HomeMy WebLinkAbout3999ORDINANCE NO.ru1
AN ORDINANCE of the City Council of the
City of Kent, Washington, declaring an emergency
and adopting a six-month moratorium within the
city of Kent on the establishment, location,
operation, licensing, maintenance or continuationof medical marijuana collective gardens or
díspensaries, asserted to be authorized or actually
authorized under E2SSB 5073, Chapter 181, Lawsof 20LI, Chapter 69.514 Revised Code of
Washington, or any other laws of the state of
Washington, setting a date for a public hearing onthe moratorium, and providing that the
moratorium will take effect immediately upon
passage.
RECITALS and PRELIMINARY FINDINGS
A. The possession or distribution of marijuana has been and
continues to be a violation of state law pursuant to Chapter 69.50 Revised
Code of Washington (Washington's Uniform Controlled Substances Act),
and federal law, through the Controlled Substances Act ("CSA").
B. Initiative Measure No, 692, approved by the voters of
Washington State on November 30, 1998, and now codified as Chapter
69.514 RCW, created a limited defense to marijuana charges under state,
not federal, law if the person charged could demonstrate that he or she
Emergency Six-Month Moratorium
Medical Marijuana
1
was a qualifying patient or designated provider as those terms are defined
in Ch. 69,514 RCW. In 2007, the state legislature amended the law, and
again in 2011, the state legislature passed a third amendment to the law,
E2SSB 5073, Chapter 181, Laws of 20L1, portions of which the Governor
vetoed. The newly amended law will take effect on July 22, 2OIL
C. Prior to issuing her partial veto, the Governor received a letter
signed by Washington's two top U.S. Attorneys, Mike Ormsby and Jenny
Durkin. In their letter, they wrote that marijuana is a Schedule I
controlled substance under federal law, and as such, "growing, distributing
and possessing marijuana in any capacity, other than as part of a federally
authorized research program, is a violation of federal law regardless of
state laws permitting such activities." These U.S. Attorneys also
concluded, "state employees who conducted activities mandated by the
Washington legislative proposals would not be immune from liability under
the CSA." A copy of that letter is attached and incorporated as Exhibit A,
D. Because the Governor vetoed 36 of the 58 sections of the
legislature's bill amending Chapter 69.514 RCW, the law, in its final form,
understandably has inconsistencies and ambiguities. For example, certain
sections that were not vetoed make reference to other sections that were
vetoed.
E. Further, as these legislative amendments developed, Kent
saw the establishment of medical marijuana "dispensaries" within city
limits. These dispensaries offer marijuana and marijuana products to
numerous persons, asserting that they are operating as designated
providers within the meaning of Chapter 69.51A RCW as it currently exists.
These businesses are variously referred to as dispensaries, cooperatives,
patient cooperatives, or patient networks, both for profit and not for profit.
Emergency Six-Month Moratorium
Medical Marijuana
2
These businesses are illegal under both state and federal law, and the city
has provided notice to these businesses that they are to cease illegal
activity.
F. Persons or entities operating these purported medical
marijuana dispensaries interpreted the current law to allow storefront
operation of distribution centers for medical marijuana. Many of these
dispensaries obtained business licenses to operate their businesses using
false, misleading, or vague statements. See Exhibits B through I,
attached. The city continues to receive new requests and inquiries from
persons interested in operating additional dispensaries in Kent,
G. The recent amendments to Chapter 69,514 RCW change the
scope and effect of the law. New sections affect the rights of qualifying
patients and their designated providers. The law now allows "collectlve
gardens" that provide for growing and cultivating up to 45 plants to serve
no more than 10 qualifying patients, The law also provides other changes
to the rights and responsibilities of medical marijuana patients and their
designated providers.
H. The operators of medical marijuana dispensaries are already
interpreting the newly amended law in ways to assert that they can
continue to operate in Kent. See Exhibit J, attached and incorporated by
this reference.
I. The new law, however, clearly delegates to cities the
authority to implement zoning requirements, business licensing
requirements, health and safety requirements, and business taxes as those
requirements and taxes relate to the production, processing, or dispensing
of medical marijuana. In particular, local regulations could address
ambiguities concerning the location and operation of collective gardens.
Emergency Six-Month Moratorium
Medical Marijuana
3
J. The city council requires time to conduct appropriate research
to understand the extent of the changes provided in the new law, to
analyze impacts and potential liabilities under federal law, and to
determine an appropriate regulatory framework for any new uses that are
allowed under these laws. The city must ensure that proposed locations
for these operations are appropriate and that any potential secondary
impacts arising from the operation of these uses or facilities are minimized
and mitigated. These secondary impacts may include, but are not limited
to, burglaries associated with the cash and marijuana maintained on the
site, or an increase of other illegal activities, such as drug use, within the
vicinity of these dispensaries. In particular, and without limitation, staff
should analyze the impacts of allowing these uses and facilities in
residential zones as well as impacts arising from the proximity of these
uses and facilities to schools, daycares, parks, religious and cultural
facilities, jails and courthouses. Accordingly, the city council finds that a
zoning, licensing, and permitting moratorium should be established,
pending local review of appropriate locations and design requirements of
these operations, and impacts of the newly amended law and its
interaction with federal law,
K. Although the city council determines that a moratorium is
necessary for the reasons established above, the city council emphasizes
that it understands the needs of persons suffering from debilitating or
terminal conditions, as well as the benefits that approved medical use of
marijuana may provide these persons. Nevertheless, given the complex
legal and regulatory framework surrounding this issue, a moratorium
remains necessary until the city council can adequately address the
competing interests at play.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Emergency Six-Month Moratorium
Medical Marijuana
4
ORDINANCE
SECTION 7, - Preliminary Findinos. The recitals and fíndings set
forth above are hereby adopted as the city council's preliminary findings in
support of the moratorium imposed by this ordinance. The city council
may, in its discretion, adopt additional findings at the conclusion of the
public hearing referenced in Section 5 below.
