20170628 SM3MIAMI BEACH
Commission Meeting
SUPPLEMENTAL MATERTAL 3 (6127 t20171
City Hall, Commission Chambers, 3'd FIoor,lTOO Convention Center Drive
June28,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem5n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Com m issioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsft
us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach
entitled "Lobbyists" requires the
registration of all lobbyists with the Gity Clerk prior to engaging in any lobbying
activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in
the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C7 - Resolutions
C7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, REPEALING RESOLUTION NO. 2017-29907 AND CALLING FOR A SPECIAL
ELECTION ON NOVEMBER 7, 2017, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A BALLOT QUESTION ASKING
WHETHER THE CITY COMMISSION SHALL ADOPT AN ORDINANCE CHANGING THE
CURRENT
5:00 A.M. TERMINATION TIME TO 2:00 A.M. FOR THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES
ON PRIVATE PROPERTY AT ALCOHOLIC BEVERAGE
ESTABLISHMENTS LOCATED ON OCEAN DRIVE FROM sTH TO 1sTH
STREETS, EXEMPTING
FROM THIS TIME CHANGE THOSE INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS THAT ARE COMPLETELY ENCLOSED AND LOCATED ENTIRELY WITHIN
HOTELS.
Office of the City Attorney
Mayor Philip Levine
Supplemental updated on 612312017 & 6127 12017
(Addendum to City Attorney Memorandum)
1
Supplemental 3, June 28, 2017
R5 - Ordinances
R5 K AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR SIX MONTHS
FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW,
APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED
lN FLORTDA STATUTES SECTTON 163.3164(16), BUSTNESS TAX RECEIPTS OR ANY OTHER
LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING
FACILITIES WITHIN THE CITY ENGAGED IN THE ON-SITE DISTRIBUTION, SALE, DELIVERY OR
RETAIL OF LOW-THC CANNABIS, MEDICAL CANNABTS OR CANNABIS DELIVERY DEVICES
PURSUANT TO
SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO
PROVIDE THE CITY WITH AN OPPORTUNITY TO REV]EW AND ENACT REGULATIONS
GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES;
PROVIDING PENALTIES FORVIOLATION HEREOF;PROVIDING FORSEVERABILITY;REPEAL
OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE
RETROACTIVE TO JUNE 28,2017; FOR ZONING lN PROGRESS PURPOSES, THIS ORDINANCE
SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE.
5:10 p.m. First Readinq Public Hearinq Office of the CityAttorney
Commissioners John Elizabeth Aleman & Joy Malakoff
Supplemental updated on 6127 12017
(Updated Memorandum, Commissioner Aleman's statement, and Gannabis - 500 foot radius Map)
2
c'l4
,f*lAl\,{1*rAtH
OFFICE OF THE CITY ATTORNEY
RAUI J. AGUII.A, CITY AITORNEY
To; Mayor Philip
Levine
Memhrc of the City Commission
Jimmy L. Morales, Cfu Manager
Agenda ltem
Date
COMMISSION MEMORANDUM
cc:
From:
Date:
Subject:
Rafael Granado, City Clerk
RaurJ. Asuira, "-r;;;&-l- 0f '(*
June
28, 20'17
A RESOLUTION OF THE IIIAYOR AND CITY COMM|SSION OF THE CITY CIF
TSIATII BEACH, FLORIDA, REPEALING RESOLUTION NO. EO{7.29907 AND
CALLING FOR A SPECIAL ELECTTON ON NOVEmBER
7, 2017, FOR THE
PURPOSE OF SUBilllTTlNG TO THE ELECTORATE OF THE CITY OF [tIlAl,tl
BEACH, FLORIDA A BALLOT QUESTION ASKING I'YHETHER
THE CITY
COiilMISSION SHALL ADOPT AN ORDINANCE GHANGING
THE CURRENT
5:00 A.kl. TERIIIINATION TIME TO 2:00 A.M. FoR THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES ON PRIVATE PROPERTY AT
ALCOHOLIC BEVERAGE ESTABLISHTSENTS LOCATED
ON OCEAN DRIVE
FROM 5TH TO {sTH STREETS, EXEMPTIHG FROM THIS
TIUE CHANGE
THOSE INDOOR PORTIONS OF ALCOHOLIC BEVERAGE
ESTABLISHITiENTS THAT ARE COMPLETELY ENCLOSED
AND LOCATED
ENTIRELY UYITHIN HOTELS.
