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Ordinance 3969 Marijuana Licenses (2).pdfORDINANCE NO. 3969 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW CHAPTER OF THE EDMONDS CITY CODE RELATED TO THE CITY'S MONITORING OF STATE ISSUED MARIJUANA LICENSES. WHEREAS, the city council would like to process state -issued marijuana licenses similarly to the way it processes stated -issued liquor licenses; and WHEREAS, the city has an adopted process for investigating and potentially objecting to state -issued liquor licenses in chapter 4.20 ECC; and WHEREAS, the provisions of this ordinance are intended largely to mimic the provisions chapter 4.20 ECC, while preserving as effectively as possible the city's ability to object to a pending marijuana license pending before the liquor control board; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 4.26 of the Edmonds City Code, entitled "Marijuana License - Investigations," is hereby adopted to read as follows: 4.26 Marijuana Licenses Issued by the State 4.26.010 Processing of notices of pending marijuana licenses. A. Investigation by Mayor. Upon receipt by the city of a notice of a marijuana license application from the Washington State Liquor Control Board to produce, process, or sell marijuana within the city of Edmonds, the mayor shall make such investigation of the applicant and location as he deems appropriate, including but not limited to directing an investigation by city employees such as the police department. B. Notification and Recommendation to City Council. The mayor shall transmit to the city council a recommendation of approval or objection regarding both the applicant and the proposed location. The recommendation shall be considered at the first available city council meeting following conclusion of the mayor's investigation, but in no event shall it be considered by the city council later than 19 days after the date of the notice from the Liquor Control Board. The city council, sitting in public meeting, shall thereupon consider and vote upon the recommendation of the mayor. C. Approval / Acquiescence. In the event the city council finds the application acceptable, it shall instruct the mayor to transmit the city council's approval to the Liquor Control Board. D. Objection. In the event the city council finds the application objectionable, it shall instruct the mayor to transmit to the Liquor Control Board the objections had by the council against the applicant or against the premises for which the license is asked, and shall include in such instructions the facts upon which such objections are based. E. Request for Hearing. In the event the council has found objection to the application it shall also determine whether it would like to request an adjudicative hearing before final action is taken on the license by the Liquor Control Board. If the city council would like a hearing, it shall direct the city attorney to make the oral argument in support of such objections in the event the Liquor Control Board fixes a time for oral argument. F. Request for Extension of Time to Consider Application. In the event the city council may not have a public hearing scheduled within the 19 -day period following the transmittal of the notice from the Liquor Control Board, upon receipt of the notice from the Liquor Control Board the mayor shall immediately request an extension of the 20 -day period from the Liquor Control Board to provide time for the council to register its approval or objections. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. /_ll»:ZffikyAa MAYOR DAVE EARLING ATTEST/AUTHENTICATED : CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: April 18, 2014 PASSED BY THE CITY COUNCIL: April 22, 2014 PUBLISHED: April 27, 2014 EFFECTIVE DATE: May 2, 2014 ORDINANCE NO. 3969 SUMMARY OF ORDINANCE NO. 3969 of the City of Edmonds, Washington On the 22nd day of April, 2014, the City Council of the City of Edmonds, passed Ordinance No. 3969. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING A NEW CHAPTER OF THE EDMONDS CITY CODE RELATED TO THE CITY'S MONITORING OF STATE ISSUED MARIJUANA LICENSES.. The full text of this Ordinance will be mailed upon request„ DATED this 23rd day of April, 2014. 0 CITY CLERK, SCOTT PASSEY Everett Daily Herald Affidavit of Publication State of Washington } County of Snohomish } ss Teresa Snyder being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH558443 ORD 3968-3969 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 04/27/2014 and ending on 04/27/2014 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $46.44. Subscribed and sworn before me on this day of ry V, Notary Public in and for the State of Washington. SUSAN��°�� ,k., Cily ofE.dmondo- LEGAL ADS 114101416 SCOTT PASSEY ORD 3968-3969 GTO N My C=NWw 4 X011 S i 2„ 0"Cr of tlta CCCy 01 r41=11149„ Moshirri,gton the 22nd Day of April 2014„ 4he CCy Crr mull et Ora Cftyp 01 fonds, Washinrol,on, oaeaad VCr0 Co"owinq ordinances 'Phe 'MARENWANIA LICENSES, Thn PWBI taxt of any Oratlrhtlrm;ai will be mailed upon request. Dated this POW.UayofApo 11, 2014,. yy,y CLERK, SCOTT PASSEY Published: April 27.2014,