Current through Register Vol. 24-18, September 15, 2024
(1)
(a) A cannabis retailer's license is subject
to forfeiture if the retailer is not fully operational and open to the public
after 12 months of issuance of the license. No cannabis retailer's license is
subject to forfeiture within the first nine months of issuance.
(b) Fully operational means the business
meets the following criteria for at least 12 consecutive weeks within a
12-month period after issuance of the license:
(i) The business is open to the public for a
minimum of five hours a day between the hours of 8:00 a.m. and 12:00 midnight,
three days a week;
(ii) The
business posts hours of operation outside of the premise in the public view;
and
(iii) The business reports
monthly sales from the sale of cannabis products and pays applicable
taxes.
(2) A
cannabis retailer's license will not be subject to forfeiture if the licensee
is not able to open a fully operational retail cannabis business based on
actions by the city, town, or county with jurisdiction over the licensed
business including:
(a) The adoption of a ban
or moratorium that prohibits the retail cannabis business from opening;
or
(b) The adoption of an ordinance
or regulation related to zoning, business licensing, land use, or other
regulatory measure that has the effect of preventing a licensee from receiving
an occupancy permit from the jurisdiction or which otherwise prevents a
licensed cannabis retailer from becoming operational.
(3) Exceptions to license forfeiture.
(a) The board has the sole discretion to
grant exceptions to the license forfeiture process if a cannabis retailer
licensee experiences circumstances that are out of their control such as a
natural disaster.
(b) Sufficient
documentation is required to verify any of the exceptions to license forfeiture
in this section. Licensees must inform the board if conditions change, such as
an adjustment to zoning requirements, changes to a ban or moratorium, or other
circumstances that would allow the licensee to operate.
(c) If the underlying condition exempting a
cannabis retail license from forfeiture under subsection (2) of this section or
(a) of this subsection is removed, then the 12-month time frame to become fully
operational and open to the public requirement under subsection (1) of this
section will begin from the time the condition exempting the retail license
from forfeiture is removed.
(4) A cannabis retail licensee who receives a
notice of license forfeiture under this section from the LCB may request an
administrative hearing under chapter 34.05 RCW. A request for a hearing must be
made in writing and received by the LCB no later than 20 days after service of
the notice. Requests submitted in paper form may be delivered to the LCB in
person during normal business hours at 1025 Union Avenue S.E., Olympia, WA
98504, or mailed to the LCB. Mailed appeal requests must be addressed to: LCB,
ATTN: Adjudicative Proceedings Coordinator, P.O. Box 43076, Olympia, WA
98504-3076 or, for certified mail, LCB, ATTN: Adjudicative Proceedings
Coordinator, 1025 Union Avenue S.E., Olympia, WA 98504.
