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Home My WebLink AboutCorrespondence - BOCCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT:BOCC REQUEST SUBMITTED BY:DSTONE CONTACT PERSON ATTENDING ROUNDTABLE.. DSTONE CONFIDENTIAL INFORMATION: DYES ® NO DATE: 8/1/2024 PHONE:509-754-2011 kaa LU OAgreement / Contract 7AP Vouchers DAppointment / Reappointment 0ARPA Related D Bids / RFPs / Quotes Award 013id Opening Scheduled E] Boards / Committees D Budget DComputer Related 0 County Code ElEmergency Purchase D Employee Rel. F-1 Facilities Related El Financial F1 Funds ElHearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County El Leases DMOA / MOU ❑ Minutes F-1 Ordinances ❑ Out of State Travel 0 Petty Cash 0 Policies El Proclamations El Request for Purchase ❑ Resolution 7 Recommendation 0 Professional Serv/Consultant D Support Letter E]Surplus Req. E]Tax Levies F -]Thank You's OTax Title Property iiRWSLCB - -, i6io h F RDIN DR, GE5N ,UG s_7 ;Term Letter to WA Tier 3 PP LLC, C Falk regarding License No. 426730 and No. 427537 The application for change of location into Grant County is denied by Commissioners due to current moratorium but approved by the Washington State Liquor and Cannabis Board (WSLCB). Letter informs the applicant that violation of Ordinance will result in formal enforcement action. If necessary, was this document reviewed by accounting? ❑ YES F-1 NO 7= N/A If necessary, was this document reviewed by legal? ❑ YES ❑ NO Fm -1 N/A DATE OF ACTION: APPROVE: DENIED ABSTAIN D1: D2: D3: 4/23/24 r-11 DEFERRED OR CONTINUED TO: er -Zo -2, WITHDRAWN: August 6, 2024 Cary Robert Falk WA Tier 3 PP LLC 1874 N. Batum Rd. Ste 700 Odessa, WA 99159 GRANT COUNTY OFFICE OF THE BOARD OF COUNTY COMMISSIONERS P 0 Box 37 EPHRATA WA 98823 (509) 754-2011 Regarding: License # 426730 — UBI 604-965-214-001-0004 & License #427537 — UBI 604-965-214- 001-0003 Applicant Cary Robert Falk, The Grant County Board of County Commissioners (BOCC) recently received two "Notice of Marijuana License Application[s]" from the Washington State Liquor and Cannabis Board (WSLCB) for "change[s] of location" of your WA Tier 3 PP, LLC from Odessa to 5735 Road L SE Moses Lake, WA which is zoned irrigated Agricultural (AG). By unanimous vote, the BOCC stated its disapproval of these applications due to the current moratorium on all cannabis producer -processors that was implemented on July 25, 2023, which includes applications for relocations to Grant County. On Julie 26, 2024, based on Grant County's current moratorium ordinance, we fon-nally requested the WSLCB to deny your licensing request for relocation to the 5735 Road L SE STE C address. On July 11, 2024, we received a letter from the WSLCB indicating that they did not approve our request to deny licensing for relocation to that address based on WAC 314-55-050 and RCW 69.50.331 (10). Please be advised that receiving a license from the WSLCB does not supersede local zoning laws or ordinances and the current moratorium prohibits your business from relocating to Grant County, specifically 5735 Road L SE, Ste B & C. If you take occupancy and begin operation, you will be in violation of Ordinance 23 -067 -CC (attached) and formal enforcement action can commence. Sincerely, BOARD OF COUNTY COMMISSIONERS Cindy Carter, Chair Aes Danny E. Stone, Vice -Chair Cc: Kevin McCrae, Prosecuting Attorney Grant County Sheriff, Joe Kriete Danny E. Stone District I Rob Jones District 2 Rob Jones, Member Cindy Carter District 3 "To MEET CURRENT AND FUTURE NEEDS? SERVING TOGETHER WITH PUBLIC AND PRIVATE ENTITIES, WHILE FOSTERING A RESPECTFUL AND SUCCESSFUL WORK ENVIRONMENT." ORDINANCE C� -3 __ C' (0 7 I C. C11-1 son nulk,% as 0. WHEREAS, Washington voters passed Initiative 502 at the November 2012 General Election; WHEREAS, said Initiative in part authorized effective December 6, 2012 adults twenty- one years of age or above to legally possess, under State of Washington law, up to one ounce of 0 0 a 0 marijuana, or sixteen ounces of marijuana -infused product, or seventy-two ounces of marijuana - infused product in liquid form; WHEREAS, 1-502 provides for the State licensure of producers, processors, and retailers of marijuana by December 1, 2013 in accordance with the Washington State Liquor Control Board's (WSLCB) promulgation of rules for such; WHEREAS, following the adoption of final rules and the issuance of recreational marijuana