SECTION 2. - Moratorium Imposed. Pursuant to the provisions of
Article LI, Section 11 of the Washington State Constitution, RCW
354,63.220, and RCW 36.704.390, a moratorium ís hereby enacted
prohibiting within the city of Kent the establishment, location, operation,
licensing, maintenance/ or continuation of any medical marijuana collective
garden or any medical marijuana dispensary, whether for profit or not for
profit, asserted to be authorized or actually authorized under E2SSB 5073,
Chapter 181, Laws of 2011, Chapter 69,514 RCW, or any other laws of the
state of Washington. No building permit, occupancy permit, or other
development permit or approval shall be issued for any of the purposes or
activities listed above, and no business license shall be granted or
accepted while this moratorium is in effect. Any land use permits,
business licenses or other permits for any of these operations that are
issued as a result of error or by use of vague or deceptive descriptions
during the moratorium are null and void, and without legal force or effect.
As used in this ordinance, the following terms have the meanings set forth
below:
A, "Medical marijuana dispensary" means any business, agency,
organization, cooperative, network, consultation operation, or other groupr
or person, no matter how described or defined, including its associated
premises and equipment, which has for its purpose or which is used to
Emergency Six-Month Moratorium
Med¡cal Marijuana
5
grow, select, measure, package/ label, deliver, sell, or otherwise transfer
(for consideration or otherwise) marijuana for medical use. A person who
is the designated provider for only one qualified patient during any 15 day
period and who complies with Chapter 69.514 RCW, shall not be deemed a
medical marijuana dispensary for the purposes of this moratorium,
B. "Medical marijuana collective garden" means a group of
qualifying patients that share responsibility for acquiring and supplying the
resources required to produce and process marijuana for medical use.
Examples of collective garden resources would include, without limitation,
the following: property used for a collective garden; or equipment,
supplies, and labor necessary to plant, grow and harvest marijuana;
marijuana plants, seeds, and cuttings; and equipment, supplies, and labor
necessary for proper construction, plumbing, wiring, and ventilation of a
garden of marijuana plants. A medical marijuana collective garden shall
satisfy the above definition regardless of its formation, ownership,
management, or operation as a business, agency, organization,
cooperative, network, consultation operation, group, or person. A person
who is the designated provider for only one qualified patient during any 15
day period and who complies with Chapter 69.514 RCW or a person who is
a qualified patient and who complies with 69.514 RCW, shall not be
deemed a medical marijuana collective garden for the purposes of this
moratorium.
SECTION 3, - No Nonconforming Uses. No use that constitutes or
purports to be a medical marijuana dispensary or medical marijuana
collective garden as those terms are defined in this ordinance, that was
engaged in that activity prior to the enactment of this ordinance shall be
deemed to have been a legally established use under the provisions of the
Kent City Code and that use shall not be entitled to claim legal
nonconforming status.
Emergency S¡x-Month Moratorium
Medical Marijuana
6
SECTION 4. - Effective Period for Moratorium. The moratorium set
forth in this ordinance shall be in effect for a period of six months from the
date this ordinance is passed and shall automatically expire at the
conclusion of that six month period unless the same is extended as
provided in RCW 35A.63.220 and RCW 36,704,390, or unless terminated
sooner by the city council.
SECTION 5, - Public Hearing. Pursuant to RCW 35A.63.220 and
RCW 36.704.390, the city council will hold a public hearing, at the city
council's regular meeting, at 7:00 p.m. in Council Chambers, Kent City
Hall, on Tuesday, July 19, or as soon thereafter as the business of the city
council shall permit in order to take public testimony and to consider
adopting further findings.
SECTION 6. - Referral to Staff. The planning director is hereby
authorized and directed to develop appropriate land use regulations
pursuant to the newly amended law for review and recommendation for
inclusion in the zoning regulations or other provisions of the Kent City
Code. The finance director is hereby authorized and directed to develop
appropriate business licensing and other regulations pursuant to the newly
amended law for review and recommendation for inclusion in the zoning
regulations or other provisions of the Kent City Code.
SECTION 7. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect,
SECTION 8. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
Emergency Six-Month Morator¡ um
Medical Marijuana
7
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/su bsection n u mbering.
SECTION 9. - Effective Date. The city council hereby finds and
declares that an emergency exists which necessitates that this ordinance
become effective immediately in order to preserve the public health, safety
and welfare. This ordinance shall become effective immediately upon
passage, The city clerk is directed to publish a summary of this ordinance
at the earliest possible publication date.
