HomeMy WebLinkAboutOrdinance 2017-491ORDINANCE NO. 2017 - q q I
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA,
ESTABLISHING A MORATORIUM ON THE SUBMITTAL,
PROCESSING, AND ISSUANCE OF LOCAL BUSINESS
TAX RECEIPTS AND/OR LAND USE APPROVALS FOR
MEDICAL MARIJUANA DISPENSING ORGANIZATIONS
AND TREATMENT CENTERS, AS DEFINED HEREIN,
FOR A PERIOD OF ONE HUNDRED EIGHTY (180) DAYS
FROM THE DATE OF ADOPTION OF THIS ORDINANCE;
PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND
PURPOSE; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter
166, Florida Statutes, the City of Sunny Isles Beach is authorized and required to protect the
public health, safety, and welfare of its residents and has the power and authority to enact
regulations for valid governmental purpose that are not inconsistent with general or special law; and
WHEREAS, enacting legislation for the public health, safety, and welfare is a legitimate
public purpose recognized by Florida courts; and
WHEREAS, an amendment to the Florida Constitution titled "Use of Marijuana for
Debilitating Medical Conditions" has been adopted; and
WHEREAS, the amendment may provide for Medical Marijuana Treatment Centers that
would acquire, cultivate, possess, process as food or other products, transfer, transport, sell,
distribute, dispense, or otherwise administer marijuana or products containing marijuana; and
WHEREAS, the Florida Legislature has also enacted the "Compassionate Medical
Cannabis Act of 2014," that authorizes a small number of nurseries to act as a "dispensing
organization" that is allowed to cultivate and dispense a low -THC cannabis product; and
WHEREAS, the City of Sunny Isles Beach does not currently have zoning or other
restrictions in place for Medical Marijuana Dispensing Organizations and Medical Marijuana
Treatment Centers due to the complete prohibition of marijuana until recently; and
WHEREAS, Florida courts have noted that a moratorium is "an important land -use
planning tool as a means of preserving the status quo"; and
WHEREAS, the City Commission of the City of Sunny Isles Beach desires to maintain
the status quo while City staff conducts analysis and studies to determine the effects of Medical
1
Marijuana Dispensing Organizations and Medical Marijuana Treatment Centers as they relate to
crime, demand on city services, surrounding property values, traffic, congestion, and on other
aspects of the health, safety, and welfare; and
WHEREAS, the imposition of a one hundred eighty (180) day moratorium will maintain
the status quo; and
WHEREAS, the purpose of the moratorium is to allow City staff time to thoroughly
research and analyze impacts to the City, its residents, and its visitors and to develop land use
regulations for Medical Marijuana Dispensing Organizations and Medical Marijuana Treatment
Centers; and
WHEREAS, based on the above, the City Commission deems it necessary and in the best
interests of the health, safety, and welfare of the residents and visitors of the City of Sunny Isles
Beach to impose a temporary moratorium on the issuance of business tax receipts and land use
approvals for a period of one hundred and eighty (180) days from the date of adoption of this
ordinance on any applications for any Medical Marijuana Dispensing Organization and Medical
Marijuana Treatment Center.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Ordinance. These
clauses represent the legislative findings of the City Commission. It is the purpose and intent of this
Ordinance to promote the health, safety, and welfare of the residents and visitors of the City of Sunny
Isles Beach.
Section 2. Definition. For purposes of this Ordinance a "Medical Marijuana Dispensing
Organization" and "Medical Marijuana Treatment Center" shall be defined as a business and/or a
location or place permitted by State law to acquire, cultivate, possess, process, transfer, transport,
sell, distribute, dispense, prescribe or otherwise administer legal marijuana/cannabis.
Section 3. Temporary Moratorium The City Commission hereby imposes a temporary
moratorium on the submittal of applications, processing of applications, and the issuance of any
business tax receipt and/or approval for land use in the City of Sunny Isles Beach for any Medical
Marijuana Dispensing Organization and any Medical Marijuana Treatment Center. Said temporary
moratorium shall be for a period of one hundred eighty (180) days in order to allow City staff time
to thoroughly review, consider, modify, process, and research for adoption and implementation
business and land use regulations pertaining to a Medical Marijuana Dispensing Organization and
Medical Marijuana Treatment Center.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinance may be renumbered or re -lettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
Page 2 of 4
appropriate word, as required.
