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HomeMy WebLinkAboutDocumentation_Workshop_Tab 02_05/30/2017 ORDINANCE NO. 12-16 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING; AT SECTION 78-4, DEFINITIONS. TO CREATE A DEFINITIONS FOR THE TERMS `�MARIJUANA," ��MEDICAL MARIJUANA RETAIL CENTER," "MEDICAL MARIJUANA RETAIL/TREATMENT CENTER PREMISES," "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 AT 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 qualified patients and their legal representatives for the treatment of listed medical conditions, 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 Bi11307,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, Senate Bill 406, currently before the Legislature, pertains to low-THC cannabis and marijuana and would authorize physicians to issue physician certifications to specified patients meeting certain conditions; require the Department af Health to register caregivers meeting certain requirements on the compassionate use registry;require the department to establish a quality control program that requires medical marijuana treatment centers to submit samples from each batch to an independent testing laboratory; created the Medical Marijuana Research and Education Act; and establish the Coalition for Medical Marijuana Research and Education within the H. Lee Moffitt Cancer Center and Research Institute; and WHEREAS, House Bill 1397, currently before the Legislature, provides a sales tax exemption for marijuana & marijuana delivery devices used for medical purposes; provides qualifying medical conditions for patient to be eligible to receive marijuana;provides requirements for designating a qualified physician; provides criteria for certification of a patient for medical marijuana treatment by qualified physician; requires the Department of Health to establish a medical marijuana use registry; requires the department to issue licenses to medical marijuana treatment centers and conduct periodic inspections; provides for the establishment of inedical marijuana testing laboratories; and provides appropriations; and WHEREAS, despite the adoption of Senate Bill 1030,House Bi11307, 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 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 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 government regulation and, consistent with Florida case law governing preemption, local 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; and WHEREAS, House Bill 307 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. WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety,and welfare of the citizens of the Village of Tequesta that the Village amend its code as set forth in this ordinance. 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 retail/treatment center premises," "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 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 treatment centers in the Village; providing that the new and revised definitions at Sections 78-4, and the new regulations for Medical marijuana retail centers and Medical marijuana treatment centers at Section 78-178(d) (12) shall hereafter read as follows: Sec. 78-4. Definitions. Mariivana means all parts of an�plant of the �enus Cannabis,whether r��or not; the seeds thereof; the resin extracted from an�part of the plant; and eve =ry compound,manufacture. sale. derivative, mixture, or preparation of the blant or seed or resin that is dispensed onlv from a dispensin�or�anization for medical use b a� i�patient as defined in s. 499.0295, F.S. Mari�uana includes anv strain of cannabis or Mariivana. in anv fortn. that is authorized b, s� law to be disnensed or sold in the State of Florida. Also referred to as "Medical Mari'u� ana•„ Medical mariivana retail center means a retail establishment. licensed b the Florida Deuartment of Health as a"medical mari�uana treatment facilitv," "medical mariivana treatment center," "dis�ensin�or�anization," "dis�ensin�or�anization facilitv" or similar use, that sells and dispenses Mari�uana.�roducts containin�i�uana, or related su�plies, but does not en�a� in anv other activitv related to preparation.wholesale stora�e, distribution,transfer, cultivation, or�rocessin�of anv form of Mariivana or Mari'uana�roduct, and does not allow on-site consumption of Mariivana. A Medical mari�uana treatment center shall not be construed to be a Medical mariivana retail center. Medical mari�uana retail centers are special exception uses confined to the C-3 general coinmercial district. Medical mariivana retail/treatment cente���emises shall, for Medical marijuana retail centers and Medical mariivana treatment centers, include the buildin o�v that is utilized bv the center, and all parkin�areas, sidewalks and allevs within 100 feet of the propertv on which the center is located. Medical mariivana treatment center means anv facilitv licensed bv the Florida Department of Health to acquire, cultivate,possess,�rocess (includin�but not limited to development of related nroducts such as food, tinctures, aerosols, oils, or ointmentsl. transfer,transnort, sell, distribute. dispense, store, or administer Mari�uana,products containin M�ariivana.related sup�lies, or educational materials, as authorized bv state law. A Medical mariivana treatment center mav include retail sales or dispensin�of Mariivana. A facilit�which