Download Ordinance No. 14-04

ORDINANCE NO. 14-04
AN ORDINANCE OF THE CITY OF COLFAX, WASHINGTON, RELATING TO LAND USE
AND ZONING, ALLOWING MEDICAL AND RECREATIONAL MARIJUANA PRODUCERS
AND PROCESSORS AS A PERMITTED USE IF LOCATED AT LEAST 1,000 FEET AWAY
FROM IDENTIFIED SENSITIVE USES IN THE
ANUFACTURING ZONING
DISTRICT; ALLOWING MEDICAL AND RECREATIONAL MARIJUANA RETAIL OUTLETS
AS A PERMITTED USE IF LOCATED AT LEAST 1,000 FEET AWAY FROM IDENTIFIED
SENSITIVE USES IN THE C COMMERCIAL ZONING DISTRICT; ALLOWING
COLLECTIVE GARDENS AS A PERMITTED USE IF LOCATED AT LEAST 1,000 FEET
AWAY FROM IDENTIFIED SENSITIVE USES IN THE C COMMERCIAL ZONING
DISTRICT; PROHIBITING MEDICAL AND RECREATIONAL MARIJUANA USES IN ALL
RESIDENTIAL ZONES, ADOPTING OTHER RESTRICTIONS ON THE OPERATION OF
THESE MEDICAL AND RECREATIONAL MARIJUANA USES, ADOPTING A NEW
CHAPTER 17.15 TO THE CITY OF COLFAX MUNICIPAL CODE
WHEREAS, the City of Colfax (t
City ), Washington is a second class city, by virtue of the
Constitution and the laws of the State of Washington;
WHEREAS, pursuant to RCW 35, the City Council (t
Council may adopt and enforce
ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good
government of the City; and
WHEREAS, the Washington State Legislature passed RCW 69.51a November 3rd, 1998 and
amended in 2011 which decriminalized marijuana for patients with terminal or debilitating medical
conditions which may; under their health care professional s care, benefit from the medical use of
marijuana.
WHEREAS, the Washington voters approved State of Washington Initiative 502 ( Iin
2012, whi
authorizes the state liquor control board to regulate and tax marijuana for persons twentyone years of age and older, and add a new threshold for driving under the influence of marijuana (2013 c
3 S1 (Initiative Measure No. 502, approved November 2, 2012, codified in RCW 69.50)); and
WHEREAS, I-502 allows the Washington State Liquor Control Board to license marijuana
producers to produce marijuana for sale at wholesale to marijuana processors and other marijuana
producer (RCW 69.50.325(1)); and
WHEREAS, I-502 allows the Washington State Liquor Control Board to license marijuana
processors t process, package, and label usable marijuana and marijuana-infused products for sale at
wholesale to marijuana retailer (RCW 69.50.325(2)); and
WHEREAS, I-502 allows the Washington State Liquor Control Board to license marijuana
retailers t sell usable marijuana and marijuana-infused products at retail in retail outlet (RCW
69.50.325(3)); and
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WHEREAS, under I-502, before the Washington State Liquor Control Board issues a new or
renewed license to an applicant, it must give notice of the application to the chief executive officer of the
City, and the City has the right to file written objections to such license, although the Board has the final
decision regarding whether to issue a license (RCW 69.50.331(7)); and
WHEREAS, I-502 establishes certain siting limitations on the Washington State Liquor Control
Board s issuance of such licenses for any premises that are within 1,000 feet of the perimeter of the
grounds of any elementary or secondary school, playground, recreation center or facility, child care
center, public park, public transit center or library, or any game arcade, admission to which is not
restricted to persons aged twenty-one years or older (RCW 69.50.331(8)); and
WHEREAS, on October 16, 2013, the Washington State Liquor Control Board filed official
proposed rules to implement the provisions of I-502, and said rules became effective on November 21,
2013; and
WHEREAS, the Washington State Liquor Control Board began accepting applications for all
license types on November 18th, 2013, and ceased accepting applications for all license types on
December 20, 2013; and
WHEREAS, the Washington State Liquor Control Board has communicated its intent to issue
licenses for marijuana producers, processors, and retailers in the coming months; and
WHEREAS, I-502 limits the number of retail outlets to be licensed in each county, for the
purpose of making useable marijuana and marijuana-infused products available for sale to adults 21 years
of age or over (RCW 69.50.345(2)); and
WHEREAS, I-502 decriminalizes, for purposes of state law only, the production, manufacture,
processing, packaging, delivery, distribution, sale, or possession of marijuana, as long as such activities
are in compliance with I-502; and
WHEREAS, the cultivation, possession, or distribution of cannabis marijuana and marijuana
products has been and continues to be a violation of federal law through the Controlled Substances Act
( SA ); and
WHEREAS, the United States Department of Justice issued a memorandum on August 29th,
2013, stating that in states where marijuana has been legalized for recreational purposes, it would
prioritize enforcement of the CSA based on eight specific priorities, including but not limited to the
prevention of distribution or use by minors, the avoidance of drugged driving and the prevention of
distribution or transport of marijuana products into states where it has not been legalized at the state level,
such as our neighboring State of Idaho; and
WHEREAS, the City does not have any regulations addressing the facilities or uses identified in
RCW 69.51a and I-502;
THE CITY COUNCIL OF THE CITY OF COLFAX ORDAINS AS FOLLOWS
Section 1. Ordinance No. 14-04, creating Chapter 17-15 Marijuana in the Colfax Municipal
Code as attached in exhibit 1.
