(1)
How can local cities, counties, tribal governments, or port authorities
object to the renewal of a cannabis license?
(a) The WSLCB will give governmental
jurisdictions approximately 90 days written notice of premises that hold annual
cannabis licenses in that jurisdiction that are up for renewal.
(b) Per
RCW
69.50.331, if a county, city, tribal
government, or port authority wants to object to the renewal of a cannabis
license in its jurisdiction, it must submit a letter to the WSLCB detailing the
reason(s) for the objection and a statement of all facts on which the
objections are based.
(c) The
county, city, tribal government, or port authority may submit a written request
to the WSLCB for an extension for good cause shown.
(d) This letter must be received by the WSLCB
at least 30 days before the cannabis license expires. The objection must state
specific reasons and facts that show issuance of the cannabis license at the
proposed location or to the applicant business how it will detrimentally impact
the safety, health, or welfare of the community.
(e) If the objection is received within 30
days of the expiration date or the licensee has already renewed the license,
the objection will be considered as a complaint and possible license revocation
may be pursued by the enforcement division.
(f) Objections from the public will be
referred to the appropriate city, county, tribal government, or port authority
for action under subsection (2) of this section. Upon receipt of the objection,
the WSLCB's licensing and regulation division will acknowledge receipt of the
objection(s) and forward to the appropriate city, county, tribal government, or
port authority. Such jurisdiction may or may not, based on the public
objection, request nonrenewal.
(2)
What will happen if a city, county,
tribal government, or port authority objects to the renewal of a cannabis
license? The WSLCB will give substantial weight to a city, county,
tribal government, or port authority objection to a cannabis license renewal of
a premises in its jurisdiction based upon chronic illegal activity associated
with the licensee's operation of the premises. Based on the jurisdiction's
input and any information in the licensing file, the WSLCB will decide to
either renew the cannabis license, or to pursue nonrenewal.
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(a) WSLCB decides to renew the cannabis
license:
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(b) WSLCB decides to pursue nonrenewal of the
cannabis license:
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(i) The WSLCB will notify the jurisdiction(s) in
writing of its intent to renew the license, stating the reason for this
decision.
(ii) The jurisdiction(s) may contest the renewal and
request an adjudicative hearing under the provisions of the Administrative
Procedure Act (chapter 34.05 RCW) by submitting a written request on a form
provided by the WSLCB. The request must be received within twenty days of the
date the intent to renew notification was mailed. If the WSLCB, 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.
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(i) The WSLCB will notify the licensee in writing of
its intent to not renew the license, stating the reason for this
decision.
(ii) The licensee may contest the nonrenewal action and
request an adjudicative hearing under the provisions of the Administrative
Procedure Act (chapter 34.05 RCW) by submitting a written request on a form
provided by the WSLCB. The request must be received within twenty days of the
date the intent to deny notification was mailed.
(iii) If the licensee requests a hearing, the
governmental jurisdiction will be notified.
(iv) During the hearing and any subsequent appeal
process, the licensee is issued a temporary operating permit for the cannabis
license until adecision is made.
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Notes
Wash. Admin. Code §
314-55-165
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
Statutory Authority:
RCW
69.50.325,
69.50.331,
69.50.342,
69.50.345. WSR 13-21-104,
§ 314-55-165, filed 10/21/13, effective 11/21/13. WSR 13-21-003,
§ 314-55-165, filed 10/3/2013, effective
11/3/2013