provides onlv retail sales or dis�ensin� of Mari�uana shall not be classified as a Medical mari�uana treatment center under this chapter. Also mav be referred to as a "medical marijuana treatment facilitv" or "dispensing or�anization" or other similar term reco�nized bv state law. Medical mari�ana treatment centers are s�ecial exce�tion uses confined to the C-3 �eneral commercial district. Retail sales and service means the selling of goods in small quantities directly to the consumer in establishments which provide a service or offer a product to the general public. This includes a pharmacy 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. This does not include a Medical mari�uana retail centers or Medical mariivana treatment centers which are specificallv defined and provided for as separate and distinct uses. (1) Large scale retail sales and services means retail andlor 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 78-178. C-3 general commercial district. (d) Special exception uses. Special exception uses in the C-3 district are as follows: [(1) th�ough (I1)shall�emain in full force and effect as previously adoptedJ (121 Medical mari�uana retail centers and Medical mariivana treatment centers in conformance with all special exception requirements and criteria(Secs.78-361 throu�h 78-3901,as well as each of the followin�requirements: a. Survev. A�plications for s�ecial exception use ap�roval 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 �roposed Medical mariivana retail center or Medical mariivana treatment center and anv other Medical mariivana retail center, Medical mari�uana treatment center or other use listed in subsection(nl below. b. Loitering. A Medical mariivana retail center facilitv shall provide adequate seatin� for its patrons and shall not allow its pa�rons to stand, sit (includin�parked carl or �ather or loiter outside of the building in which the center operates, includin�v parkin� areas, sidewalks or ad�acent ri�;hts-of-way. for anv period of time lon�;er than reasonablv required to arrive and depart. The center shall post conspicuous si�ns on the building�rohibitin�loiterin . T�he applicant shall provide center plans, includin�o�erational plans. that demonstrate how loiterin� will be discoura�ed on the center site. c. Drive throu�h service n�ohibited. Medical mariivana retail centers shall not offer drive-throu�h service. All operations, includin�but not limited to the pavment for and the receibt of products, shall occur inside the center. d. T�ending or delivery service �rohibited. Medical mari�uana retail centers shall neither conduct anv form of off-site delivery service, nor utilize anv tvpe of vending machine for the provision, in whatever format, of their products. e. On �remises consum�tion �rohibited. No Medical mari�uana retail center shall allow anv Mariivana to be smoked,in�ested or otherwise consumed on the premises. The Medical mariivana retail center shall take all steps necessary and immediate steps to ensure com lib 'ance with this para�raph. No person 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� e��; or otherwise consumin� of Mari�uana shall occur entirelv within an enclosed buildin�. f. Live�lant materials. No livin�i'ui ana plants are nermitted on the site of a Medical marijuana retail center. � Odor A complete air filtration and odor elimination filter and scrubber system shall be provided ensurin�the use will not cause or result in dissemination of dust,smoke or odors beyond the confines of the buildin�, or in the case of a tenant in a multi-tenant buildin�vond the confines of the occupied snace A double door system shall be provided 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�rohibited. No consumption of anv alcoholic bevera e� occur at anv Medical mari�uana retail center or Medical mariivana treatment center, includin� associated parkin�areas. sidewalks or ad'aci ent ri�hts-of-way. i. Outside merchandise dis�lays and signa�e. Notwithstandin�vthin t� contrary in the village's code of ordinances,no outside displav of�roducts.wares or merchandise is �ermitted at an� Medical marijuana retail center or Medical mari�uana treatment center. includin�associated parkin� areas, sidewalks or ad�acent ri�hts-of-way. Moreover, si�nage shall be limited to one (11 wall sign in accordance with size requirements contained in Sec. 78- 741 b 1 a. i. Screening Rec�uired. All doors, windows and other buildin�o enin�s to Medical mari�uana retail centers and Medical mari�uana treatment centers shall be located, covered or screened in such a manner as to prevent a view into the interior from anv�ublic or semi-public area. k. Hours of o�eration. A Medical mariivana retail center shall onlv operate between the hours of 8:00 a.m. and 8:00 p.m. Medical mariivana treatment centers shall not dispense Medical Mariivana or a cannabis delivery device on-site between the hours of 9 p.m. and 7 a.m.. but mav�erform all other operations and deliver Medical Mariivana to c�ualified patients 24 hours a� 1. Other activities�rohibited. No Medical mariivana retail center shall engage in anv activitv other than the �ossession. sale, distribution. disposal or administration of Medical Mari'uana.