KE, MAYOR
ATTEST:
BRENDA JACOBER,RK
T R
Arl-hur
Duf"fu a4 ne/
Emergency Six-Month Moratorium
Medical Marijuana
A
,t
B
PASSED: 5 day of
APPROVED, ,5 day of
PUBLISHEo: I day of
2011.
201r.
20LL
I hereby certify that this is a true copy of Ordinance No.17
passed by the city council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated,
EAL)
BRENDA JACOB CITY CLERK
P:\C¡vil\Ordinance\Moratorium Med¡cal Mar¡juana ÞispensariesF¡nal,docx
Emergency Six-Month Moratorium
Medical Marijuana
9
Exhibit A
U.S. Department of Justice
U n ítetl Sta tes A tto rn e),
Eastern District of Washington
Suite i40 Thomas S. Foley It. S. Courîhoute (509) i53-2767
P. O, Ëox 1494 Fax (509) 353-2766
Spotøne, Washington 99 2 I 0' I 49 4
Honorable Christine Gregoire
Washington State Govcrnor
P.O. Box 40002
Olyrnpia, Washington 98504-0002
April 14, 2011
Re; Medical Marijuana I'egtslative Proposals
Dear Honorable Governor Gregoire:
We write in response to your letter dated April 13, 201 1, seeking guidance from the
Attorney General and oir two officcs concerning the practical effect of the legislation currently
being consider:ed by the Washington State Legislature concerniflg medical marijuana. We
understand that the proposals being considered by the tegislaturo would establish a licensing
scheme for marijuana growers and dispensaries, and for processors of marijuana-infused foods
among otherprovisions. We have eonsulted with the Attorney General and the Deputy Attorney
General about the proposed legislation. This letter is written to ensure there is no confusion
regardjng the Department of Justice's, vietv of such a licensing scheme.
As the Department has stated on many occasions, Congress has determined that
marijuana is a controlled substancc. Congress placed marijuana in Schedule I of the Controlled
Substances Act (CSA) zurd, as such, gtowing, distributing, and possessing marijuana in any
capacity. other than as part of a federally authorized rcsearch program, is a violation of federal
law regardless of state laws permitting such activities.
The prosecution of individuals and organizations involved in the trade of any illegal drugs
and the disruption of drug trafficking organizations is a core priority of the Department. This
core priority inoludes prosecution of business enterprises that unlawfully market and sell
marijuana. Accordingly, while the Depafiment does not focus its limited resources on seriously
ill individuals who use marijuana as part of a medically recommended treatrnent regimen in
compliance with state law as stated in the October 2009 Ogdcn Memorandum, we maintain the
authority to enforce the CSA vigorously against individuals and organizations that participate in
unlawful manufacturing aûd distribution activity involving marijuana, even if such activities are
permitted under state law. The Departmentis investigative and prosecutorial resources will
continue to be directed toward these objectivos.
Exhibit A
Flonorablc Christine Gregoire
April 14, 2011
Page 2
Consistent with federal law, thc Department maintains the authority to pursue criminal or
civil actions for any CSA violations whcnevcr thc Departmcnt determincs that such legal âction
is wanantcd. This insludes, but is rtot limited to, actions to snforce thc criminal provisions of thc
CSA such as:
- 21 U.S.C. $ 841 (niakirrg it illegal to manufácturc, distributc, or
possess with intent to distributc any controlled substancc including
marijuana);
- 2l U.S.C. $ 856 (making it unlawful to knowingly opcn, lcasc,
rent, maintain, or usc property for thc manuf'acturing, storing, or
distribution of controllcd substances);
- 2l U.S.C. $ 860 (rnaking it unlawful to distributo or manufacrure
controlled substanccs within I,000 feet of schools, collcgcs,
playgrounds, and public housing lhcilities, and within 100 feet of
any youth centers, publio swimming pools, and vidso arcadc
fâcilities);
- 2l U,S,C. $ 843 (making it unlawful to usc any communication
facility to commit felony violations of the CSA); and
- 21 U,S.C. $ 846 (making it illegal to conspire to cor¡mit any of
the crimes set forth in the CSA).
In addition, Irederal ûroney laundering and related statutcs which prohìbit a variety of diffe¡ent
typcs of financial activity involving the rnovement of drug procceds may likewise be utilized.
The Government may also pursue civil injrrnctions, and thc fbrfciturc of drug ¡rrocoeds, property
traccablc to such proceeds, and propcrty uscd to facilitate drug violations.
The Washington lcgislativc proposals will create a licensing schcmc that permits
largc-scale marijuana cultivation and ctistribution. This would ar¡thorize concluct contrary to
f'cderal law and thus, would undermine the fcderal govcrnmcnt's cfforts to regulatc tlrc
posscssion, manufacturing, and trafficking of controlled substanccs. Accordingly, the
Depzu-tmcnt could consider civil and criminal lcgal rcmedies regarding lhoss who sot up
marijuana growing facilities and dispensarics as they will bc doìng so in violation of f'cdcral law.
