WSR 13-23-001 EMERGENCY RULES LIQUOR CONTROL BOARD [Filed November 6, 2013, 12:07 p.m., effective November 20, 2013] Effective Date of Rule: November 20, 2013.
Purpose: The board has learned that how the one thousand foot buffer is measured under the rules adopted by the board on October 16, 2013, differs from the way the federal government measures the one thousand foot buffer. The board needs to change the way the board will measure the one thousand foot buffer to be consistent with the federal government. This change must be made on an emergency rule-making basis to protect the public health and safety of the general public with a more stringent one thousand foot buffer and to protect the welfare of prospective license holders, who may begin submitting applications in November, by ensuring that the locations of their licensed premises do not conflict with federal enforcement priorities.
Citation of Existing Rules Affected by this Order: Amending WAC 314-55-050.
Statutory Authority for Adoption: RCW 69.50.342 and 69.50.345.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: This change must be made on an emergency rule-making basis to protect the public health and safety of the general public with a more stringent one thousand foot buffer and to protect the welfare of prospective license holders, who may begin submitting applications in November, by ensuring that the locations of their licensed premises do not conflict with federal enforcement priorities.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 6, 2013.
Sharon Foster
Chairman
AMENDATORY SECTION (Amending WSR 13-21-104, filed 10/21/13, effective 11/21/13)
WAC 314-55-050 Reasons the board may seek denial, suspension, or cancellation of a marijuana license application or license.
Following is a list of reasons the board may deny, suspend, or cancel a marijuana license application or license. Per RCW 69.50.331, the board has broad discretionary authority to approve or deny a marijuana license application for reasons including, but not limited to, the following: (1) Failure to meet qualifications or requirements for the specific marijuana producer, processor, or retail license, as outlined in this chapter and chapter 69.50 RCW. (2) Failure or refusal to submit information or documentation requested by the board during the evaluation process. (3) The applicant makes a misrepresentation of fact, or fails to disclose a material fact to the board during the application process or any subsequent investigation after a license has been issued. (4) Failure to meet the criminal history standards outlined in WAC 314-55-040. (5) Failure to meet the marijuana law or rule violation history standards outlined in WAC 314-55-045. (6) The source of funds identified by the applicant to be used for the acquisition, startup and operation of the business is questionable, unverifiable, or determined by the board to be gained in a manner which is in violation by law. (7) Denies the board or its authorized representative access to any place where a licensed activity takes place or fails to produce any book, record or document required by law or board rule. (8) Has been denied or had a marijuana license or medical marijuana license suspended or canceled in another state or local jurisdiction. (9) Where the city, county, tribal government, or port authority has submitted a substantiated objection per the requirements in RCW 69.50.331 (7) and (9). (10) The board shall not issue a new marijuana license if the proposed licensed business is within one thousand feet of the perimeter of the grounds of any of the following entities. The distance shall be measured ((along the most direct route over or across established public walks, streets, or other public passageway between)) as the shortest straight line distance from the property line of the proposed building/business location to the ((perimeter)) property line ((of the grounds)) of the entities listed below: (a) Elementary or secondary school; (b) Playground; (c) Recreation 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 twenty-one or older). (11) Has failed to pay taxes or fees required under chapter 69.50 RCW or failed to provide production, processing, inventory, sales and transportation reports to documentation required under this chapter. (12) Failure to submit an attestation that they are current in any tax obligations to the Washington state department of revenue. (13) Has been denied a liquor license or had a liquor license suspended or revoked in this or any other state. (14) The operating plan does not demonstrate, to the satisfaction of the board, the applicant is qualified for a license. (15) Failure to operate in accordance with the board approved operating plan. (16) The board determines the issuance of the license will not be in the best interest of the welfare, health, or safety of the people of the state.
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