HomeMy WebLinkAboutO-2017-024 Repealing Medical Marijuana Business Regulations Chapter 19 ORDINANCE NO. 2017-024
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES OF
THE CITY OF DANIA BEACH, BY DELETING CHAPTER 19,
"MARIJUANA BUSINESSES," IN ITS ENTIRETY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, 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, 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 for consistency with State Law and to
implement municipal goals and objectives; and
WHEREAS, Marijuana (Cannabis) is a Schedule I drug under the federal Controlled
Substances Act, 21 U.S.C. §811; and
WHEREAS, according to the Controlled Substances Act, Marijuana has a high potential
for abuse and has no currently accepted medical use for treatment in the United States; and
WHEREAS, notwithstanding federal law, 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, on October 28, 2014, the City adopted Ordinance No. 2014-015 and
Ordinance No. 2014-016 creating zoning and business regulations for Medical Marijuana Retail
Centers within the City; and
WHEREAS, in November 2016 the Florida voters approved a ballot initiative amending
the Florida Constitution to allow for broader sale and use of marijuana for medical purposes
within the State of Florida; and
WHEREAS, to implement the Constitutional provisions for medical marijuana the state
legislature adopted Senate Bill 8A during its 2017 Special Session which provides a framework
for local government regulation of medical marijuana dispensaries, allowing a local government
to either ban medical marijuana dispensaries or to regulate them similar to pharmacies; and
WHEREAS, Senate Bill 8A was signed by the Governor on June 23, 2017; and
WHEREAS, on October 28, 2014, the City Commission adopted Ordinance No. 2014-
015 which created Chapter 19, "Marijuana Businesses" to provide appropriate business
regulations to ensure that any business involved with marijuana was compatible with
surrounding businesses, as well as the safety of the employees, neighbors, customers and area
residents, and consistent with the Comprehensive Plan; and
WHEREAS, to date, no medical marijuana businesses have located, or applied to locate,
within the City; and
WHEREAS, Senate Bill 8A revises state law in such a manner as to prohibit the
application of regulatory requirements which are not also applicable to pharmacies, to medical
marijuana dispensaries; and
WHEREAS, Chapter 19 is not applicable to pharmacies and is in conflict with the
legislation approved in Senate Bill 8A; and
WHEREAS, the City Commission desires to amend its Code of Ordinances to be
consistent with the newly adopted state law; and
WHEREAS, City staff recommends approval of the proposed changes; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers is necessary for compliance with state law and in the best interests 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 foregoing "Whereas" clauses are ratified and incorporated as the
legislative intent of this Ordinance.
Section 2. That Chapter 19, entitled "Marijuana Businesses" of the City's Code of
Ordinances is deleted in its entirety as follows:
Chapter 19—RESERVED. N 4 A RIjU A NT A BUSINESSES
ESSES
71+
ce 19 i r;no ,,;+;ORS
1
1 Additions to the text are shown in underline. Deletions to the text are shown in StFikethFeugh.
2 ORDINANCE#2017-024
phrases, >
,�ppfieant An indivi"a4 or- business entity desir-ing to operate a mediea4 mar-�uana retail
eepAer-within the eity limits.
retail eenter-eon"ets its business with the pubk—.
shall have the in i g
whether- that per-sen is an employee of a ee 1 fegar-diess of w-hethef that pefso.n.
mediea4 tail een4ef as evidenee that they have passed the baekgfound eheeks
> in any feffn,
that is au4befized by stat
to be dispensed or sold in the State of Fiefida. Also fefeffed to as "fnediea4 maf�ua
business to sell „, in the e t<, Also ref,-fe to as"p ,init n
of Health as a " " "
"dispensi . [ion," "dispensing efga-mization f4eility" or- similaf use, that sells
wholesale star-age, > tfansfef, eultivation,
of pr-eeessing of any fo� of mar-�uana of
11
Health to aequife, > pessess,
pfe"ets sueh as food, > ,
> >
of
efganization" o the f similar to.•.,., r-eeegnized by state law.
