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Amended Item 8C- Discussion on Medical Marijuana MoritoriumAGENDA ITEM: DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING Discussion on Medical Marijuana Moratorium November 8, 2016 STRATEGIC PLAN LINK: Land Development Regulations Update AMENDED AGENDA ITEM 8C NOVEMBER 14, 2016 AGENDA ITEM 8C November 14, 2016 BACKGROUND: The Florida Legislature adopted legislation in early 2016 to allow authorized entities to cultivate, transport and dispense "medical cannabis" for eligible patients with tetminal conditions. In addition, today the voters will consider an amendment to the Florida Constitution which, if approved, will legalize the use of medically certified marijuana. As a result, many local governments throughout the State are considering available options to address impacts relating to the legalization of marijuana. Several cities are considering a temporary moratorium to allow them sufficient time to determine how best to address these impacts, including the Cities of Neptune Beach and Jacksonville Beach. Please find draft ordinances attached for your review. RECOMMENDATION: Discuss the topic and provide direction to Staff and City Attorney ATTACHMENTS: Jacksonville Beach Draft Ordinance No. 2016-80XX Neptune Beach Draft Ordinance No. 2016-13 Draft Ordinance F01m provided by Authorized Dispensary Representative REVIEWEDBYCITYMANAGER: ---7}, V~ ~.<Co 00727956-1 INTRODUCED BY: ORDINANCE NO. 2016-13 A BILL ENTITLED AN ORDINANCE OF THE CITY OF NEPTUNE BEACH, FLORIDA, AMENDING CHAPTER 27, UNIFIED LAND DEVELOPMENT REGULATIONS; ADDING ARTICLE IV-B, LAND USES AND CANNABIS DISPENSING BUSINESSES, SECTION 27-245 PURPOSE AND INTENT, SECTION 27-246 DEFINITIONS, 27-247 TEMPORARY MORATORIUM, 27- 248 STUDY AND RECOMMENDATIONS, 27-249 PENAL TIES, 27-250 SEVERABILITY, 27-251 REPEAL, AND 27-252 EFFECTIVE DATE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2014 the Florida Legislature enacted a law legalizing low-THC medical cannabis in Florida; and WHEREAS, in 2016 the Florida Legislature expanded the law to legalize medical cannabis in Florida; and WHEREAS, future constitutional amendments and legislation may further expand the legal use of cannabis in Florida; and WHEREAS, a comprehensive State licensing and regulatory framework for the cultivation, processing, and dispensing of cannabis now exists; and WHEREAS, the comprehensive State licensing and regulatory framework directs that 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 of cannabis businesses may be determined by local ordinance; and WHEREAS, cannabis businesses licensed pursuant to the law have begun cultivating cannabis for processing and dispensing; and WHEREAS, the dispensing of cannabis is currently illegal under federal law and the United States Drug Enforcement Agency has recently confirmed that cannabis remains a Schedule I drug under federal law, but the United States Department of Justice has discussed federal enforcement of such laws with respect to state regulated cannabis operations in the 2012 "Cole Memorandum," and; WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and business from secondary effects associated with the distribution of cannabis exist, potentially including, offensive odors, trespassing, theft, fire hazards, increased crime in Ordinance No. 2016-13 Page 1 of 3 and about the dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents; and WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by cannabis businesses in obtaining banking services necessitating such businesses to operate on a cash basis; and WHEREAS, there exists the potential for misappropriation of medical cannabis to non- medical uses; and WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in compliance issues, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and WHEREAS, in November of this year, Florida voters will decide whether to amend the Florida Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a broader population of eligible patients; and WHEREAS, Florida laws relating to the cultivation, production, and dispensing of cannabis products are