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Home My WebLink AboutDocumentation_Workshop_Tab 02_06/29/2017 ORDINANCE NO. 247 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 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 Bill 307, which among other things, amended Senate Bill 1030, and provided for the growing, processing, and distributing of specific forms of medical (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 Bill 307; 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 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 medical 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 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; providing that the new and revised definitions at Sections 78-4 shall hereafter read as follows: Sec. 78-4. Definitions. Marijuana means all parts of any plant of the genus Cannabis whether growin or not. the seeds thereof the resin extracted from an art of the lant• and eve com ound manufacture sale, derivative, mixture, or preparation of the plant or seed or resin that is dispensed only from a dispensing organization for medical use by an eli ible patient as defined in s. 499.0295, F.S. Marijuana includes any strain of cannabis or Mari.uan in an form that i authorized by state law to be dispensed or sold in the State of Florida. Also referred to as "Medical Marijuana." Medical marijuana retail center means a retail establishment licensed by the Florida Department of Health as a "medical marijuana treatment facility," "medical marijuana treatment center," "dispensing organization," "dispensing organization facilit " or similar use, that sells and dispenses Mari�juana,�roducts containing Marijuana, or related supplies, but does not engage in any other activity related to preparation wholesale storage distribution, transfer, cultivation or processing of any form of Marijuana or Mari'uana product and does not allow on-site consum.tion of Marijuana. A Medical marijuana treatment center shall not be construed to be a Medical marijuana retail center. Medical mari'uana retail centers are s•ecial exce stion uses confined to the C-3 general commercial district. Medical marijuana retail/treatment center premises shall.for Medical marijuana retail centers and Medical marijuana treatment centers, include the building or bay that is utilized b the center, and all parking areas, sidewalks and alleys within 100 feet of the property on which the center is located. Medical marijuana treatment center means any facility licensed by the Florida Department of Health to acquirecultivate, possess, process (including but not limited to development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transport, sell, distribute, dispense, store, or administer Marijuana, products containin Mari'uana, related sunnlies, or educational materials, as authorized by state law. A Medical marijuana treatment center ma include retail sales or dispensing of Marijuana. A facility which provides only retail sales or dis ensin of Marijuana shall not be classified as a Medical marijuana treatment center under this chapter. Also may be referred to as a "medical marijuana treatment facility" or "dispensing organization" or other similar term recognized by state law. Medical marijuana treatment centers are special exception uses confined to the C-3 general 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. "Retail sales and service" does not include a Medical marijuana retail centers or Medical marijuana treatment centers which are specifically defined and provided for as separate 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 adopted] 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 treatment 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 adopted] (12) Medical marijuana retail centers and Medical marijuana treatment centers in conformance with all special exception requirements and criteria(Secs 78-361 through 78-390),as well as each of the following requirements: a. Survey. Applications for special exception use approval for Medical marijuana retail centers and Medical marijuana treatment centers shall include a survey sealed by a Florida- registered land surveyor who is licensed by the State of Florida. The survey shall indicate the distance between the proposed Medical marijuana retail center or Medical marijuana treatment center and any other Medical marijuana retail center, Medical marijuana treatment center or other use listed in subsection(o)below. b. Loitering. Medical marijuana retail centers and Medical marijuana treatment centers shall provide adequate seating for their patrons and shall not allow their patrons to stand, sit(including in a parked car)or gather or loiter in, on or outside of the premises for any period of time loner than reasonably required to arrive and depart. Each center shall host conspicuous signs on the buildine prohibiting loitering. Applicants shall provide premises plans, including operational plans, that demonstrate how loitering will be discouraged c. Drive through services prohibited. Medical marijuana retail centers and Medical marijuana treatment centers shall not offer drive-through services All operations including but not limited to the payment for and the receipt of products, shall occur inside the center. d. Vending or delivery service restricted. Medical mari'uana retail centers shall neither conduct any form of off-site delivery service, nor utilize any type of vending machine for the provision in whatever format, of theirproducts e On premises consumption prohibited No Medical marijuana retail center shall