2015/07/01 Council Agenda Packet

F. Establishment: 1_For the purposes of the 2,500 foot setback between marijuana retailers, marijuana retailers shall be considered to be legally established in the order in which they are issued a City of Everett business license. The City will not accept a business license application for a recreational marijuana business prior to the applicant providing the City a copy of a letter from the Washington State Liquor Control Board indicating that the applicant has been approved for a recreational marijuana license. The City will process business license applications for recreational marijuana businesses in the order in which they are accepted. 2— For purposes of determiningthe single Tier 2 and Tier 3 producers/processors in accordance with Subsection B(6) it will be determined by the first to secure and comply with all requirements including the Hearing Examiner's Special Property Use Permit. Section 3. Enforcement. Any violation of this Ordinance is subject to enforcement under the provisions of Chapter 1.20 of the Everett Municipal Code or through action of the City Attorney seeking injunctive or other civil relief in any court of competent jurisdiction. The violator will be responsible for costs, includiig reasonable attorney fees. Section 4. Conflict In the event there is a conflict between the provisions of this Ordinance and any other City ordinance, the provisions of this Ordinance shall control. Section 5. Severability Should any section, subsection, paragraph, sentence, clause, phrase, or portion of thus Ordinance or its application to any person or situation, be declared unconstitutional, invalid for any reason, or preempted by state or federal law or regulations, such decision shall not a0ect the validity of the remaining portions of this Ordinance or its application to any other persons or situations. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions be declared unconstitutional, invalid, or preempted. Section 6. General Dutv It is expressly the purpose of this Ordinance to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. 'Nothing contained in this Ordinance is intended nor shall be construed to create or page 6 o1'7 0