SALTESE LLC (MICHAEL ALEX SNYDER)1
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BEFORE THE CITY OF BAINBRIDGE ISLAND
HEARING EXAMINER
SALTESE LLC, Michael Alex Snyder, its
Manager,
Appellants,
V.
CITY OF BAINBRIDGE ISLAND, acting
through its City Manager and Department of
Planning and Community Development,
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No. UBI: 603-350-794-001-0002
APPEAL OF ADMINISTRATIVE
DECISION
Saltese LLC, Alex Michael Snyder, its Manger ( "Appellants") pursuant to City of
Bainbridge Island Municipal Code § 2.16.020(P)(1), BIMC § 2.16.020(C)(2), BIMC
§ 2.16.010 (Table 2.16.010-1), and/or BIMC § 2.16.100(B), hereby appeal to the Bainbridge
Island Office of Hearing Examiner that certain administrative decision dated December 17,
2014 ("the Decision") issued by City Manager Douglas Schulze.
The Decision declares that the Appellants' contemplated marijuana retail sales
business is within one thousand feet of a "public park" as those terms are defined by the City
of Bainbridge Island, and thus, does not meet state location requirements set out in
RCW 69.50.331(8). The Decision further determines that the City definition of a "public
park" controls over the Washington State Liquor Control Board's ("WSLCB") definition of
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DENNIS 1.). RE, t"ri1d� �[� �, W 04
APPEAL OF ADMINISTRATIVE DECISION - 1 of 9 200 Whislow t, suite 380
[90293-1] Bainbridge Island, WA 98110
(206)780-6777
(206) 780-6865 (Facsimile)
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those terms. Finally, the Decision "disapproves" Appellants as an applicant to receive a
Marijuana License from the WSLCB. These determinations and any related determinations
1. NAME, IDENTITY AND STANDING OF APPELLANTS
1.0 Saltese LLC is a duly formed and licensed Limited Liability Company with
authority to do business in the State of Washington. Its registration is active. Saltese LLC's
UBI number is: 603-350-794-001-0002. Saltese LLC's Manager is Michael Alex Snyder.
The address of Saltese LLC and Mr. Snyder is 919 North 98th Street, Seattle, Washington,
98103; phone: 360-927-2379; email: Sgydet-n12 :Igmail.coip. Saltese LLC's trade name is
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1.2 Appellants are aggrieved parties with standing to seek review and contest ti
Decision. Appellants are prejudiced or likely to be prejudiced by the City of Bainbridge
i mffl�W cmmrlm�!
Appellants will substantially eliminate or redress the prejudice that the Decision has caused,
or likely will cause it, for which review and relief is requested.
111111111111111"TWX "M MM
=1 December 19, 2014. A true and correct copy of the letter is annexed hereto as Exhibit A, by
DENNis D. REYNOLDS LAW OFFICE
APPEAL OF ADMINISTRATIVE DECISION - 2 of 9 200 Winslow Way West, Suite 380
[90293-11 Bainbridge Island, WA 98110
(206) 780-6777
(206) 780-6865 (Facsimile)
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2.2 Appellants file this appeal to protect their interest and position under the
doctrine of finality. If the City agrees that its Decision is not final under the doctrine of
finality, it is possible this appeal can be withdrawn. This Appeal is filed without prejudice to
request an administrative hearing, if necessary, before the WSLCB.
I I I � "I Do A *11,11 a
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Washington. The property is within the Day and Miller Road Area Business/Industrial Zone.
The site is intended for a retail marijuana business.
111 1 1
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teacher for nine (9) years. His degrees are in business administration, and international
business; he has a valid Washington State teaching certificate. Prior to teaching. Mr Snyder
Ego=
has created numerous community outreach projects.
3.2 Mr. Snyder met all background checks and has obtained from the WSLCB the
right to receive a marijuana retail license for Bainbridge Island. Saltese LLC has made
application to the WSLCB for an initiative 502 Washington State marijuana retail license,
APPEAL OF ADMINISTRATIVE DECISION
[90293-11
Bainbridge Islan7d, WA 98 11�10
(206) 780-6777
(206) 780-6865 (Fac7simile)
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3. Marijuana Retailer: Marijuana retailing is permitted use in
the Business/Industrial zoning district. A site plan and design
review permit may be required, pursuant to Section 2.16.040.13,
Site Plans and Design Review Applicability.
