Washington Administrative Code › Title 314 - Liquor and Cannabis Board › Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting › Section 314-55-160 - Objections to cannabis license applications

Current through Register Vol. 24-14, July 15, 2024
(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 WSLCB 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 WSLCB regarding an application.
Type of application
Entities the WSLCB will/may
						  notify
*Applications for an annual cannabis license at
						  ation.
* 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 WSLCB 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 WSLCB 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 WSLCB
			 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 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.
(b) If the WSLCB 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 WSLCB 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.