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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: DESTONE CONTACT PERSON ATTENDING ROUNDTABLE: DESTONE CONFIDENTIAL INFORMATION: ❑YES ® NO DATE. 09/24/2024 PHONE: 509-754-2011 brAg sm K101mumegu ago dr.Alij= ❑Agreement / Contract ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code ❑Emergency Purchase El Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ®WSLCB SUGGESTED WORDING FOR AGENDA: fflLo. hate When er , Why, Term, costs etc.) Letter to WA Tier 3 PIP LLC, C Falk regarding License No. 426730 • No. 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 may result in formal enforcement action. If necessary, was this document reviewed by accounting? ❑ YES ❑ NO R N/A If necessary, was this document reviewed by legal? ❑ YES ❑ NO * N/A DATE OF ACTION: DEFERRED OR CONTINUED TO: WITHDRAWN: APPROVE: DENIED ABSTAIN D1: D2-. C 0 Py D3: 4/23/24VS ( I D �- Grant County Office of The Board of County Commissioners P 0 Box 37 Ephrata WA 98823 (509) 754-2011 October I , 2024 Cary Robert Falk WA Tier 3 3 PP LLC 1874 N. Batum Rd. Ste 700 Odessa, WA 99159 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 establishment, re -location, or licensure requests of cannabis producer -processors which was implemented on July 25, 2023. This would include, of course, include any applications for relocations to Grant County. On June 26, 2024, based on Grant County's current moratorium ordinance, we formally 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 may commence. We are aware that you have previously received a letter from the Grant County Sheriff on this matter. We are not aware that you have re -located your business to Grant County. We are simply writing to ask that you refrain from any re -location effort until the issues we addressed in our moratorium ordinance are finalized in the Grant County code and our Unified Development Plan. Sincerely, BOA" OF COUNTY COMMISSIONERS A ) UAA e Oice Chair Cindy)ffk-�e�r, -air Danny E. one, -Chair Rob Jones ember Aes Cc: Kevin McCrae, Prosecuting Attorney Grant County Sheriff, Joe Kriete Danny E. Stone Rob Jones Cindy Carter 96 District 1 District 2 District 3 To meet current and future needs, serving together with public and private entities, while fostering a respectful and successful work environment." __� O�, ORDINANCE 03 " �lp AN INTERIM ORDINANCE ADOPTING A SIX-MO NTH MORA TORIUM ON THE ESTABLISHMENT, RE -LOCATION OR LICENSURE OF FACILITIES, PROPERTIES, OR BUSINESSE S INVOLVING THE PRODUCTION AND PROCESSING OF RECREA TIONAL MARIjUANA OR MARIJUANA INFUSED PRODUCTS AND DIRECTING THE SCHEDULING OF A PUBLIC HEARING 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 marijuana, or sixteen ounces of marijuana -infused product, • p t, or seventy-two ounces of marivana- in fused product in liquid form; i• WHEREAS, I-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 Washin gton Attorney General declared that I-502 left in place the normal powers of local government • jurisdiction,.g nt to regulate businesses within their including the production, processing, and retail • • p g, ail sale of recreational marihuana; WHEREAS, County residents have expressed concern • p about the real and potential effects of marijuana facilities on neighboring and neighborhoods; WHEREAS, the Department of Ecologyand Grant Co • 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 gri tural areas of Grant County in the growing and production of marijuana; WHEREAS, RCW 36.70A.390 and RCW 3 6.70.795 authorize the County Commissioners to adopt a moratorium, interim zoning ordinance, or interim official control without notice and public hearing, provided that the Co ' County holds a public hearing within 60 days after the adoption of the moratorium interim zon ing ordinance, or interim official control and adopts findings of fact justifying the action immediately after such public hearing; WHEREAS, asix-month moratorium is necessaryto ' the County preserve the status quo and provide Commissioners time to consult with relevant Count • y departments and modify the Gr ant 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 und er der RCW 36.70A.390 and RCW 3 6.70.795 maybe effective for no longer than six(6)months but m '. may be effective for u to one e ' work plan is developed for related p year if a p studies providing for such a longer period, and may y be renewed for one or more six- month periods if a subsequent public hearingis held fact are made prior to each and findings of p h renewal; WHEREAS a moratorium is arecognized to technique av oid a rush for permits wheneverq. a community decides to change its planning ordinances • NOW THEREFORE, the Board of Grant Count Comm' . y Commissioners ordains as follows. Section 1: Moratorium Imposed. Pursuant to the 1 • laws of the State of Washington, a moratorium is hereby imposed prohibitingwithin all areas of unincorporated Grant County the establishment, re -location or licensure, of facilities, properties, or businesses involvingthe ' production or processing of recreational marijuana and marijuana infuse d products. While said moratorium is in effect no buildingpermit, p it, occupancy permit, other development permit or approval or business lic ense 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 ' be null and void. p rp activities, such shall Section 2: Duration. The moratorium imposed b ' p y this ordinance shall continue in effect for six consecutive months from its effective date, unless repealed or modified by the Board of Grant Count Commissioners ' . Y Hers in accordance with applicable law. Section 3: Public Hearing. Pursuant to RCW 36 .70A.3 90 the Board of Grant County Commissioners shall hold a public. hearing o ' p g n this moratorium within sixty days of the adoption of this moratorium • , issuance of findings off act to immediately follow, to be held: Date: 08/08/2023 Time: 3:20 p.m. Location: Grant County Commissioners Hearin Roo m om # 101, Courthouse, Ephrata, WA Section 4: Vesting. This ordinance does not apply pp y to any uses legally established, permits issued, or complete applications submitted before the e effective date of this ordinance. Section 5: Severabili. If tY any section, tion, sentence, or portion of this ordinance' person or its application to any p on or circumstance should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, p such inv alidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordin ance or Its application to any other person or situation. Section 6: Effective Date. This or • dinance shall become effective on the date of i adoption set forth below. is APPROVED AND ADOPTED this 95-P day of July, 2023. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Rob Jones, Chair Cindy CartAr, Danny E. tone, Member ATTEST: r Za J. Vasque r I eof the Boar dd r r r •call rMA Deputy Prosecuting Attorney Grant County Prosecutor's Office WSBA # 53946