4. Marijuana Processors: Marijuana processing is a permitted
use in the Business/Industrial zoning district. A site plan and
design review permit is required and must be approved prior to
any city approval of business licenses or other required permits.
5. Marijuana Producers: Indoor marijuana production is a
to the following conditions:
a. A site plan and design review permit is required and must
be approved prior to any city approval 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;
i. The city may request documentation or a monitoring
report to ensure that the water reuse standards are being
met.
3.4 Under State laws and regulations (RCW 69.5 0.3 3 1 (1)) the WSLCB is
obligated to notify the local government authorities of applications for marijuana licenses.
mu�
3.5 In this case, the City of Bainbridge Island believes it is the "local government
authority." Exercising that assumed authority, the City as noted objected to Appellants as an
applicant for a state marijuana retail sale permit and the location of the retail business on the
basis the proposed use is within 1000 feet of a "park. The City's reference is to the
Manzanita Park Trail System located on a 120 acre parcel. This site contains a seven mile
self -guided trail. The site can be wet and impassible. The best hike is in the late summer and
DENNis D. REYNOLDS LAW OFFICE
APPEAL OF ADMINISTRATIVE DECISION - 4 of 9 200 Winslow Way West, Suite 380
[90293-1] Bainbridge Island, WA 98110
(206) 780-6777
(206) 780-6865 (Facsimile)
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District's website.
1!iil ! ��M IF, � I W*21 I 1I•I 11�11 18W I i I Ili likii�� 111.�
(8) The state liquor control board shall not issue a license for
any premises within one thousand feet of the perimeter of the
grounds of any elementary or secondary school, playground,
recreation center or facility, child care center, public park,
public transit center, or library, or any game arcade admission
to which is not restricted to persons aged twenty-one years or
older.
3.7 Under state law, the sole decision to issue an application for a license to
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objection of a municipality only if "based upon chronic illegal activities associated with the
applicant's operation of the premises proposed to be licensed, by the applicant's operation of
any other premises or the conduct of applicant's patrons inside or outside of the licensed
premise." RCW 69.50.328(9). None of these factors apply.
3.9 The City will not be able to offer any evidence that Appellants' objections fall
within the "substantial weight" provisions of RCW 69.50.331(9).
3.10 Manzanita Park is owned by the Bainbridge Island Metropolitan Park District.
The City has no authority to file an objection for this entity.
3.11 In terms of the Appellant not having a local business license, issuance of such
a license is ministerial. The City's objection could easily be conditioned upon the Appellant
Moo MISNI 11 INFIN! 111111VIIII 4
DENNis D. REYNOLDS LAW OFFICE
APPEAL OF ADMINISTRATIVE DECISION - 5 of 9 200 Winslow Way West, Suite 380
1�90293 FV Bainbridge Island, WA 98110
(206) 780-6777
(206) 780-6865 (Facsimile)
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3.12 The City Decision states:
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Island business/industrial zoning district. BIMC 18.09.030(K).
BIMC 18.36.030 states in pertinent part:
181. Park, Active Recreation. "Active recreation
park" means a park where the primary uses are athletic
fields, playgrounds, swimming facilities, sports courts,
or other activities that require specialized fields or
equipment.
182. Park, Passive Recreation. "Passive recreation
park" means a park where the primary uses are hiking,
bird watching, picnicking, and other low impact
activities."
Manzanita Park is a passive recreation park.
Business/industrial-zoned property located outside the state -
mandated I 000 -foot buffer is depicted inside the yellow,
dashed -line shown on Exhibit A. The applicants wish to loc
a marijuana retail establishment outside the allowed property
within the yellow, dashed -line and 750 feet from Manzanita
Park. I
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Washington Administrative Code, it reads: WAC 314-55-010(17) "Public park" means an
area of land for the enjoyment of the public, having facilities far rest and/or recreation, such
as a baseball diamond or basketball court, owned and/or managed by a city, county, state,
federal government, or metropolitan park district. Public park does not include trails.
(Emphasis supplied).'
1 There is no definition for "park" or "public park" in the Revised Code of Washington - Uniform Controlled
Substances Act, RCW 69.50.