Owner. Any pefson, ineluding afty individual of othef legal entity, m4th a difeet of indifee
leek
3 ORDINANCE#2017-024
treatmefA a v,ter e similar-,ise s defined in Florida S4at„tea
Sea 10 2. Me.lieal m rmit and i,le.,tifieatie„ tan r rea
(1) it shall be tmiawf:ul for- afi-y b i . -r-sen to operate a medieal fnar-�ua-na retail eetAer-,
r to otherwise offer- for- sale or- in any way partieipate in the_eend et of any u
aetivitieso ,
pvretail eenter- opens for- business ia
the pr-efnises within the eity vvithotA first obtaining a medioal emit.
pufstmat to this ehapter- and required to obtain an idef4ifieation tag before the fnediea4
7
e vAer after,t, YI' having before a involvement i e fAer's aet,intier-.
1 f ga4ion and 7
Applieations for- a mediea4 fn ij nit shall be made by the applieafA in per-son to th-e
aff;rme.l Every a pl,aat,er. shall a ,,ta„-, at least the f llow.i1. An individual, his or- her- lega4 ,.t•
name,(a) The business oper-a4ing name and all applieapA and ovffier- information. if the applieaB
aliases, home address and business ,
,sate of birth eopy of dfiyer's liee„se a a state or federally issued iae„4;fieatie„
bttirtt
2 A r.art„erahir the full a,-..a a r.lete hame of the r.aft„ers d 4es of birth of
driver's
aliases used by all of the > limited,
st4ement as to whether- or- not the paftner-ship is authorized to do business in
State of Florida > if in existenee,
geiier-a4 paFtner- is a ear-per-ation, then the applie-afA sha4l ed
art„e r,whi \mffnber-s of all offieefs, and evidenee tha4 the eofpor-ation is in good standing, the legal names and dates of
bifth, driver's lieense fm+rber-s er- state or federally issued iden4ifieation eard
the eapaeity of a
> and all a4iases used,
offiieer-s, and dir-eetois,-and, if applieable, the name of the registered ee po^-ate
agent, and the address of the registered effiee—€or sefviee f r „a
State of Florida;.
4. The addressesrequired by this seetien shallal loea4ions and of post
the name and an address f�ai ) if any, ether- than the pl i eant. The-
addresses r rea by this seetie„ shall be physieal leeations and not post eff;ae
boxes.
4 ORDINANCE#2017-024
(b) A eomplete eopy of the business' applieation to the State of Florida and a4l related
(e) A statement as to whether- the applieant or- any oyffier- or- employee has pr-evieu4y
(d) A statement as to whether- the applieant or- any owner- holds other- peffflits or- lieenses
tmder-this Code and, if so, the names and loeations of sueh other- pennitted or lieense
establishment-,.
(e) A statement as to whether-the applieant or- any owner-has been a pai4ner-in a paftner-ship
or-an offieer- or- dir-eeter- of a eor-pofation whose pefmit or-license issued under-this G
has pr-eviously been suspended or- revoked, imeluding the name and loeation of
establishment for- w-hieh the pefmit or- lieense was suspended or- revoked, as well as the
(f) A statement as to whether- or- not the applieant or- any owner- has lost any pr-ivilege o
had any peanit or- lieense to do business revoked by any loea4, state or- fed
govemment and, if > >
pefmit or- lieense and the reason
sueh„ t
(g) A statement as to whether- or- not the applieant of any oyffier- has lost a" privilege o
had any pet:mit or- lieense to do bl—i . ended by any leeal, state or- fede
ei,
(h) A statement as to whether- or- not the appli-eant or- my ev,%er- or- employee has bee
found guilt or- pleaded r,,,,;t+,. t £-Mender-lit9-c`i felony r-etching to any
business in this state or- in any other- state or federal eoui4, regardless of whether
judgment of eonvietion has been enter-ed by the eoui4 having jufisdietion of sueh eases.