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Section 2. Ordinance No. 14-04 shall be effective five days from and after its passage and
publication.
PASSED by the City Council and approved by the Mayor this ____ day of ____, 2014.
___________________
Mayor
ATTEST:
By: _______________________
City Clerk
APPROVED AS TO FORM
By: _______________________
City Attorney
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Exhibit 1: CHAPTER 17.15-MARIJUANA
17.15.010.
Findings and Purpose
1.
The Council adopts all of t
this Ordinance.
wherea
sections of this Ordinance as findings to support
2.
The purpose of this Ordinance is to establish where recreational marijuana producers,
processors, and retail outlets as well as medical marijuana collective gardens may locate
in the City, and to describe the restrictions upon such uses.
3.
No part of this Ordinance is intended to or shall be deemed to conflict with federal law,
including but not limited to, the Controlled Substances Act, 21 U.S.C. Section 800 et
seq., the Uniform Controlled Substances Act (RCW 69.50) nor to otherwise permit any
activity that is prohibited under either Act, or any other local, state, or federal law,
statute, rule, or regulation. Nothing in this Ordinance shall be construed to supersede
Washington state law prohibiting the acquisition, possession, manufacture, sale or use of
medical cannabis or marijuana in any manner not authorized by chapter RCW 69.51 A or
RCW 69.50. Nothing in this Ordinance shall be construed to supersede legislation
prohibiting persons from engaging in conduct that endangers others, or that creates a
nuisance, as defined herein. It is the intention of the City Council that this Ordinance be
interpreted to be compatible with federal and state enactments and in furtherance of the
public proposes that those enactments encompass.
4.
No use that constitutes or purports to be a marijuana production, processing, or retail
facility for medical and recreational marijuana, which was engaged in that activity prior
to the adoption of these regulations, shall be deemed to have been legally established
under the provisions of the Colfax Municipal Code (CMC) and that use shall not be
entitled to claim legal nonconforming status.
5.
Medical and recreational marijuana production, processing, and retail facilities shall
comply with all applicable development and administrative standards contained in the
CMC.
17.15.020.
Definitions The definitions in this section apply throughout this Chapter, and the City
also adopts the definitions in WAC 314-55-010 and RCW 69.50.101.
1.
ld Care Center means an entity that regularly provides child day care and early
learning services for a group of children for periods of less than twenty-four hours
licensed by the Washington State Department of Early Learning, under chapter 170-295
WAC.
2.
lective Gard
means those gardens authorized under Section 403 of SB 5073,
which means qualifying patients sharing responsibility for acquiring and supplying the
resources required to produce and process marijuana for medical use such as, for
example, a location for a collective garden; equipment, supplies, and labor necessary for
proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants.
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3.
tivati
means the planting, growing, harvesting, drying, or processing of marijuana
plants or any part thereof.
4.
iver or Delivery means the actual or constructive transfer from one person to
another of a substance, whether or not there is an agency relationship.
5.
A.
B.
C.
ignated Care Provider means a person who:
Is eighteen years of age or older;
Has been designated in a written document signed and dated by a qualifying
patient to serve as a designated provider under this ordinance and RCW 69.51A;
and
Is in compliance with the terms and conditions set forth in RCW 69.51A.040, A
qualifying patient may be the designated provider for another qualifying patient
and be in possession of patients cannabis at the same time.
