HomeMy WebLinkAboutO-2014-015 Medical Marijuana Business Regulations Second Reading ORDINANCE NO. 2014-015
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND SECTION 17-10, "PUBLIC
CONSUMPTION OF MARIJUANA" OF THE CITY'S CODE OF
ORDINANCES TO PROHIBIT THE SMOKING, INGESTION OR
CONSUMPTION OF MARIJUANA IN PUBLIC; TO AMEND CHAPTER 19,
"MARIJUANA BUSINESSES," OF THE CITY'S CODE OF ORDINANCES
TO PROVIDE REGULATIONS, RESTRICTIONS AND PROCEDURES FOR
THE OPERATION OF MEDICAL MARIJUANA RETAIL CENTERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach
Comprehensive Plan provides that the City of Dania Beach will maintain land development
regulations and zoning regulations to implement the City's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances and Land Development Code
("Code") in order to update regulations and procedures to implement municipal goals and
objectives; and
WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for the
growing, processing, and distributing of specific forms of low-THC (non-euphoric) cannabis to
qualified patients and their caregivers for the treatment of listed medical conditions, which
became effective on June 16, 2014 as Chapter 2014-157, Laws of Florida, and is codified at
Section 381.986, Florida Statutes ("Senate Bill 1030"); and
WHEREAS, the Florida Department of Health is currently adopting a rule to implement
Senate Bill 1030, which rule must be effective by January 1, 2015; and
WHEREAS, despite the adoption of Senate Bill 1030, the activities it condones remain
illegal under federal law; and
WHEREAS, on November 4, 2014, Florida voters will be considering the approval of an
amendment to the Florida Constitution to allow for broader medical use of any kind of marijuana
(including euphoric strains)within the State (the "Constitutional Amendment"); and
WHEREAS, the proposed Constitutional Amendment authorizes and defines "Medical
Marijuana Treatment Centers" to encompass the entire supply chain (cultivation, processing,
storage, distribution, etc.),not just retail sales to qualified patients; and
WHEREAS, the Constitutional Amendment, if approved, will, permit the use of
additional alternative forms of marijuana (marijuana in all its forms including low-THC
cannabis, together referred to as "marijuana") and alternative dispensing methods (including, but
not limited to, smoking and food products); and
WHEREAS, significant safety and security issues exist for any establishment involved in
the cultivation, processing or distribution of marijuana, because they maintain large drug
inventories and are forced to deal in cash because their activities have not yet been sanctioned by
federal law; and
WHEREAS, such businesses are inherently attractive targets for criminals, and it is
therefore essential that the City of Dania Beach limit the permissible scope of such uses and
regulate them to ensure their compatibility with surrounding businesses and the community, and
to protect and advance the public health, safety and welfare; and
WHEREAS, other attributes of land uses dealing with marijuana, such as odors, must be
regulated to minimize their impact on surrounding properties and uses and prevent the creation
of attractive nuisances; and
WHEREAS, both Senate Bill 1030 and the Constitutional Amendment are silent on the
topic of local government regulation and, consistent with Florida caselaw governing preemption,
local governments are therefore not preempted from regulating marijuana uses; and
WHEREAS, the City Commission has determined that it is in the best interests of the
citizenry and general public to provide appropriate business regulations to ensure that the
business involved with marijuana is compatible with surrounding businesses, as well as the
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safety of the employees, neighbors, customers and area residents, and consistent with the
Comprehensive Plan; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 17, "Offenses —Miscellaneous," Section 17-10. "Reserved,"
of the City of Dania Beach Code of Ordinances is amended to read as follows:
Sec. 17-10.-wed.. Public consumption of mari uana.
It shall be unlawful for any person to smoke, ingest or consume marijuana, medical marijuana,
cannabis, or Low-THC cannabis as defined in Chapter 19 of this Code or Florida Statutes, in any
form in M public building,public right-of-way, or public space within the City.
Section 3. That Chapter 19, "Marijuana Businesses"of the City of Dania Beach Code
of Ordinances is amended to read as follows:
CHAPTER 19. ReseFved. Marijuana Businesses.
(A) Definitions. The following words, terms and phrases, when used in this Chapter, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
(1) Applicant. An individual or business entity desiring to operate a Medical Marijuana
Retail Center within the City limits.
