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Notice of Final Decision on a Marijuana-Related Business License

Post Date:04/18/2017 2:00 PM

NOTICE OF FINAL DECISION ON
A MARIJUANA-RELATED BUSINESS LICENSE

Actions Taken By: The City of Wenatchee Mayor’s Office

Applicant: Dzung Nguyen
8024 36th Ave. S.
Seattle, WA 98118

Business Owner: Dzung Nguyen, Cannabis Provisions East

Business Address: 831 N. Miller St.
Wenatchee, WA 98801

A. Proposal: An application for a marijuana-related business license, specifically for a retail operation. The business name is, Cannabis Provisions East. The applicant has indicated that the proposed business would include a retail store for the sale of cannabis flowers, edibles, concentrates, waxes, and related paraphernalia. The business address is located within Chelan County Assessor’s Tax Parcel Number 222003585385, more specifically described under the abbreviated legal description as, Garden Home Block 3 Lot 1 Tax 6, .10 acres.

B. Findings of Fact:
1. The applicant is Dzung Nguyen, Customer Service# 00159528.
2. The applicant submitted application materials for a marijuana-related business license, for a retail operation, on January 13, 2017.
3. The site address for the proposal is 831 N. Miller St., Wenatchee WA, 98801, and is located within Chelan County Assessor’s Tax Parcel Number 222003585385, more specifically described under the abbreviated legal description as, Garden Home Block 3 Lot 1 Tax 6, .10 acres.
4. The site address is located within the North Wenatchee Business Zoning District, (NWBD).
5. Marijuana retailers are a listed permitted use in the North Wenatchee Business Zoning District, as identified under 10.10.020, WCC.
6. A Notice of Complete Application with a 15 day comment period was provided to all property owners as identified by the Chelan County Assessor’s parcel and owner address data within 700 feet of the property lines of the premises on January 27, 2017. Additional notice was provided with the posting of a Notice of Complete Application sign on the premises on January 27, 2017, and published notification in the Wenatchee World legal ads on January 27, 2017.
7. No public comments were submitted on the proposal.
8. City of Wenatchee Departments were provided copies of the application materials by the City Clerk and were requested to review for compliance the proposed marijuana-related business with the laws and regulations which each department administers. City departments have provided no comments indicating non-compliance with the laws administered by each department. Necessary building and tenant improvements are in place.
9. A copy of a current state issued Business License as a Marijuana Retailer has been submitted by the applicant.
10. The applicant submitted an analysis to demonstrate compliance with the Location Restrictions under Section 5.12.100(8) and to address Section D (3) of the application form, with respect to the proposed use.
11. Community and Economic Development Staff conducted an analysis of Section 5.12.100(8) for the proposal. Based upon a review of the application materials and city data resources, staff did not identify any child day care facilities licensed by the City or any churches or park areas within 1000 feet of the proposed use of Chelan County Assessor’s Tax Parcel Number 222003585385.
12. The City of Wenatchee Mayor is responsible for granting, denying, revoking, suspending, and canceling marijuana-related business licenses as established under Section 5.12.030, WCC.

C. Conclusions of Law:

1. The applicant is eligible, as provided in Section 5.12.050 WCC, for a marijuana-related business license.
2. The applicant has provided a reasonable analysis that the application is consistent with the Location Restrictions of Section 5.12.100(8).
3. Application materials demonstrate compliance with the requirements of Section 5.12.100 Standards WCC, Chapter 5.12 Marijuana Related Business WCC, and applicable provisions of the Wenatchee City Code.
4. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference.
5. The City of Wenatchee Mayor is vested with the authority to render this decision.

D. Decision: Upon completion of the investigation and review by the various City Departments, a review of the recommendations and verifications, and a determination that all matters contained in the application are true and correct under the provisions of Chapter 5.12 Marijuana-Related Business; the application for a marijuana-related business license, for a retail operation under Project Customer No. 00159528, is hereby approved based on the findings of fact, conclusions of law contained herein.

Dated this 18th day of April, 2017

Frank Kuntz
Mayor, City of Wenatchee

The decision of the City of Wenatchee Mayor’s Office is final unless appealed as provided in Section 5.12.130 Appeals WCC. An appeal of an order granting, or denying, a license shall be filed with the city clerk within 14 calendar days after service of the order on the applicant or licensee and shall be heard by the hearing examiner in accordance with WCC 13.11.030 for review of such determination. Appeals shall be subject to an administrative appeal fee in accordance with WCC 1.99.010. An appeal on this decision must be submitted no later than 5:00 p.m. on May 2, 2017, at the Wenatchee City Hall, located at 129 South Chelan Avenue, Wenatchee WA, during the hours between 8:00 A.M. and 5:00 P.M. Monday-Friday.

The complete case file on this matter is available for review during normal business hours at the offices of the City of Wenatchee Mayor located at 129 South Chelan Avenue, Wenatchee WA, Monday-Fridays between the hours of 8:00 A.M. and 5:00 P.M. Please contact the Wenatchee City Clerk at (509) 888-6204 to arrange an inspection of the file.

Parties interested in an appeal should review the required submittal components for an appeal and the procedures and standards that appeals are considered by the City of Wenatchee Hearing Examiner. These provisions are outlined under WCC 13.11.030, which may be reviewed at http://codepublishing.com/WA/Wenatchee.html; or may be reviewed at the offices of the City of Wenatchee Community and Economic Development Department during normal business hours identified above. Decisions of the Hearing Examiner may be appealed to the Chelan County Superior Court as provided in Section 5.12.130 Appeals WCC.