Section 5. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clause, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 6. Repealer. All ordinances or part of ordinances in conflict herewith be and the same
are hereby repealed
Section 7. Effective Date. This Ordinance shall become effective upon adoption on second
reading.
PASSED and ADOPTED on first reading the 15 Lk day of bww6w2016.
PASSED and ADOPTED on second reading the
AT
Jane A. Hines, MML, City Clerk
APPROVED AS TO FORM
A-01MAL SUFFICIENCY:
City Attorney
Moved by:
Seconded by
Vote: 4-o -1
Mayor Scholl
Vice Mayor Gatto
Commissioner Aelion, A p66en-�—
Commissioner Goldman
Commissioner Svechin
Page 3 of 4
2017.
GeorgeAud" Scholl, Mayor
1e2. 0 �O%Y�Q,Ih
V Yes)
(No)
1�—(Yes)
(No)
(Yes)
(No)
(Yes) (No)
(Yes) (No)
Marijuana moratoriums OK —but not for
long I Editorial
A clerk handles the merchandise at a Southern California medical marijuana dispensary. (Los Angeles Times)
By Sura Sentinel Editorial Board
SHARE THIS Local lawmakers need to work with state officials to create a medical marijuana
system in Florida that works f
NOVEMBER 29, 2016, 6:04 PM
ith 71 percent of Floridians having voted to legalize medical marijuana, it might seem
surprising to see so many South Florida communities impose moratoriums. on
dispensaries.
So far. Boca Raton, Delray Beach and the village of Golf have imposed .year-long timeouts. Also, six-
montn freezes have been imposed in Coral Springs, Deerfield Beach, Pompano Beach and Hallandale
Beach, although Hallandale's will expire in January.
http://www.sun-sentinel.com/opinion/editorials/fl-editorial-medical-marijuana-20161129-story.html 11/30/2016
1VIdFkJUUUQ IIIUTALUII UI I IS UA — UUL IIUL IVI IUIIr� I uUI LUI IaI - .gun o -Li -i
"If we start going city by city, county by county, and one county is a little bit more lenient in
regulation, it could find itself the pot capital of Florida," he said. "We'd be much better served with
uniform regulations that come down from the legislature using the same criteria, enforcement and
implementation."
A Coral Springs memo said the moratorium will allow staff to "study the impact on crime, demand on
city services, surrounding property values, traffic, congestion, and other aspects of the general public
health, safety and welfare."
While crime is a concern anywhere, comparisons to pill mills appear unwarranted. Those clinics
allowed shady doctors to prescribe deadly controlled substances for cash and drew out-of-state drug
addicts to South Florida.
By contrast, everyone expects the medical marijuana industry to be tightly regulated. The
amendment limits its use to patients with a list of debilitating conditions, including cancer, HN,
multiple sclerosis, post-traumatic stress syndrome and other related diseases.
Besides, over half the country has legalized medical marijuana, and there's no indication that local
dispensaries have created an increase in crime. Few would question pharmacies in their cities.
With more questions than answers right now, it makes sense for cities to pass temporary
moratoriums. But once the state draws the roadmap for medical marijuana, local leaders should
remember that a vast majority of Floridians have said they support access to those it can help.
Copyright C-) 2016, Sun Sentinel
This article is related to: Boca Raton, Delray Beach
http://www.sun-sentinel.com/opinion/editorials/fl-editorial-medical-marijuana-20161129-story.html 11/30/2016
Marihuana moratoriums Vtt — nut not for long I Lonoriai - gun -3entinei
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Given the unknowns, the moratoriums are understandable. For while voters agreed to give residents
with certain medical ailments a constitutional right to medical pot, the Legislature has yet to write the
implementing language that clarifies how the process will work, exactly.
After all, no one wants a dispensary next door to a school or church, or congregated in a single
neighborhood, changing its character. We've also yet to learn whether legislators will outlaw
packaging that looks like candy or overwrite another law that prohibits anyone from smoking
marijuana, medical or otherwise.
Coral Springs Vice Mayor Dan Daley, who supported the ballot effort, said city leaders "are taking a
lot of flak" about their moratorium. "People are asking, 'Why didn't you prepareT That's not the
issue. We're waiting to see what the state does."
Absent a moratorium, cities fear businesses will apply for conditional use permits when the
amendment takes effect on Jan. 3, but before the state's regulatory framework is established. From
there, the courts could get involved.
