A. Marijuana producers, marijuana processors, and marijuana retailers shall only be permitted as allowed under Chapter 69.50 RCW and Chapter 314-55 WAC and shall only be operated by persons or entities holding a valid marijuana license from the Washington State Liquor and Cannabis Board issued under Chapter 314-55 WAC and any other applicable state laws and regulations.

B. Marijuana producers, marijuana processors, and marijuana retailers shall only be allowed within the City of Moses Lake municipal boundaries if appropriately licensed by the State of Washington and in possession of a current business license issued by the City of Moses Lake, and operated consistent with the requirements of the state and all applicable City ordinances, rules, requirements, and standards.

C. Marijuana producers, marijuana processors, and marijuana retailers shall be the primary use at a location, and shall only be allowed within the City of Moses Lake in those zoning districts where it is specifically identified as an allowed use.

D. The production, processing, selling, or delivery of marijuana, marijuana-infused products, or useable marijuana may not be conducted alone or in association with any business establishment, dwelling unit, or home occupation located in any of the following zoning districts in the City of Moses Lake:

E. Marijuana production and marijuana processing facilities shall be designed to include controls and features to prevent odors from traveling off site and being detected from a public place, the public right-of-way, or properties owned or leased by another person or entity.

F. Marijuana retailers shall not include drive thru, exterior, or off-site sales. Marijuana retailers shall not be located in a mobile or temporary structure.

G. In accordance with WAC 314-55-147, marijuana retail sales shall not be open to the public between the hours of 12:00 a.m. and 8:00 a.m.

H. Signage for marijuana production, processing and retail businesses shall be subject to the requirements of WAC 314-55-155 and Chapter 18.58, whichever is more restrictive. No off-premises signage is permitted.

I. Displays against or adjacent to exterior windows shall not include marijuana or marijuana paraphernalia.

J. As provided in RCW 69.50.331 and WAC 314-55-050, marijuana producers, marijuana processors, and marijuana retailers shall not be allowed to locate within one thousand feet (1,000') of public parks, playgrounds, recreation/community centers, libraries, child care centers, schools, game arcades and public transit centers. For purposes of this standard, these uses are defined in Chapter 314-55 WAC. The methodology for measuring the buffers shall be as provided in Chapter 314-55 WAC. It shall be the responsibility of the owner or operator of the proposed state-licensed marijuana use to demonstrate and ensure that a proposed location is not within one (1) of the buffers.

K. An existing nonconforming use located within a zoning district that would otherwise not permit marijuana uses, such as an old convenience store in a residential district, shall not be allowed to convert to a marijuana use.

L. Marijuana producers, marijuana processors and marijuana retailers shall connect to all City of Moses Lake utilities.

M. Marijuana production, processing and retail sales are not permitted as a home occupation under Chapter 18.55.

N. Retail marijuana sales may not be located within any other businesses, and may be located in buildings with other uses only if the marijuana business is separated by full walls and with a separate entrance. No more than one (1) marijuana retail business shall be located on a single parcel.

O. Marijuana production, processing and retail sales are subject to all applicable requirements of RCW Title 69 and Chapter 314-55 WAC and other state statutes, as they now exist or may be amended.

P. Marijuana production, processing and retail sales must take place within fully enclosed and indoor facilities.

Q. No marijuana production, processing, or delivery of marijuana shall be visible to the public nor may it be visible through windows. A screened and secured loading dock, approved by the Director, shall be required. The objective of this requirement is to provide a secure, visual screen from the public right-of-way and adjoining properties, and prevent the escape of orders when delivering or transferring marijuana, useable marijuana, and marijuana-infused products.

R. All marijuana producers, processors and retailers shall allow inspection of the site and facilities by City personnel including law enforcement for compliance with all applicable state and local permits and licenses at any time during regular business hours.

S. An application for a recreational marijuana business shall include the following information in addition to any application requirements required by the underlying zone:

T. A recreational marijuana business shall meet all security requirements as required by WAC 314-55-083 and shall provide proof of such operational security system prior to issuance of a City business license.

U. All fertilizers, chemicals, gases, and hazardous materials shall be handled in compliance with all applicable local, state and federal regulations. No fertilizers, chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or storm sewer system, nor be released into atmosphere outside of the structure where the business is located. (Ord. 2929, 8/13/19; Ord. 2731, 9/23/14)