ORD 15-024ORDINANCE NO. 15-024
AN ORDINANCE amending certain provisions of the Camas
Municipal Code to prohibit the retail sale of marijuana within the
City of Camas and to repeal the sunset date provided under CMC
18.07.030 Table 1, Note 9.
WHEREAS, Washington Initiative Measure No. 502, hereinafter "I-502," approved
by the voters of Washington State on November 6, 2012, provides for private recreational
marijuana use by persons over 21 years of age, subject to state licensing and regulation of
marijuana production, processing and retail sales facilities; and
WHEREAS, marijuana uses and activities authorized under 1-502 remain expressly
prohibited by Federal Law, although under a guidance memo issued to U.S. Attorneys on August
29, 2013, the U.S. Department of Justice indicated they will not challenge the legality of 1-502 if
the state law and regulations promulgated meet certain specified Federal Concerns; and
WHEREAS, WAC 314-55-020(11) states: "The issuance or approval of a license shall
not be construed as a license for, or an approval of, any violations of local rules or ordinances,
including, but not limited to: building and fire codes, zoning ordinances, and business licensing
requirements;" and
WHEREAS, the Washington State Attorney General's Office has provided a non-
binding opinion that local governments are not preempted by state law from banning the
location of a Washington State Liquor Control Board licensed marijuana producer, processor,
or retailer within their jurisdiction, and that local governments may establish land use
regulations (in excess of the Initiative 502 buffer and other Liquor Control Board requirements)
or business license requirements in a fashion that makes it impracticable for a licensed
marijuana business to locate within their jurisdiction; and
ORDINANCE NO. 15-024
WHEREAS, the nonbinding opinion issued by the Washington State Attorney General's
Office noted: "I-502 does not express any indication that the state licensing and operating
systems preempts the field of marijuana regulations"; and
WHEREAS, the police powers expressed in the Washington State Constitution article XI
provides: "[a]ny county, city, town or township may make and enforce within its limits all such
local police, sanitary and other regulations as are not in conflict with general laws"; and
WHEREAS, on October 20,2014, the City of Camas enacted Ordinance No. 2712, which
amended 18.03.030 and 18.07.030 by adopting land use and zoning regulations, and establishing
prohibitions on the locations of marijuana-related facilities. Specifically, marijuana production
and processing were prohibited in all zoning districts throughout the City of Camas, and the
retail sale of marijuana was prohibited in all zoning districts throughout the City of Camas,
however, the Code included a sunset clause ofNovember 30, 2015, for the prohibition of the
retail sale of marijuana in commercial and industrial designated districts; and
WHEREAS, the City held a Public Hearing on September 15, 2015, before the Planning
Commission where it took testimony, considered proposed code amendments, deliberated, and
forwarded a recommendation to City Council to amend the Camas Municipal Code to allow the
retail sale of marijuana in Community Commercial and Regional Commercial zoning districts.
WHEREAS, the City held a Public Hearing on October 26, 2015, before the City Council
to consider the proposed code amendments; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF CAMAS:
Section 1. The City Council adopts the foregoing recital clauses herein as findings in
support of the adoption of this ordinance amending certain provisions of the Camas Municipal
ORDINANCE NO. 15-024
Code to prohibit the retail sale of marijuana within the City of Camas and to repeal the sunset
date provided under CMC 18.07.030 Table 1, Note 9.
Section 2. Section 18.07.030 Table I, Note 9 ofthe Camas Municipal Code is hereby
repealed.
Section 3. This ordinance shall take force and be in effect five (5) days from and after its
publication according to law.
Section 4. If any clause, sentence, paragraph, section, or part of this ordinance or the
application thereof to any person or circumstance shall be adjudged by any court of competent
jurisdiction to be invalid, such order or judgment shall be confined in its operation to the
controversy in which it was rendered and shall not effect or invalidate the remainder or any
parts thereof to any person or circumstances and to this end, the provisions of each clause,
sentence, paragraph, section or part of this law are hereby declared to be severable.
PASS ED BY the Council and APPROVED by the Mayor this I Lo-{h day of
blQV{VV\ber '2015.
n M~~ A,<'> SIGNED:_~_~ ___ L_.:::___:_u--=:v_____::_---"v =----........_-='---
Clerk
APPROVED as to form:
~A__k
City Attorney