(1)
How can persons, cities, counties, tribal governments, or port
authorities object to the issuance of a cannabis license? Per
RCW
69.50.331, the LCB will notify cities, counties, tribal governments, and port
authorities of the following types of cannabis applications. In addition to
these entities, any person or group may comment in writing to the LCB regarding
an application.
Type of
application
|
Entities the LCB will/may
notify
|
* Applications for an annual cannabis license at a
new location.
|
* Cities and counties in which the premises is
located will be notified.
Tribal governments and port authorities in which the
premises is located may be notified.
|
* Applications to change the class of an existing
annual cannabis license.
|
|
* Changes of ownership at existing licensed
premises.
|
* Cities and counties in which the premises is
located will be notified.
Tribal governments and port authorities in which the
premises is located may be notified.
|
(2)
What will happen if a person or entity objects to a cannabis license
application? When deciding whether to issue or deny a cannabis license
application, the LCB will give substantial weight to input from governmental
jurisdictions in which the premises is located based upon chronic illegal
activity associated with the applicant's operations of the premises proposed to
be licensed or the applicant's operation of any other licensed premises; and
other persons or groups. Note: Per
RCW 69.50.331, the LCB shall not issue a new
cannabis license if any of the following are within 1,000 feet of the premises
to be licensed: Any elementary or secondary schools, playgrounds, recreation
centers or facilities, child care centers, public parks, public transit
centers, libraries, game arcade where admission is not restricted to persons 21
years of age or older.
(a) If the LCB
contemplates issuing a license over the objection of a governmental
jurisdiction in which the premises is located, the government subdivision may
request an adjudicative hearing under the provisions of the Administrative
Procedure Act, chapter 34.05 RCW. If the LCB, in its discretion, grants the
governmental jurisdiction(s) an adjudicative hearing, the applicant will be
notified and given the opportunity to present evidence at the
hearing.
(b) If the LCB denies a
cannabis license application based on the objection from a governmental
jurisdiction, the applicant(s) may either:
(i) Reapply for the license no sooner than
one year from the date on the final order of denial; or
(ii) Submit a written request on a form
provided by the LCB for an adjudicative hearing under the provisions of the
Administrative Procedure Act, chapter 34.05 RCW. The request must be received
within 20 days of the date the intent to deny notification was
mailed.
Notes
Wash. Admin. Code §
314-55-160
Amended by
WSR
16-11-110, Filed 5/18/2016, effective
6/18/2016
Amended by
WSR
22-14-111, Filed 7/6/2022, effective
8/6/2022
Amended by
WSR
24-16-064, Filed 7/31/2024, effective
8/31/2024
Statutory Authority:
RCW
69.50.325,
69.50.331,
69.50.342,
69.50.345. WSR 13-21-104,
§ 314-55-160, filed 10/21/13, effective 11/21/13. WSR 13-21-003,
§ 314-55-160, filed 10/3/2013, effective
11/3/2013