CITY OF SEATTLE

ORDINANCE __________________

AN ORDINANCE relating to the business license tax, amending the definitions of "agricultural product" and "farmer," and amending Section 5.30.020 of the Seattle Municipal Code in connection therewith.

WHEREAS, the Seattle Municipal Code Section 5.45.090.O presently contains an exemption from the business license tax for farmers selling certain agricultural products; and

WHEREAS, the City desires that persons that grow or produce marijuana not be eligible for the exemption for farmers who sell agricultural products that they grow or produce; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection 5.30.020.B, which section was last amended by Ordinance 123063, is amended as follows:

SMC 5.30.020 Definitions, A -B.

B. "Agricultural product," "farmer."

1. "Agricultural product" means any product of plant cultivation or animal husbandry including, but not limited to: A product of horticulture, grain cultivation, vermiculture, viticulture, or "aquaculture" as defined in RCW 15.85.020; plantation Christmas trees; turf; or any animal including but not limited to an animal that is a "private sector cultured aquatic product" as defined in RCW 15.85.020, or a bird, or insect, or the substances obtained from such an animal. "Agricultural product" does not include animals intended to be pets and does not include marijuana as defined by RCW 69.50.101(t) .

2. "Farmer" means any person engaged in the business of growing or producing, upon the person's own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person's own consumption. "Farmer" does not include a person selling any animal or substance obtained therefrom in connection with the person's business of operating a stockyard or a slaughter or packing house. "Farmer" does not include any person in respect to the business of taking, cultivating or raising timber. "Farmer" does not include any person engaged in the business of growing or producing marijuana as defined by RCW 69.50.101(t).

Section 2. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2014.

_________________________________

Edward B. Murray, Mayor

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Pete Holmes CAO; Farmers Tax Exemption ORD November 13, 2013 Version #1a