DENNis D. REYNOLDS LAW OFFICE
APPEAL OF ADMINISTRATIVE DECISION - 6 of 9 200 Winslow Way West, Suite 380
190293-11 Bainbridge Island, WA 98110
(206) 780-6777
(206) 780-6865 (Facsimile)
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Wn.2d 347, 364, 13 P.3d 183 (2000) (quoting Ackerman v. Port of Seattle, 55 Wn.2d 400,
409, 348 P.2d 664 (1960) (emphasis added)). "Despite the expanding power over land use
exerted by all levels of government, '[t]he basic rule in land use law is still that, absent more,
NO 111151 1 111• 111143111
a fee interest, development rights are beyond question a valuable right in property." West
Main Associates v. Bellevue, 106 Wn.2d 47, 50, 720 P.2d 782 (1986).
governments plan their growth, while also protecting the private property rights of
individuals: The property rights of landowners shall be protected from arbitrary ant
discriminatory actions." RCW 36.70A.020(6). Appellant's CUP use is a "vested property
right" required to be protected from arbitrary and discriminatory action.
DENNis D. REYNOLDS LAW OFFICE
APPEAL OF ADMINISTRATIVE DECISION - 7 of 9 200 Winslow Way West, Suite 380
[90293-1.1 Bainbridge Island, WA 98110
(206) 780-6777
(206) 780-6865 (Facsimile)
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DENNis D. REYNOLDS LAW OFFICE
APPEAL OF ADMINISTRATIVE DECISION - 8 of 9 200 Winslow Way West, Suite 380
[90293-11 Bainbridge Island, WA 98110
(206) 780-6777
(206) 780-6865 (Facsimile)
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5.9 The City's position that the WSLCB construction of RCW 90.50.331(8) found
in WAC 314-55-010(17) results in legal error. The purpose of the law is to provide buffers
from concentrated activity such as schools, not sporadic human use which is shielded by trees.
5.10 The City has not specified in its Zoning Code that a local definition of "park"
is a requirement to obtain a business license for a retail marijuana use.
VI. LEAVE TO AMEND/DISCOVERY
6.0 No staff report has been issued to support the City's decision which Appellant
appeals. Appellant reserves the right to seek leave to conduct discovery and amend this
appeal if more information is found.
VII. APPEAL FEE
7.0 The $530 appeal fee is tendered with this appeal.
VIII. RELIEF REQUESTED
Appellant requests that the Office of Hearing Examiner upon review:
8.0 Grant its appeal.
8.1 Reverse the Decision.
8.2 Grant any other further relief that is just and fair under the circumstances.
DATED this 301h day of December, 2014.
DENNIS D. REYNOLDS LAW OFFICE
Y�.............
Dennis D. Reynolds, WSBA #04762
Attorneys for Appellant Saltese LLC, Alex Michael
Snyder
APPEAL OF ADMINISTRATIVE DECISION - 9 of 9
[90293-1]
DENNIs D. REYNOLDS LAW OFFICE
200 Winslow Way West, Suite 380
Bainbridge Island, WA 98110
(206)780-6777
(206) 780-6865 (Facsimile)
ImEllmo ITIFIRMITIt
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y.,,,'
From: Amber Richards <arichards@bainbridgewa.gov>
Sent: Thursday, December 18, 2014 9:16 AM
To: Licensing Documents
Cc: Doug Schulze; PCD
Subject: City of Bainbridge Island Response to Application for Marijuana Retailer. Evergreen
Attachments: 12182014 COBI Disapproval of Marijuana Application.pdf
To Whom It May Concern:
Please find the attached response for Marijuana License Application UI: 603-350-794-001-0002, Lic #: 414812-713
Please confirm receipt of this message.
Thank you]
Amber
19,
City of Bainbridge Island
280 Madison Ave. North
Bainbridge Island, WA 98110
T: 206.780.8629
C: 206,735,9712
E. oljj
NOTICE OF MARIJUANA LICENSE APPLICATION
WASHINGTON STATE LIQUOR CONTROL BOARD
low RETURN Toz Lioense Division
3000 Paoific, PO Box 43075
Olympia, WA 98504-3075
Customer Servioei (360) 664-1600
Faxi (360) 753-2710
Website: ww.liq.wa.gov
DATE% 12/01/14
TO; BAINBRIDGE ISLAND
RE: NEW APPLICATION
UBI1 603-350-794-001-0002
LiCense; 414812 — 7B County$ 18
Tradename: EVERGREEN
Loa Addr: 76BO NE DAY RD W
BAINBRIDGE ISLAND, WA 98111
Mail Addr: 919 N 98TH ST
SEATTLE, wA 98105-3211
914419�
SNYDER, ALEX MICHAEL
1975-12-2i
As required by RCW 60,80.331(7) the Liquor Control Board to. i�-O' fylng you that the
above has applied for a marijuana license, You have 200 t f this 0 V# �' date 0
notice to give your input on this application. If we do notqp ve: t notice 9 back
within 20 days, we will assume you have no objection to thy: ip'Ays o
0,q.e;this license.
