CITY OF LONG BEACH

Notice of Declaration of Emergency,

Adoption of Moratorium, and of Public Hearing

Notice is hereby given that on October 6, 2013, the Long Beach City Council declared an emergency and adopted Ordinance No. 895, a six-month moratorium on all Cannabis (marijuana) related land uses. The City did this because several marijuana-related laws have been passed in Washington in the past several years, and the State is currently grappling with clarifying and consolidating rules and regulations regarding this matter. The moratorium was adopted for a 6-month period, and may be extended until such time the State provides clear direction upon which the City can act with confidence.

The City will conduct a public hearing on this matter at its regularly-scheduled meeting of December 2, 2013. The hearing will be conducted at or shortly after 7PM at the Long Beach City Council chambers located at 115 Bolstad Avenue West. This facility is ADA accessible. Any person or persons having special needs should contact prior to the hearing. Anyone wishing to comment in writing may do so by dropping their comments off at City Hall or mailing them to: Gayle Borchard, City of Long Beach, PO Box 310, Long Beach, WA 986341. Written comments must be received before December 2, 2013 at 5PM.

ORDINANCE No. 895

AN INTERIM ORDINANCE OF THE CITY OF LONG BEACH, WASHINGTON ENACTING A MORATORIUM ON ANY AND ALL LAND USES RELATED TO CANNABIS (MARIJUANA); PROHIBITING ISSUANCE OF LICENSES OR PERMITS FOR LAND USES RELATED TO CANNABIS (MARIJUANA); REFERRING THE MATTER TO THE LONG BEACH PLANNING COMMISSION; ORDERING TRANSMITTAL TO THE DEPARTMENT OF COMMERCE; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE

WHEREAS, Initiative Measure No. 692, approved November 3, 1998, created an affirmative defense for “qualifying patients” to the charge of possession of Cannabis (marijuana), and

WHEREAS, the City acknowledges the right of qualified health care professionals to recommend the medical use of Cannabis (marijuana), acknowledges the affirmative defense available to qualifying patients for the possession of Cannabis (marijuana) as well as the right of patients to designate a “designated provider” who can “provide” rather than sell Cannabis (marijuana) to only one patient at any one time, and

WHEREAS, the Legislature has passed Engrossed Second Substitute Senate Bill [E2SSB] 5073 (the Act) and the Governor has signed the bill but has vetoed several sections of the bill, and

WHEREAS, E2SSB 5073 was effective on July 22, 2011, and

WHEREAS, the Act authorizes “collective gardens” in which certain qualifying patients or their providers may produce, grow, and deliver Cannabis (marijuana) for medical use, and

WHEREAS, the citizens of the State of Washington passed Initiative 502, allowing the use of marijuana for non-medical purposes, and

WHEREAS, Initiative 502 in part directed the Washington State Liquor Control Board (SLCB) to develop rules and regulations to accomplish the following:

1. Determine the number of producers, processors and retailers of marijuana by county; and

2. Develop licensing and other regulatory measures; and

3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative’s distancing requirements prohibiting such uses within one thousand feet of schools and other designated public facilities; and

4. Establish a process for the City to comment prior to the issuance of such licenses; and

5. The SLCB has recently announced a delay in the implementation of its rules until December 2013 and a delay in license issuance until approximately June 2014;

6. The SLCB is presently considering whether to conduct environmental review under SEPA; and

7. Upon the SLCB’s completion of its implementation process, the City intends to prepare and effectuate a formal work plan to expeditiously develop a legally- compliant permanent local regulatory framework for marijuana-related uses, and

WHEREAS, the growth, processing, delivery/sale and use of Cannabis (marijuana) present immediate potential issues of public safety for surrounding properties as well as for the property on which such activities occur. Furthermore, the location of these activities near schools, day care facilities and other lawful uses presents immediate issues relating to the public welfare and the protection of minors resulting in a public emergency, and

WHEREAS, the City's zoning, licensing, and other development regulations do not address the potential impacts from Cannabis- (marijuana-) related land uses and the City needs adequate time to consider what such regulations should be and how to enact them, and

WHEREAS, on August 29, 2013 the United States Department of Justice, Office of the Deputy Attorney General, issued to all U.S. Attorneys a memorandum under the heading “Guidance Regarding Marijuana Enforcement” as a guide to the exercise of investigative and prosecutorial discretion as they relate to Cannabis (marijuana) prosecution that modified and directed the Justice Department’s focus to those circumstances where Cannabis (marijuana) production, processing, or use are allowed but are either not accompanied by a strong and effective state regulatory system, or where such a regulatory system exists, but is not complied with, and

WHEREAS, the City Council of Long Beach deems it to be in the public interest to establish a zoning moratorium pending local review of the changes in laws regarding both medical and personal use marijuana, and

WHEREAS, pursuant to RCW 36.70A.390 a public hearing must be held within 60 days of the passage of this ordinance

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LONG BEACH, WASHINGTON, DOES ORDAIN AS FOLLOWS:

Section 1. Moratorium Enacted

Section 2. Cannabis-(Marijuana-) Related Land Uses Prohibited

Section 3. Referral to Planning Commission

Section 4. Ordinance to be Transmitted to Department of Commerce

Section 5. Public Hearing Set

Section 6. Severability

Section 7. Emergency Declared; Effective Date

Section 8. Adoption Date

Published November 20 and November 27, 2013

Legal No. 420-13

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