2013/10/09 Council Agenda Packet

7 ORDINANCE NO. An Ordinance establishing interim zoning regulations related to recreational marijuana businesses. Whereas,the City Council finds that: 1. Initiative Measure No. 502,approved November 6,2012,modified the State Controlled Substances Act to allow the possession of marijuana for private,personal use and established a system for lawful production,processing,and retailing of recreational marijuana under state law; and 2. Initiative Measure No. 502 established licenses to be issued by the State Liquor Control Board for producers,processors, and retailers of recreational marijuana(collectively "marijuana businesses")and gave the State Liquor Control Board the power to adopt rules consistent with the Initiative and to enforce the same; and 3. The State Liquor Control Board plans to adopt rules which will become effective November 16, 2013,and will accept applications for licenses for marijuana businesses for 30 days thereafter; and 4. The State Liquor Control Board rules require applicants for marijuana businesses licenses to identify the location at which they will operate; and 5. The State Liquor Control Board will not consider local zoning regulations in deciding whether to issue licenses for marijuana businesses,but marijuana businesses are required to comply with local zoning requirements; and 6. Establishing zoning regulations for marijuana businesses prior to November 16, 2013, should prevent marijuana businesses from submitting applications to the State Liquor Control Board for locations that do not satisfy the City's zoning requirements; and 7. The State Liquor Control Board will issue five marijuana retailers licenses for locations within the City,but an unlimited number of marijuana producer licenses and an unlimited number of marijuana processor licenses such that the City cannot know the number of potential marijuana businesses that will locate within the City; and Page 1 of 5 2