rapidly changing -raising substantial questions about whether cannabis-related land uses, as a category of commercial use, may have deleterious and negative secondary effects on surrounding land uses and communities; and WHEREAS, the purpose of this ordinance is to place a temporary moratorium on the opening of certain new cannabis dispensing facilities, and on the expansion or relocation of certain existing cannabis dispensing facilities; and WHEREAS, the City of Neptune Beach hereby finds that the temporary moratorium imposed by this ordinance is intended to give the City of Neptune Beach the time reasonably necessary to investigate the impacts of cannabis dispensing facilities, and if necessary, to promulgate reasonable regulations relating to such establishments; and WHEREAS, the City of Neptune Beach hereby finds that this ordinance advances an important government purpose by reducing the likelihood of the unregulated negative secondary effects of cannabis dispensing facilities; and WHEREAS, the City of Neptune Beach hereby finds that this ordinance is in the best interest of the public health, safety, and welfare; and WHEREAS, the City of Neptune Beach has determined it is in the public interest to adopt this Ordinance pursuant to the [City's/County's] police powers and section 381.986 to protect the health, safety, and welfare of the public; Now, therefore, be it ordained by the City Council of the City of Neptune Beach, Florida: Ordinance No. 2016-13 Page 2 of 3 Section 1. Chapter 27, Unified Land Development Regulation, Article IV-B, Land Uses and Cannabis Dispensing Businesses is hereby added as follows: Sec. 27-245. -Purpose and intent. The purpose of this Ordinance is to provide the City of Neptune Beach with the opportunity to review the impact of recent changes in law and the potential passage of a constitutional amendment, as well as the impact of cannabis dispensing in other jurisdictions, to determine how such dispensing should be permitted or regulated in the City of Neptune Beach. Sec. 27-246. -Definitions. (1) The following words and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Ordinance: a. Cannabis means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. b. Cannabis dispensing business or business shall mean a business location offering cannabis for retail sale pursuant to a license to dispense cannabis issued under applicable law. c. Compassionate Use Act shall mean section 381.986, Florida Statutes, ~and chapter 2016-123, Laws of Florida, as amended from time to time, and any rules or regulations promulgated thereunder. d. State shall mean the State of Florida. (2) In addition to the definitions contained in Subsection (1), other terms used in this Ordinance shall have the meaning ascribed to them in the Compassionate Use Act, and such definitions are incorporated into this Ordinance by this reference. Sec.27-457.-Temporary Moratorium. Beginning on the effective date of this Ordinance, a temporary moratorium is hereby imposed on the opening of new cannabis dispensing businesses and on the expansion or relocation of existing cannabis dispensing businesses in the City of Neptune Beach. This temporary moratorium shall expire on January 31, 2020, unless reduced or further extended by action of the City Council. a. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to open or cause to be opened any cannabis dispensing business within the City of Neptune Beach. Ordinance No. 2016-13 Page 3 of 3 b. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to relocate or cause to be relocated any cannabis dispensing business within the City of Neptune Beach. c. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to expand or cause to be expanded any cannabis dispensing business within the City of Neptune Beach. d. During the moratorium, the City of Neptune Beach shall not accept, process or approve any application for business tax receipts, licenses,· building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business. e. During the moratorium, the City of Neptune Beach shall not accept, process or approve any business tax receipts, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business. f. During the moratorium, the City of Neptune Beach shall not accept, process or approve any licenses, permits, or approvals for any property, entity, or individual for the sale or dispensation of cannabis so long as this ordinance is in effect. Nothing in this temporary moratorium shall be construed to prohibit the use of cannabis pursuant to the Compassionate Use Act or other applicable Florida Law, or the delivery of cannabis in compliance with the Compassionate Use Act or other applicable Florida Law. Sec. 27-248. -Study and Recommendations. The City of Neptune Beach City Manager or designee is hereby directed to study land development regulations for cannabis dispensaries and the impact of such regulations in other jurisdictions. Sec. 27-249. -Penalties. Any person or entity who violates any provision of this Ordinance or who fails to comply therewith, or with any of the requirements thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) per violation, per day, or be imprisoned for a period of time not to exceed sixty (60) days. Ordinance No. 2016-13 Page 4 of 3 Sec. 27-250. -Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. and to this end the provisions of this ordinance are severable. Sec. 27-251. -Repeal. All ordinances, resolutions, official determinations or parts thereof previously adopted or entered by the city or any of its officials and in conflict with this ordinance are hereby repealed to the extent inconsistent herewith. Sec. 27-252.-Effective and Termination Date. This ordinance takes effect immediately upon adoption and expires on January 31, 2020, unless reduced or further extended by action of the City Council. Section 2. This ordinance shall take effect upon its adoption. VOTE RESULTS OF FIRST READING: Mayor Harriet Pruette Vice Mayor Richard Arthur Councilor John Jolly Councilor Kara Tucker Councilor Scott Wiley Passed on First Reading this 751 day of November, 2016 VOTE RESULTS OF SECOND AND FINAL READING: Mayor Harriet Pruette Vice Mayor Richard Arthur Councilor John Jolly Councilor Kara Tucker Councilor Scott Wiley Passed on Second and Final Reading this __ day of ___ , 2016. Harriet Pruette, Mayor ATTEST: Ordinance No. 2016-13 Page 5 of 3 Amanda Askew, Acting City Clerk Approved as to form and content: Patrick Krechowski, City Attorney Ordinance No. 2016-13 Page 6 of 3 ORDINANCE PREAMBLE AN ORDINANCE OF THE [CITY/COUNTY], ESTABLISHING A TEMPORARY MORATORIUM ON CANNABIS DISPENSING BUSINESSES AS FURTHER DEFINED HEREIN; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR PENALTIES, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, in 20 14 the Florida Legislature enacted a law legalizing low-THC medical cannabis in Florida; and WHEREAS, in 20 16 the Florida Legislature expanded the law to legalize medical cannabis in Florida; and WHEREAS, future constitutional amendments and legislation may fmther expand the legal use of cannabis in Florida; and WHEREAS, a comprehensive State licensing and regulatmy fi·amework for the cultivation, processing, and dispensing of cannabis now exists; and WHEREAS the comprehensive State licensing and regulat01y framework directs that the criteria for the number and location of, and other permitting requirements that do not conflict with state law or depmtmcnt rule for, dispensing facilities of cannabis businesses may be determined by local ordinance; and WHEREAS, cannabis businesses licensed pursuant to the law have begun cultivating cannabis for processing and dispensing; and WHEREAS, the dispensing of cannabis is currently illegal under federal law and the United States Drug Enforcement Agency has recently confirmed that cannabis remains a Schedule I drug under federal law, but the United States Department of Justice has discussed federal enforcement of such laws with respect to state regulated cannabis operations in the 2012 "Cole Memorandum," and; WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and business from secondary effects associated with the distribution of cannabis exist, potentially including, offensive odors, trespassing, theft, fire