Others who knowingly facilitate the aetions of the licensees, including propcrty owners,
landlords, and financiers should also know that thcir conduct violates fe¿cral law. In addjtion,
stato cmployccs who conductcd activitics mandatc<l by thc Washington lcgislativc pfoposals,
would not be immunc from liability undcr the CjSA. Potential actions tlic l)cpartmenr corrld
considcr include injunctivc actions to prcvcnt cultivation antl disribution of marijuanq and othcr
associatsd violatio¡rs of the CSA; civil fines;criminal prosecution; and the fì¡rf'citure of any
Exhibit A
Honorable Christine Gregoire
April 14,2011
Page 3
properly used to facilit¿te a vioiation of the CSA. As the Attorney Oeneralhas repeatedly stated,
the Departnent of Justioo remains firmty oornmitted to enforcing the CSA in all states,
We'hope this lettcr assists the Sf¿te of Washingfon and pÕtèntiel licensees inmaking
informed decisions regarding thc cultivation, manufacture, and distibution of marijuana"
Very trrrlyyours,4 /L*ot^r*p-C
Durkan
States Altorney
Westem Distriot of Washington
Michael C, Ormsby
United States Attomey
Eastern District of V/xhinglon
Ordinance.No' 1962
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and tnformation furnlshed by me on this applicatlon ore public records ond ore avallable for pudìc lnspectìon pursuanrþ Stole afWoshlnglon RCW 42,17J60.
that issuonce of rhìs licen se ls conditloned upon complíance ot a,ltlmetwllh all oppllcoble ordlnances,regulotlons and sroÍutes of the City of Kent and the Stote
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Exhibit C
City of Kent ComrnerËial Business A.pplication
Clty of Kent Customer
Ordinance No.3035
220 Fourth Avenue S,
KENT Kent, WA 98032-5895
(253) 856-5210 Fax (2631
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tr Rental Houslng # Units tr Other
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Exhibit D
City of Kent Cornrnercial Business A.pplicaiion
City of Kent Customer Services
Drdinance No. 3035
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16, Floor Space Occupied by Business in Square 1 í
17, Address(es) of Warehouse/Distribution Centers in Kent
18. Are there any hazardous materials used or stored at location O Yes F to
If Yes, explain
19.
Print Name
XNCOMPLETE APPLICATIONS WILL NOT BE PROCESSED
Fee Muct AceomPanY APP|icatiott
(Circle One)
I'lew Buslness $154.00
New owner $154,00
Indep, Contractor $100.00
Opening
July 1or'after
$ 1 04,00
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LOCATION êÐÐRESS (IF DIFFER.ENT)BUSINESS N.4.l\48 - M.AJLING ADÐRESS
SLIN LEA-F lvÍEDiCAI CENTER
6625 S i90 ST #,8-103
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SUI'I LEA.F NIEDIC.AI CENTER
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KENT, \\¡A 98042
1. Business Phone:Fax:425'248-9066
Zip Code:State:
Z'ip Code: 98442State: WA
Hm Äddress t 25411 'l39TH AVE SE
City;KENT
Name:JUSTIN VANCE
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FIm Address:
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Hm Phone:
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2. Business Ot'ners: (Providc Corporatc Oä¡ccre, iiepplicablc')
DIAN IBAY 253-630-21e5
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Ilndividual flPartnershjP [ftCoryoration
603047697 L NAICS Code:7. UBI/Tax#¡
4. Þcscri¡ltiotr of Business:MED ICAL CCI'JSU LTATI OI'J SERVICE FO R PECPLE WITI{ OUT IIJBURANCE
P art Time: 0Full Tim e:1
N urr.- ftr[I - rr.-Io.or--r,í?o.Ø:-l-c El'other:
9. Floor Space Used: 950 Sq'Ff
I0- Mark if any of the following are on the premises: lAnusement Devíces )Gambling* lKaraole/Cabaret
*Pull Tabs, Puhch Boards, C¡¡d Room
J hercby ccñiry thåt thc statsmenls ¿nd info¡mation furnirbod by me onrhis application ¡rs trùe and complete to ths best ofmy knowìcdge'
sratsr¡ents ¡nd information ir*iirr.äly," on rhis application'arc public ¡ecords anrt ars ¿vailablc for public irrrpoction pursuant to stàte
Mail in the enclosed enveloPe with
Checlc/Money Order Payable to: Cify of Kent
(Do Not Inciude with your Utility Payiaent)
signature ,l¿/d.lL/L
Prlnt Name JJTI/r* Vt^-r-¿'
-?å*tlTitle{rtr:,J.r.4r
Møke a. clpy olthe completedfo
'rft,
for your records,
I also acknowicdlgc thãt the
of ir/asbington RCW
Date I
CITY OF KEhIT
Business Licenslng
220 4th Ave S
Kent, \rrlA 98032
(2$)A56-5210
EUSINESS LICENSE RENEWÁT- NOTTCE
KENT
W.ÈtslPÞlÞ!