If you need additional time to respond you must submit a wrItten rqque4t for an
extension of up to 20 days, with the reasons) you need more tfis* If you need
information on the SSN, contact our Marijuana CHRI Desk at .864, 1772.
1, Do you approve of applicant? ....................
2, p
po you apruVo of lecat-1,00
3. If you disapprove and tho Board samjtojflplstas jjssuing a license, do
you Wish to request an Adjuducative hordetrig before final action 1.6 taken
(Set) WAC 314,55-160 for inftslmatioO about 11118 PT'Ocoss)?
4< if yore disapprove, pair 110W 69.60,3311(7)(c) yoti MUST uttacl') a letter
to U)o 1110ard dotgflA1(1 '0161 I'OL-180n(S" for U118 objoction and FA statomfint
of all thea facts OR WhJ.011 Your ob]
j I. , ion(s) aro based.
G t' ry,
y I Y MANA Eff 0 bm iii I
MA 0'
D A, i �41V 6 ,
WORIMSMORROOT OR DriSIGNEE
DEC 1('a 2U'14
LICENSING DgM,'ZiON
Applicants: Saltese LLC, Michael Alex Snyder
Tradename: Evergreen.
Location: 78BONEDayRdW
Bainbrid Island, WA 98110
ge
10 , 171.W -,1 '11 11 1 TZ-1171,70TUPT77VT
marijuana retail license to the applicants at the location referenced above.
1. THE CITY'S DISAPPROVAL OF APPLICANT
The Notice of Mar ivana License App
i fication requires the Citr, to state whether or not it
approves of the referenced applicants. The City does not approve of the referenced
applicants because the City has no record of applicants having submitted or obtained a
City of Bainbridge Island business license, When and if the applicants apply for a
business license application, the business license application will be reviewed for
compliance with BIMC Chapter 5.04
UJIMEW-111, 1 3TQV6
A, Application of WAC 314-55-010(17) produces Rbsurd results.
The City disapproves of the location of applicants' proposed marijuana retail sales
establishment because it is located approximately 750 feet from Manzanita Park; which i�
a public park. See Exhibit A. RCW 69 ,50,331(8) states as follows:
"The state liquor control board shall not issue a license for any premises within
school, playground, recreation center or facility, child care center, public park,
public transit center, or library, or any game arcade admission to which is wif,
restricted to persons aged twenty-one years or older. [Emphasis added]."
I'Nocutivo Department
280 Madison Avenue North
Bainbridge Island, WA 99110-1812 i.'U 14
hon®: (206) 842-2545 Fax: (206) 780-8600
wwwAkainbridge-islma,us I C EN,`,;
N'Ci '' i" '� " ON
The City has not adopted the definition of "park" as set forth in WAC 314-55-010(17).
More fundamentally, the City's local definition park" is not required to conform to
WAC 314-55-010(17), WAC 314-55-010(17) states:
Hill
owned and/or managed by a city, county, state, federal government, or
metropolitan park district. Public park does not include trails."
Many of the City of Bainbridge Island's parks, including Manzanita Park, contain trails.,
Under the state's definition, above, every park that contained a trail would not meet the
definition of "park" for purposes of the 1000 foot -buffer required by RCW 69.50,331(8).
Application of the state's definition of park would operate as a de facto removal of the
1000 buffer required by RCW 69.50.313(g). A reading of legislation that produces
absurd results must be avoided because "it will not be presumed that the legislature
intended absurd results." State v. JP. 1149 Wn2d 444 , 450, (2003). Accordingly, the
City assumes that the drafters of RCW 69.50.313(8) did not intend to take every park
containing a trail out of the definition of "park." The City's position is therefore that
Manzanita Park is a "park" for purposes of RCW 69.50.313 (8)
B. The State of Washington has not preempted the field of regulation of
marijuana retail sales and local jurisdictions may utilize reasonable police
powers to exert local control over the location of such sales.
