Twenty individuals attended a public hearing at the Monday, Sept, 28, Westport City Council meeting to listen to and/or offer comments regarding a possible third extension of the City’s current moratorium against the permitting of Medical Marijuana Collective Gardens and the licensing, permitting and operation of marijuana processing, marijuana producing, and marijuana retailing businesses inside the City of Westport.
Eleven individuals spoke, with most expressing their views either in favor of or against marijuana-related licensing in the City prior to stating whether or not they were in favor of a moratorium extension. Of the 11 who spoke, eight favored an extension.
Veto override vote
Following the close of the 30-minute public hearing, Council members then moved on to address Mayor Michael Bruce’s veto of an ordinance passed by a 3-2 vote at the Sept. 14 meeting banning the production, processing and sale of marijuana within Westport City limits.
Council members Louis Summers, Rob Bearden and Bob Parnell voted for the ban, with Pat Gardner and Melissa Huerta voting against it.
Immediately following that vote, the mayor exercised his right to veto its passage.
At last Monday’s meeting, Bob Parnell made a motion to override the mayor’s veto, with a second from Louis Summers. By law, a supermajority vote by a governing body’s membership is required for a veto override. In this case, with five members serving on the City Council, a minimum 4-1 vote would be required.
Following discussion, council members voted with none changing his/her position, resulting in another 3-2 vote. That means that the mayor’s veto stands and the City Council now will need to continue to address the issue until it can pass an ordinance that stands.
Marijuana moratorium extension vote
Council members then unanimously passed a motion to extend the City’s Marijuana-related moratorium for an additional six month. With a supermajority vote, a second reading of the emergency ordinance extending the moratorium is not necessary. The moratorium will take effect immediately following the expiration of the current extension on September 30.
Back to Planning Commission
The extension allows time for the issue to be remanded back to the City Planning Commission to address and make recommendations to the Council on the determination of a single location within the City to sell medical and recreational marijuana based on land use and zoning buffer distance requirements as required by RCW 69.50.331, amended in 2015.
Restrictions
According to state statutes, the state Liquor and Cannabis Board may not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library or game arcade not restricted to persons age 20 or older.
Perimeter reductions
Cities, towns and counties may pass an ordinance that reduces the 1,000 foot perimeter to no less than 100 feet of those facilities with the exception of elementary and secondary schools and playgrounds, provided that such distance reduction will not negatively impact the jurisdiction’s civil regulatory enforcement, criminal law enforcement interests, public safety or public health.
The Planning Commission will also be requested to recommend the needed text amendments to current zoning requirements or enactment of new zoning requirements to establish a zone in which marijuana production and sales are allowable.
18 months into study
The City Council has been grappling with the issue for a year and a half. The original moratorium against the permitting of Medical Marijuana Collective Gardens and the licensing, permitting and operation of marijuana processing, marijuana producing, and marijuana retailing businesses inside the City of Westport went into effect March 10, 2014.
A six-month extension of that moratorium went into effect in early September of 2014, expiring on March 8 of this year.
A second extension passed on Feb. 27, which expired on Wednesday of this week.
The third six-month extension passed by the council on Monday evening will expire in March of 2016.
