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HomeMy WebLinkAboutDocumentation_Workshop_Tab 05_01/30/2017 � ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING; SECTION 78-4, DEFINITIONS. TO CREATE NEW DEFINITIONS FOR THE TERMS "MARIJUANA," "MEDICAL MARIJUANA RETAIL CENTER," "MEDICAL MARIJUANA RETAIL/TREATMENT CENTER PREMISES," AND "MEDICAL MARIJUANA TREATMENT CENTER"; AND TO REVISE THE DEFINITION FOR "RETAIL SALES AND SERVICE" TO EXCLUDE MEDICAL MARIJUANA RETAIL CENTERS AND MEDICAL MARIJUANA TREATMENT CENTERS THEREFROM; AND SECTION 78-178, C-3 GENERAL COMMERCIAL DISTRICT, SUBSECTION (D) SPECIAL EXCEPTION USES, TO CREATE AN ENTIRELY A NEW NUMBER (12) PROVIDING REGULATIONS FOR THE LOCATION AND USE OF MEDICAL MARIJUANA RETAIL CENTERS AND MEDICAL MARIJUANA TREATMENT CENTERS IN THE VILLAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village of Tequesta zoning code is currently silent with regard to regulations for Medical marijuana retail centers and Medical marijuana treatment centers; 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 ualified atients and their le al re resentatives for the treatment of listed medical conditions q P g P � effective June 16, 2014 as Chapter 2014-157, Laws of Florida, and codified at Section 381.986, Florida Statutes ("Senate Bill 1030"); and WHEREAS, the Florida Department of Health has adopted Chapter 64-4, Florida Administrative Code, to implement Senate Bill 1030; and WHEREAS, the 2016 Florida Legislature approved House Bi11307, which among other things, amended Senate Bill 1030, and provided for the growing, processing, and distributing of specific forms of inedical (euphoric) cannabis to qualified patients and their legal representatives for the treatment of listed medical conditions, effective March 25, 2016 as Chapter 2016-123, Laws of Florida, and codified at Sections 381.986 and 499.0295, Florida Statutes ("House Bill , 307"); and WHEREAS, pursuant to House Bill 307, the Florida Department of Health is authorized to adopt additional rules to implement certain sections of House Bi11307; and WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida Constitution to allow for broader medical use of any. kind of marijuana (including euphoric strains) within the State ("Amendment 2"); and WHEREAS, Amendment 2 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, Amendment 2 permits 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, despite the adoption of Senate Bill 1030, House Bill 307, and Amendment 2, the activities these laws condone remain illegal under federal law; and WHEREAS, significant safety and security issues exist for any establishment involved in the cultivation, processing or distribution or marijuana, because they maintain large drug inventories and axe 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 Village of Tequesta 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, Senate Bill 1030 and Amendment 2 are silent on the topic of local overnment re lation and consistent with Florida case law overnin reem tion local g � � g g P P � governments are not preempted from regulating marijuana uses; and WHEREAS, House Bill 307 provides that all matters regarding the regulation of the cultivation and processing of inedical cannabis or low-THC cannabis by dispensing organizations are preempted to the State, but 7 allows municipalities to determine by ordinance the criteria for the number and location of, and other permitting requirements that do not conflict with State law or Department rule for dispensing facilities or dispensing organizations located within its municipal boundaries; and WHEREAS, with the recent passage of Amendment 2 to the Florida Constitution regarding medical marijuana, along with current state law regarding medical marijuana as set forth at Sections 381.986 and 499.0295, Florida Statutes, the Village Council of the Village of Tequesta desires to adopt regulations for the placement and use of Medical marijuana retail centers and ' Medical marijuana treatment centers, as permitted by state law; and WHEREAS, the Village Council of the Village of Tequesta has determined that it is in the best interests of the health, safety and welfare of its residents to adopt appropriate business regulations to ensure compatibility of any marijuana-related business with the surrounding businesses, properties, and community. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: , Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 78-4, Definitions, to create new definitions for the terms "Marijuana," "Medical marijuana retail center," "Medical marijuana retaiUtreatment center premises," and "Medical marijuana treatment center"; and to revise the defuution for "Retail sales and service" to exclude Medical marijuana retail centers and Medical marijuana treatment centers therefrom; providing that the new and revised definitions at Sections 78-4 shall hereafter read as follows: Sec. 78-4. Definitions. Mariivana means all narts of anv nlant of the �enus Cannabis. whether �rowin� or not; the seeds � thereof: the resin extracted from anv nart of the nlant: and everv comnound. manufacture. sale. derivative. mixture. or nrenaration of the nlant or seed or resin that is disnensed onlv from a dis ensin� or�anization for medical use bv an eli�ible natient as defined in s. 499.0295. F.S. Mari'uana includes anv strain of cannabis or Mariivana. in anv form. that is authorized bv state law to be disnensed or sold in the State of Florida. Also referred to as "Medical Mariivana." Medical mariivana retail center means a retail establishment. licensed bv the Florida Denartment of Health as a"medical mariivana treatment facilitv." "medical mariivana treatment center." "dis ensin� or�anization." "disnensin� orsanization facilitv" or similar use. that sells and disnenses Mariivana nroducts containin� Mariivana. or related sunnlies but does not en�age in anv other activitv related to prenaration, wholesale stora�e; distribution, transfer, cultivation. or nrocessins of anv form of Mariivana or Mariivana nroduct. and does not allow on-site consumntion of Mariivana A Medical mariivana treatment center shall not be construed to be a Medical mariivana retail center.lVledical mariivana_retail centers are snecial excention uses confined to the C-3 �eneral comme district. Medical mariivana retail/treatment center premises shall, for Medical mariivana retail centers and Medical mariivana treatment centers, include the buildin� or bav that is utilized bv the center, and all narkins areas sidewalks and allevs within 100 feet of the nronertv on which the center is located. � Medical mariivana treatment center means anv facilitv licensed bv the Florida Denarhnent of Health to acauire cultivate nossess nrocess (inclu but not limited to develonment of related products such as food tinctures, aerosols, oils, or ointmentsl. transfer. transbort, sell. distribute. disnense store or administer Mariivana, nroducts containin� Mariivana. related sunnlies. or educational materials, as authorized bv state law. A Medical mariivana treatment center mav include retail sales or disnensin� of Mariivana. A facilitv which nrovides onlv retail sales or disnensin� of Mariivana shall not be classified as a Medical mariivana treatment center under this chanter Also mav be referred to as a"medical mariivana treatment facilitv" or "disnensin� or�anization" or other similar term reco�nized bv state law. Medical mariivana treatment centers are snecial excention uses confined to the C-3 �eneral commercia district. Retail sales and service means the selling of goods in small quantities di�ectly to the consumer in establishments which provide a service or offer a product to the general public. This includes a phartnacy which means a retail establishment primarily offering goods for retail sale on-site dispensing of prescription drugs� non=prescription drugs or both. A retail pharmacy may also offer accessory services such as photo processing, eyeglass care, etc. "Retail sales and service" does not include a Medical mariivana retail centers or Medical mariivana treatment centers which are snecificallv defined and nrovided for as senarate and distinct uses. � (1) Large scale retail sales and services means retail and/or service uses that are regional (beyond village limits) serving in nature as opposed to small scale retail sales and services which are local (village) serving in nature. Large scale retail sales and services are tenant areas or individually owned units in excess of 5,000 square feet. (2) Small scale retail sales and service means retail and/or service uses that are local (village) serving in nature as opposed to large scale retail sales and services which are regional serving in nature. Small scale retail sales and services shall not exceed 5,000 square feet in gross leasable area for each tenant area or individually owned unit. [All other definitions in this section shall remain in full force and effect as previously adoptedJ Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 78-178, C-3 General Commercial District, subsection (d) Special Exception Uses, to create an entirely new number (12) providing regulations for the location and use of Medical marijuana retail centers and Medical marijuana treatrnent centers in the Village; providing that the new regulations for Medical marijuana retail centers and Medical marijuana • treatment centers at Section 78-178(d) (12) shall hereafter read as follows: 78-178. C-3 general commercial district. (d) Special exception uses. Special exception uses in the C-3 district are as follows: [(1) through (11) shall remain in full force and effect as previously adoptedJ (121 Medical mariivana retail centers and Medical mariivana treatment centers in conformance with all snecial excention reauirements and criteria (Secs. 78-361 throu 78-3901. as well as each of the followin� reauirements: a. Su�vev. Annlications for snecial excention use at�nroval for Medical mariivana retail centers and Medical mariivana treatment centers shall include a survev sealed bv a