(i) A statement as to whether or- net the-ate leyee has beefound guilty of, or- have pleaded guilt), or- nolo eontendefe to, a felony relating
battefy or- a physieal violenee on , . .a this state or- in a" other- state or fe
eotu4, regardless of whether- a judgment of eenvietion has been entered by the eol
having jtifisdietien of sueh eases.
A statement as to whether- or- not the applieafA or- any oNN%ef has filed a petition to hav
eases.
(1) A passpoft photograph of the ap-pheant, every owner-, and eaeh employee.
(m) A notarized, signed, and swom statement that the infoFmation NN4thia the applieation i
eopies of the originals.
5 ORDINANCE#2017-024
sha l be notified of sueb, f^t• and the „lie do shall be , eni l
together with anmy r-eeen*aendations ffiid other- relevaR4 infefma4ion from the fil
(b) GWy mianager determination. Upon r-eeeipt of sueh material from the ehief of peliee, the
eit.>manager- sha l within thifty i30 days either-it
Notify the applieant that the pefmit has been denied and the reason for such ;
ef
(e) Pwation. Pemits sha4l be issued for- a one year-period for- a tefm eeffffneneing Oetobe
1. The applieable pefmit or-lieensing fees have not been paid in ,
Code, any building>
fire of zoning eede, statute, ordin Lnee, o v „hate.,;
, eeisio was emitted; failure o s a individual ,- t b lit .,,hoseil t lit o eese � n
listing would result in a denial, is presumed to be mater-ia4 false infoFmation fg
pufpeses of denial of the > the eeftifieation that the applieant evms,
possesses, eper-ates and exer-eises eepAr-ol over- the proposed or- existing medieal
retail eenter is a mater-W representation for-pufpeses of this seetien;
4. The apPl. t � t l def this r has had
Uzi r'r^ca"rrrA mix eririr�vniceii�c-an cr�ari�Ze , "
Peimitorrreense e£-this Code, whieh has been stispeade dvr revoke
pe
6 ORDINANCE 42017-024
6. The
or any oA%er-has been eonvieted of fraud or felony by
applieatA, an employee,
any stateor- f de-a , tfft within the past five (5) 5,ear-s ,- loss than five (5) yea
has elapsed sinee the date of release fr-ofn eonfinemen4 imposed for- the eofWietionj
whiehever-is ter-skate,if the cenviEtien is of azelony offense; ^a
7. The capAr-a, �r"remployee, or- any &%mer- has obtained any govemmef4al pe
by fiaud or deeeit.
> the ehief of polieeshall,
upon ver-ifieatie
fee of eae1, ide ti fte,tio t., there sha l be plaeed the folio 1. A photograph of the n•
,
7 The r ,.m t ,V.b,o,.-
• o P
�
3. The pe name ,
4. The d address f the mediealretail eentef that—tl3e
v o
5. The ex-pir-ation date of the pem+it-.
within ., periodof one (1) year- f«..m the date of denial l of plie.,tio f
the appliea4ion shall not be aeeepted for-eensidefation.
)f this ehapter. Before the Oetober- 1 expiration date, the anffua4 medi
H Fnit may be renewed by presenting the pefmit fof the pr-evietis year-, and:
• Paying the appropriate pefmit ,
infofmation supplied v otmehanged; a
3. Providing proof- of eentintied eemplianee with a4l state and eity ,
(h) Permit t,l,,sft, . flit„
not be tfansfefFed.