(2) Business Operating Name. The legal or fictitious name under which a Medical
Marijuana Retail Center conducts its business with the public.
(3) Employee. A person authorized to act on behalf of the Medical Marijuana Retail
Center, whether that person is an employee or a contractor, and regardless of whether
that person receives compensation.
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(4) Identification Tag. A tamperproof card issued by the City to the persons involved
with a Medical Marijuana Retail Center as evidence that they have passed the
background checks and other requirements of this Chapter and are authorized to be
present on the Premises.
(5) Marijuana. Any strain of marijuana or cannabis, in any form, that is authorized by
state law to be dispensed or sold in the State of Florida. Also referred to as "Medical
Marijuana."
(6) Medical Maryuana Permit. A permit issued by the City pursuant to this Chapter
authorizing a business to sell Marijuana in the City. Also referred to as "Permit."
(7) Medical Marijuana Retail Center. A retail establishment, licensed by the Florida
Department of Health as a "medical marijuana treatment facility," "medical
marijuana treatment center," "dispensing organization," "dispensing organization
facility" or similar use, that sells and dispenses medical marijuana, but does not
engage in any other activity related to preparation, wholesale storage, distribution,
transfer, cultivation, or processing of any form of Marijuana or Marijuana product,
and does not allow on-site consumption of Marijuana. A Medical Marijuana
Treatment Center shall not be construed to be a Medical Marijuana Retail Center.
(8) Medical Marijuana Treatment Center. Any facility licensed by the Florida
Department of Health to acquire, cultivate, possess, process including but not limited
to development of related products such as food, tinctures, aerosols, oils, or
ointments), transfer, transport, sell, distribute, dispense, store, or administer
Marijuana, products containing Marijuana, related supplies, or educational materials,
as authorized by state law. A Medical Marijuana Treatment Center may include retail
sales or dispensing of Marijuana. A facility which provides only retail sales or
dispensing of Marijuana shall not be classified as a Medical Marijuana Treatment
Center under this Chapter. Also may be referred to as a "Medical Marijuana
Treatment Facility" or "dispensing organization" or other similar term recognized by
state law.
(9) Owner. Any person, including any individual or other legaly, with a direct or
indirect ownership interest of 5% or more in the Applicant, which interest includes
the possession of stock, equity in capital, or any interest in the profits of the
Applicant.
(10) Premises. The building, within which a Medical Marijuana Retail Center is permitted
to operate by the City, including the property on which the building is located, all
parking areas on the property or that are utilized by the Medical Marijuana Retail
Center and sidewalks and alleys within 100' of the property on which the Medical
Marijuana Retail Center is located.
(11) Qualified registered patient/Qualified patient. A resident of the state of Florida who
has been added to the State's compassionate use registry by a physician licensed
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under chapter 458 or chapter 459, Florida Statutes to receive Medical Marijuana from
a dispensing organization or Medical Marijuana Treatment Center or similar use as
defined in Florida Statutes.
(B) Medical Marijuana Permit and identification tag required.
(1) It shall be unlawful for any business or person to operate a Medical Marijuana Retail
Center, or to otherwise offer for sale or in any wayparticipate articipate in the conduct of any
activities upon the Premises within the City without first obtaining a Medical
Marijuana Permit.
(2) Each person employed in the conduct of such activity shall be screened and approved
pursuant to this Chapter and required to obtain an Identification Tag before the
Medical Marijuana Retail Center opens for business or, for persons who become
involved with the Center after it is open, before having any involvement in Center's
activities.
(3) No Medical Marijuana Permit or Identification Tag shall be transferable; each person
must obtain a Medical Marijuana Permit or Identification Tagdirectly irectly from the City.
(C) Applications for Permit; investigation and issuance; term.
