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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 ra5c4UiJ 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 305 d • •vp AER�FYjO ;•• /�S :44 co ?o��r GG DV1713 Q bonded `\� (0 �; Fel 4nsua� ° �O\`ZI oj�`�f6pfal1ic iii\\N Sing heard and under Jed. 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G pzpW� vU ro�oUo 0 >4 c 0.WOa�Uw U Ow �.� �mv� a ^� M p Gw�] U z U^: iO =zo J .0 ,, 0 a O N O C •C o O ad wy x c 7F4 AOWf�� cs..oabOr-- �M cvio'0 o �M rA H aFpw , p `" a3i rte. F W 0ASD F t-� -et Fa �p'a ��' p cd,�,C7, zaaN •o ���b>o j 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