licenses, the Washington State courts and Washington Attorney General declared that 1-502 left in place the normal powers of local government to regulate businesses within their jurisdiction, including the production, processing, and retail sale of recreational marijuana; anjuana; WHEREAS, County residents have expressed concern about the real and potential effects of marijuana facilities on neighboring properties and neighborhoods; WHEREAS, the Department of Ecology and Grant County Building and Planning have expressed concern regarding illegal usage of U.S. Bureau of Reclamation waters, and the unmonitored and over usage of well water sited in agricultural areas of Grant County in the growing and production of marijuana; WHEREAS, RCW 36.70A.390 and RCW 36.70.795 authorize the County Commissioners to adopt a moratorium, interim zoning ordinance, or interim official Control, without notice and public hearing, provided that the County holds a public hearing within 60 days after the adoption of the moratorium, interim zoning ordinance, or interim official control and adopts findings of fact justifying the action immediately after such public hearing; WHEREAS, a six-month moratorium is necessary to preserve the status quo and provide the County Commissioners time to consult with relevant County departments and modify the Grant County code to address such enumerated concerns; WHEREAS, said moratorium is in the best interests of Grant County and is necessary to preserve the public health, safety, and welfare of the citizens; WHEREAS an interim ordinance adopted under RCW 36-70A.390 and RCW 36.70.795 maybe effective for no longer than six (6) months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period, and may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal; WHEREAS a moratorium is a recognized technique to avoid a rush for permits whenever a community decides to change its planning ordinances; NOW THEREFORE, the Board of Grant County Commissioners ordains as follows: S ection 1: Moratorium Imposed. Pursuant to the laws of the State of Washington, a moratorium is hereby imposed prohibiting within all areas of unincorporated Grant County the establishment, re -location, or licensure, of facilities, properties, or businesses involving the production or processing of recreational marijuana and marijuana infused products. While said moratorium is in effect no building permit, occupancy permit, other development permit or approval, or business license shall be issued for any of the purposes or activities set forth above. Should any permits or licenses be issued in error for the above purposes or activities, such shall be null and void. Section 2: Duration. The moratorium imposed by this ordinance shall continue in effect for six consecutive months from its effective date, unless repealed or modified by the Board of Grant County Commissioners in accordance with applicable law. Section 3: Public Hearing. Pursuant to RCW 36.70A.390 the Board of Grant County Commissioners shall hold a public hearing on this moratorium within sixty days of the adoption of this moratorium, issuance of findings of fact to immediately follow, to be held: Date: 08/08/2023 Time: 3:20 p.m. Location: Grant County Commissioners Hearing Room #101, Courthouse, Ephrata, WA Section 4: Vesting. This ordinance does not apply to any uses legally established, permits issued, or complete applications submitted, before the effective date of this ordinance. tj Section 5: Severability. If any section, sentence, or portion of this ordinance or its application to any person or circumstance should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section. 6: ]Effective ]Date. This ordinance shall become effective on the date of its adoption set forth below. Section 7: Findings of Fact. The Board of Count Commissioners, having had the benefit of the public hearing as required by RCW 36.70A.390 held as indicated in Section 3 above, adopt the above "WHEREAS" recitals as findings of fact in support of its action as required by RCW 36.70A.390. APPROVED AND ADOPTED this I Lt(jAw . day of July, 2023. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON -� im '<� 'y - Rob Jones, Chair c i J Cindy Carter Mem er . LI-riew r. �� 11 Danny E.one, Member ATTEST: Bar ara J. Vasqu Clerk of the Boar I Doll _� I _ I - I • 1 k_ Deputy Prosecuting Attorney Grant County Prosecutor's Office WSBA # 53946