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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_11/09/2017 �� DA�IS �. ,.- ' ASHTON, P.A. Keith W. Davis, Esq. Floridn Bnr Bonrd Certified Attorney City,Q�uiity mid[.ocal Gauernmerit L�w Email:keithc�davisashtonlaw.com August 25, 2017 MEMORANDUM To: Mayor Brennan, Vice Mayor D'Ambra, Council Members Arena, Okun and Paterno Cr. Manager Couzzo, Clerk McWilliams From: Attorney Davis Re: Ordinance 16-17- RegulaHon of Medical Marijuana The following describes in detail the above referenced agenda item: As discussed at the August Village Council Workshop, the above referenced ordinance proposes to regulate medical marijuana uses within the Village pursuant to the permis- sions and preempdons provided in state law. While "medical marijuana treatment centers" (the so-called farm-to-table operations) are allowed in the C-3 zone under certain circumstances based on state law regulatory preemptions, "dispensing facilities" (retail pharmacy-like uses) are prohibited Village-wide based on state law regulatory permissions. 701 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 � p 561-586-7116 � f 561-586-9116 www.davisashtonlaw.com ♦LEADING EXPERTS IN LOCAL GOVERNMENT LAW AND ETHICS♦ ORDINANCE NO. 16-17 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 DEFINITIONS FOR THE TERMS "MARIJUANA," "MEDICAL MARIJUANA TREATMENT CENTER," "MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY" AND TO REVISE THE DEFINITION FOR "RETAIL SALES AND SERVICE" TO EXCLUDE MEDICAL MARIJUANA TREATMENT CENTER AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY THEREFROM; AT SECTION 78-178, C-3 GENERAL COMMERCIAL DISTRICT, SUBSECTION (B) PERMITTED USES, TO CREATE AN ENTIRELY NEW NUMBER (20) PROVIDING REGULATIONS FOR THE LOCATION OF MEDICAL MARIJUANA TREATMENT CENTERS IN THE VILLAGE; AND AT ARTICLE IX, SUPPLEMENTAL REGULATIONS TO CREATE AN ENTIRELY NEW SECTION 78-307 BANNING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN 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 regulation of inedical marijuana; 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 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 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,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,the 2017 Florida Legislature approved Senate Bill 8A during special session which was signed into law on June 23, 2017 as Chapter 2017-232, Laws of Florida, providing unified regulations for medical marijuana treatment centers and medical marijuana treatment center dispensing facilities; and WHEREAS, Senate Bill SA expressly preempts to the state regulation of the cultivation, processing and delivery of marijuana by medical marijuana treatment centers, except that municipalities can: 1) limit the location of inedical marijuana treatment center cultivating or processing facilities within 500 feet of schools, and 2)require medical marijuana treatment center facilities to comply with state building and fire codes; and WHEREAS,Senate Bill 8A allows municipalities to ban,by ordinance,medical marijuana treatment center dispensing facilities from being located within the boundaries of the municipality; and 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 to provide permissible regulations 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 treatment center," and "Medical marijuana treatment center dispensing facility" and to revise the definition for"Retail sales and service" to exclude Medical marijuana treatment center and Medical marijuana treatment center dispensing facility 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 eenus Cannabis, whether growine or not; the seeds thereof: the resin extracted from anv nart of the olant; and every comnound, manufacture, salt. derivative, mixture, or nrenaration of the nlant or seed or resin. includine low-THC cannabis which are disnensed from a medical mariivana treatment center for medical use bv a aualified vatient Mariivana includes anv strain of cannabis or Mariivana, in anv form,that is authorized bv te law to be disnensed or sold in the State of Florida. Also referred to as "Medical mariivana." Medical mariivana treatment center means anv facilitv licensed bv the Florida Denartment of Health to acauire, cultivate. nossess, nrocess (includin�but not limited to develonment of related nroducts such as food, tinctures. aerosols, oils, or ointmentsl, transfer, transDort, 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 disnensing of Mariivana. A facilitv which Drovides onlv retail sales or disnensing 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� oreanization" or other similar term recoenized bv state law. Medical mariivana treatment centers are ermitted uses confined to the C-3 �eneral commercial district. Medical mariivana treatment center disnensinQ facilitv means a retail establishment. licensed bv the Florida Denartment of Health as a "medical mariivana treatment facilitv," "medical mariivana treatment center." "disnensine oreanization." "disnensine or�anization facilitv"or similar use.that sells and disnenses Mariivana. nroducts containin� Mariivana. or related suonlies, but does not enEa�e in anv other activitv related to orenaration, wholesale stora�e. distribution. transfer. cultivation, or nrocessine 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 treatment center disnensine facilitv. Medical mariivana treatment center disnensine facilities are not nermitted anvwhere within the boundaries of the Villa�e. 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 mariivana treatment center or Medical mariivana treatment center disoensing facilitv which are svecificallv 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 (b) Permitted Uses, to create an entirely new number (20) providing regulations for the location of Medical marijuana treatment centers in the Village; providing that the new regulations for Medical marijuana treatment centers at Section 78-178(b)(20) shall hereafter read as follows: 78-178. C-3 general commercial district. (b) Permitted uses. Permitted uses in the C-3 district are as follows: [(1) through(19)shall remain in full force and effect as previously adoptedJ 201 Medical mariivana treatment centers. subiect to the following reauirements: a. Survev. Medical Mariivana treatment center annlicants and those entities or oersons seekin� a zonine confirmation letter for Medical mariivana treatment centers shall be reauired to nrovide a survev sealed bv a Florida-reeistered land survevor who is licensed bv the State of Florida. The survev shall indicate the distance between the nronosed Medical mariivana treatment center and anv real nronertv that comnrises a nublic or nrivate elementary school, middle school. or secondary school. b. Location reauirements. No Medical mariivana treatment center cultivatine or vrocessine facilitv shall be located closer than 500 feet from the real nronertv that comnrises a aublic or nrivate elementary school. middle school, or secondary schooL All distances shall be measured from nronertv tine to nronertv line in a straieht nath without reEard to intervenin� structures or obiects. Location reauirements mav not be varied. c. License or nermit fees. Medical mariivana treatment centers shall be chareed all license or nermit fees in an amount eaual to the license or nermit fees chareed to nharmacies pursuant to section 381.986. F.S. Anv nerson or entitv aDnlvine for or renewine a business tax receint for a medical mariivana treatment center within the village shall exhibit an active state license. or nroof of same. before such business tax receint mav be issued. d. Comnliance with State Codes. Medical mariivana treatment centers must comnlv with th Florida Buildine Code. the Florida Fire Prevention Code. or anv local amendments thereto. e. Statutory comnliance. Medical mariivana treatment centers shall establish comnliance with all annlicable nrovisions of Section 381.986.Florida Statutes,as that section mav be amended from time to time. Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IX, Supplemental Regulations, to create an entirely new Section 78- 307 in order to ban Medical marijuana treatment center dispensing facilities within the Village; providing that Section 78-307 shall hereafter read as follows: 78-307.Medical marijuana treatment center dis,pensin�facilities. Medical mariivana treatment center disnensine facilities. as defined in Section 78-4 of the Code. are banned and therefore strictiv nrohibited from locatine in anv Zonine District within the Villa�e, as authorized bv Senate Bill 8A siQned into law on June 23. 2017 as Chaoter 2017-232, Laws of Florida. Section 4: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 5: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 6: 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 7: Specific authority is hereby granted to codify this Ordinance. Section 8: This Ordinance shall take effect immediately upon passage.