ORD 2015-09 RELATING TO BUSINES LICENSE REQUIREMENTS FOR MARIJUANA PRODUCTION/PROCESS/RETAILORDINANCE NO. 2015-09
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
business licensing requirements for marijuana production, processing, and
retailing, adding a Section 5.04.045 to the Bainbridge Island Municipal Code
(BIMC), and establishing an effective date.
WHEREAS, I -502 was approved by the Washington State voters on November 6, 2012,
became effective 30 days thereafter, and is codified in RCW 69.50;
WHEREAS, in response to the passage of I -502, the City of Bainbridge Island adopted
BIMC 18.09.030(K) to address the zoning and development regulations applicable to marijuana
processing, production, and retail sale activities; and
WHEREAS, the City desires to amend its business license regulations in BIMC Chapter
5.04 to address the process under which business license applications for marijuana processing,
production, or retail sale shall be reviewed and approved;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. BIMC Section 5.04.045, "State marijuana license required for any marijuana
business," is hereby added to Chapter 5.04 of the City of Bainbridge Island Municipal Code to
read as follows:
5.04.045 State marijuana license required for any marijuana business.
A. Businesses that are subject to the requirements of Chapter 314 -55 WAC
for marijuana businesses shall first obtain a valid business license (UBI
Number) issued by the State of Washington under the aforesaid chapter
before obtaining a City of Bainbridge Island business license or
conducting a marijuana business in the City.
B. Applicants for a City of Bainbridge Island business license must provide
the City a copy of the marijuana business license issued by the
Washington State Liquor Control Board pursuant to WAC Chapter 314-
55 -035 prior to issuance of a City business license. For annual renewals of
the City business license for operation of a marijuana business, the
business must provide a copy of the marijuana license issued by the
Washington State Liquor Control Board pursuant to WAC 314 -55 -035
with the City's renewal application.
C. In addition to the standard business license fee, an application for a
marijuana business license shall be accompanied by a one -hour fee,
pursuant to the fees adopted under BIMC 1.28.035, to cover the City's
additional relevant costs, including but not limited to coordination with the
state, and research regarding required land use and distance separations.
D. No person shall be deemed to have any entitlement or vested right to
licensing under this Chapter by virtue of having received any prior license
or permit from the City, including, by way of example, any zoning permit,
medical marijuana license, wholesale food manufacturer's license, or any
other license. In order to lawfully engage in the business of producing,
processing or selling recreational marijuana in the City, a person must
qualify for and obtain a license in accordance with this Chapter and
Chapter 314 -55 WAC.
E. Prior to the City's issuance of the business license herein, the applicant
shall obtain other required permits related to the operation of the business,
including, without limitation, any development approvals or building
permits required by this Code, the Building Code and the Zoning Code
and by BIMC 18.09.030(K).
F. Upon receipt of a completed business license application, the City may
circulate the application to all departments of the City to determine
whether the application is in full compliance with all applicable laws, rules
and regulations. By way of illustration and not limitation, these
departments may include the City of Bainbridge Island Department of
Community Development, the Bainbridge Island Fire Department, and the
Bainbridge Island Police Department,
G. The City may, prior to issuance of the license, perform an inspection of
the proposed licensed premises to determine compliance with any
applicable requirements of this section or other provisions of the
Bainbridge Island Municipal Code.
Section 2. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 28th day of April, 2015.
APPROVED BY THE MAYOR this 281h day of April, 2015.
J VIIJ, 1kl/
Anne S. Blair, Mayor
2
ATTEST /AUTHENTICATE:
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Rosalind D. Lassoff, C%4C, City Clerk
FILED WITH THE CITY CLERK: April 16, 2415
PASSED BY THE CITY COUNCIL: April 28, 2415
PUBLISHED: May 1, 2015
EFFECTIVE DATE: May 6, 2415
ORDINANCE NUMBER: 2415 -09