For Licensing Period
January L,2011 'December 31,2011
Date Due:January 31, 20i I Amount Due $100,00 Busi¡ess License No' BLC-2100671
C ity of Ke nt t c rn rn e rc''åiBrtJl n *ss Appl I cati o n O¡dinance No.3035
Phone
KENT
City of Kent Customer Services
220 Fourth Avenue S=, n r r.t.
Kent, WA 98032-5895: rt.l k' t
(253) 856-s210 Fax (253) 856-6200
j,,LÌrd f i iütrtl
W^aHtNolÞr
PLEASETYPE oR PRESS F¡RMLY ,,:;iT i riF fiËi',¡î
Black or Dark Blue lnk Only i;'-lsitri¡ei Seiiri¡;s
All licenses axpire December 31. Renewalìnvoices-rn?llqp;¡A Ðeppç'Þen ¡ n i
1. wA stare uaw h03 t:¡? q7e'.Name of Business U (
Addiess Suite Art aÌ
Kent, WA Zip qTÒ3,
Phone (.)¡fi qz t- 4>*r:Fax [g;$h4Y-Lzrr
?. NAICS
4. El lndiv. Et partnership D LLC Ècorporation Provldeownarshipinformatlon;lncludesupplementallistîfneeded.
3. Date opened in'Kent Z-tíúl¿¡l-e.
Owner(s)Name(s)Home Address
10. Description of Business:
Zip
4Êo3>poËl l3/lå! 3
City
Io,n
Staie
f\'lÊ,+
5. Contact Person:
6. Name of Business Complex, if
7. Parent Company Name, if Applicqble: .
B. lndependent Contractor? B Yes n4o
9. Billing Address:zip
\Ito
r¿"^"r/itr¿
1 1. Type of Business: (Check
tr Wholesale Trade tr R.etail
Name
which apply)
Trade B''-Service E Manufacturing tr Construction U Govt"
Education n Health lndustry El Sales/MKgtr Transp.lGommun'lUtil' El Finance/lnsur-/RE D
tr Rental Housing # Units tr Other
12. DoYou Share a Location with Another Business z E4o D Yes Who?
13. lnclude Working Owners-Total # FullTime Employees:
r-)
Total # Part Time EmPloYees:
î. ,t"rn"ncy lnformation for Fire &Police Departments: TWO after
Ph one lcL 471'4 ):>.3 ¡:tane
hours LOGAL names & Phone numbers
Phone
15. Type of Building Occupied:ngle-Tenant tr Multi-Tenant E Single-TenantWarehouse
U MultþTenantWarehouse n Mixed-Use'Listmixed-uses:
16. Floor Space Occupied by Business in Squa re Feet
17. Address(es) of Warehouse/Distribution Centers in Kent
18. Are there any hazardous materials used or stored at location B Yes El-Ílo
lf Yes,
19
GOMPLETE APP LICATIONSWILL NOT BE PROCESSED 'l
Fee Must AccomPanY APPIication
(Clrcle One)
New Business $154.00
NÊw Dwnsr $154.00
lndep,Contractor $1Ð0.00
lVluliiple Dwelling
(3 m mÞE)
$100.00
Opening
July 1 or afier
$1n¿ D0*ñn¡,Sıu'50
$s0.00
Relocation in Kent
Prior Address:
No Cha ö01(c)(3)Req
No Charge
fis?54ÊA 12/08 Whlte: tsL Fll¡ eÞnEry! ApFllEñl'B Recålpl CÞÞy
Date Malled åF
Exhibit G
New Mailing,4-ddress
Check all boxes that aPPI¡':J Neu'ou'ner -J ofOut sinessBuRelocationKent
LOCATI ON .dDDRESS (iF DIFFER-ENT)
BUSDíESS N,A.\'IE - I{-AILING ADDRESS
HERBS.L CH OICE CAREGI\¡ERS
}9011 WEST VALLEY HWY S #AI 1O
KENT, WA 98032
T{ERBAL CH OICE C.AR-EGIVERS
19OI1 WEST VALLEY HWY #4110
I(ENT, W.A 98032
253-638-3639206-931-92531. Business Phone;F'ax
Zip CoderState:
Zlp Code: 98032State: WA
Hm,¡rddress: 21628 43RD PL S
City:KENT
Namel
Flm Á.ddrees:
Clt¡'¡
Hm Phone:
2. Business Owners: (P¡orride Corporetc Officers, if applicablc')
Name: DERYCKTSANG
Hm Phoner 206-931-9253
COLAMtsATSANG 206.852-8980
DERYCK TSANÖ 206-931-9253 Pbone;
Phone:
customer (rtem 754)
I llllllllllll lillllll lllll llilllll
ilffiilil ilIilllllllilllllll llllillllllllililPermlt (ltem 824)
|il ilill lllll
5. Employees at Kent Location as of 10/31/2010:
6. Business Organization:
Ilndividual [Parhrership BlCorporation
9. Floor Space Used: 700 Sq.Ft6030229728. NAICS Code:
Full Time: 2 Part Time:
'-)
¿4\
PROVIÞE EDUCATICN, I NFORMIATIO¡{ A ALTERNAT¡VE HERËAL REI\4EDIES
D LLC !O
7. UBUTax#
4. Dcsci'iption of B
Mait in the enclosed envelope rvith
Check/l\{oney Order Payable to; City of Kent
(Do Not Include with your Utilify Paymenf)
10. Mark if any of the foltowing are on the premìsesl lAmusement Ðevlces
RCW
knou'lcdge, I also acknowlsdgc that thcare true and compìcte to thc best of mya¡d informalion fumished by mc on this applicationccrtifl tìrrt lhe stalcmontsI lrcreby to SlÂte ofevailablc for publio inspcclion pursuantarc pub)ic rccords and a¡cståtcmcnts ãnd
atr ['/\iTitl4J^4.fhøn- DSignature
Make ø coPY of tlrc comPleted .form for your records,
Print Name
)Ganblíng* lKarcoke/Cabaret
+Pull Tabs, Punch Boards, Card Room
CITY OF KENT
Business Llcenslng
2?D 4ih Ave S
KÞnt, \ryA 98032
(?s3)856-s21 o
BUSII.{ESS LTCE}{SE REI-\ÌE\trAI NOTICE
KENT
h'¡Þrt!9ìÞ!
