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004-12 - Ordinance - Renewing Moratorium on Accepting or Processing Involving Medical Marijuana DispensariesIntroduced by: Gregory A. Jacoby Requested by: Gregory A. Jacoby Drafted by: Gregory A. Jacoby Reviewed by: Gregory A. Jacoby Introduced: February 14, 2012 Public Hearing: February 14, 2012 Adopted: February 14, 2012 ORDINANCE NO. 004-12 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RENEWING A MORATORIUM ON ACCEPTING OR PROCESSING APPLICATIONS, PERMITS, OR LICENSES FOR ANY BUILDING OR LAND USE ACTIVITY INVOLVING MEDICAL MARIJUANA DISPENSARIES WHEREAS, on February 22, 2011, the City Council adopted Ordinance No. 002-11 imposing a six-month moratorium on medical marijuana businesses, dispensaries, and facilities; and WHEREAS, on August 9, 2011, the City Council adopted Ordinance No. 012-11 renewing the moratorium under Ordinance 002-11 for a six month period; and WHEREAS, since the adoption of Ordinance 002-11 and Ordinance 012-11, City staff has been working in conjunction with the City Attorney to develop draft regulation alternatives, which have been presented to the Planning Commission. Four alternatives for draft regulations have been under review by the City Attorney and the Port Orchard Planning Commission. The Planning Commission has not recommended any alternative and the process of revising the draft regulations is ongoing; and WHEREAS, since the adoption of Ordinance 002-11 and Ordinance 012-11, the legal uncertainties facing the City with regard to medical marijuana businesses, dispensaries, and facilities — particularly with regard to the supremacy of Federal laws banning such activities — have not been resolved; and WHEREAS, since the adoption of Ordinance 002-11 and Ordinance 012-11, federal agents have raided over a dozen medical marijuana businesses, making it clear that the federal government may take action against individuals and businesses who are operating said businesses in violation of federal laws; and WHEREAS, the adoption of a City Ordinance allowing medical marijuana businesses, dispensaries, and facilities could create a false belief or confusion among said business owners of the legality of their businesses; and WHEREAS, the City Council does not wish to place its staff in the position where they may be in violation of federal law by reviewing and approving a license for medical marijuana businesses, dispensaries, and facilities; and Ordinance No.004-12 Page 2 of 3 WHEREAS, on November 30, 2011, the Governor of Washington, along with the Governor of Rhode Island, sent a letter to the Drug Enforcement Administration (DEA) seeking the reclassification of marijuana from a Schedule I drug, which cannot be prescribed for medical use, to a Schedule II drug, which may be prescribed by a physician under federal laws; and WHEREAS, the City Council wishes to wait to consider the effects of any upcoming state or federal legislation or rule malting, which might control medical marijuana businesses, dispensaries, and facilities before adopting any City Codes regulating such activities; and WHEREAS, RCW 35.63.20o authorizes cities to renew moratoria for six-month periods; and WHEREAS, under the circumstances detailed above a renewal of the moratorium is necessary to maintain the status quo and preserve the integrity of the City's new Comprehensive Plan in 20o8 and its development and to ensure that the regulations continue to meet the needs of the City and public; and WHEREAS, in accordance with RCW 35.63.200, on February 14, 2012 the City Council held a public hearing on the renewal of the adopted moratorium; and WHEREAS, having heard public testimony regarding the renewal of the moratorium, the City Council approved the renewal of the moratorium as adopted in Ordinance No. 002-11 and as further clarified in Ordinance No. 012-11; and WHEREAS, the City Council finds that a renewal of the moratorium fosters a substantial government interest in ensuring that the City is in compliance with State laws and to allow adequate time for staff to review its development regulations; and WHEREAS, the City Council hereby incorporates by reference the findings of fact as set forth in Ordinance Nos. 002-11 and 012-11, as if said findings were set -forth herein; and WHEREAS, the City Council adopts the foregoing as its findings of fact justifying adoption of this Ordinance; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1, Moratorium Imposed. The moratorium on the acceptance of all non- exempt development permit applications and non-exempt business license applications for medical marijuana businesses, dispensaries, and facilities as previously established by Ordinance No. 002-11 and as further clarified in Ordinance No. 012-11, is hereby renewed for a six-month period from the current expiration on February 15, 2012; and shall remain in effect until August 12, 2012, unless earlier terminated pursuant to the provisions of Ordinance Nos. 002-11 and 012-11. All such non-exempt applications shall be rejected and returned to the Ordinance No.004-12 Page 3 of 3 applicant. With regard to the City's acceptance of any exempt development permit application or exempt business license application, such acceptance shall only allow processing to proceed, but shall not constitute an assurance that the application will be approved. SECTION 2. Duration of Moratorium. The moratorium imposed by this Ordinance shall not terminate until August 12, 2012, or until such time as the City is able to adopt regulations governing medical marijuana businesses, dispensaries, and facilities, whichever is sooner. The Council may otherwise terminate the moratorium by ordinance, and termination shall not otherwise be presumed to have occurred. SECTION 3. Public Hearing on Moratorium. Pursuant to RCW 35.63.200, on February 14, 2012, the City Council held a public hearing on the renewal of the adopted moratorium. SECTION 4. 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 or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 5. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 14th day of February 2012. ATTEST: randy Rinearson, CMC, Interim City Clerk APPROVED AS TO FORM: Gregory A. Jac b City Att t ey Timothy C. Matthes, Mayor SPONSORED BY: A -,)Z -- hn Clauson, Councilmember NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held February 14, 2012. ORDINANCE NO. 004-12 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RENEWING A MORATORIUM ON ACCEPTING OR PROCESSING APPLICATIONS, PERMITS, OR LICENSES FOR ANY BUILDING OR LAND USE ACTIVITY INVOLVING MEDICAL MARIJUANA DISPENSARIES Copies of Ordinance No. 004-12 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 004-12 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson Interim City Clerk Publish: Kitsap Sun February 17, 2012