allow any Marijuana to be smoked,ingested or otherwise consumed on the premises. The Medical marijuana retail center shall take all steps necessary and immediate steps to ensure compliance with this paragraph No person shall smoke, ingest or otherwise consume Marijuana on the premises of a Medical marijuana retail center. For Medical marijuana treatment centers all on- site smoking, ingesting or otherwise consuming of Marijuana shall occur entirely within an enclosed building. f. Live plant materials. No living Marijuana plants are permitted on the site of a Medical marijuana retail center. g. Odor. A complete air filtration and odor elimination filter and scrubber system shall be provided ensuring the use will not cause or result in dissemination of dust smoke or odors beyond the confines of the building, or in the case of a tenant in a multi-tenant building beyond the confines of the occupied space. A double door system shall be provided at all entrances to mitigate odor intrusion into the air outside the Medical marijuana retail center or Medical marijuana treatment center. h. Alcoholic beverages prohibited. No consumption of an alcoholic beverage shall occur at any Medical marijuana retail center premises or Medical marijuana treatment center premises. i. Outside merchandise displays ands mi a Notwithstanding anything to the contrary in the Village's code of ordinances,no outside display of products, wares or merchandise is permitted at any Medical marijuana retail center premises or Medical marijuana treatment center premises.. 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Location requirements. No Medical mari'uana re .it center or Medical marijuana treatment center shall be located closer than: i. one thousand feet(1,000')from another Medical marijuana retail center or Medical marijuana treatment center; ii. five hundred feet 500') from a church or place of worship• iii. five hundred feet(500') from an educational institution; iv. five hundred feet(500') from a_p____ park; or v. five hundred feet(500' from an existin• residence ence. and/or residentially zoned real property. All distances shall be measured from property line to property line in a straight path without regard to intervenin• structures or objects. Location reauirements ma not be varied. o. Q f=street parking. Off street parking shall be provided at the same rate as a medical office. p. Employment/worker restrictions. i. All persons employed or working at a Medical marijuana retail center or Medical mari'uana treatment center shall be at least 21 years of age; and ii. All managers or supervisors employed or working at a Medical marijuana retail center or Medical marijuana treatment center shall have been fin gerorinted and successfully passed a level 2 backaround screening prior to commencin employment or work as a manager or supervisor at the facility. q. Persons allowed to enter the Medical marijuana retail center or Medical mari'u� ana treatment center. i. Underage entry. It shall be unlawful for any Medical marfuana retail center or Medical marijuana treatment center to allow any person who is not at least 18 years of age into the center during hours of operation, unless that person is authorized by State law to purchase Marijuana, whether as a qualified patient with a valid identification card or legal representative of a qualified patient with a valid identification card. ii. Entry b ersons authorized by State law. It shall be unlawful for any Medical mariivana retail center or Medical marijuana treatment center to allow anv person into the center during the hours of operation if that person is not authorized by State law to be there. Unlawful dispensing. It shall be unlawful for anyone on the premises of the Medical mariivana retail center or Medical mariivana treatment center to knowinIly dispense, deliver or otherwise transfer any Marijuana or Mariivana product to an individual or entity not authorized by State law to receive such substance or product r. Transfer of Medical mariivana retail center or Medical mariivana treatment center special exception use approval A special exception use approval fora Medical marijuana retail center or Medical marijuana treatment center shall not be transferred or assigned to a new owner or tenant,or possession,control,or operation of the establishment surrendered to such other person or entity until a new special exception use approval has been obtained b the new applicant in accordance with the standards set forth in this section as well as with all special exception requirements and criteria set forth in Sections 78-361 throu h 78-390). A special exception use a o nroval is particular only to the approved location and shall not be transferred or assi•ned to another location. An attempt to transfer or assign a special exception use approval in violation of this section is hereby declared void, and in such event the special exception use shall be deemed abandoned and terminated. Further, a special exception use approval shall become null and void if the uses ceased at a particular location. s Statutory compliance Applicants shall establish compliance with all applicable provisions of Section 381.986.Florida Statutes as that section may be amended from time to time prior to special exception approval. Pursuant to Section 381.986(8)(b), Florida Statutes, any conflict between a state law requirement and this ordinance shall be resolved in favor of the state law requirement. 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 shall 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.