Section 314-55-055 - Cannabis retailer license forfeiture(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.Wash. Admin. Code § 314-55-055
Adopted by WSR 18-12-046, Filed 5/30/2018, effective 6/30/2018Amended by WSR 22-21-058, Filed 10/12/2022, effective 11/12/2022Amended by WSR 24-16-064, Filed 7/31/2024, effective 8/31/2024