Florida- re�istered land survevor who is licensed bv the State of Florida. The survev shall indicate the distance between the nrobosed Medical mariivana retail center or Medical mariivana treatment center and anv other Medical mariivana retail center. Medical mariivana treatment center or other use listed in subsection (ol below. b. Loitering. Medical mariivana retail centers and Medical mariivana treatment centers shall nrovide adeauate seatin� for their natrons_and shall not allow their natrons to stand, sit includin� in a narked carl or �ather or loiter in. on or outside of the nremises for anv t�eriod of time longer than reasonablv reauired to arrive and denart. Each center shall nost consnicuous si�ns on the buildin� nrohibitin� loiterin�. Annlicants shall nrovide nremises nlans. includin� operational nlans. that demonstrate how loiterin� will be discoura�ed. c. Drive thNOUgh services nrohibited. Medical mariivana retail centers and Medical mariivana treatment centers shall not offer drive-throu�h services. All onerations. includin� but not limited to the navment for and the receint of nroducts. shall occur inside the center. d. Vending o� deliver-v service restricted. Medical mariivana retail centers shall neither conduct anv form of off-site deliverv service. nor utilize anv tvne of vendin� machine for the nrovision. in whatever format. of their nroducts. e. On nremises consumntion nrohibited. No Medical mariivana retail center shall allow anv Mariivana to be smoked. in�ested or otherwise consumed on the nremises. The Medical mariivana retail center shall take all stens necessarv and immediate stens to ensure comnliance with this narasranh. No nerson shall smoke. in�est or otherwise consume Mariivana on the premises of a Medical mariivana retail center. For Medical mariivana treatment centers. all on- site smokin�, in�estin� or otherwise consumin� of Mariivana shall occur entirelv within an enclosed buildin�. f. Live nlant materials. No livin� Mariivana nlants are nermitted on the site of a Medical mariivana retail center. �. Odor. A comnlete air filtration and odor elimination filter and scrubber svstem shall be nrovided ensurin� the use will not cause or result in dissemination of dust. smoke. or odors bevond the confines of the buildin�. or in the case of a tenant in a multi-tenant buildin�, bevond the confines of the occunied snace. A double door svstem shall be nrovided at all entrances to miti�ate odor intrusion into the air outside the Medical mariivana retail center or Medical marijuana treatment center. h. Alcoholic beverages p�ohibited. No consumntion of anv alcoholic bevera�e shall occur at anv Medical mariivana retail center nremises or Medical mariivana treatment center premises. i. Outside merchandise disnlavs and signage. Notwithstandin� anvthin� to the contrarv in the Villa�e's code of ordinances. no outside disnlav of nroducts, wares or merchandise is ermitted at anv Medical mariivana retail center nremises or Medical mariivana treatment center remises,. Moreover. si�na�e shall be limited to one lll wall si�n in accordance with size re uirements contained in Sec. 78-741(bl(lla. i. Screening Recruired. All doors. windows and other buildin� onenin�s to Medical mariivana retail center nremises and Medical mariivana treatment center nremises shall be located covered or screened in such a manner as to nrevent a view into the interior from anv nublic or semi-nublic area of the nremises. k. Hours ofoneration. A Medical mariivana retail center shall onlv onerate between the hours of 8:00 a.m. and 8:00 n.m.. Mondav throu�h Fridav. and between the hours of 10•00 a m and 2:00 n.m., Saturdav and Sundav. Medical mariivana treatment centers shall not disnense Medical Mariivana or a cannabis deliverv device on-site between the hours of 9 n m and 7 a m but mav nerform all other onerations and_ deliver Medical Mariivana to aualified natients 24 hours a dav 1. OtheY activities n�ohibited. No Medical mariivana retail center shall en�a�e in anv activitv other than the nossession,_ sale. distribution. disnosal or administration �f Medical Mariivana. nroducts containin� Mariivana. related sunnlies or educational material. The issuance of hvsician certifications. ID cards. or anv other documentation necessarv for a aualifvin� natient or nersonal care�iver to obtain Medical Mariivana is strictiv nrohibited at a Medical mariivana retail center. Cultivation of mariivana is strictiv nrohibited at a Medical mariivana treatment center m. Securitv measures. A Medical mariivana retail center or Medical mariivana treatment center shall be eauinned with all of the followin� securitv measures: i. a 24 hour ner dav alarm svstem monitored bv either law enforcement or a nrivate securitv a�encv: and ii. a 24 hour ner dav securitv camera sv_stem that cantures all activitv at each noint of inQress and e�ress, as well as the noint of sale area(sl. canable of recordin� and retrievin� ima�es. All recordin�s shall be maintained for a minimum of 90 davs; and iii. a dron safe or cash mana�eme