For Licensing Period
January 1, 2011 - Decembe¡ 31, 2011
Date Due: January 3 t, 201 1 "{.mount Due $100.00 Business License No. tsLC-270A524
Exhibit H
City of Kent Comme¡"cial Business Application
Clty of Kent Customer 9ervices
i::,ii;f!#;ruFntp
(2s3) Bs6_s2r.
i{ifiLrttiúroo
Ordlnance.l'lo, 3035
KENT
\fÁEÉlxclÞ{
PLEAsE rYPE oR PRESs FIRMLY O1{Y ?f^[ç]lcTÊs
i'i i :5,ï niJ SJäll,.t I "lL
"',,,,." ",
*P,Hå'S"d ffi ç e n t
wA srara vew 6OJ-14R-711
. NAICS
, Date opened ln Kent --* S-ln-
1
z
3
Name of Buslness
Address nnu n/./'='T<Þ*l Su¡te ln
Kent, WA 7lP 990 3?.
Phone( ) naxl )
4. E Indlv. D partnershlp n LLC fl Corporation prov¡de ownetshlp information¡ include supplemental llst if needed.
owner(s) Name(s) Home Address City State
rlû1,<7b -84'bîzlp
ltD3o
Phone
(
Fee Must Accompàny Âpplicatlon
(Circle one)
New business $154.00
lrlew Owner $154-00
Xndep, Contracbor t$100'00
Opèn¡ng
July I or.after
$1D4.oo
$1 04,00
s50.00
No Charge 5o1(c)(3)Reql{on-Profit
Relocation in Keñt lrlo Charge
Prlor Address:
5
6
7
B
9
Contact Person;
lrlame of Buslness Center/APartment Complex, lf Applicable
Parent Company lrlame, if Applicable:
lndependent Contractor? 0 Yes F No
zip l PoB z-Billing Address:ùlnu r.J r ç,¿¡ ¿+-Q lLl city/s
10, Þescription of Business:'\"J
11. Type of Eusiness: (Check those wlrich apply)
E Wholesale Trade F Retall Trade tr Service U Manufacturlng El Construction B Govt'
D Transp./Commun./Util, n Finance/Insur./RE n Education tr Health Industry tr Sales/lvlktg.
tl Rental Housing # Units
12. Do You Share a Locatlon wlth Another Business?EL ttlo U Yes Who?
13. Include working owners-Total # Full Time Employees: 2 Total # PartTime Employees:
14. Emergency Informãtion for Flre & Po.lice Departments: TWO after hours LOCAL names & phone nurnbers:
Name'W phoneíf, 73 !-tø1 ll¿ namW pt'oneå'fJf!ålefîL
U Other .
15.Type of Buildlng occupled: O Single-Tenant F Multi-lienant
E¡ tvlultl;IenantVy'arehouse E Mixed-Use-Listmlxed-uses:
16. Floor Space Occupied by Business in Square
17, Address(es) of Warehouse/Distribution Centers ln Kent xl/*
19, Are there any hazardous materials used or stored at locatlon o Yes F No
If Yes. exPlaln
E Single-Tenant Warehouse
flB?5464 t2l07 Whltel Bl. Flle c¡D¡rfl aPPllÈÈnt'3 ReßèlPt copY
Exhibit I
CITY OF KËNT
Buslness Ucensing
220 4thAve S
Kenl WA 98032
(253)85Ss210
BI]SINESS LICENSE RENEWÁI I*{OTICE
K ENT¡riclol
For LicçÐsi.g.period
Íanuary 1, 2011 - Þecember 31' 20i L
Date Due:3L,ZALL AmountDue $100.00 Bu¡iness License No. BLC¿100163
LnwKunr il"
hib¡t JIIFICE OF
Ex()
IlnnH L, pttC
S e u,t t, I e C ri nt. í, tt, u,l lJ e f Ê n, I e
MtrMO - ü'or Discussion Purposes Only
Th"*.çMo.d*.!+ fq"..Ítu*.orq A"*ess ru,Mq*liçpJ,Ë,fl+¡tþ.j$.jn Listtf of.thq Çotqrqu",.*Pnrfiat vqto of E?S$H,g0.Ë
'Ihe Ûovemor's partial veto o1'E2SSB 50?3 (also ref'ened to below as o'2011 TVash.