6.
welling Unit
building or portion thereof which contains living facilities
including provisions for sleeping, eating, cooking, and sanitation.
7.
lementary School means a school for early education that provides the first four to
eight years of basic education and is recognized by the Washington State Superintendent
of Public Instruction.
8.
me Arca
means an entertainment venue featuring primarily video games,
simulators, and/or amusement devices where persons under twenty-one years or age are
not restricted.
9.
Indoor means within a fully enclosed and secure structure that complies with the
Washington State Building Code, as adopted by the City, that has a complete roof
enclosure supported by connecting walls extending from the ground to the roof, and a
foundation, slab, or equivalent base to which the floor is securely attached. The structure
must be secure against unauthorized entry, accessible only through one or more lockable
doors, and constructed of solid materials that cannot easily be broken through, such as 2
by thicker studs overlain with 3/ or thicker plywood or equivalent materials. Plastic
sheeting, regardless of gauge, or similar products do not satisfy this requirement.
10.
gal parcel means a parcel of land for which one legal title exists. Where contiguous
legal parcels are under common ownership or control, such legal parcels shall be counted
as a single parcel for purposes of this ordinance.
11.
ibrary means an organized collection of resources made accessible to the public for
reference or borrowing supported with money derived from taxation.
12.
Marijuan means all parts of the plant Cannabis, whether growing or not, within a THC
concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin
extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. For the purposes of this
Ordinance,
nnabi or marijuana oes not include the mature stalks of the plant,
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fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture or preparation of the mature stalks,
except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
13.
Marijuana-infused product means products that contain marijuana or marijuana
extracts and are intended for human use. The term marijuana-infused products does not
include useable marijuana.
14.
Marijuana, Usabl means dried marijuana flowers. The term
not include marijuana-infused products.
15.
Medical Marijuana refers to the manufacture, production, processing, possession,
transportation, delivery, ingestion, application, or administration of marijuana for the
exclusive benefit of a qualifying patient in the treatment of his or her terminal or
debilitating medical condition.
16.
or means any location that is not indoors
structure as defined herein.
17.
rs
means an individual, corporation, business trust, estate, trust, partnership,
association, joint venture, government, governmental subdivision of agency or any other
legal or commercial entity.
18.
rsonally Identifiable Informati
means any information that includes, but is not
limited to, data that uniquely identify, distinguish, or trace a person s identity, such as the
person s name, date of birth, or address, either alone or when combined with other
sources, that establish the person is a qualifying patient or designated provide.
19.
laygr
means a public recreation area for children, usually equipped with swings,
slides, and other playground equipment, owned and/or managed by a city, county, state,
federal government, and private landowner.
20.
sable marijuana does
ithin a fully enclosed and secure
rocess means to handle or process cannabis in preparation for use.
21.
rocesser, Marijuana means a person licensed by the State Liquor Control Board to
process marijuana into useable marijuana and marijuana-infused products, package and
label usable marijuana and marijuana-infused products for sale in retail outlets, and sell
usable marijuana and marijuana-infused products as wholesale to marijuana retailers.
22.
roducer, Marijua
means a person licensed by the State Liquor Control Board to
produce and sell marijuana at wholesale to marijuana processors and other marijuana
producers.
23.
roduce or Production means to manufacture, plant, grow, or harvest cannabis or
marijuana.
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24.
lic Park means an area of land for the enjoyment of the public, having facilities for
rest and/or recreation, such as a baseball diamond or basketball court, owned and/or
managed by a city, county, state, federal government, metropolitan park district, or
private landowner.
25.
lic Plac includes streets and alleys of incorporated cities and towns; state or
county or township highways or roads; buildings and grounds used for school purposes;
public dance halls and grounds adjacent thereto; premises where goods and services are
offered to the public for retail sale; public buildings, public meeting halls, lobbies, halls
and dining rooms of hotels, restaurants, theaters, stores, garages, and filling stations
which are open to and are generally used by the public and to which the public is
permitted to have unrestricted access; railroad trains, stages, buses, ferries, and other
public conveyances of all kinds and character, and the depots, stops, and waiting rooms
used in conjunction therewith which are open to unrestricted uses and access by the
public; publicly owned bathing beaches, parks, or playgrounds; and all other places of
like or similar nature to which the general public has unrestricted right of access, and
which are generally used by the public.