(1) Applications for a Medical Marijuana Permit shall be made by the applicant in person
to the City Clerk during regular business hours upon such forms and with such
accompanying information as may be established by the City. Such application shall
be sworn to or affirmed. Every pplication shall contain at least the following:
(a) The Business Operating Name and all Applicant and Owner information. If
the Applicant or Owner is:
1. An individual, his or her legal name, aliases, home address and business
address, date of birth, copy of driver's license or a state or federally issued
identification card;
2. A partnership, the full and complete name of the partners, dates of birth,
copy of driver's license or state or federally issued identification card of all
partners, and all aliases used by all of the partners, whether the partnership
is general or limited, a statement as to whether or not the partnership is
authorized to do business in the State of Florida and, if in existence, a copy
of the partnership agreement (if the general partner is a corporation, then
the Applicant shall submit the required information for corporate applicant
in addition to the information concerning the partnership);
3. A corporation, the exact and complete corporate name, the date of its
incorporation, evidence that the corporation is in good standing, the legal
names and dates of birth, driver's license numbers or state or federally
issued identification card numbers of all officers, and directors, and all
aliases used, the capacity of all officers, and directors, and, if applicable,
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the name of the registered corporate agent, and the address of the re ism tered
office for service of process, and a statement as to whether or not each
corporation is authorized to do business in the State of Florida;.
4. The addresses required by this section shall be physical locations, and not
post office boxes. The name, home address, and business address of the
Applicant and the name and an address of all Owner(s), if any, other than
the Applicant. The addresses required by this section shall be physical
locations, and not post office boxes.
(b) A coln lep to copy of the business' application to the State of Florida and all
related exhibits, appendices, and back up materials for approval and licensure as
a Medical Marijuana Treatment Center.
(c) A statement as to whether the Applicant or any Owner or Employee has
previously received a Medical Marijuana Permit or Identification Tag from the
City.
(d) A statement as to whether the Applicant or any Owner holds other permits or
licenses under this Code and, if so, the names and locations of such other
permitted or licensed establishments.
(e) A statement as to whether the Applicant or any Owner has been a partner in a
partnership or an officer or director of a corporation whose permit or license
issued under this Code has previously been suspended or revoked, including the
name and location of the Establishment for which the permit or license was
suspended or revoked, as well as the date of the suspension or revocation.
(f) A statement as to whether or not the Applicant or any Owner has lost any
privilege or had any permit or license to do business revoked by any local, State
or Federal government and, if so, the nature of such privilege, permit or license
and the reason for such revocation.
(g) A statement as to whether or not the Applicant or any Owner has lost any
privilege or had any_permit or license to do business suspended by an local,
State or Federal government and, if so, the nature of such privilege, permit or
license and the reason for such suspension.
(h) A statement as to whether or not the Applicant or any Owner or Employee_ has
been found guilty of or has pleaded guilty or nolo contendere to a felony
relating to any business in this State or in any other state or Federal court,
regardless of whether a judgment of conviction has been entered by the court
having jurisdiction of such cases.
(i) A statement as to whether or not the Applicant or any Owner or Employee has
been found guilty of, or have pleaded guilty or nolo contendere to, a felony
relating to a battery or a physical violence on any person in this State or in any
other state or Federal court, regardless of whether a judgment of conviction has
been entered by the court having jurisdiction of such cases.
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() A statement as to whether or not the Applicant or any Owner has filed a petition
to have their respective debts discharged by a bankruptcy court having
jurisdiction of such cases.
W Written documentation that the Applicant, every Owner, and each employee has
successfully completed Level-2 background screening within the year.
(1) A passport photograph of the Applicant, every Owner, and each Employee.
(m) A notarized, signed, and sworn statement that the information within the
application is truthful, independently verifiable, and complete and that the
photocopies of the attached driver's licenses or state or federally issued
identification cards are true and correct copies of the originals.
(2) Rejection of application. In the event the City determines that the Applicant has not
satisfied the application requirements for a proposed Medical Marijuana Retail
Center, the Applicant shall be notified of such fact; and the application shall be
denied.
(3) Fees. In addition to demonstrating compliance with this Article, the Applicant shall
pay a nonrefundable application fee in an amount established by resolution of the
City Commission for each Applicant, each Owner, and each Employee to cover its
administrative costs and expenses incurred in reviewing and administering the Permit
and Identification Tag program, irrespective of the issuance or denial of the
application. Each Applicant shall also pay an annual nonrefundable, nonproratable
Permit fee in an amount established by resolution of the City Commission before
receiving a Medical Marijuana Permit.
(4Application review.
(a) Investigation. The City shall refer the application to the Chief of Police, who
shall review the application and documentation provided, and conduct a
background screening of the Applicant, each Owner and Emplo ey eiUpon receipt
of the appropriate documentation, the Chief of Police shall forward the
information and application to the City Manager, together with any
recommendations and other relevant information from the files regarding the
Applicant.