violation of this seetion is hereby deelar-ed void, and in that evepA the medie-1
pefmit shall be deemed abandoned, and the medica4 mafij*tmna pefin;l:
s-h--A I f Ibe F rf;to.1
(i) Pe�a�en ef regulations. in the event of a Code violation, viola4ion of the eondifiens of
the fnediea4 0 or- speeial v oappr-ova4, or- other- violation of -
laws applieable to the medieal mar-�uana retail eenter-, the eity shall issue a w
7 ORDINANCE#2017-024
notiee and the applieapA shall, ne iater-than twepAy (20)business days a-fter-r-eeeipt of the
t .,.7dfess the iden4ified issues t the ,,;tom,
ehapter-have been satisfied and a new medieal wmit has been issued by
eery,
revoked if any one or more of the following oeeufs:
1 The appli � 1 ,1 �+;o t tl,o .T
�n YY` E'ct� itY��ucn crvrrcv cn�. city;
2. Anyone on the pr-efnises knowingly dispenses, delivers, or- othem4se tfansfer-s any
IRIAT VA
3. The .,pplie.,,,townef ivieted of., felony offense;
4. Any ., rlieai+ manager- or- v,leyee is eenvieted of any ,1Fug Boaer-ime
S. The applieant fails I I City Code vielatien or- to other-wise pfevide an.
aetion plan to r-emedy the violation weeptable to the-eity manageif `A4—1 irtwenty
(20) days of eitation;
v.
The applieapA fails to eofreet any state law violation or- addres 19-M
aeee ee �Aith any eef r-eetive aetien p4an zegtrfed-by the st-Ate within th
tifne f•.mes a-ad . ,.lotio date the ., plie.,,,t provided to the e t.,•
8--ypeeia4 exeeptien appr-eval gated by the—eity or- the use of a ri.ed
provided in this ehapter-, the eity shall notify the pefmit4ee of the intent to r-eveke t
this ehaptef. if the pefmittee fails te show eemplianee i4ith this ehapteT within ten (4-0)
business days, the eity shall schedule a hearing before the speeial magistfate. if the
shall notify the pennit4ee ef the r-eveeafion. nothing in this seetion sha4l take away o
of
obtain another mediea " permit for- a-pefiedeftwo (2) years, and no
8 ORDINANCE#2017-024
mediea4 remit shall be issued dtifing thetifne period t another
ttvr was s;t,,.,to,l
2. The r-evoeation shall take effeet fifteen (15) days, ineluding Satwdays, Sundays-,
and holidays, after the date the eity mails the notiee of r-eveeation to the pefmit4ee
or- on the date the pennit4ee suffender-s his or- her mediea4 fnaf�ttana peanit to the
^;t., ,.l„^> ever-" s first
See 19 4. General requirements.
(1) Conform to all applieable building and
whethe
> > 7 regulations,
federal, state, or loe l;
7 7 7
and regulations, W-hethef
fedeYiM,st.+te, ory�loea4;
federal, state, r lee l•
(4) Gonfofm to a4l applieable zoning r-egulatiefts and land use laws, whether- state or loeal,
ineluding btA not limited to the City Land DevelopmepA Godem;
upon ost .,t atl times by the r,4lt'
See
. 19 c T edie., .�, operation r.nit r do r 0 0 0t r -
D " .
Any business oper-ating tinder- a fnedieal maf�tiana permit sha4l eemply AN4th the fell g
oper-ationa4 guidelines.
(1) H-eums eperation.
io
a. Operation; pefmitted only between the 1,"„rs f r4•00 ., and c•nn r Monday
thr-ough Q.,t„raa<,l
L. No o r.,t:o,, : pefmitted o Sundays er state or fedefal L.,,1:days
sale,mar�uana to be smoked, ingested or- other-wise eonstffned on the pfefnises—. T-be- ffi-e-die-Al.
retail eenter- shall take a4l neeessar-y and inmnediate steps to ens
>
eonsumption of any —Alp-oholie bever-ages on the premises z'ir^c-iudiiig"'-z'z"r-ili'i�c
sidffounding rights of way. The medieal marijuana retail eefAer- shall take a4l neeessar-
and inunediate steps to eastife eemplianee with this paragraph. No per-son s
eonstffne an aleeholie beverage an the premises, ineluding the suffotmding rights of
way,
displays,(4) Owdeer aetivity-. There shall be no outdoor- sa4es, >
any kind pefmitted on the py-emises, ineluding the suffounding rights of way.