{ADDENDUM TO C|TY
ATTORNEY mEmORANDUiT}
This Memorandurn shall serve as an Addendum to the City Attorney's Memorandum and
Resolution printed
as ltem C7A on the June 28, 2A17 City Commission
meeting agenda.
lnasmuch as
the subject ballot measure concerns a proposed Ordinance amending
the City's
Land Developrnent Regulations, the City's Planning Director has prepared the attached analysia
of the legislation.
ln the event the Cig's voters approve the subject ballot measure, the Ordinance will, pursuant to
City Charter Section 2.05' and City Oode Sections 11&163 and 118-164, proceed to the City's
Planning Board and Gity Commission for public hearings thereon, after which process the
Ordinance will be adopted by the City Commission.
The record frorn the City Commiesion's discussion regarding
the proposad ballot measure,
listed on the June 7,2017 City Commission meeting agenda as ltem R7Q, is hereby adopted
and incorporated herein.2
ilProposed ordinances which enact or amend the City's Zoning Ordinance or [C]omprehensive Plan of
the Ci$ of Miami Beach shall
be adopted according io the procedures set forth in the City of Miami
Beach's Zoning Ordinance." City Charter Section 2.05.
2 This record established that the sale of alcoholic beverages on Ocean Drive between Sth and 15th
Streeb after 2:00 a.m. has contributed to increased crime and has placed signifrcant demands on public
safety resources, to the detriment of the public health, safety, and welfare of the residents of Mismi
Beach.
3
MIAMIBEACH
City of *tiami Beoch, 1700 Convention Cenl*r Drira, Miomi 8eoch, Florido
33 1
39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City
Commission
Jimmy L. Morales, City Manager
Thomas R.
Mooney, AICP
Planning Director
June 28, 2017
Ballot Question regarding Ocean Drive alcohol hours of sale
TO:
FROM:
DATE:
SUBJECT:
The Planning Department has reviewed
the Resolution
calling for a special election and hereby
submits the following analysis to the City Commission. The Ordinance proposed in the ballot
measure would amend the MXE district regulations to change the curent 5:00 a.m. termination
time to 2:00 a.m.
for the sale and consumption of alcoholic beverages on private property at
alcoholic beverage establi$hments located on Ocean Drive from Sth to 15th
Streets, exempting
from this time change those indoor portions
of alcoholic beverage establishments
that are
completely enclosed and located entirely within hotels.
The Ordinance, which is applicable only
to a portion
of the MXE zoning district, creates
restrictions on the hours of sale of alcoholic beverages by certain alcoholic beverage
establishments. The proposed restrictions are within the City's authority
to regulate
the hours
of
sale of alcoholic beverages.
The Ordinance is consistent with the Future Land Use Element of the City's Comprehensive
Plan and, accordingly, requires no amendment
to the Comprehensive Plan.1 Additionally, as
the Ordinance does not propose to rezone the subject portion of
the MXE district,
the Ordinance
does not constitute a map amendrnent. The Ordinance further does
not constitute a
development order as it does not rnodify any City building permits, land development board
orders, or other development orders.
rSee Policy 1.2, Future Land Use Element. MiamiBeach 2025 Comprehensive Plan.
4
Asenda rtem RIj<ox"@
MIAMIBEACH
City
of Miami Beach, 1700 Convention
Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and
Members of the City Commission
Jimmy L. Morales, City Manager
Raur Aguira,
.,,, o;;;,g^l 0rl-
June 28,2017
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PERTAINING
TO ESTABLISHING A TEMPORARY
MORATORIUM FOR
SIX MONTHS FROiN
THE EFFECTIVE
DATE OF THIS
ORDINANCE ON THE ACCEPTANCE, REVIEW,
APPROVAL OR ISSUANCE
OF ANY LAND DEVELOPMENT PERIUITS
AS THE TERM
IS DEFINED IN
FLORTDA
STATUTES SECTTON
163.3164(16), BUSTNESS
TAX RECEIPTS OR
ANY OTHER LICENSE
OR PERMIT FOR
THE ESTABLISHMENT OR
OPERATION
OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN
THE ON.SITE DISTRIBUTION, SALE, DELIVERY
OR RETAIL
OF LOW.THC
CANNABIS, MEDICAL CANNABIS
OR CANNABIS DELIVERY DEVICES
PURSUANT
TO SECTIONS
381.986
AND 499.0295
OF THE FLORIDA
STATUTES, IN ORDER TO PROVIDE
THE CITY WITH
AN OPPORTUNIW TO
REVIEW
AND ENACT REGULATIONS GOVERNING
THE ESTABLISHMENT
AND OPERATION
OF DISPENSING
FACILITIES; PROVIDING PENALTIES
FOR VIOLATION HEREOF; PROVIDING FOR
SEVERABILITY; REPEAL OF
CONFLICTING ORDINANCE PROVISIONS;
AND PROVIDING
FOR AN
EFFECTIVE
DATE RETROACTIVE
TO JUNE 28, 2017; FOR ZONING tN
PROGRESS PURPOSES,
THIS ORDINANCE
SHALL
BE EFFECTIVE UPON
FIRST READING OF THIS ORDINANCE.