Laws, ch. I 8l ") created uncertainty for local jurisdictions by removing the "gt"rtsoo of
legislation that originally provideel clarity to the statels Meclical Mzu-ijuana.{ct, Chaprer
69,5tA RCV/.
This uncertainff is acldressed below by irlentifying and cliscussing threc mc¡clcls for
accessing safe, consistent, trnd sooure sourcss of medical quality cannabis. T'hese thrse
models include; collective gardens, pafienf networks, and non-profit pafient coopemtives.
Only the first model is explicitly discusscd irr 201 I 'Wash. Laws, ch. I I I . The following
two models (patient ûettvorks ancl non-profit patient oûoperr¡tivçs) arguably f¿ll within
the spirit of the posr-vcro E?SSB 5073.
Lastly, a short discussion is provided regnrding the legislation's express grant of'
authority to local jurisdictions with regard to the zoning, licensing, health and safety
requirements, and business taxes pefiaining to the production and processing of mgclical
cannahis.
A. Collectivc Gardens
Fost-veto Ë2SSl3 5073 allows t'or patients to form collestivc gar<lens. .See 2ûl t Wash.
Laws, ch. 181, sec. 403(1) ("Quajifying patients may create and par"ticipnte in collcctive
gmdens for the purpCIse of ptoducing, processing, transporting, and delivering cannabis
for medica.l use[.J"). These gardens ars limited tn 45 plants and 10 pntients, 'fhere is no
Iimit, however, to the numbc"r uf collective gardens thät mäy be located at any physisal
address and there is no indication on the length of time each patient is requirecl to be a
member of'a specífic collective garden. Irresuuubly. patients rnay be me¡nbers of several
collective gardens.
ln addition, nothing in the post-veto legislntion preclutles collectivq gardens from
operating a storefront for patients to açcess their medicine" A st<¡refront would be
beneficial not only to patients wh.o may not bç able 1o äro{tss a collective garden located
in a basement" Çr$wl $pace or garage. but also to the garden. A storefront avoi<|s
excessive human contact with the garden and helps to maintain heaÏth and safety
conconts in producing medical-quality cannabis. In general, garclens shoulcl hc protected
from human oxpo$ure; exposurs to multiple patieirts puts thü garden at risks of pla¡t
diseases, mites, etc.
1001 4rH AvE, SUITE 3?00, SIìATTì.E, WA 98154
www,sfl ATTt"R-cRrM¡NAt"ÞUrEN$Ë. COM
'I',ELt 2û6.V28.Q?AA F ¡x: 2Q6.$24.6224
K I,I¡ì,T(l)T}OËI II,LA W() F¡;ICIi. COM.
Exhibit J
Despite the potential flexibility in the ¡rtunber of gardeus ilt riny one tocation and each
msmber's length of ínvolvement in any particular garden, the l0 patient requirernent
would have to be carefully nlonitored tÕ flssure compliance with Chapter 69.514 RCliV.
B, Non-Profìt PntÍent Co-Operatives
Unl.ike collective gardens, a non-profit patient co-operative is not expressly ad.dressccl in
201 I Wash" Laws, ch. I B I . ll'his mndel, however, wfls endorsed by Dan Satterberg, the
King C-"ounty Prosecutor, in an internal mc,mo.
In our experience, there are cases where groups of inclivi<Juals slrare,
distribute, md cooperate in the growing and distribution of marijuana to
those medically in need. while ideally, all involved. would have proper
medical documentation, we do not lvish to prosecute these operatiorrs so
long as it is clcar that qualifying patients/providers are distributing to other
qualífying patient$/providcrs, and that $omerrne in the *lperation has proper
documentation.
Dan Satterberg. Medical Marijuana Case Review Sta¡rdards (200S)
ln general, a nort*profit patient cooperative woulcl work with several collectivc gardens ln
provide a snfe, consistent, and secure souroe of medical quality cannabis. The co"
operative could be zoned,, regulated and taxecl uncler 201 I Wash, [,årw$, ch, 181, seo.
I102 (lXZ) (discussed i¡r more detail below)"
This model eliminates the requirerneut for patients to grow their own medicine, fînd a
patient network, or find an available collective garden in their neighborhood that has
AI)A access, and clennlsafc mEdicine. The invest¡nent of time in cultivatirrg a gauden or
finding an available' secure collective garclcn is simply not nn o¡rtion f.trr patients
suffbring from the sudd$n onset of a clebilitating condition or treâtntenr.
Post-veto H?SSß 5û73 limits tlre nr¡mber of patients that may pårtiçipate in a collectivc
garden tc tËtt" but ha.t no requirement for the length of time for membership, Theref$rço a
non-prntìt pntient co-o¡rerativc th¿rt r,yorks with collective gardens may require its parients
to tenrporarily become ntembers af the specific collecfive garden that produced the
selected medicine. When the patient leave$, they sign docume¡rtation terminating
membership in that specific collective garclcn. tiven the provisional nature of
membership. collective gardens associaling with non-profit patient cooperatives must be
cautious nCIf to exce$d the l0 patient lirnit.
