25.10.025 Cannabis retail facilities.
Cannabis retail facilities as defined in PMC 25.15.050 may be allowed when licensed by the City and in accordance with state law in those zoning districts identified in this title, subject to the following:
(1) Notwithstanding the number of zoning districts identifying cannabis retail facilities as permitted uses, the total number of cannabis retail facilities allowed in the City shall not exceed three in total for the whole City, or not exceed four in total for the whole City if one of the cannabis retail facilities located within the City is licensed by the State of Washington as a social equity licensee.
(2) Except as provided in subsection (3) of this section, a cannabis retail facility may not be located within 1,000 feet of the perimeter of the grounds of any of the following entities/uses:
(a) Elementary or secondary school;
(b) Playground;
(c) Recreational center or facility;
(d) Child care center;
(e) Public park;
(f) Public transit center;
(g) Library; or
(h) Any game arcade where admission is not restricted to persons age 21 or older.
For purposes of these standards, these uses are defined in Chapter 314-55 WAC, as amended.
(3) As provided in RCW 69.50.331 and WAC 314-55-050, the City finds that the reduction in buffers for recreation centers or facilities, child care centers, public parks, public transit centers, libraries, and game arcades where admission is not restricted to persons age 21 or older, will not negatively impact the City’s civil regulatory enforcement, criminal law enforcement interests, public safety, or public health. Therefore, the City establishes the following buffers for cannabis retailers for legal conforming lots bounded by North 5th Avenue, West Clark Street, North 2nd Avenue, and West Columbia Street, as stated below:
(a) Recreation center or facility – 100 feet;
(b) Child care center – 100 feet;
(c) Public park – 100 feet;
(d) Public transit center – 100 feet;
(e) Library – 100 feet;
(f) Any game arcade where admission is not restricted to persons age 21 or older – 100 feet.
For purposes of these standards, these uses are defined in Chapter 314-55 WAC, as amended.
(4) The owner or operator of a cannabis retail facility shall have the responsibility to demonstrate that said facility is in compliance with the distance requirements of this section at the time of the approvals of its applications to the Washington State Liquor and Cannabis Board and the City for its initial license.
(5) Measurement.
(a) The measurement of the separation distance in subsections (2) and (3) of this section shall be measured as the shortest straight-line distance from the property line of the applicable cannabis retail facility to the property line of the entities/uses listed in subsections (2) and (3) of this section.
(b) The owner, tenant or operator of a protected use specified in subsections (2) and (3) of this section shall not benefit from the separation requirements of this section if the owner, tenant or operator subsequently chooses to locate within the required separation distance from a lawfully located cannabis retail facility. [Ord. 4670 § 4, 2023.]