(b) City Manager determination. Upon receipt of such material from the Chief of
Police, the City Manager shall, within 30 days, either:
1. Notify the Applicant that the Permit has been denied and the reason for
such denial; or
2. Issue a Permit, with or without conditions.
(c) Duration. Permits shall be issued for a one-year period for a term commencing
October 1 or the date of issuance, and ending the following September 30.
(d) Denial. The City shall deny an Applicant's application for a Medical Marijuana
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Permit if:
I. The gp lip cable permit or licensing fees have not been paid in full,
2. The application violates or fails to meet the provisions of this Code, anv
building, fire or zoning code, statute, ordinance, or regulation,
3. The application contains material false information, or information
material to the decision was omitted; failure to list an individual required
to be listed, and whose listing would result in a denial, is presumed to be
material false information for purposes of denial of the application, the
certification that the Applicant owns, possesses, operates and exercises
control over the proposed or existing Medical Marijuana Retail Center is a
material representation for purposes of this Section;
4. The Applicant or any Owner has a permit or license under this Code, or
has had a permit or license under this Code, which has been suspended or
revoked
5. The rig of the application would violate a statute or ordinance, or an
order from a court of law that prohibits effectively the Applicant from
obtaining a Medical Marijuana permit;
6. The Applicant, an Employee, or anv Owner has been convicted of fraud or
felony by any state or Federal court within the past five years or less than
five years has elapsed since the date of release from confinement imposed
for the conviction, whichever is the later date, if the conviction is of a
felony offense; or
7. The Applicant, an Employee, or any Owner has obtained anv
governmental permit by fraud or deceit.
(e) Background checks, photograph and identi acation tag. In connection with the
issuance of a Medical Marijuana Permit by the City, the Chief of Police shall,
upon verification of successful level 2 background screening, cause an
Identification Tag to be issued to each approved Applicant for a Permit as well as
for each Owner and each Employee. On the face of each Identification Tag, there
shall be placed the following_
1. A photograph of the Applicant/Owner/Employ
2. The Permit number,
3. The Permit holder's name and address;
4. The name and address of the Medical Marijuana Retail Center that the
Applicant/Owner/Employeepresents or is employed by, and
5. The expiration date of the Permit.
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(fl Reapplication. If a Person applies for a Medical Marijuana Permit at a particular
location within a period of one year from the date of denial of a previous
application for a Medical Marijuana Permit at the location, and there has not been
an intervening change in the circumstances material to the decision regarding the
former reason(s) for denial, the application shall not be accepted for
consideration.
(g) Renewal. Medical Marijuana Permits shall be entitled to renewal annually subject
to the provisions of this Article. Before the October 1 expiration date, the annual
Medical Marijuana Permit may be renewed by presenting the Permit for the
previous year, and:
1. Pam the he appropriate permit fee;
2. Updating the information supplied with the latest application or certifying
that the information supplied previously remains unchanged; and
3. Providing_proof of continued compliance with all State and City licenses,
operational and zoning requirements.
(h) Permit Transferability.
1. The Medical Marijuana Permit is specific to the Applicant and the location
and shall not be transferred.
2. An attempted transfer of a Medical Marijuana Permit either directly or
indirectly in violation of this Section is hereby declared void, and in that event
the Medical Marijuana Permit shall be deemed abandoned, and the Medical
Marijuana Permit shall be forfeited.
(i) Violation of regulations. In the event of a Code violation, violation of the
conditions of the Medical Marijuana Permit or Special Exception approval, or
other violation of the laws applicable to the Medical Marijuana Retail Center,the
City shall issue a warning notice and the Applicant shall, no later than twenty
(20) business days after receipt of the notice, provide a copy of a corrective
action plan and timeframes and completion date to address the identified issues
to the City.
(j) Illegal transfer. If a Medical Marijuana Permit is transferred contrary to this
Chapter, the City shall suspend the Medical Marijuana Permit and notify the
permittee of the suspension. The suspension shall remain in effect until all of the
requirements of this Chapter have been satisfied and a new Medical Marijuana
Permit has been issued by the City.