Additianally, each collective garden must be ìdenti{Ted at the cooperative, ând mu$t not
exceed the 45 plant litttit. To ¡rllow the collective garden to grr:w 45 plnrrts, at least three
patients must be members of the collective gnrden at all times,
Exhibit J
C. Medical Cannat is Patient Nehvorks
Msdical Çannabis ¡:atient netwçrks provide a mcans f'or patients to meet and gather. .A,
non-prtrfit "Patient Network" or "Mer{ical Cannabis Club'o is not expressly ad'dressed i¡
posf-veto a2ssB 5073, bu{ is arguably cousistent with the legisla.tion.
A Patienf Network would be comprised of a group of authorized meclical cannabispatignq. 'I'his group would have a physical aridress where they meet. Any authorizecl
rneclical cannabis patient may beconre a member. Membership fees would vary
dependlng on building rent and expen$ös to operate. T'his rypı of entity cr:uld associate
with collective gardens, Mernbers of'the Patiçnt Network rnây also fçrnr collectivç
gardens and possess, manufacture, and cieliver to other authorizecJ patients within thc
collective gnrden" The Patient Network could bc sulrject to zoning restrictio¡s, antl
health regulations. .5'(rø Wash. Laws, ch. I B l, sec. i l0Z (l XZ))
D, Lacsl Authority
201 I Wash" Laws, ch" I I l, sec- I l0? is clenr that regardless ûf vetoe<i portions of'the bill^
cities and tûl'vlls may create zoning, licensing, he¿ilth nncl snlÌ:ty standaicls, and business
ta,xes.
sec. 1102. {1) citics and towns may adopt and enf'orcs any of the
following pertaining to the procluction, processing. or rlispen*ing of
cannahis or cannabis produrts within their jurisdiction: zoning
requirements, busines.s licensing requirements, hsalth and safety
requirements, and business taxes. Nothing in this act is intended tr: limit
the authcrrity nf cities anil toums to inrposc zoning requirements or other
conditions upon licensecl dispensem, so long as such requirements do not
preclude tlre possibility of siting licensed dispensers within rhe
jurisdíction. If the jurisdictiort has no commercial r"ones, the jurisdictìc¡n is
not required to adopt zoning ts ¿rccommodate licensed dispensers.
(2) counties rnây adopt and enforce nny of the fbllowing pertaining to the
production, prccessing, or dispensíng of cannabis or cannahis producls
within tlreir jurisdiction in locations outside of the corporate li.mits of any
city or towrl: zoning requirement$, business licensing requirements, and
health nnd safbty requirements. Nothing in this act is intendecl to lilnit thE
aulhority of countics to impose zoning requircments or other conditions
upon licenser{ dispenser$, $o long a,s such requirements do not preclude the
possibility of siting licensed dispensers withín the juri"sclictìon. If thejurisdiction has no cornmercial znnns, the jurisdiction is not requirerJ to
adopt zonirrg to accoffrnodate liccnsed dispensers.
STATE OF WASHINGTON, COUNTY OF KING ÌAFFIDAVIT OF PI]BLICATIONPUBLIC NOTICELinda M Mills, being first duly sworn on oath that she is the LegalAdvertising Representative of theI(ent Reportera weekly newspaper, which newspaper is a legal newspaper ofgeneral circulation and is now and has been for more than six monthsprior to the date of publication hereinafter referred to, published inthe English language continuously as a weekly newspaper in KingCounty, 'Washington. The Kent Reporter has been approved asa Legal Newspaper by order of the Superior Court of the State ofWashington for King County.The notice in the exact form annexed was published in regularissues of the Kent Reporter (and not in supplement form) which wasregularly distributed to its subscribers during the below stated period.The annexed notice, a:Public Noticewas published on July 8, 2011The full amount of the fee charged for said foregoing publication isthe sum of $96.65.M. MillsLegalAdvertising Representative, Kent ReporterSubscribed and sworn to me this 8th day of July, 201 IotaryPublicCITYOFKENTNOTICE OF ORDINANCESPASSED BYTHECITYCOUNCILThe following is a summary ofordinances passed by the KentCity Council on July 5, 201l:ORDINANCE NO. 3999AN ORDINANCE of theCity Council of the City ofKent, Wæhington, declaring anemergency and adopting a six-month moratorium within theCity of Kent on the establish-men! location, operation, licens-ing, maintenance or continuationof medical marijuana collectivegardens or dispensaries, assertedto be authorized or actuallyauthorized under E2SSB 5073,Chapter 181 Laws of 2011,Chapter 69.514 Revised Code ofWashington, or any other laws ofthe stâte of WashingtorL setting adate for a public hearing on themoratorium, and providing thatthe moratorium will take effectimmediately upon passage.Effective Date: July 5, 2011Each ordinance will take effect30 days from the date of passage,unless subjected to referendumor vetoed by the Mayor, or rmlessotherwise noted. A copy of thecomplete terl of any ordinancewill be mailed upon request tothe City Clerk.Brenda Jacober, CMC,City ClerkPublished in the Kent Reporteron July 8, 20 1 I . #506867 .tnP. O. Number'Washingtonthe State of Washington, Residing