9 ORDINANCE#2017-024
ee taro, g the meEliea4 ta l .enter,
(5) On site storage. There shall be no on site storage of any fofm of mar-ij Utian
„ter's o site 1.,,si ess
et.,;1 fAe
premises,at least t-wiee eaeh day of operation an the ffofn the premises,
the area in ftepA
of the > > and, if neeessary,
from pi
sidewa4ks or- rights of way within one I+undr-ed (100) feet of the outer- edge of
premises used by its .,tr
destroyed o site .,t least onee every twenty fn„r/MA\ b.oufs
(9) Delivery. All deliveries to the medieal !tail eepAer- sha4l be made dtu4ng
re.-.,,lnr operating b,o.,r>. while .. site see ,-;ty personnel are present.
.p, With the applieation, the applieatA shall submit a seeufity plan demonstfating
66"rrxplianee-m4 —381.996,nir'lci--c all athe-applieablescutut£sand Sta
admiaistrfftiVe r le
s.
a. in addition to proving eomplianee with A state requir-ements, the seewity plan.
shall, .,t pr-oN>;de the felle.A4n ;
1 Fully oper-atieftal lighting and a4afms reasonably designed to efisufe the safiaty
of v.o,->.ens and to pr-oteet the premises fr theft, both i the pr-efflises and ;the s „d;„,.rights f way, ,.1„din -
a. A site„+ seetifily .,1.,,-.r, that notifies the lice depa ftmentor- private
seeufity ageney that a efime is taking plaee;
b. A vault, dfop safe of eash managemepA deviee giat provides mini
whieh stall be eperatiena4 .,t all times d„r;,,g and a#er business b,oufs The
seeufityeamer-as sha l be 1.,.,.,ted-
(i) At eve' i—b.— -nd egress to the dispensary, ineluding deers and
�vd'1'titit
(:i) On tie into ior- iiEr-O-any monetafytfaosaetion shall oCetff;-an
G�tn @SS and egr2Ssto any area where ,,,edie,1 mar-�tiana is
stored;
. fnanagemefAeei:Ar-o4s,-,
3. Cash and inventory eonlr-ols for all stages of operation en the premises, anA.
d„r;,,,'transitions and delivery.
10 ORDINANCE#2017-024
4. On site afmed se ,.:tom,personnel .1,,fing business b,oufs
b. The ehief of poliee shall review the applieant's oper-ationa4 and seetffit-Y plan using
for-
tLp, LPL safety a-ad general welfare of appliearA, o er-(s), e Wloyees,
as methods and seetivity of display and storage of mar-�uana and eash, limitations
^u
on „do ,•^1-- lass door---�sigflug i standards,
illumination stanrds,reyisionsto
��"
of the
,
regardless of teethe, based pr-oduets--are stolen, sha4l-
eonstitute a violation of this ehapter- if the see y alarm fails to -activate
smoke,simultaneous with the breaking and enter-ing7
system shall be provided eastffing the use will not eause or- result in disseminatien-of
of odefs beyond the eenfines of the building,
or-in the ease of a teflant in a
multi tenant building, beyond the eonfines of the oeetipied spaee. A double door- systeem
shall be provided at all entranees to mitigate oder- intfusion itAo the air- outside
of or- for- the business pur-poses of a medieal fnar-�ttana retail eenler- shall be mar-ked-in
(13)Signage. Not-withstanding other-pr-ovisions ef the Code, signage for-a medieal fnar-�tian
retail eefAer- shall be limited as fellovi&L
a. !`_,..,.,hies logos .,n.7 symbols sha l be prohibited-;
v. Neon shall be prohibited-,
illuminated;
ONLY NDIVIDT�INDIVIDUALS S WITH LEGALLY!`A T T V M C!1!`_NIZE l MARIjUANA 0
CANNABIS QUALIFYING PATIENT TIEN CAREGIVER DT1!'!IVE MENTTTFIG A TIO
GADDS OR A QUALIFYING PATIENT'S T1~rAT !_TTADDIANTMAY OBTAIN
AdADTTTTANTA FROM A MEDICAL N4ADTTTTANTA RETAIL GENT�D
The r-e"ir-ed text shall l be i lotto, one half f ineb, i height
premises,(14)On site eemmuHity relations eentaet, The medieal mar-�tiana retail eei#ef shall provide
feet of the entmnee to its NN4th the name, >
and e mail OT
11 ORDINANCE#2017-024
faesimile numbef of an on site eemmunity felations staff pefson to whom they e
problems. The medical fnar-�ttana fc4ail eepAef shall make evefy good fiiith e&ft to
eneoufage neighbors to eall this per-son to tff to solve oper-afing pr-oblems, if anj,, befo�
any ,lls o eemplaiftts are made to the poliee aepat.tme t o the-..;tom, ffiei 1s
employ(15)EImpl6yment restrietions. 14 shall be unlawful for- any medieal fnar-�ttana retail eenter-te
any pefsen ,.1,o
a. is not at least t<:,e t y one (21) years of age,-and
,
(16)Persons ag-eive,4 to enter the premises.