(k) Grounds for Revocation. Any Medical Marijuana Permit issued under this
Article shall be revoked if any one or more of the following occurs:
1. The Applicant provides false or misleading information to the City;
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2. Anyone on the premises knowingly dispenses, delivers, or otherwise
transfers any Marijuana or Marijuana product to an individual or entity not
authorized by state law to receive such substance or product,
3. The Applicant, an Owner or a manager is convicted of a felony offense;
4. Any Applicant, Owner, manager or Employee is convicted of any drug-
related crime under Florida Statutes;
5. The Applicant fails to correct any City Code violation or to otherwise
provide an action plan to remedy the violation acceptable to the City
Manager within 20 days of citation;
6. The Applicant fails to correct any State Law violation or address any warning
in accordance with any corrective action plan required by the State within the
timeframes and completion date the Applicant provided to the City;
7. The Applicant's State license or approval authorizing the dispensing of
Medical Marijuana expires or is revoked; or
8. Any special exception approval granted by the City for the use of a Medical
Marijuana Retail Center at a particular location expires or is revoked.
(1) Revocation. In the event the City determines there are grounds for revocation as
provided in this Chapter, the City shall notify the permittee of the intent to
revoke the Medical Marijuana Permit and the grounds upon which such
revocation is proposed. The permittee shall have ten business days in which to
provide evidence of compliance with this Chapter. If the permittee fails to show
compliance with this Chapter within ten business days, the City shall schedule a
hearing before the Special Magistrate. If the Special Magistrate determines that a
Permitted Medical Marijuana Retail Center is not in compliance with this
Chapter the City shall revoke the Medical Marijuana Permit and shall notify
_the
permittee of the revocation. Nothing in this Section shall take away
enforcement powers of the Special Magistrate or any other agency provided by
the Code or statute.
(m)Effect ofRevocation.
1. If a Medical Marijuana Permit is revoked, the permittee shall not be allowed
to obtain another Medical Marijuana Permit for a period of two years, and no
Medical Marijuana Permit shall be issued during that time period to another
Applicant for the location and Premises upon which the Medical Marijuana
Retail Center was situated.
2. The revocation shall take effect 15 days, including Saturdays, Sundays and
holidays, after the date the City mails the notice of revocation to the
permittee or on the date the permittee surrenders his or her Medical
Marijuana Permit to the City, whichever occurs first.
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(D) General requirements. Each Medical Marijuana Retail Center shall observe the following
general requirements:
(1) Conform to all applicable Building statutes, codes, ordinances, and regulations,
whether federal, State,or local;
(2) Conform to all applicable fire statutes, codes, ordinances, and regulations, whether
federal, State, or local;
(3) Conform to all applicable health statutes, codes, ordinances, and regulations, whether
federal, State, or local;
(4) Conform to all applicable zoning regulations and land use Laws, whether State or
local, including but not limited to the City Land Development Code;
(5) Keep the original of the Medical Marijuana Permit posted in a conspicuous place at
the Premises at all times, which Medical Marijuana Permit shall be available for
inspection upon request at all times by the public.
(E) Medical Marijuana Permit operation requirements. Any business operating under a
Medical Marijuana Permit shall comply with the following operational guidelines.
(1) Hours of2peration.
(a) Operation is permitted only between the hours of [8 A.M. and 5 P.M. Monday
through Saturdayl.
(b) No operation is permitted on Sundays or state or federal holidays.
(2) On-Site consumption of Marijuana. No Medical Marijuana Retail Center shall allow
any Marijuana to be smoked, ingested or otherwise consumed on the Premises. The
Medical Marijuana Retail Center shall take all necessary and immediate steps to
ensure compliance with this paragraph. No person shall smoke, ingest or otherwise
consume Marijuana on the Premises.
(3) Alcohol prohibited. No Medical Marijuana Retail Center shall allow the sale, service,
or consumption of any_type of alcoholic beverages on the Premises includingin n the
surrounding rights-of-way. The Medical Marijuana Retail Center shall take all
necessary and immediate steps to ensure compliance with this paragraph. No person
shall consume an alcoholic beverage on the Premises, including the surroundiniz
rights-of-way.
(4) Outdoor activity. There shall be no outdoor displays, sales, promotions, or activities
of any kind permitted on the Premises, including the surrounding rights-of-way. All
activities and business shall be conducted within the confines of the permanent
building containing the Medical Marijuana Retail Center.