hazards, increased crime in and about the dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents; and WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by cannabis businesses in obtaining banking services necessitating such businesses to operate on a cash basis; and WHEREAS, there exists the potential for misappropriation of medical cannabis to non-medical uses; and WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in compliance issues, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and 4827-7748-2037.1 WHEREAS, in November of this year, Florida voters will decide whether to amend the Florida Constitution to legalize the cultivation, production, and dispensing of medical cannabis for a broader population of eligible patients; and WHEREAS, Florida laws relating to the cultivation, production, and dispensing of cannabis products are rapidly changing-raising substantial questions about whether cannabis-related land uses, as a category of commercial use, may have deleterious and negative secondary effects on surrounding land uses and communities; and WHEREAS, the purpose ofthis ordinance is to place a temporary moratorium on the opening of certain new cannabis dispensing facilities, and on the expansion or relocation of certain existing cannabis dispensing facilities; and WHEREAS, the [City/County] hereby finds that the temporary moratorium imposed by this ordinance is intended to give the [City/County] the time reasonably necessary to investigate the impacts of cannabis dispensing facilities, and if necessmy, to promulgate reasonable regulations relating to such establishments; and WHEREAS, the [City/County] hereby finds that this ordinance advances an important government purpose by reducing the likelihood of the unregulated negative secondary effects of cannabis dispensing facilities; and WHEREAS, the [City/County] hereby finds that this ordinance is in the best interest of the public health, safety, and welfare; and. WHEREAS, the [City/County] has determined it is in the public interest to adopt this Ordinance pursuant to the [City's/County's] police powers and section 381.986 to protect the health, safety, and welfare of the public; NOW THEREFORE, the following ordinance is adopted. Sec. _-_-10.-Purpose and intent. The purpose of this Ordinance is to provide the {City/County] with the opportunity to review the impact of recent changes in law and the potential passage of a constitutional amendment, as well as the impact of cannabis dispensing in other jurisdictions, to determine how such dispensing should be permitted or regulated in the [City/County]. Sec. _-_-20.-Definitions. (1) The following words and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Ordinance: 4827-77 48-2037.1 a. Cannabis means all palts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. b. Cannabis dispensing business or business shall mean a business location offering cannabis for retail sale pursuant to a license to dispense cannabis issued under applicable law. 2 c. Compassionate Use Act shall mean section 381.986, Florida Statutes, and chapter 2016-123, Laws ofFlorida, as amended from time to time, and any rules or regulations promulgated thereunder. d. State shall mean the State of Florida. (2) In addition to the definitions contained in Subsection (1 ), other terms used in this Ordinance shall have the meaning ascribed to them in the Compassionate Use Act, and such definitions are incorporated into this Ordinance by this reference. Sec. _-_-30.-Temporary Moratorium. Beginning on the effective date of this Ordinance, a moratorium is hereby imposed on the opening of new cannabis dispensing businesses and on the expansion or relocation of existing cannabis dispensing businesses in the [City/County]. a. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to open or cause to be opened any cannabis dispensing business within the [City/County]. b. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to relocate or cause to be relocated any cannabis dispensing business within the [City/County]. c. