WSR 14-03-030
[Filed January 8, 2014, 10:57 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-22-091.
Title of Rule and Other Identifying Information: WAC 314-55-050 Reasons the board may seek denial, suspension, or cancellation of a marijuana license application or license.
Hearing Location(s): Washington State Liquor Control Board, Board Room, 3000 Pacific Avenue S.E., Olympia, WA 98504, on February 26, 2014, at 10:00 a.m.
Date of Intended Adoption: March 5, 2014.
Submit Written Comments to: Karen McCall, P.O. Box 43080, Olympia, WA 98504, e-mail, fax (360) 664-9689, by February 26, 2014.
Assistance for Persons with Disabilities: Contact Karen McCall by February 26, 2014, (360) 664-1631.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board 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.
Reasons Supporting Proposal: Clarification on how the one thousand foot buffer is needed to allow potential licensees and local governments to establish areas where marijuana licenses will be allowed.
Statutory Authority for Adoption: RCW 60.50.342 and 69.50.345.
Statute Being Implemented: RCW 69.50.331.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state liquor control board, governmental.
Name of Agency Personnel Responsible for Drafting: Karen McCall, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1631; Implementation: Alan Rathbun, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1615; and Enforcement: Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue S.E., Olympia, WA 98504, (360) 664-1726.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement was not required.
A cost-benefit analysis is not required under RCW 34.05.328.
January 8, 2014
Sharon Foster
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 of the grounds)) property line 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.