(5) On-site storage. There shall be no on-site storage of any form of Marijuana or
Marijuana product, except as reasonably necessary for the conduct of the Medical
Marijuana Retail Center's on-site business.
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(6) Live plant materials. No living Marijuana plants are permitted on the site of a
Medical Marijuana Retail Center.
(7) Maintenance of premises. A Medical Marijuana Retail Center shall actively remove
litter at least twice each day of operation on the Premises, from the Premises, the area
in front of the Premises, from any parking lot used by its patrons, and, if necessary,
from public sidewalks or rights-of-way within one hundred (100) feet of the outer
edge of the Premises used by its patrons.
(8) Garbage. Refuse or waste products incident to the distribution of marijuana shall be
destroyed on-site at least once every 24 hours.
(9) Delivery. All deliveries to the Medical Marijuana Retail Center shall be made during
regular operating hours while on-site security personnel are present.
(10) Security. With the application, the Applicant shall submit a security plan
demonstrating compliance with Section 381.986, Florida Statutes and all other
applicable statutes and State administrative rules.
(a) In addition to proving compliance with all State requirements, the security plan
shall, at a minimum,provide the following_
1. Fully operational lighting and alarms reasonably designed to ensure the
safety of persons and to protect the Premises from theft, both in the
Premises and in the surrounding rights-of-way, including:
a. a silent security alarm that notifies the Police Department or a private
security agency that a crime is taking place;
b. a vault, drop safe or cash management device that provides minimum
access to the cash receipts; and
c. a security camera system capable of recording and retrieving an
image which shall be operational at all times during and after
business hours. The security cameras shall be located:
(i) at every ingress and egress to the dispensary, including doors and
windows;
(ii) on the interior where any monetary transaction shall occur; and
(iii) at the ingress and egress to any area where Medical Marijuana is
stored;
2. Traffic management and loitering controls;
3. Cash and inventory controls for all stages operation on the Premises,
and during transitions and delivery.
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4. On-site armed security personnel during business hours.
(b) The Chief of Police shall review the Applicant's operational and security plan
using Crime Prevention Through Environmental Design (CPTED) principles.
The Chief may impose site and operational revisions as are deemed reasonably
necessary for the health, safety and general welfare of the Applicant, Owner(s),
Employees, customers, adjacent property owners and residents, which may
include items such as methods and securityoplay and storage of Marijuana
and cash, limitations on window and glass door signage, illumination standards,
revisions to landscapi�n,, and any other requirement designed to enhance the
safety and security of the Premises.
(c) Any instance of breaking and entering at a Medical Marijuana Retail Center,
regardless of whether Marijuana or Marijuana-based products are stolen, shall
constitute a violation of this Chapter if the security alarm fails to activate
simultaneous with the breaking and entering_
(11) Odor and air quality. A complete air filtration and odor elimination filter and
scrubber system shall be provided ensuring the use will not cause or result in
dissemination of dust, smoke, or odors beyond the confines of the building, or in the
case of a tenant in a multi-tenant building, beyond the confines of the occupied space.
A double door system shall be provided at all entrances to mitigate odor intrusion into
the air outside the Medical Marijuana Retail Center.
(12) Delivery Vehicle Identification. For security purposes, no vehicle used in the
operation of or for the business purposes of a Medical Marijuana Retail Center shall
be marked in such a manner as to permit identification with the Medical Marijuana
Retail Center.
(13) Signage. Notwithstanding other provisions of the Code, signage for a Medical
Marijuana Retail Center shall be limited as follows:
(a) Graphics, logos and symbols shall be prohibited;
(b) Neon shall be prohibited,
(c) Signs shall not be internally illuminated,
(d) signs may be externally illuminated consistent with the requirements of Section
XXX, only during hours of operation,
(e) A Medical Marijuana Retail Center shall post, at each entrance to the Medical
Marijuana Retail Center the following language:
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ONLY INDIVIDUALS WITH LEGALLY RECOGNIZED MARIJUANA OR
CANNABIS QUALIFYING PATIENT OR CAREGIVER IDENTIFICATION
CARDS OR A QUALIFYING PATIENT'S LEGAL GUARDIAN MAY
OBTAIN MARIJUANA FROM A MEDICAL MARIJUANA RETAIL
CENTER.
