Business Retention and Development Committee Agenda and Packet 2019 02 04

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SUBJECT: ORDINANCE 1769, SERIES 2019 — MARIJUANA ORDINANCE UPDATES DATE: JANUARY 8, 2019 PAGE 4 OF 15 3 Maintain the current buffer distance of 1,320 feet and maintain the current buffer requirements between stores and public or private preschools, elementary, middle, junior high, or high school; public playground or outdoor pool; an outdoor education facility serving children; an alcohol or drug treatment facility; the principal campus of a college, university, or seminary; or a residential childcare facility. 4 Require a Special Review Use (SRU) for retail and medical manufacturing in the C-B zone district. DISCUSSION/ANALYSIS: Medical and Retail Marijuana Store Regulations Based on direction from City Council to align the marijuana business code with liquor regulations, the proposed ordinance removes the cap on the number of marijuana stores; makes the spacing requirement consistent between medical and retail stores; increases the spacing between stores (1,320 to 1,500 feet); limits buffers to public and private schools grades 1 through 12; and reduces the buffer distance (1,320 to 500 feet). The ordinance also aligns allowed zoning use groups for medical and retail stores. Rationale for regulating marijuana and liquor and marijuana stores the same is that impacts to the community are generally the same. The requirement for spacing of new liquor stores 1,500 feet apart is a relatively new state regulation related to allowing grocery stores to sell liquor. The following table provides a comparison of the City's current marijuana and liquor regulations. There are federal regulatory restrictions that the City could consider in determining buffer requirements. The Controlled Substance Act (CSA), 21 USC Sec. 860, makes unlawful for any person to distribute, possess with intent to distribute, or manufacture a controlled substance (including marijuana): Within 1,000 feet of: o a public or private elementary, vocational, or secondary school o a public or private college, junior college, or university, o a playground, or housing facility owned by a public housing authority, Within 100 feet of: o a public or private youth center, o public swimming pool, or o video arcade facility The City's marijuana ordinances state that by accepting a license, the licensee releases the City from claims resulting from arrests or prosecution for a violation of federal or state law and requires licensees to indemnify, defend and hold the City harmless for claims arising out of the operation of the marijuana business. However, the City could consider matching this federal law as a minimum buffer requirement. CITY COUNCIL COMMUNICATION