Backqround
On February
10, 2016,
at the request
of Commissioner Michael Grieco, the City
Commission referred
a discussion item
to the Land Use and Development Committee
(LUDC) relating
to medical
cannabis. Commissioner Grieco desired
to discuss, in
anticipation of the statewide initiative
under "ballot
question 2," regulations relating to
medical
cannabis. The statewide initiative ballot proposed to allow
the use of marijuana
for debilitating medical
conditions. Due
to the historical
federal and
state prohibition of
cannabis as
an illegal narcotic,
the City
of Miami Beach
did not have any land
development regulations
nor business
tax receipt procedures to govern the use of
real property for the purpose of on- site distribution,
sale, delivery or retail
of low-
THC cannabis, medical cannabis
or cannabis delivery
devices. Commissioner
Grieco sought to explore land use regulations relating
to medical cannabis,
in case
5
Memorandum on moratorium relating to medical marijuana treatment centers
June 28,20'17
Page 2 of 5
the statewide ballot was enacted.
Statewide Ballot on the Use of Mariiuana
for Debilitatins Medical
Conditions:
On November
8, 2016,
a supermajority
of Florida
voters (79 percent
of Miami Beach
residents) approved Amendment 2
to the Florida
Constitution, entitled "Use of Marijuana
for Debilitating Medical Conditions."
Amendment 2 generally provides for the following in
the Florida Constitution, at Article
X, Section 29:
"Allows medical use of marijuana
for individuals
with debilitating medical conditions as
determined by a licensed Florida physician. Allows caregivers
to assist patients' medical
use of marijuana.
The Department
of Health
shall register
and regulate centers that
produce and distribute marijuana
for medical purposes and shall issue identification
cards to patients and caregivers. Applies only
to Florida law. Does
not immunize
violations of federal law or any non-medical use, possession or production of marijuana."
The Amendment required
that the Florida Department
of Health provide rules
for the
implementation
of the Amendment
within
six (6) months
of the effective
date
of the
Amendment, which was January
6,2017. Due
to the potential for impacts to surrounding
areas, the City started considering regulations regarding the location and requirements
for medical marijuana dispensaries, in advance of any potential state regulations taking
effect, to ensure that potential impacts are minimized and mitigated.
The Amendment recognized
the public policy that the medical use of marijuana by a
qualifying patient or caregiver in compliance
with Section 29 of the Constitution is not
subject
to criminal
or civil liability
or sanctions
under Florida
law. Section 29 also
recognizes that a physician shall not be subject
to criminal
or civil liability
or sanctions
under Florida
law solely for issuing
a physician certification with reasonable care to a
person diagnosed with
a debilitating medical condition; and actions
and conduct by a
Medical Marijuana Treatment Center registered
with
the Department,
or its agents or
employees, and in compliance
with Section 29 and Department regulations, shall not be
subject
to criminal or civil liability or sanctions
under Florida law.
Gitv
Lesislative Historv on Medical Cannabis
On November
9, 2016,
the City Commission adopted
a five (5) month moratorium on
medical marijuana dispensaries sponsored by Commissioner Ricky
Arriola), retroactive
to October 19, 2016 (Ordinance No. 2016-4051). Additionally,
the City Commission
referred
the draft legislation pending in the Land Use
& Development Committee
to the
Planning
Board. The City Commission adopted
the moratorium so that the City could
create rules and regulations relating to the location, and minimum zoning and licensure
requirements for
the industry.
On November 16, 2016,
the Land Use
and Development Committee (LUDC) discussedthe item
and continued
it to a date certain
of December
12, 20i6.
On December 12, 2016,
the LUDC discussed
the item and recommended that
the City
Commission extend the current moratorium on medical marijuana facilities
for three (3)
months
and continued
the item to January 18,2017. The Committee also requested that
staff analyze additional areas for
the location
of medical marijuana facilities, and bring
these findings back on
January 18,2017.