Because cities are free to ban retail sales of marijuana and are free to apply additional
regulations to the retail sales of marijuana, it necessarily follows that cities are free to
apply their local definitions of "park" for purposes of establishment of die 1000 -fool
buffer required by RCW 69.50,331(8), rather than a definition found at WAC 314-55-
010(17)
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KAW 011 0190_5411,140 -.1 uVing I.-AWLIKILI mm -.1 lad, [01403 11 r 1 1KIRWOOMORM - - - -
11 18 1. Park, Active Recreation. "Active recreation park" means a park where the
primary uses are athletic fields, playgrounds, swimming facilities, sports courts,
or other activities that require specialized fields or equipment,
182. Park, Passive Recreation. "Passive recreation park" means a park where the
primary uses are hiking, bird watching, picnicking, and other low impact
activities."
Manzanita Park is a passive recreation park, Business/industrial-zoned property located
outside the state -mandated 1000 -foot buffer is depicted inside the yellow, dashed -line
shown on Exhibit A. The applicants wish to locate a marijuana retail establishment
717MR7-4-17 "Ic is Elie too owner or 171anzanita Nla ♦ �,.
parks within the City of Bainbridge Island,
outside the allowed property within the yellow, dashed -line and 750 feet from ManzaniU
Park.
ny county, city, town or township may make and enforce within its limits all
such local police, sanitary and other regulations as are not in conflict with general
laws.$$
sales of marijuana:
"The issuance or approval of a license shall not be construed as a license for, or
an approval of, any violations of local rules or ordinances including, but not
limited to: Building and fire codes, zoning ordinances, and business licensing
requirements."
WAC314-55-020(il). The Washington State Attorney General has stated that the stati,
has not preempted the field of marijuana regulation:
"Liquor Control Board's rules recognize the authority of local jurisdictions to
impose regulations on state licensees. These facts, in addition to the absence of
express intent suggesting •otherwise, make clear that 1-502 and its implementing
regulations do not occupy the entire field of marijuana business regulation, We
I In r4l.10- Ik"Mys I* IV.) I I lmow) go] I I I *J I a I tIId7,J*RrIWIDF 1♦0 0 0 long I L -i INIM NIMMI alikk
6 "A,
AGO 2014 No. 2 - January 16, (2014), Local jurisdictions are free to enact regulations
that make it impractical or difficult to locate retail sales of marijuana within municipal
limits:
M IM
the purpose pursued. [W]e see no impediment to jurisdictions imposing
additional regulatory requirements
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V,,Xjj;LI4F I OI -WI
Thank you,,
Lisa Marshal I
City Attorney
Coll Douglas Schulze, City Manager
Kathy Cook, Director of Planning and Community Development
LACIII"I , N
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�, r y �
December 19, 2014
Marijuana Unit
PO Box 43098, 3000 Pacific Ave SE
Board Olympia WA 98504-3098
Phone: (360) 664-1600
Emailed to: snyderm2@gmail.com
SALTESE LLC
Trade Name: EVERGREEN
License #: 414812 -
UBI #: 6033507940010002
RCW 69.50.331 (1) requires the Board to notify the local government authorities of
applications for marijuana licenses.
The Bainbridge Island has objected to the issuance of your marijuana license. A copy
of that objection is enclosed for your information.
Under the provisions of RCW 69.50.331(1), the Board may deny a license when the
local government authorities object.
Your options are to:
1) Approach the local government authority to see if you can resolve the issues
presented in the objection. If the local government authority is willing to
withdraw its objection, I must receive the withdrawal directly from the
local government authority in writing.
2) Withdraw your application.
3) Request your application be sent before the Board for a decision as soon as I
complete my investigation. Any objection received is viewed by the Board as
part of the decision package.
Please inform me in writing of your decision by 01/02/14. If I do not hear from you on
or before that date I will send your file forward for a decision with the Local Authority
objection.
Please contact me at the number below if you have any questions.
Thank you,
Warren Robertson
Marijuana Licensing Investigator
12/30/2014 City of Bainbridge Island
SGT_17_CPI
CITY OF BAINBRIDGE
MISCELLANEOUS CASH
Date / Time
Payment
Receipt �
Chedh/Credit Card
Clerk
Paid By
ISLAND FIN
RECEIPTS
: 12/3O/14 11:51
: 497OO6
#: 3597
: llant