�roducts containin�iivana, related sup�lies or educational material. The issuance of phvsician certifications.ID cards or anv other documentation necessary for a qualifvin�patient or �ersonal care�iver to obtain Medical Mariivana is strictl�nrohibited at a Medical mari�uana retail center.Cultivation of mariivana is strictl�prohibited at a Medical mariivana treatment center. m. Securitv measures. A Medical marijuana retail center or Medical mari'ui ana treatment center shall be equibbed with all of the followin s�tv measures: i. a 24 hour per dav alarm system monitored bv either law enforcement or a private securitv a�v; ii. a 24 hour ner dav securit�camera system that ca�tures all activitv at each point of in�ress and e�;ress, as well as the point of sale area(sl, ca�able of recordin� retrievin�ima�es. All recordin�s shall be maintained for a minimum of 90 days. iii. a drop safe or cash management device that provides minimum access to the center's cash receipts. iv. the use of outdoor li�g adeguate to illuminate the entire storefront, as well as all parkin�and loadin�areas between dusk and dawn,providin�a minimum of 1 foot- candle illumination and a maximum avera�e of 10 foot-candle illumination. A photometric plan with points of calculation on a ten foot bv ten foot �rid com�leted bv a licensed electrical en�ineer shall be submitted bv the a�licant as part of the special exc�tion process. v. anv other securitv measures recommended bv the Police Debartment for the narticular location. vi. in con�unction with its a�plication for an annual business tax receint, Medical mariivana retail centers and Medical mariivana treatment centers shall provide the names,telephone numbers, addresses, dates of birth and driver license numbers for all individuals emploved on site. n. Location rec�uirements. No Medical mari�uana retail center or Medical mari�uana treatment center shall be located closer than: i. one thousand feet f 1,000'1 from another Medical mariivana retail center or Medical mariivana treatment center: ii. five hundred feet(500'1 from a church or place of worship: iii, five hundred feet(500'1 from an educational institution: iv. five hundred feet(500'1 from a child dav care facilitv; v. five hundred feet(500'1 from a public park: or vi. five hundred feet(500'1 from an existin�residence, and/or residentiallv zoned real ro e All distances shall be measured from propertv line to�ro�ertv line in a straight path without re�ard to intervenin�structures or ob�ects. Location requirements mav not be varied. o. O�'-st�eet�arkin�. Off street parkin�shall be provided at the same rate as a medical office. p. Em�lovment/worker^restrictions. i. All�ersons emploved 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 su�ervisors emploved or workin� at a Medical mari�uana retail center or Medical mariivana treatment center shall have been fin�erprinted and successfullv�assed a level2 background screenin�prior to commencin�plovment or work as a mana er�or supervisor at the facility: and �. Persons allowed to enter the Medical ma�iivana 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 an�person who is not at least 18 vears of a�e into the center durin�hours of o�eration, unless that person is authorized bv State law to purchase Medical Mariivana. whether as a qualified patient with a valid identification card ar le al�representative of a c�uali�ed �atient with a valid identification card. ii. Entry b�z�eNsons authorized bv State law. It shall be unlawful for anv Medical mariivana retail center or Medical mariivana treatment center to allow an�nerson into the center durin�the hours of operation if that person is not authorized bv State law to be there. iii. Unlawful dis�ensing. It shall be unlawful for anvone on the premises of the Medical mariivana retail center or Medical marijuana treatment center to knowin�lv dispense, deliver or otherwise transfer anv Mariivana or Mari�ut ana product to an individual or entitv not authorized bv State law to receive such substance or product. r. Transfer ofMedical mariivana retail center or Medical mariivana treatment center �ecial exce�tion use a�proval. A special exception use a�proval for a Medical marijuana retail center or Medical mariivana treatment center shall not be transferred or assi�ned to a new owner or tenant,or possession,control,or o�eration of the establishment surrendered to such other nerson or entitv until a new special exception use a�proval has been obtained bv the new a�plicant in accordance with the standards set forth in this chapter. A snecial exception use a�broval is particular onlv to the a�proved location and shall not be transferred or assi�ned to another location. An attempt to transfer or assi n�a S�ecial exception use a�proval in violation of this section is herebv declared void. and in such event,the special exception use shall be deemed abandoned and terminated. Further,a special exception use a�proval shall become null and void if the uses ceased at a barticular location. s. Statutory com�liance. Ap�licants shall establish com�liance with all a� lip cable brovisions of Section 381.986,Florida Statutes,as that section mav be amended from time to time. brior to special exception a�proval. Pursuant to Section 381.986(81(bl, Florida Statutes, anv conflict between a state law requirement and this ordinance shall be resolved in favor of the state law requirement. Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: 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 shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage.