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HomeMy WebLinkAboutOrdinance No. 2868-2015u CITY OF KENAI ORDINANCE NO. 2868 -2015 Sponsored by: Mayor Porter AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A MORATORIUM ON THE CONSUMPTION OF MARIJUANA AND MARIJUANA PRODUCTS IN MARIJUANA RETAIL ESTABLISHMENTS AND MARIJUANA CLUBS. WHEREAS, on November 4, 2014, Alaskan voters approved Ballot Measure 2, An Act to Tax and Regulate the Production, Sale, and Use of Marijuana; and, WHEREAS, subsequently, the State established the Marijuana Control Board, which has proposed regulations for commercial marijuana establishments; and, WHEREAS, the proposed regulations allow for a Retail Marijuana Store to permit on- site consumption of marijuana or marijuana products purchased on the licensed premises with prior approval of the Marijuana Control Board; and, WHEREAS, the proposed regulations do not provide any standards for which the Marijuana Control Board would approve or disapprove a Retail Marijuana Store to permit consumption of marijuana or a marijuana product on its premises; and, WHEREAS, neither Ballot Measure 2, nor proposed regulations by the Marijuana Control Board have specifically addressed Marijuana Clubs, which allow for consuming marijuana or marijuana products on the premises; and, WHEREAS, it is in the best interest of the City of Kenai to establish a moratorium prohibiting the consumption of marijuana and marijuana products in Retail Marijuana Stores and Marijuana Clubs, until further guidance is provided by the Marijuana Control Board or State Legislature ensuring minimum health and safety standards are met to protect consumers, the public, first responders, and employees of such establishments; and, WHEREAS, a moratorium will allow the City a reasonable time to review any state action, or even potentially develop its own regulations, prior to allowing the consumption of marijuana and marijuana products in Retail Marijuana Stores and Marijuana Clubs; and, WHEREAS, Alaska Statute 17.38.110 Local Control, specifically allows for municipalities to prohibit and regulate commercial marijuana establishments in a manner that does not conflict with the applicable statutes and, the City, as a home rule municipality, has all legislative powers not prohibited by law or charter. New Text Underlined; DELETED TEXT BRACKETED] Ordinance No. 2868 -2015 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a non -code ordinance. Section 2. Moratorium: (a) The consumption of marijuana and marijuana products in Retail Marijuana Stores and Marijuana Clubs is prohibited. (b) The City Council may file a protest with the director of the Marijuana Control Board, or any other regulatory agency, against any application for a Retail Marijuana Store license that proposes to allow the consumption of marijuana or marijuana products on the Licensed Premises. (c) If a state licensure process becomes available for a Marijuana Club, the City Council may file a protest against any application for a Marijuana Club license that proposes to allow the consumption of marijuana or marijuana products on the licensed premises with the director of the Marijuana Control Board, or any other regulatory agency. If a state licensure process remains unavailable for a Marijuana Club, the City may seek any available injunctive remedy in the Superior Court, including its costs and fees for bringing such action against a Marijuana Club that allow, encourages or provides for the consumption of marijuana or marijuana products on its non - licensed premises. (d) Definitions. For purposes of this Moratorium the following definitions apply: (1) "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate; "marijuana" does not include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products. (2) "Marijuana Products" means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. (3) "Marijuana Accessories" means any equipment, products, or materials of any kind which are used, intended for use, or designed for ingesting, inhaling, or otherwise introducing marijuana into the human body. (4) 'Retail Marijuana Store" means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2868 -2015 Page 3 of 4 (5) "Licensed Premises" means any or all designated portions of a building or structure, or rooms or enclosures in the building or structure, at the specific address for which a marijuana establishment license is issued, and used, controlled, or operated by the marijuana establishment to carry out the business for which it is licensed. (6) "Non - Licensed Premises" means any or all designated portions of a building or structure, or rooms or enclosures in the building or structure used, controlled, or operated by a non - licensed Marijuana Club. (7) "Marijuana Club" means a licensed or non - licensed premises maintained or operated for the purpose of providing a place where (1) marijuana or marijuana products are received or kept, or to which marijuana or marijuana products are brought (2) for consumption by the public or by members of a club, association, or corporation on the licensed or non - licensed premises and (3) any fee, including but not limited to a membership fee, cover charge, or the sale of food, ice, mixers, or other drinks occurs, or a fee is charged for the use of marijuana accessories for use in the consumption of marijuana or marijuana products. Section 3. Moratorium Period: The Moratorium and all prohibitions contained therein, shall be in effect for one year from the effective date of this Ordinance, unless terminated sooner or extended by Ordinance of the City Council. Section 4. Disclaimer: Nothing in this Ordinance endorses or is intended to endorse the legality of a Marijuana Club operating without a state issued license. Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That pursuant to KMC 1.15.0700, this ordinance shall take effect 30 days after adoption. New Text Underlined; [DELETED TEXT BRACKETED) Ordinance No. 2868 -2015 Page 4 of 4 ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of January, 2016. PAT PORTER, MAYOR Introduced: December 16, 2015 Enacted: January 6, 2016 Effective: February 5, 2016 New Text Underlined; [DELETED TEXT BRACKETED] IVillaye with a Past C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Council Members FROM: Mayor Porter DATE: December 10, 2015 SUBJECT: Ordinance No. 2868 -2015 This Ordinance is intended to establish a Moratorium prohibiting the consumption of marijuana and marijuana products in Retail Marijuana Stores and Marijuana Clubs at least until further guidance is provided by the State, or the City enacts its own regulations protecting consumers, the public, first responders and employees of such establishments from potential health and safety threats. The Moratorium, additionally would allow the City to learn more about the potential impacts of on -site consumption. The Moratorium is proposed for one year, but could be extended or repealed as reasonable. The most recent regulations proposed by the Marijuana Control Board (Board) allow for the on -site consumption of marijuana and marijuana products on the licensed premises of a Retail Marijuana Store with prior approval of the Board. However, no standards for when such approval would be granted or denied are provided in the regulations. Before on -site consumption in a commercial setting is allowed, there should be safeguards in place to protect the health and safety of consumers, the public, first responders and employees of such establishments. I recognize that other non - marijuana related establishments currently allow the smoking of tobacco products, but understand the effect of exposure to tobacco smoke and marijuana smoke to be significantly different. I also recognize that there are establishments that serve alcohol and that persons under the influence of alcohol often leave these establishments and pose a potential danger to themselves and others, however, I don't understand how consumers of marijuana or marijuana products may act similarly or differently when leaving a facility and what steps the City should take, if any to protect the consumer or public. Also unclear, is what effect on -site consumption might have on employees if consistently exposed to marijuana smoke, or if standards can be imposed to negate this concern. I understand there is concern from police and emergency medical responders of entering an environment where there is a high likelihood of exposure to marijuana smoke. There is also concern from employees of other businesses providing delivery services inside such establishments. This concern may also be mitigated through the development of reasonable health and safety standards. Mayor Porter and City Councilors December 10, 2015 Page 2 of 2 Marijuana Clubs are currently not able to obtain a state license for operation. I understand that the position of the director of the Board, and the Alaska Attorney Generals position is that they cannot currently operate legally under the statutory and regulatory framework in place and proposed. Prohibiting consumption of marijuana and marijuana products in Marijuana Clubs effectively prohibits the operation of Marijuana Clubs. Aside from the legal issues surrounding Marijuana Clubs, similar concerns regarding the impacts of on- site consumption as in a Marijuana Retail Store. The Ordinance provides necessary definition incorporated from state statute and regulation, except as related to clubs, where no definitions exist in statute or regulation. For licensed establishments, the Moratorium provides for a protest to be filed with the director of the board upon receipt of an application allowing for on -site consumption. This remedy is not available for non - licensed Marijuana Clubs, and instead provides for the City to seek an injunction in the Superior Court. The Ordinance also contains a disclaimer, making it clear that the Moratorium is not endorsing the legality of non - licensed Marijuana Clubs in its prohibition of on -site consumption. Your consideration is appreciated. "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 www.kenai.city MEMORANDUM TO: Mayor Porter and Council Members FROM: City Attorney, Scott Bloom DATE: December 29, 2015 SUBJECT: Amendment to Ordinance No. 2868 -2015, subsection (d)(7) The following definition of "Marijuana Club" is recommended to replace the definition contained in Ordinance No. 2868 -2015, subsection (d)(7), with new langaage provided in bold: (7) "Marijuana Club" means a licensed or non - licensed premises maintained or operated for the purpose of providing a place where (1) marijuana or marijuana products are received or kept, or to which marijuana or marijuana products are brought (2) for consumption by the public or by members of a club, association, or corporation on the licensed or non - licensed premises and (3) any fee, including but not limited to a membership fee, cover charge, or the sale of food, ice, mixers, or other drinks occurs, or a fee is charged for the use of marijuana accessories for use in the consumption of marijuana or marijuana products. The definition proposed above narrows the scope of the original proposed definition by including a purpose statement to eliminate capturing certain businesses like a hotel where someone may bring marijuana and consumes it in a room. For ease of comparison, the original definition is provided below. (7) "Marijuana Club" means a licensed or non - licensed place where (1) marijuana or marijuana products are received or kept, or to which marijuana or marijuana products are brought (2) for consumption by the public or by members of a club, association, or corporation on the licensed or non - licensed premises and (3) any fee, including but not limited to a membership fee, cover charge, or the sale of food, ice, mixers, or other drinks occurs, or a fee is charged for the use of marijuana accessories for use in the consumption of marijuana or marijuana products. Your consideration is appreciated. "h1laye with a Past, Cit with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907- 283 -3014 9111 1!992 \! the city of MEdmoo TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief DATE: 12130115 SUBJECT: Memo in Support of Ordinance 2868.2015 I support the proposed moratorium prohibiting the consumption of marijuana and marijuana products in retail marijuana stores and marijuana clubs in the interest of limiting the exposure of marijuana smoke to first responders. Although we can't predict the frequency to which police and fire /ems personnel will respond to retail marijuana stores; the moratorium will at least help to reassure responders that they will be free from exposure to marijuana smoke when responding to such establishments.