18.57.080 Recreational marijuana development requirements.
(1) Marijuana producers and marijuana processors are prohibited in all zones.
(2) Marijuana retailers shall only be permitted as allowed under Chapter 69.50 RCW and Chapter 314-55 WAC and shall only be operated by persons or entities holding a valid marijuana license from the Washington State Liquor Control Board issued under Chapter 314-55 WAC and any other applicable state laws and regulations.
(3) Marijuana retailers shall only be allowed within the city of Electric City municipal boundaries if appropriately licensed by the state of Washington and in possession of a current business license issued by the city of Electric City and operated consistent with the requirements of the state and all applicable city ordinances, rules, requirements, and standards.
(4) Marijuana retailers shall be the primary use at a location, and shall only be allowed within the city of Electric City in those zoning districts where it is specifically identified as an allowed use. Marijuana retailers shall only be allowed in the commercial zones defined and identified in Chapter 18.40 ECMC.
(5) The selling or delivery of recreational marijuana, marijuana-infused products, or useable marijuana may not be conducted alone or in association with any business establishments, dwelling unit, or home occupation located in any of the following zoning districts in the city of Electric City: R-1, R-2, R-3 and S-1.
(6) Marijuana retailers shall not include drive-through, exterior, or off-site sales. Marijuana retailers shall not be located in a mobile or temporary structure.
(7) In accordance with WAC 314-55-147, marijuana retail sales shall not be open to the public between the hours of 12:00 a.m. and 8:00 a.m.
(8) Signage for marijuana retail businesses shall be subject to the requirements of WAC 314-55-155 and Chapter 18.60 ECMC, whichever is more restrictive. No off-premises signage is permitted.
(9) Displays against or adjacent to exterior windows shall not include marijuana or marijuana paraphernalia.
(10) An existing nonconforming use located within a zoning district that would otherwise not permit marijuana uses, such as an old convenience store in a residential district, shall not be allowed to convert to a marijuana use.
(11) Marijuana retailers shall connect to all city of Electric City utilities.
(12) Marijuana retail sales are not permitted as a home occupation under Chapter 18.40 ECMC.
(13) Retail marijuana sales may not be located within any other businesses, and may only be located in buildings with other uses only if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel.
(14) Marijuana retail sales are subject to all applicable requirements of Title 69 RCW and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended.
(15) Marijuana retail sales must take place within fully enclosed secure indoor facilities.
(16) No delivery of marijuana shall be visible to the public nor may it be visible through windows. A screened and secured loading dock, approved by the planning director shall be required. The objective of this requirement is to provide a secure, visual screen from the public right-of-way and adjoining properties, and prevent the escape of product when delivering or transferring marijuana, useable marijuana, and marijuana-infused products.
(17) All marijuana retailers shall allow inspection of the site and facilities by city personnel including law enforcement for compliance with all applicable state and local permits and licenses at any time during regular business hours.
(18) An application for a recreational marijuana business shall include the following information in addition to any application requirements required by the underlying zone:
(a) The application shall be made by:
(i) A marijuana State Liquor Control Board licensee; or
(ii) An applicant for a State Liquor Control Board marijuana license.
(b) The application shall include a copy of the state-issued license or a copy of the license application on file with the State Liquor Control Board. A city business license shall not be issued for a recreational marijuana business unless the applicant is a State Liquor Control Board marijuana licensee.
(c) A map drawn to scale showing that the proposed recreational marijuana business is at least 1,000 feet from all uses specified in RCW 69.50.331 and WAC 314-55-050. A survey prepared by a surveyor licensed in the state of Washington may be required by the director.
(19) A recreational marijuana business shall meet all security requirements as required by WAC 314-55-083 and shall provide proof of such operational security system prior to issuance of a city business license. In addition to the security requirements in Chapter 314-55 WAC, during nonbusiness hours, all recreational marijuana producers, processors, and retailers shall store all useable marijuana, marijuana-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For useable marijuana products that must be kept refrigerated or frozen, these products may be stored in a locked refrigerator or freezer container in a manner approved by the planning director, provided the container is affixed to the building structure.
(20) All chemicals, gases, and hazardous materials shall be handled in compliance with all applicable local, state and federal regulations. No chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or storm sewer system, nor be released into atmosphere outside of the structure where the business is located. (Ord. 515 § 1, 2016)