The required text shall be in letters one-half inch in height.
(14) On-site community relations contact. The Medical Marijuana Retail Center shall
provide the City Manager, and all property owners and tenants located within one
hundred (100) feet of the entrance to its Premises, with the name, phone number, and
e-mail or facsimile number of an on-site community relations staff person to whom
they can provide notice during business hours and after business hours to report
operating problems. The Medical Marijuana Retail Center shall make every good
faith effort to encourage neighbors to call this person to try to solve operating
problems, if any, before any calls or complaints are made to the Police Department or
other City officials.
(15) Employment restrictions. It shall be unlawful for any Medical Marijuana Retail
Center to employ person who:
(a) is not at least 21 ,years of age; and
(b) has not passed a level 2 background screening_
(16) Persons allowed to enter the Premises.
(a) Underage entry. It shall be unlawful for any Medical Marijuana Retail Center
to allow any person who is not at least 18 years of age on the Premises during
hours of operation, unless that person is authorized by State law to purchase
Medical Marijuana, whether as a qualified patient with a valid identification
card or primarcaregiver or legal guardian of a qualified patient with a valid
identification card.
(b) Entry by persons authorized by State law. It shall be unlawful for any Medical
Marijuana Retail Center to allow any person on the Premises during the hours of
operation if that person is not authorized by State law to be there. Authorized
persons, such as Owners, managers, Employees and qualified registered
patients, their legal guardians, qualified registered caregivers must wear an
Identification Tag, and authorized inspectors and authorized visitors must wear
a visitor identifying badge and be escorted and monitored at all times by a
person who wears his or her Identification Tag.
(17) Product visibility. No Marijuana or product of any kind may be visible from any
window or exterior glass door.
(18) Sole business. No business other than the dispensing of Medical Marijuana shall be
permitted to be conducted from the Premises.
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(19) Loitering.
(a) A Medical Marijuana Retail Centers shall provide adequate indoor seating for
its customers, clients,patients and business invitees.
(b) Customers, clients, patients or business invitees shall not be directed,
encouraged or allowed to stand, sit (including in a parked car for any period of
time longer than reasonably required for a person's passenger to conduct their
official business and depart), or gather or loiter outside of the building where
the Center is operating, includingin n any parking areas, sidewalks, rights-
of-way, or neighboring properties.
(c) Pedestrian queuing or loiteringat t any time, including prior to business hours,
outside of the Center's building is prohibited.
(20) Compliance with State regulations and licensure requirements. A Medical Marijuana
Retail Center must comply with all federal and state laws, licensing and regulatory
requirements.
(a) A Medical Marijuana Retail Center shall notify the City within five (5) business
days of receipt of any notice of violation or warning from the State or of any
changes to its State licensing_approvals.
(b) If a Medical Marijuana Retail Center receives a notice of violation or warning
from the State, it shall, no later than twenty (20) business days after receipt of
the notice, provide a copy of the corrective action plan and timeframes and
completion date to address the identified issues to the City.
(21) Prohibited activities. A Medical Marijuana Retail Center shall not engage in any
activity other than those activities specifically defined herein as an authorized part of
the use. The preparation, wholesale storage, cultivation, or processing of anv form of
Marijuana or Marijuana product, and on-site consumption of M Marijuana or
Marijuana product is specifically_prohibited at a Medical Marijuana Retail Center.
On-site storage_of any form of Marijuana or Marijuana product is prohibited, except
to the extent reasonably necessary for the conduct of the on-site retail business.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 6. This Ordinance shall be codified in accordance with the foregoing. It is the
intention of the City Commission that the provisions of this Ordinance shall become and be
made a part of the City of Dania Beach Code of Ordinances; and that the sections of this
15 ORDINANCE#2014-015
Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to
"section", "article" or such other appropriate word or phrase in order to accomplish such
intentions.
Section 7. This Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on October 14, 2014.
PASSED AND ADOPTED on second reading on October 2 014.
ATTEST:
LOUISE STILSON, CMC LTER B. DUKE, III
CITY CLERK YOR
APPROVED AS TO RM ND CORRECTNESS:
THOMAS J. AN RO
CITY ATTORN Y
16 ORDINANCE#2014-015