5131-S.E AMH COND OSBO 238

ESSB 5131 - H AMD TO APP COMM AMD (H-2600.1/17) 470

By Representative Condotta

ADOPTED 04/11/2017

    On page 3, line 23 of the striking amendment, after "first" strike "three" and insert "nine"

    On page 3, after line 24 of the striking amendment, insert the following:

    "(v) The board may not require license forfeiture if the licensee has been incapable of opening a fully operational retail marijuana business due to actions by the city, town, or county with jurisdiction over the licensee that include any of the following:

(A) The adoption of a ban or moratorium that prohibits the opening of a retail marijuana business; or

    (B) The adoption of an ordinance or regulation related to zoning, business licensing, land use, or other regulatory measure that has the effect of preventing a licensee from receiving an occupancy permit from the jurisdiction or which otherwise prevents a licensed marijuana retailer from becoming operational."   

EFFECT: (1) Increases from three months to nine months the grace period during which the board may not cause the forfeiture of a retail marijuana license held by a licensee following the effective date of the act; (2) Prohibits the board from requiring the forfeiture of a retail marijuana license if the reason for the licensees failure to open a fully operational business is the result of legal or regulatory actions by the city, town, or county that have the effect of preventing the licensee from opening the business.    

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