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SALTESE LLC (MICHAEL ALEX SNYDER)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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, t i, ORNMA i alk .' — �i�iw�l m�w 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 ,o L4 ( �� 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) 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 01 W 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 ws�jp � L�! A pi�11!1�111g!11111��!� 11111!; I I I & 11 1 1 291=13=11131111rm -me "89M 11101� 11 11111111 -1011 ii � It � � i I WM.1ffWC9]N8flM 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) 1 1, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Coll �,IillIlIIIgl���� 990NIM-10W.M. 111 i ��I 1111111111IFI 1111111 111111111il :IIIiIIIIIr ''i M-yersullms- I I III g I 1111111 111111111! 1 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 12 11 111311 11MI11 20IM 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 mrtl 1 1, F1 ! I =3 I ITTIN RITCH ms 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) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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) 10 11 12 13 14 15 16 17 18 19 20 21 22 I =I 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 11 I I I I I I 1!! 1!11!11!11!! 111! 11 1 1 F 1•!1111! ! III I ��, I !I�l I I �;1111 1 111•1 17111111 111"! 10111111ill 1111101111111 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) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3.12 The City Decision states: r.milin'-w pZH1 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 RIFRAN M1. 11 11, Jig, I l�iii �1111 fill 1111 111111 ;11 111 1� I 111 11111 ]1�11 Jill III �1;11 I 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 MZMMFMT-�� 1111111171111 11 rAWMIM", =4 rorfrowlTzror, IT, TIT= RON "1 61 M 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 VAN! jlpvj�jj !!, il 41 19 1 610. "IM ff-em- IT, mmum 111111� I I ilvIff E-1 MTA=�;�1,1!�l��l���l��l��l�l��Illil;l!.vlpllilltr,,!1.3�mmu� I!IIyjjI1I11Ijj!!jI1Ijj;j UMME I arl-Am, 1118CMIU3.3600fim 11 1 111 Iill r�ililill 1111111 111 1 1 111 1 1m111 � 1115111 11• 4 1111 1111111 1111liq 1111111�' 11��11111 III l�� III mmm�-�-Z 3WERM Z�11 !111111111! 1; 1111111 111 Ism ffgsmxmf� ff-mi miff I nrom"m m. 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) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OU 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 $530 appeal fee is tendered with this appeal. VIII. RELIEF REQUESTED Appellant requests that the Office of Hearing Examiner upon review: 8.0 Grant its appeal. 8.1 Reverse the Decision. 8.2 Grant any other further relief that is just and fair under the circumstances. DATED this 301h day of December, 2014. DENNIS D. REYNOLDS LAW OFFICE Y�............. Dennis D. Reynolds, WSBA #04762 Attorneys for Appellant Saltese LLC, Alex Michael Snyder APPEAL OF ADMINISTRATIVE DECISION - 9 of 9 [90293-1] DENNIs D. REYNOLDS LAW OFFICE 200 Winslow Way West, Suite 380 Bainbridge Island, WA 98110 (206)780-6777 (206) 780-6865 (Facsimile) ImEllmo ITIFIRMITIt Ir W" TIMM y.,,,' From: Amber Richards <arichards@bainbridgewa.gov> Sent: Thursday, December 18, 2014 9:16 AM To: Licensing Documents Cc: Doug Schulze; PCD Subject: City of Bainbridge Island Response to Application for Marijuana Retailer. Evergreen Attachments: 12182014 COBI Disapproval of Marijuana Application.pdf To Whom It May Concern: Please find the attached response for Marijuana License Application UI: 603-350-794-001-0002, Lic #: 414812-713 Please confirm receipt of this message. Thank you] Amber 19, City of Bainbridge Island 280 Madison Ave. North Bainbridge Island, WA 98110 T: 206.780.8629 C: 206,735,9712 E. oljj NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR CONTROL BOARD low RETURN Toz Lioense Division 3000 Paoific, PO Box 43075 Olympia, WA 98504-3075 Customer Servioei (360) 664-1600 Faxi (360) 753-2710 Website: ww.liq.wa.gov DATE% 12/01/14 TO; BAINBRIDGE ISLAND RE: NEW APPLICATION UBI1 603-350-794-001-0002 LiCense; 414812 — 7B County$ 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) Wq 4 - 00 6 - I 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 m_qj [Big; momr-Bournivolf,'I sioul MI1MI 14) 01011MIM4141M ZI t 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 0 L- , , � :I R �° �j I, '; �' � � - 'kJ �" ��� j �o lid � /, � 1 ��i J��� �, 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