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to expand or cause to be expanded any cannabis dispensing business within the [City/County]. d. During the moratorium, the [City/County] shall not accept, process or approve any application for business tax receipts, licenses, building permits, land use permits, or any development permits concerning or related to a cannabis dispensing business. e. During the moratorium, the [City/County] shall not accept, process or approve any business tax receipts, building pennits, land use permits, or any development permits conceming or related to a cannabis dispensing business. f. During the moratorium, the [City/County] shall not accept, process or approve any licenses, permits, or approvals for any property, entity, or individual for the sale or dispensation of cannabis so long as this ordinance is in effect. Nothing in this temporary moratorium shall be construed to prohibit the use of cannabis pursuant to the Compassionate Use Act or other applicable Florida Law, or the delivery of cannabis in compliance with the Compassionate Use Act or other applicable Florida Law. Sec. _-_-40.-Study and Recommendations. The [City/County] Manager is hereby directed to study, land development regulations for cannabis dispensaries and the impact of such regulations in other jurisdictions. Sec. --50. -Penalties. Any person or entity who violates any provision of this Ordinance or who fails to comply therewith, or with any of the requirements thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) per violation, per day, or be imprisoned for a period of time not to exceed sixty (60) days. 3 4827-7748-2037.1 Sec. _-_-60.-Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. Sec. _-_-70.-Repeal. All ordinances, resolutions, official determinations or patts thereof previously adopted or entered by the city or any of its officials and in conflict with this ordinance are hereby repealed to the extent inconsistent herewith. Sec. _-_-80.-Effective Date. This ordinance takes effect immediately upon adoption. 4 4827-7748-2037.1 Introduced by: _________ _ 1st Reading: __________ _ 2nd Reading: _________ _ ORDINANCE NO. 2016-SO:XX AN ORDINANCE OF THE CITY OF JAGKSONVILLE BEACH -.;-;--;'--'_=;:_:::::~. CONSIDERING A TEMPORARY MO~WGRIUM ON THE OPERATION OF MEDICAL MARIJUANAfiiJREATMENT CENTERS AND MEDICAL MARIJUANA DIS:JJJR$fstN:~~,·~ ORGANIZATIONS WITHIN THE CITY FOR A PERIODA_Qf2 0NE (t')~{¥¥AR; PROVIDING FOR SEVERABILITY; PROVIDIN~:~iEFFECTivE:~p~J'E: 4;{%~ltf.~f~ ·:·:~~~;Jitj:; .. WHEREAS, on November 8, 2016, Florida~VB:t~rs will consider an atfi'&rtd,ment to the Florida Constitution ("Amendment 2") entitled "Use ofNI~iJuana (oi.~~t)ebilitating~~~.4ical Conditions"; and ·~~~j;f,Z''·''-,~~~~h~~ft1;tJ? ·c:~if~:*' WHEREAS, if approved by Florida'~qtgts\~~endmenf~JfWould legalize the use of medically certified marijuana in the State of Flo;i(f~,,iJ.ll"di9fyfhqrize theit\tltiyation, processing, distribution, and sale of marijuana and,J.~l~ted activiti€~}~1Jy liceiislqj.:.Medica:t~?tijuana Treatment Centers"; and _,:sAi~~~·~~-~;~&;.~:, \W~:"" /,·~i~lfi£i~5~~:t;';c _ <:t}· WHEREAS, on M~&ir 8,25, 20{q~-;hhe Flo;i~~!~~:;~lature :;l~ended numerous provisions of Section 381.986, Florida~~i~t_tutes.tgJmstl<.e vario'fiii.t~visions including a revision to the definition of "dispen§.W!:fiP:rganizatidffi,',li;tq;{?Ji6'W~tai~p~nsing~~prganizations to transport cannabis, and to include£ri!Ji~ic~1~:8~~pis" ''fqr~~~ligibf~·\p~i]iyJb~s~!'With terminal conditions and to provide additi0fi~1ti'egulation 6T~tti~~-pepaftii1s.llt of HeaHR~)Vith regard to medical cannabis; and WHE~~l'~~,Qohapter 64-:·;~~Ql11pa;~v~~t~ Use" of the Florida Administrative Code has been enacted to regtil~J~ the DepatfW~nt of H~alth with regard to the requirements for dispensing organizations, H:l~!g4ing pro2~~pres for application, review, approval, inspection, and authorization of disp~il,~ing org~p1zations, and the Department of Health has commenced its application and revie-Jtpt~w~s.