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Phillips Esq., Attorney-at-Law
Category: Business Law
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Experience:  B.A.; M.B.A.; J.D.
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A moratorium took place in Olympia Washington concerning Medical

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A moratorium took place in Olympia Washington concerning Medical Marijuana Cooperatives/Dispensaries on May 7th, 2013. A City/State business license was obtained just in time before the moratorium went into effect. The city inspectors inspecting the building told the landlord during the 2nd from the end of all inspections that no one can build a Medical Marijuana Cooperative/Dispensary. The landlord assured the inspector that the proper license was obtained. This was said around May 8th, 2013 a day after the moratorium was announced by the City of Olympia. Now the State of Washington business licensing division official based out of the capital of Washington which is Olympia contacts the business owner on the telephone and advises the business license applicant that his business license was approved in time and that the moratorium will not effect the license and that the business license applicant is approved to do business immediately and the business license applicant tells the state official thank you several times and advises the official how relieved he is to hear such good news and the business license applicant tells the official that he will be spending the remaining $30,000.00 to finish the place off by adding the bullet proof glass and doors and so on... The Washington State Official then advises that the license will be or already has been mailed out and it should arrive within the next 2 to 3 days.
Now the City of Olympia comes back and advises that since no products were not sold after obtaining the business license(April 30th, 2013)on thru when the moritorium was put into effect by the City of Olympia on May 7th, 2013, that the City of Olympia would not recognize our business license and advised per conversation with two of the City of Olympia Attorneys that the business could not open at this time. We did sell 5 items and several people were involved. What difference does it make if we were open for business or not? We secured the license!!!
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A moratorium took place in Olympia Washington concerning Medical Marijuana Cooperatives/Dispensaries on May 7th, 2013. A City/State business license was obtained just in time before the moratorium went into effect. The city inspectors inspecting the building told the landlord during the 2nd from the end of all inspections that no one can build a Medical Marijuana Cooperative/Dispensary. The landlord assured the inspector that the proper license was obtained. This was said around May 8th, 2013 a day after the moratorium was announced by the City of Olympia. Now the State of Washington business licensing division official based out of the capital of Washington which is Olympia contacts the business owner on the telephone and advises the business license applicant that his business license was approved in time and that the moratorium will not effect the license and that the business license applicant is approved to do business immediately and the business license applicant tells the state official thank you several times and advises the official how relieved he is to hear such good news and the business license applicant tells the official that he will be spending the remaining $30,000.00 to finish the place off by adding the bullet proof glass and doors and so on... The Washington State Official then advises that the license will be or already has been mailed out and it should arrive within the next 2 to 3 days.
Now the City of Olympia comes back and advises that since no products were not sold after obtaining the business license(April 30th, 2013)on thru when the moritorium was put into effect by the City of Olympia on May 7th, 2013, that the City of Olympia would not recognize our business license and advised per conversation with two of the City of Olympia Attorneys that the business could not open at this time. We did sell 5 items and several people were involved. What difference does it make if we were open for business or not? We secured the license!!!


Response: It does not make any difference. If the business is properly licensed by the State to do business, the business can operate the dispensary UNLESS the license is revoked. Where there is a conflict between what the State says and what the City says, what the State says controls. If there is a conflict between a State Law and a City Ordinance, State Law controls. If the State authorizes you to operate your dispensary, but the City does not want you to because of the moratorium, you can operate the dispensary. If the City sues you, you can use the authorization by the State as a defense. Nonetheless, you need to let the State Licensing Department know if the City Inspectors start making trouble for you.

Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 17529
Experience: B.A.; M.B.A.; J.D.
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