a. &Wderage en",. it shall be unlawful for- any medieal mar-ijuana retail eenter- te
allow any per-son who is not a4 least eighAeen (18) years of age on the pr-efRises
during hows ef operation, unless that per-son is authorized by state law to pweh
ar-egiver- or- legal guar-dian of a qualified patient with a valid idenfification
b. En", by per-sens authorized hy state low. it shall be unlawful for- afty me
i retail eenter- to allew any person on the premises dufing the houfs of
operation if that per-son is not authorized by state law to be there. 11 F iZ 6_-C�r
per-sons> > > ,
their- legal guafdians, Va4ified Fegister-ed e -. ist wear- an identification
and orii peeter-s and-atAhor-izevisitors wear y i ter
wear-s his or-her-identifieetion tag.
(17)Preduet visibilh)�. No mar-�tiana or- pr-oduet of any kind may be visible 4em
window or-exterior-glass door,
(18)Sele business. No business other- gian the dispensing of medieal fnaf�uana shall b-e
,m ttv,1 to be ,,,1,,..to,1 fFom the�.
a. A medical fnar-�uana retail eenter-s shall pFevide adequate indoor- seating fe
n„nt. mer-c. nl;o„ts patients and business ,;teen
b. > >
time,or-allowed to stand, sit (ineluding in a parked ear-for-any period of fifne longer-tha
reasonably r-eqtiif-ed for- a per-sea's passenger- to eenduet their- offieial business and
depart), or- gather- or- loiter- otAside of the building where the eenter- is opefating,-
ineluding in any par-king areas, sidewalks, rights of way, or-neighboring pf-apet4ies-.
,
outside of t building is prohibited.
1 ,1 l ,1 1ter-
3`e-tE� —Eei3tcr ni�t ��1- ed -sty =S, r-iccnsiiTcgurcc�rn-�
1=equifements,
12 ORDINANCE#2017-024
a. A medioal fnaf�ttana retail eenter shall notify the eity wi�in five (5) business days
ofr-eeeipt of any 3ofiee of violati from the state o of any ,.h.,nges +
its state liee sing afTr-evals.
the state, it >address the ideRlified issues to the eity.
(2 1)Prohibited aetivities. A fnediea4 tail eei4er- shall not engage in any a fivity
other- than these aefivities speeifiea4ly defiiied her-ein as an auther-ized part of the use.
speeifieally prohibited at a fnedieal tail eefAen On site storage of any
Section 3. 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 4. That all ordinances or part of ordinances or all resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on July 25, 2017.
PASSED AND ADOPTED on second reading on August 22, 2017.
ATTEST:
�pRp'S FIRST
�ax� �UA
LOUISE STILSON, CMC , 1 TAMARA J S /
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRE SS:
---01AAP
THO S J. N RO
CITY ATTORNEY
13 ORDINANCE 92017-024