HomeMy WebLinkAbout3507 Resolution - Repealed RESOLUTION NO. 3507
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DECLARING A
MORATORIUM PROHIBITING PRODUCING,PROCESSING AND RETAIL SALES OF
RECREATIONAL MARIJUANA AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, Initiative 502 was passed by the voters of the State of Washington in November
2012 providing a framework which marijuana producers,processors, and retailers can become licensed by
the State of Washington; and
WHEREAS, under Initiative 502, the Washington State Liquor Control Board (Board) is tasked
with the responsibility to adopt regulations governing the licensing and operation of marijuana producers,
processors, and retailers, and the Board is currently working on the regulations and is projecting that the
regulations will be issued later this year; and
WHEREAS, collective gardens and marijuana production, processing, and retailing uses must be
addressed in the City's zoning code, but the impacts of these uses are still largely unknown and the
regulations that the City will need to address them are uncertain pending the Board's adoption of its
licensing regulations and procedures; and
WHEREAS, possession and use of marijuana for any purpose, including medical use, remains
illegal under Federal Law. Marijuana is listed as a Schedule I drug under the Federal Controlled
Substance Act. Despite efforts by the Governor and the State Attorney General to get some clarity from
the U.S. Attorney General, it is still unclear, how the federal government would respond to the state and
local governments who issue permits in compliance with state law; and
WHEREAS, there are several lawsuits pending, which would eventually impact regulations
related to marijuana production,distribution, sales and use;and
WHEREAS, it is anticipated that producing, processing, and retail sales of recreational
marijuana may require an increased risk to health and safety, require increased police and code
enforcement activities, and affect the use and enjoyment of surrounding properties without appropriate
regulations; and
WHEREAS, unless the City acts immediately to address production, processing and retail sales
of marijuana, and other marijuana-related uses, such uses may be able to locate in the city without
regulation and thereby have adverse impacts on the city and its citizens; and
WHEREAS, the City intends to develop appropriate zoning and land use regulations to
accommodate the production, processing, and retail sales of recreational marijuana to the extent such
activities do not conflict with Federal Law; and
WHEREAS, Washington law authorizes the City to adopt a moratorium with a public hearing
which must be held within sixty(60)days of the date of the adoption of a moratorium; and
WHEREAS, the City Council has determined that it is in the best interest of the City that a
moratorium be established to provide the City an opportunity to study appropriate regulations for
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production, processing and retail sales of recreational marijuana and to develop a work plan for the
implementation of such regulations that comply with Federal Law; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS
FOLLOWS:
Section 1. Moratorium Established. A moratorium is imposed prohibiting the production,
processing, and/or retail sale of recreational marijuana within all zoning districts within the City of Pasco;
and a moratorium is imposed on the filing with the City, or the Courts of Competent Jurisdiction, any
applications for licenses, permits, or other approvals for the processing, production, and/or retail sale of
marijuana.
Section 2. Term of Moratorium. The moratorium imposed by this Resolution shall become
effective on the date hereof, and shall continue in effect for an initial period of six (6) months, unless
repealed, extended, or modified by the City Council after a public hearing and the entry of appropriate
findings of fact as required by RCW 35A.63.220, provided, however, that the moratorium shall
automatically expire upon the effective date of zoning regulations adopted by the City Council to address
the processing, production, and/or retail sales of recreational marijuana within the City of Pasco.
Section 3. Public Hearing. A public hearing shall be scheduled for 7:00 p.m., or as soon
thereafter as the matter may be heard, on the 7th day of October, 2013, at the City Council Chambers of
the Pasco City Hall, where it will hear evidence and consider the comments and testimony of those
wishing to speak at such public hearing regarding the moratorium.
Section 4. Preliminary Findings. Following the public hearing, the City Council shall adopt
Findings of Fact justifying its actions before the public hearing, and determine whether a work plan is
necessary to address the issues involving the processing, production, and/or retail sales of recreational
marijuana within the City and if appropriate, extending the moratorium to complete the work plan and
implementation of appropriate regulations.
Section 5. Effective Date. This Resolution shall be in full force and effect upon its passage
and signature below.
PASSE,p by the City Council of the City of Pasco, Washington, as its regular meeting dated this
3 day of e l `e-w(.1x.f, 2013.
Matt Watkins, Mayor
A E S APP AS TO FORM:
Ingot.�
De ra . C aty Clerk —0/9 Leland B. Kerr, City Attorney
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