26.
lic Transit Center means a facility located outside of the public right of way that is
owned and managed by a transit agency or city, county, state, or federal government for
the express purpose of staging people and vehicles where several bus or other transit
routes converge. They serve as efficient hubs to allow bus riders from various locations
to assemble at a central point to take advantage of express trips or other route to route
transfers.
27.
A.
B.
C.
D.
E.
F.
28.
lifying Patient means a person who:
Is a patient of a health care professional;
Has been diagnosed by that health care professional as having a terminal or
debilitating medical condition;
Is a resident of the State of Washington at the time of such diagnosis;
Has been advised by the health care professional about the risks and benefits of
the medical use of marijuana;
Has been advised by that health care professional that he or she may benefit from
the medical use of marijuana; and
Is otherwise in compliance with the terms and conditions established in RCW
69.51A. The term
lifying patient does not include a person who is actively
being supervised for a criminal conviction by a corrections agency or department
that has determined that the terms of this ordinance and RCW 69.51A are
inconsistent with and contrary to his or her supervision and all related processes
and procedures related to that supervision.
reation Center or Facility means a supervised center that provides a broad range of
activities and events intended primarily for use by persons under twenty-one years of age,
owned and/or managed by a charitable nonprofit organization, city, county, state, or
federal government.
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29.
reational Marijuana refers to the use of cannabis and its constituent cannabinoids
such as tetrahydrocannabinol (THC) and cannabidiol (CBD) for non-medical purposes.
30.
idential Treatment Facility means a facility providing for treatment of drug and
alcohol dependency;
31.
tailer, Marijuan means a person licensed by the State Liquor Control Board to sell
usable marijuana and marijuana-infused products in a retail outlet.
32.
tail Outlet means a location licensed by the State Liquor Control Board for the retail
sale of useable marijuana and marijuana-infused products.
33.
dary School means a high and/or middle school: A school for students who have
completed their primary education, usually attended by children in grades seven to twelve
and recognized by the Washington State Superintendent of Public Instruction.
34.
sitiv
means a location that is used primary by individuals under 21 years of
age such as an elementary or secondary school, playground, recreation center or facility,
child care center, public park, public transit center, library, and game arcade.
35.
A.
B.
C.
D.
E.
F.
G.
rminal or Debilitating Medical Conditi
means:
Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy, or
other seizure disorder, or spasticity disorders; or
Intractable pain, limited for the purpose of this ordinance to mean pain
unrelieved by standard medical treatments and medications; or
Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean
increased intraocular pressure unrelieved by standard treatments and
medications; or
Crohn s disease with debilitating symptoms unrelieved by standard treatments or
medications; or
Hepatitis C with debilitating nausea or intractable pain unrelieved by standard
treatments or medications; or
Diseases, including anorexia, which result in nausea, vomiting, cachexia, appetite
loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are
unrelieved by standard treatments or medications; or
Any other medical condition duly approved by the Washington state medical
quality assurance commission in consultation with the board of osteopathic
medicine and surgery as directed in this chapter.
36.
ble Cannabis or Usable Marijuana means dried flowers of the Cannabis plant. The
term sable cannabis or usable marijua
does not include marijuana-infused products
or cannabis products.
37.
Valid Documentatio means
A.
A statement signed and dated by a qualifying patient s health care professional
written on tamper-resistant paper, which states that, in the health care
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B.
C.
17.15.030.
1.
2.
17.15.040.
professional s professional opinion, the patient may benefit from the medical use
of marijuana;
Proof of identity such as a Washington state driver s license or identicard, as
defined in RCW 46.20.035; and
In the case of a designated provider, the signed and dated document valid for one
year from the date of signature executed by the qualifying patient who has
designated the provider.
Location Criteria for Marijuana Uses
A medical & recreational marijuana licensee shall not be issued a license if the
proposed licensed business is within one thousand feet of the perimeter of the grounds of
any of the following entities. The distance shall be measured as the shortest strait line
distance from the property line of the proposed building/business location to the property
line of the entities listed below:
A.
Elementary or secondary school;
B.
Playground;
C.
Recreation center or facility;
D.
Child care center;
E.
Public park;
F.
Public transit center;
G.
Library; or
H.
Any game arcade (where admission is not restricted to persons age twenty-one or
older.
