2014/10/01 Council Agenda Packet

3 ORDINANCE NO. An Ordinance modifying and renewing 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 adopted rules which became effective September 14, 2013, and has accepted applications for licenses for marijuana businesses; and 4. The State Liquor Control Board rules required applicants for marijuana businesses licenses to identify the location at which they planned to operate and the City's interim zoning regulations have been in force at all relevant times such that applicants had clear notice of local zoning requirements; and 5. The State Liquor Control Board does 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. To the best of the City's knowledge, the State Liquor Control Board received 27 applications for retail marijuana businesses within the City, 14 applications for processor marijuana businesses within the City, and 21 applications for producer marijuana businesses within the City(nine Tier-1 applications and twelve Tier-2 applications); and 7. To the best of the City's knowledge, only one marijuana business has been approved to operate within the City. A marijuana retailer was approved for a license on August Page 1 of 6 6