$~t~Rd ·:;~~~~Ifii~~~.w; WHEREAS, various stat~,:~hd national entities have begun addressing the direct and secondary impacts relating to the legalization of marijuana, including the American Planning Association, Denver Fire Depatiment, Rocky Mountain High Intensity Drug Trafficking Area, U.S. Department of Justice, Florida cities and counties, Florida for Care Blue Ribbon Commission, and the Florida League of Cities-Florida Association of Counties-Florida Police Chiefs Association-Florida Sheriffs Association Medical Marijuana Workgroup; and WHEREAS, future constitutional amendments and legislation may fu1iher expand the legal use of cannabis in Florida; and Ordinance No. 2016-80XX Page I of4 WHEREAS the comprehensive State licensing and regulatory framework directs that 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 of cannabis businesses may be dete1mined by local ordinance; and WHEREAS, due to the historical prohibition of marijuana, the City of Jacksonville Beach does not cunently have any land development regulations governing the use of real property for the purposes of cultivating, processing, distributing, or selling marijuana or related activities, and such uses are not permissible within the City; and WHEREAS, if approved, Amendment 2 would legalize .t!f~~dical use of marijuana and or cannabis throughout the State of Florida for individuals,,-wJtlil:aebilitating medical conditions as determined by a licensed Florida physician and autlf§!J~'&~~tll~,Jegistration and regulation of centers that cultivate, process, distribute, and sell IIJ,~r~Jii~ha prdcl\t£t§_ for medical purposes; and .~\i~:~~~~;~~:::r· ;;~<.:·/-::, .•• _ WHEREAS, in order to promote effective l~ltJf~lff~e planning if Aili~fid.ment 2 passes (or if a dispensing organization should seek to oper~f~f.~~~Tithin the City), the··;@{p.r._ Council wishes to preserve the status quo while researching, strttlM!!?-g anq"{§:qfilyzing the\Z:P'_p_tential impact of Medical Marijuana Treatment Cent2~~;"'~nd dispens'Ifig~{grg;ii\i$z~tions upon adJ~t~nt uses and the sunounding area and the effect 'qJ:~i~~JUcal Marijil"l@~ttreatment Centers ··and dispensing organizations on traffic, congestion, '§:~B~~in,g property;iM~l~1es, demand for City services and other aspects of the general welfare; an'd_'~·,. "-~{~~!t:ff:f"'';, -~'~1t~i:. ---:e'"S:;,~~--·~;~!.;, ,, ~'~Rtl0B;~;"·--?:'Wr.4~·.~-. WHEREAS, the PlatmmgankJ:i~s9Ping Bmir,g~~.aftefA,l.g!jc¢;~ggpuoliC hearing, has considered the ordinance imposing ;~*~!~lliporaryfiW,~ratoriurl\t~~qRJ~11~~tiperaiioi¥t9f Medical Marijuana Treatment Centers and dispensing;~t;ganizatiq~§ and has P!~ented its recommendation to the City Council; and ..• r~'{~~gg;~{i\';:~.--. ~~;f,;&:~~~~~%;~,t~f%f:~;);j]~t~}-.· ·~~~~~!~~-- WHE~YQ~S.t~trre''ai~p~~n~ing 6'f{~q&lnnabis'is1\6.94r~ntly" illegal under federal law and the United States\'m:&~g Enforceni~fi!~gencY,~~~~ receniiy~~bnfirmed that cannabis remains a Schedule I drug urra~r£"federal law, bijj;~he t31J,it~fl States Department of Justice has discussed federal enforcemeil:f:~~:fc_,,such laws wi®€,respeCf{\q\;§_tate regulated cannabis operations in the 2012 "Cole Memorandum~"~~~;,,h ''i{~l, 'tlf;' WHEREAS, potent{~!&advers,~~;[f~pacts on the health, safety, and welfare of residents and business :from secondat)l:;;~:f(¢~t§J?associated with the distribution of cannabis exist, potentially including, offensive odofS~~~if~spassing, theft, fire hazards, increased crime in and about the dispensary, robberies, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents; and WHEREAS, ce1tain of the above potential adverse impacts are accentuated by the current difficulties experienced by cannabis businesses in obtaining banking services necessitating such businesses to operate on a cash basis; and WHEREAS, there exists the potential for misappropriation of medical cannabis to non-medical uses; and Ordinance No. 2016-SO:XX Page 2 of4 WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in compliance issues, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and WHEREAS, the City Council finds that a temporary moratorium on the operation of Medical Marijuana Treatment Centers and dispensing organizations will allow the City a sufficient period of time to determine what uses are best suited to particular zoning categories and how best to formulate land development regulations that appropriately govern the use of real property for purposes of cultivating, processing, distributing or selling mariJ"Wia or related activities; ·j·~i:\:·f:~~::~=f/' WHEREAS, it is not the purpose or intent of this Qt~ift'~~~ to restrict or deny access to cannabis products as permitted by Florida law, bl.l~(Q::fi$te1i&'8;t,p enact reasonable restrictions intended to protect the public health, safety, and 'Y;~!