No marijuana producer, processor, or retail outlet for medical or recreational purposes
may locate within any residentially zoned district unit in the City. Collective gardens may
not locate within residentially zoned districts of the City.
Business License
1.
A valid, current license is required from the Washington State Liquor Control Board for
operation of any recreational marijuana, producer, processor, or retail outlet. A copy of
this license shall be submitted to the City as part of the complete application for a permit
required by Section 17.15.050 below.
2.
Should the city institute a business license program, it shall be required from the City for
operation of any marijuana producer, processor, or retail outlet.
17.15.050.
1.
Marijuana Uses Allowed in Identified Zones
Marijuana production for medical and recreational purposes is an allowed use for those
properties outside of the 1,000 foot buffer around sensitive uses in the M
MANUFACTURING ZONING DISTRICT.
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2.
Marijuana processing for medical and recreational purposes is an allowed use for those
properties outside of the 1,000 foot buffer around sensitive uses in the M
MANUFACTURING ZONING DISTRICT.
3.
Marijuana retail uses for medical or recreational purposes are allowed for those properties
outside of the 1,000 foot buffer around sensitive uses in the
COMMERCIAL
ZONING DISTRICT.
4.
Collective Gardens for medical marijuana patients are allowed for those properties
outside of the 1,000 foot buffer around sensitive uses in the
COMMERCIAL
ZONING DISTRICT.
5.
No marijuana production, processing, or retail facilities for medical or recreational
purposes shall be established or conducted in a building that contains a dwelling unit.
17.15.060.
Medical Marijuana Collective Garden Land Use Permit
In order to site a Collective Garden, the owner of the property must obtain approval from the City
via a Collective Garden Land Use Permit. This requires the submission of a complete application
(as described in subsection 4 herein) and conformance with the following requirements:
1.
The siting of Collective Gardens shall be done in accordance with CMC 17.15.050 and
subject to satisfying the locational criteria set forth herein.
2.
Ownership and Limitation on Numbers. No more than one collective garden may be
located on a legal parcel of record, and the legal parcel must be owned or leased to one of
the members of the collective garden. A qualifying patient cannot be a member of more
than one collective garden, and must be a member of one collective garden for at least
thirty (30) days before transferring their membership to another garden. The collective
garden must maintain records of its membership for no less than three years.
3.
Fencing Requirement. All cannabis grown outside must be fully enclosed by a secure
fence at least eight (8) feet in height. The fence must include a lockable gate that is
locked at all times when a qualified patient or designated care provider is not in the
immediate area. Said fence shall not violate any other ordinance, code section or
provision of law regarding height and location restrictions and shall not be constructed or
covered with plastic or cloth except shade may be used on the inside of the fence. The
marijuana plants must not be visible from a public place.
4.
Collective Garden Land Use Permit Application. A complete application for a Collective
Garden Land Use Permit shall consist of the following:
A.
The name and address of all qualifying patients applying for the permit.
B.
Acknowledgement that they are responsible to possess proof of their qualifying
status and a unique identifying number from the State of Washington Drive s
License or Identification Card for all qualifying patient members of the collective
gardens on the premises at all times, available for law enforcement.
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C.
D.
E.
F.
G.
H.
5.
17.15.070.
A statement acknowledging that the permit applied for will be issued in
conformance with the laws of the State of Washington and that such issuance
does not confer upon the members of the collective garden immunity from
prosecution under federal law.
The location of the legal parcel where the cultivation collective garden will be
located, by street address and tax parcel number.
If the collective garden is to be located outdoors, the measures to be taken to
minimize odor-related complaints or a statement explaining why such measures
are not necessary;
Either the owner of the property shall sign the application, or the person signing
it must demonstrate that they have permission to sign the application on behalf of
the owner (for example, a copy of the lease, which shows that the lease is for the
specific purposes of operating a collective garden)
A statement of security requirements set forth in CMC 17.15.090.
One reproducible copy (eight and one half inch (8.5 ) by eleven inches (11 ) or
eleven inches (1
by seventeen inches (17 )) of the documentation set forth in
CMC 17.15.007.
A Medical Marijuana Collective Garden Land Use Permit shall expire three hundred and
sixty four (364) days from the date of issuance. Property owners wishing to continue the
land use permit must submit for the permit on an annual basis. The intent is to ensure
continued compliance with the conditions of permit issuance and to also ensure that the
members of the collective garden are not members of any other collective.