device that nrovides minimum access to the center's cash receints: and iv. the use of outdoor li�htins adeauate to illuminate the entire storefront. as well as all arkin� and loadin� areas between dusk and dawn. nrovidin� a minimum of 1 foot- candle illumination and a maximum avera�e of 10 foot-candle illumination A hotometric nlan with noints of calculation on a ten foot bv ten foot �rid combleted bv a licensed electrical en�ineer shall be submitted bv the annlicant as nart of the snecial excention annlication: and v. anv other securitv measures recommended bv the Police Denartment for the particular location: and vi. in coniunction with its annlication for an annual business tax receint. Medical • mariivana retail centers and Medical mariivana treatment centers shall nrovide the names. telenhone numbers. addresses. dates of birth and driver license numbers for all individuals emnloved on site. n. Location reauirements. No Medical mariivana retail center or Medical mariivana treatment center shall be located closer than• i. one thousand feet (1.000'1 from another Medical mariivana retail center or Medical mariivana treatment center: � ii. five hundred feet (500'1 from a church or nlace of worshin; iii. five hundred feet (500'1 from an educational institutionz iv. five hundred feet (500'1 from a nublic nark; or v. five hundred feet (500') from an existin� residence. and/or residentiallv zoned real nronertv. All distances shall be measured from nronertv line to nronertv line in a strai�ht nath without re�ard to intervenin� structures or obiects. Location reauirements mav not be varied. � o. Off-str-eet narkin�. Off street narkin� shall be nrovided at the same rate as a medical office. Emnlovment/worker restrictions. i. All nersons emnloved or workin� at a Medical mariivana retail center or Medical mariivana treatment center shall be at least 21 vears of a�e; and ii. All mana�ers or sunervisors emnloved or workin� at a Medical mariivana retail center or Medical mariivana treatment center shall have been fin�emrinted and successfullv nassed a level2 back�round screenin� nrior to commencin� emnlovment or work as a mana�er or sunervisor at the facilitv. ' a. Persons allowed to enter the Medical mariivana retail center or Medical mariivana treatment center. i. Undera�e entrv. It shall be unlawful for anv Medical mariivana retail center or Medical mariivana treatment center to allow anv nerson who is not at least 18 vears of a�e into the center durin� hours of oneration, unless that nerson is authorized bv State law to nurchase Mariivana. whether as a aualified natient with a valid identification card or le�al renresentative of a aualified natient with a valid identification card ii. Entrv bv persons authorized bv State law. It shall be unlawful for anv Medical mariivana retail center or Medical mariivana treatment center to allow anv nerson into the center durin� the hours of oneration if that nerson is not authorized bv State law to be there. iii. Unlawful disnensing. It shall be unlawful for anvone on the nremises of the Medical mariivana retail center or Medical mariivana treatment center to knowinelv disnense. deliver or otherwise transfer anv Mariivana_or Mariivana nroduct to an individual or entitv not authorized bv State law to receive such substance or nroduct. r. Transfer ofMedical maYiivana retail center or Medical mariivana treatment center special excention use annroval. A snecial excention use atinroval for a Medical marijuana retail center or Medical mariivana treatment center shall not be transferred o assi�ned to a new owner or tenant. or uossession. control. or ot�eration of the establishment surrendered to such other nerson or entitv until a new snecial excention use ant�roval has been obtained bv the new annlicant in accordance with the standards set forth in this section as well as with all snecial excention re uirements and criteria set forth in Sections 78-361 throu�h 78-3901. A st�ecial excention use approval is narticulax onlv to the annroved location and shall not be transferred or assi�ned to another location. An attemnt to transfer or assi�n a snecial excention use annroval in violation of this section is herebv declared void. and in such event. the snecial excention use shall be deemed abandoned and terminated Further a snecial excention use anproval shall become null and void if the uses ceased at a narticular location. s. Statutorv compliance. Annlicants shall establish comnliance with all annlicable rovisions of Section 381.986. Florida Statutes. as that section mav be amended from time to time. prior to snecial excention annroval. Pursuant to Section 381.986(81(bl, Florida Statutes. anv conflict between a state law reauirement and this ordinance shall be resolved in favor of the state law reauirement. Section 3: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision sha11 not affect the validity of the remainder of this Ordinance. Section 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall take effect immediately upon passage.