(a:f&'and i:fi~"Jwknown at this time whether Amendment 2 will pass and if it passes, what t~~J,~J!Ifcting legislair&Q,J),¥ill provide and when that enacting legislation will be effective. ,1@}i:;v "~~~;;;:~;, · NOW, THEREFORE, BE IT ORDAINED ;{f~TjJ)l: CIT.YJIQF JAc~fa~:¥ILLE BEACH, FLORIDA: Jl•:, "?~~~t;l.r.YJ:.~t.·~.~j:}l' ':~~~ %~~~~;{:~~' ' ~ SECTION 1. A temporary"''' "ii_tpr-i!.lm is iiif~sed on the operation of Medical Marijuana Treatment Centers and disrt .. ,,~.n~~8~imJ-t:ations"\%£~in the city limits of the City of Jacksonville Beach. Whil~<i\tb~ tempora'i%~¥lonit6¥~~·i~ in ·gff~s!~ the City shall not accept, process or approve a11y&gppji$.~1!9P. relatinigzJg_ tht;,.,q,Q~~{tqn~.~f a~edical Marijuana Treatment -.'."-'.-: ·:·--· •,,. ,-~"";'-·'·'"·"' ,-·'··-•~ . ',_,../: ".'-''' o,·.·~ •;n.·:. ,, • Center or dispensin~i£@fg'Emizatlbf!I£~othing tm~~'~temporacy;J',:m,oratorium shall be construed to prohibit the medicaR(¥~~\. of m~f£pana or f~12;itHC cannabis by a qualifying patient, as determined by a licenseH{\E)JgridB;{.Ql)'x~Jcian, pur~qa,nt to Amendment 2, Fla. Stat. §381.986 or other Fl~~~~J~\JJ.~~~~t&?•.: •. , ... '\~~:t~~Jf~t,j~~~i(~)f\l.);,)~i+t,~ ,·c;~~~~~~ ~$)JJ'CTION i:'t~~~;igr pufPg§,~,s of t1l~i~{~¢porary moratorium, a "Medical Marijuana Treatmefi.~~f~:~enter" meali~~, enth~it~fit acquires, cultivates, possesses, processes (including developmenifl9:f related prod@t~ sucli''~~}tfQod, tinctures, aerosols, oils, or ointments), transfers, transports, s~fi~kgJstributes, d~~'~pses, orf.'ifdministers marijuana, products containing marijuana, related supplie;'~{i~Q'~"''education~I~~aterials to qualifying patients or their caregivers and is registered by the";{('f'lgrida I{¢Jft~rtment of Health. "Dispensing organization" means an organization approved.t1R~~,!h$?,,~f'X9lida Department of Health to cultivate, process, transport, and dispense low-THC cannai11S.1Q:f:::medical cannabis pursuant to Fla. Stat.§ 381.986. ··~~t-J}>'"" SECTION 3. During the moratorium, it is unlawful and a violation of this ordinance for any person or entity to open or cause to be opened any cannabis dispensing business within the City. It is also unlawful and a violation of this ordinance for any person or entity to relocate or cause to be relocated any cannabis dispensing business within the City or to be expanded in the City. SECTION 4. That this ordinance shall take effect upon its adoption by the City Council. The temporary moratorium shall terminate one (1) year from the effective date of this ordinance, Ordinance No. 2016-80XX Page 3 of4 unless the City Council rescinds or extends the moratorium by a subsequent ordinance. In the event that Amendment 2 is not approved by Florida's voters on November 8, 2016, the temporary moratorium on the operation of Medical Marijuana Treatment Centers shall terminate immediately, but the temporary moratorium on the operation of dispensing organizations shall remain in effect in accordance with this section. SECTION 5. That if any section, subsection, clause or provision of this ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. All ordinances, resolutions, official,;~;g~terminations or parts thereof previously adopted or entered by the city or any of its officittl~i@1ti in conflict with this ordinance are repealed to the extent inconsistent herewith. .-1:';;~¥l~fli''T AUTHENTICATED THIS DAY OF ,7+-i~~~~'t?';·t,~~;~,:p., 2016. A~i~t::~---~_;, .. \ni~\;::l--~~~~~;~:,r -~,;~~~"' ~~~~~it~'-• _<; ' ''~tr:~;~~-~-----~-~--~-·_ ... _' __ .--.• , ___ :·.--~--,~-~-·_·-~·'--,'_-_-_·.:~:_.~ __ ._·-.:0_.·· __ :··_,:"':'·_. __ •. -•. -.-7''· ··w·-~·· -~si;f~k~~~~l ·. ~-j:>,~ ?tgt~tio/~~f&W' Ordinance No. 2016-80:XX Page 4 of4