Documentation
All marijuana producer, processor, and retailer applicants for medical or recreational
purposes as well as collective garden applicants shall submit required materials specified
in CMC Titles 15 and 16.
17.15.080.
Signs and Advertising
1.
All signage and advertising for a marijuana processor, producer, or retail outlet for
medical or recreational purposes shall comply with CMC Chapter 15.48, CMC Title 17,
and WAC 314-55-155 (and all applicable rules and regulations promulgated thereunder).
2.
Violations of this Section related to CMC Chapter 15.48 and CMC Title 17 shall result in
a fine set forth in CMC 17.28. The City may enforce this section pursuant to CMC
Chapter 17.28. For violations of WAC 314-55-155 and 314-55-525, the City may report
the violation to the State Liquor Control Board.
17.15.090.
1.
Security Requirements
Security measures at all licensed premises shall comply with the requirements of WAC
314-55-083 (and all applicable rules and regulations promulgated thereunder).
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17.15.100.
Report of Disturbances and Unlawful Activity
1.
All licensees and any agent, manager, and employee thereof shall immediately report to
the City Police Department any disorderly act, conduct, or disturbance and any unlawful
activity committed in or on the licensed and permitted premises, including, but not
limited to, any unlawful resale of marijuana, and shall also immediately report any such
activity in the immediate vicinity of the business.
2.
Each licensee shall post and keep at all times visible to the public in a conspicuous place
on the premises a sign with a minimum height of fourteen (14) inches and a minimum
width of eleven (11) inches with each letter to be a minimum of one-half (1/2) inch in
height, which shall read as follows:
WARNING:
The City of Colfax Police Department must be notified of all
disorderly acts, conduct or disturbances, and
all unlawful activities which occur on or within the premises
of this licensed establishment.
3.
It shall not be a defense to a prosecution of a code enforcement action under this Section
that the licensee was not personally present on the premises at the time such unlawful
activity, disorderly act, conduct or disturbance was committed; however, no agent or
employee of the licensee shall be personally responsible for failing to report any
disorderly act, conduct, or disturbance and any unlawful activity hereunder if such agent,
servant or employee was absent from the premises at the time such activity was
committed.
4.
Failure to comply with the requirement of this Section shall be grounds for revocation of
a permit.
17.15.110.
Visibility of Activities; Control of Emissions
1.
All activities of the medical and recreational marijuana business, including, but not
limited to, cultivating, growing, processing, displaying, manufacturing, selling, and
storage, shall be conducted out of the public view.
2.
Displays for medical and recreational marijuana production, processing, or retail facilities
shall not include any form of marijuana or marijuana paraphernalia against or within
view of exterior windows.
3.
Medical and retail marijuana retail facilities shall not include as part of their operation
drive-through sales, exterior sales, or off-site sales.
4.
Sufficient measures and means of preventing smoke, odors, debris, dust, fluids, and other
substances from exiting the marijuana business must be in effect at all times. In the event
that any odors, dust, fluids or other substances exit a marijuana business, the owner of the
subject premises and the licensee shall be jointly and severally liable for such conditions
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and shall be responsible for the immediate, full clean-up and correction of such condition.
The licensee shall properly dispose of all such materials, items, and other substances in a
safe, sanitary, and secure manner and in accordance with all applicable federal, state, and
local laws and regulations.
17.15.120.
1.
17.15.130.
Hours
Medical and recreational marijuana retail facilities shall not be open to the public
between the hours of 12:00 a.m. and 8:00 a.m.
No City Liability-Indemnification
1.
By accepting a permit issued pursuant to this Chapter, the licensee waives and releases
the City, its officers, elected officials, employees, volunteers, and agents from any
liability for injuries, damages, or liabilities of any kind that result from any arrest or
prosecution of business owners, operators, employees, clients or customers for a violation
of federal, state, or local laws and regulations.
2.
By accepting a permit issued pursuant to this Chapter, all licensees, jointly, and severally,
if more than one, agree to indemnify, defend and hold harmless the City, its officers,
elected officials, employees, volunteers, and agents, insurers and self-insurance pool
against all liability, claims and demands on account of any injury, loss or damage,
including, without limitation, claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, or any other loss of any kind whatsoever arising
out of or in any manner connected with the operation of the marijuana business that is the
subject of the license.
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Exhibit 2: Marijuana Buffer Map
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