Pubdate: Mon, 05 Jan 2015
Source: Seattle Times (WA)
Copyright: 2015 The Seattle Times Company
Contact:  http://seattletimes.nwsource.com/
Details: http://www.mapinc.org/media/409
Author: Phil Ferolito, Yakima Herald-Republic

YAKIMA COUNTY CONSIDERS WAY TO CURB POT COMMERCE

May Create Business-License System

Pot Industry Barred in Unincorporated Areas

In an effort to keep marijuana businesses from cropping up in 
unincorporated areas of Yakima County - where they are banned despite 
state approval - county commissioners are discussing whether to 
create a business license system.

Such a system would make county officials aware of new businesses 
that otherwise might not be noticed, said Yakima County Commissioner 
Mike Leita.

"We're simply now discussing a very forthright, open way to eliminate 
any confusion of our ban on marijuana," he said in a recent 
interview. "There's a lot of vacant buildings in Yakima County, and 
we have no way of finding out if someone starts a business that's not 
allowed in one of them."

So far, four marijuana businesses in unincorporated areas of the 
county have obtained operating licenses from the state since voters 
approved legalizing recreational marijuana in 2012.

But the state Liquor Control Board, which issued the licenses, said 
it won't interfere with any local government's decision to ban such 
businesses. It's the opinion of the state attorney general that 
Initiative 502 doesn't prevent local governments from banning 
marijuana operations.

Earlier this year, bans on recreational marijuana in two cities, 
Wenatchee and Fife, were upheld by superior courts in their 
respective counties.

As of now, 40 cities and three counties in the state have prohibited 
marijuana businesses, and 73 cities and 10 counties have moratoriums 
in place, according to Municipal Research, a center that provides 
legal advice to local governments throughout the state.

Although business owners who obtained licenses in Yakima County told 
county officials they'd abide by the ban, Leita said there is nothing 
in place that would inform county officials if any of them began to 
operate in the future. A licensing system would give county officials 
first alert of any new business, he said.

But the proposed measure wouldn't focus only on attempts at opening 
marijuana shops, Leita said. County officials in the past have 
learned of other unauthorized businesses, such as an auto-mechanic 
shop operating out of a garage and a farm that evolved into a salvage 
yard. Both violated zoning ordinances, Leita said.

Often such makeshift business exist long before county officials 
learn of them, he said.

"It's problematic for code enforcement," he said, noting that 
unauthorized businesses unfairly compete with licensed ones while 
violating code.

Creating a county business licensing system may be tricky, said 
Yakima County Deputy Prosecutor Terry Austin. Under state law, 
counties have limited business-license authority.

However, state law specifies some businesses that counties can 
require licenses for, such as dog kennels, massage parlors, liquor 
stores and trading-stamp businesses, but then goes on to say "there 
may be others."

Austin said his office is researching the matter. "We're going to 
look into that further and give the commissioners some advice," he said.

Commissioners plan to discuss the matter in detail in the coming 
months, Leita said. "We'll brainstorm," he said.
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MAP posted-by: Jay Bergstrom