So it makes sense to call a timeout and track one of the hottest topics facing lawmakers next spring:
how to regulate the medical marijuana industry.
Let's hope they do a better job than the scheme they created after passing a 2014 law that allows
doctors to prescribe a non -euphoric version of cannabis — a process that ended with only six large
companies being allowed to grow and distribute medical marijuana in Florida.
State Sen. Jeff Brandes, R -St. Petersburg, who filed a medical marijuana bill last year, favors a system
that lets anyone apply for a medical marijuana business license and lets dispensers operate separately
from growers, opening up opportunities for small, minority-owned companies.
Brandes also wants cities to have some say on where dispensaries may be located. "We really do want
to have local control," he said. "My constituents want that."
Local control could allow some communities to ban dispensaries altogether, but Brandes envisions
someone creating a regulated delivery service that helps patients too sick to travel.
Boca Raton vice mayor Robert Weinroth said that while he believes in local control, this is a situation
where "the Legislature should preempt and have a statewide policy on how we're going to handle
this."
http://www.sun-sentinel.com/opinion/editorials/fl-editorial-medical-marijuana-20161129-story.htmi 11/30/2016
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
OCTELMA V. FERBEYRE, who on oath says that he or she is
the VICE PRESIDENT, Legal Notices of the Miami Daily
Business Review f/k/a Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SUNNY ISLES BEACH - DEC. 15, 2016
in the XXXX Court,
was published in said newspaper in the issues of
12/06/2016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami -Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami -Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund for th purpose ing this advertisement for
publication in th ai aper.
Sworn to and subscribed before me this
6 day of DECEMBER, A.D. 2016
INTENT ANDPURPO.SE; PROVIDING FOR CONFLICT, PROVIDING
FOR SEVERABILITY; PROVIDING F,OR AN:EFFECTIVE DATE::
!inquiries' regarding thl's item maybe"directed to the CIty:Clerk.at 305.792-1703.
IA copy of, this:+document is available: for. public, inspection tluring; normal
,business hours.in _City"Hall.. _ ,
Jane A Hines, MMC; CityClerk..
'All persons.are'invited to appear, at this meeting�ori.be,reoresented by:an
egent,!onito.express their,views in writing addressed,to toe i City-, Commission
OCTELMA V. FERBEYRE personally known to me �N\®�, �E• V�•'�,/,/�y hireg
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SONNY tS4 1P City of Sunny Isles Beach
18070 Collins Avenue, Suite 250
U '' = Sunny Isles Beach, Florida 33160
* ' (305) 947-0606 City Hall
(305) 949-31 13 Fax
tiF 99' * FL °?M 5`P (305) 947-2150 Building Department
C/T y O F S U N PNO
305 947-5107 Fax
MEMORANDUM
TO: The Honorable City Commission
FROM: Hans Ottinot, City Attome
DATE: December 15, 2016
City Commission
George `Bud" Scholl, Mayor
Jeanette Gatto, Vice Mayor
Isaac Aelion, Commissioner
Dana Goldman, Commissioner
Larisa Svechin, Commissioner
Christopher J. Russo City Manager
Hans Ottinot, City Attorney
Jane A. Hines, MMC, City Clerk
RE: Ordinance to Establish a Moratorium on the Submittal, Processing, and
Issuance of Local Business Tax Receipts and/or Land Use Approvals for Medical
Marijuana Dispensing Organizations and Treatment Centers for a Period of
One Hundred Eighty (180) Days
RECOMMENDATION:
This Ordinance is recommended for approval.
REASONS:
Since the constitutional amendment to legalize medical marijuana was adopted on November 8,
2016, numerous local governments in South Florida have imposed moratoriums in order to adopt
regulations to regulate marijuana dispensing facilities. These moratoriums are designed to
provide local governments with the opportunity to study the impact of marijuana facilities on
local communities, and to determine whether such facilities may have a negative impact on the
quality of life in local communities.
By adopting the proposed moratorium Ordinance, the City Commission will provide staff with
the opportunity to study the impact that such facilities may have on crime, demand for services,
and property values. A moratorium on the issuance of business licenses and land use approvals
for Medical Marijuana Treatment Centers and Medical Marijuana Dispensing Organizations is
necessary at this time to maintain the status quo while providing staff with the opportunity to
develop appropriate legislation to regulate such facilities.
ATTACHMENTS:
Description
Ordinance
Backup Material
Notice of Public Hearing
Item Number: 7.A.
19