Section 314-55-165 - Objections to cannabis license renewals(1)How can local cities, counties, tribal governments, or port authorities object to the renewal of a cannabis license?(a) The LCB 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 LCB 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 LCB for an extension for good cause shown.(d) This letter must be received by the LCB 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 LCB'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 LCB 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 LCB will decide to either renew the cannabis license, or to pursue nonrenewal. (a) LCB decides to renew the cannabis license: | (b) LCB decides to pursue nonrenewal of the cannabis license: |
(i) The LCB will notify the jurisdiction(s) in writing of its intent to renew the license, stating the reason for this decision. | (i) The LCB will notify the licensn writing of its intent to not 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 LCB. The request must be received within 20 days of the date the intent to renew notification was mailed. 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. | (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 LCB. The request must be received within 20 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 a final decision is made. |
Wash. Admin. Code § 314-55-165
Amended by WSR 16-11-110, Filed 5/18/2016, effective 6/18/2016Amended by WSR 22-14-111, Filed 7/6/2022, effective 8/6/2022Amended by WSR 24-16-064, Filed 7/31/2024, effective 8/31/2024Statutory 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