHENTICATED:
Rosalind D. Lassoff, CM0,11ty Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 2014 -06
Approved May 12, 2014
Anne S. Blair, Mayor
April 1, 2014
May 12, 2014
May 16, 2014
May 21, 2014
Marfivana Retailer
■ ��
Madivana Processor
Mariouana Producer
2 A marijuana retailer business is only allowed in the Island Center, Lynwood Center, and Rolling Bay NSC Special Planning Areas.
EXHIBIT A