A. City License Required: To establish or operate a marijuana business in the city of Long Beach, a person or entity must obtain and maintain both a city issued business license and a city issued marijuana operation license. To establish or operate a cooperative in the city of Long Beach, a person must obtain and maintain a city issued marijuana operation license.
B. State License A Prerequisite To Local Consideration: Only valid state licensed marijuana businesses and cooperatives properly registered with the WSLCB may apply for and be eligible to receive the necessary city issued licenses described herein. The application for each state license must have first been reviewed by the city of Long Beach before being granted by the WSLCB.
C. Lack Of State License, Registration: Any marijuana related operation, business, or facility that does not have a valid state license pursuant to chapter 69.50 Revised Code Of Washington or that has not properly registered pursuant to chapter 69.51A Revised Code Of Washington cannot obtain a city issued business license or a city issued marijuana operation license. This prohibition includes, but is not limited to, cooperatives, medical cannabis collective gardens, medical cannabis dispensaries, and any marijuana production, processing, retail, or research business, facility, or operation. Such operations, businesses, or facilities are prohibited in the city.
D. Business License Application: To be eligible to obtain a city issued business license, the applicant must apply online to receive a business license and follow the normal business license procedures. The application must clearly state it is for a marijuana related business.
E. Marijuana Operation License Application: To be eligible to obtain a marijuana operation license, the applicant must apply for a marijuana operation license on forms made available by the city. The applicant must pay an application fee of four hundred dollars ($400.00). Before any license is issued, the proposed use will be evaluated for land use, zoning, and code compliance and the applicant must successfully pass inspections described herein evaluating structural suitability, fire safety, and security. Approved licenses may be reviewed annually.
F. Annual Marijuana Operations Licensing Fee: Each city licensed marijuana use shall pay an annual marijuana operations licensing fee of three hundred dollars ($300.00) at the beginning of each operating year. The city will not prorate or refund marijuana operations licensing fees.
G. Initial City Inspections: Prior to the city issuing a marijuana operation license, the applicant must make the property available for the following inspections by city personnel or designees. All fees described herein must be paid in advance of inspection. The following must occur:
1. An inspection by the Long Beach building inspector or his/her designee. The inspection must have no negative findings, or any negative findings must be addressed and the site reinspected until no negative findings result. The fee for the initial inspection shall be two hundred fifty dollars ($250.00). The fee for each subsequent inspection required to address negative findings shall be two hundred fifty dollars ($250.00).
2. An inspection by the Long Beach fire chief or his/her designee. The inspection must have no negative findings, or any negative findings must be addressed and the site reinspected until no negative findings result. The fee for the initial inspection shall be two hundred fifty dollars ($250.00). The fee for each subsequent inspection required to address negative findings shall be two hundred fifty dollars ($250.00).
3. An inspection by the Long Beach police chief or his/her designee. The inspection must have no negative findings, or any negative findings must be addressed and the site reinspected until no negative findings result. The fee for the initial inspection shall be two hundred fifty dollars ($250.00). The fee for each subsequent inspection required to address negative findings shall be two hundred fifty dollars ($250.00).
H. Annual Inspections Required: Every year, the site shall be inspected by city personnel for structural suitability, fire safety, and security. The cost of these inspections shall be paid for via the annual marijuana operations licensing fee.
I. Insurance Requirements: To obtain a license, insurance requirements set forth in WAC 314-55-082 shall be met. In addition, the city and its employees, agents, and volunteers must be named as an additional insured on all general liability, umbrella, and excess insurance policies to the same extent as the state of Washington. The licensee's insurance policies shall be primary to any insurance that the city may possess and the licensee's insurance policies shall state this requirement.
J. Insurance, License Deficiency; Suspension Or Revocation: If an insurance or license deficiency exists, the city may suspend or rescind city issued permits. (Ord. 931, 10-3-2016)