On January 25,2017, the moratorium extension was approved by the City Commission
6
Memorandum on moratorium relating to medical marijuana treatment centers
June 28,2017
Page 3 of 5
on First Reading. However,
on February
8, 2017, the extension failed
at Second
Reading and the moratorium
was NOT extended. The moratorium that was adopted on
November 9, 2016 expired on March
18,2017.
Based, originally, upon
the direction of Commissioner
Grieco (who later withdrew his
sponsorship due to a perceived conflict of interest);
then at the direction of Commission
Arriola (who became an interim sponsor
of the Legislation); once again Commissioner
Grieco (who had determined
that he did not have a conflict of interest), and, finally,
under the direction
of the sponsorship of Commissioner Aleman,
staff drafted land
development regulations
and business tax receipt legislation for the regulation of
medical cannabis. The proposed legislation
took into consideration, amongst other
factors,
the safety concerns raised
by the police department,
the proposed distance
requirements
of such medical cannabis dispensaries [recommended by the various
sponsors and
the Land Use
and Development
Committeel from parks, schools and
residential districts, so as to ensure that
the proposed medical cannabis dispensaries
would not be a cause of concern for
the health,
safety, and welfare, of the residents, and
minor children
of Miami Beach.
On January 18,2017, the LUDC discussed
the item
and continued it
to a date certain of
February 15, 2017,
to allow for the review
of related proposed amendments regarding
the issuance
of Business Tax Receipts for medical cannabis facilities.
On February 15,
2017, the LUDC recommended
that the Planning Board transmit
the proposed
Ordinance
to the City Commission
with a favorable recommendation. On February 28,
2017,
the Planning Board recommended
approval
of the proposed ordinances, and
zoning in progress was implemented.
Sometime
after February
15, 2017, Commissioner
Grieco again withdrew his
sponsorship
of the ordinances. As
a result,
to fulfill
the directive
of the voters,
Commissioner Aleman became
the final sponsor
of the legislation: (1) a BTR medical
cannabis ordinance;
and (2) land development
regulations
of medical cannabis
dispensaries. The draft ordinances
were approved at First Reading
on June 7, 2017.
Second Reading, public hearing, is
scheduled for
July 26,2017.
State Leqislation:
During the regular legislative session the Florida House
and Senate failed
to obtain a
consensus
on medical marijuana. As
a result,
the regulation session ended, without a
final bill. The bill that,had been proposed authorized
local regulation
by municipalities
and counties, as
to the zoning
of medical marijuana dispensaries, and authorized local
business licensure. The proposed ordinances
sponsored by Commissioner Aleman were
drafted to be consistent with the proposed state legislation.
However,
on June
9, 2017, the Florida Legislature,
during
a special session
- in less
than 48 hours
time
- introduced,
modified, and passed, in both houses,
a new cannabis
bill (SB 8-A,
3rd Engrossed). Governor Rick Scott signed
the bill into law
on June 23,
2017. Under the enacted bill, medical cannabis
can be administered
for the following
ailments: cancer, epilepsy, glaucoma, HlV, AIDS, amyotrophic lateral sclerosis, Crohn's
disease, Parkinson's disease, multiple sclerosis,
terminal conditions, chronic
nonmalignant pain, and similar conditions
to the above listed
ailments. The law allows
for 10 companies
to be licensed
to cultivate, distribute,
and to sell medical cannabis
through medical marijuana treatment
centers. Each licensee
can also deliver medical
7
Memorandum on moratorium relating to medical marijuana treatment centers
June 28,2017
Page 4 of 5
marijuana
to an eligible patient's home.
The law provides, effective
no later
than July
3, 2017,
that the licenses issue for the
cultivation, processing, manufacturing, distribution and sale
through medical maruuana
treatment centers (what the City has called "medical cannabis dispensaries" or "medical
marijuana dispensaries"). The law allows for
a maximum
of 25 treatment centers,
Statewide, per license
holder. Once there
are 100,000 registered patients, the numberof treatment centers
a license holder
has, may increase
by five (5),
on a
statewide. Every
time there is an additional 100,000 patients registered, each license
holder can add an additionalfive (5) treatment centers, statewide.
The law regulates
the distribution of the Statewide number
of treatment centers by
region, calculated based upon a percentage of the county population estimates from the
"Florida Estimates
of Population 2016."
The State has
a population
of 20,148,654 and
Miami-Dade County has a population of 2,700,794 (7.5 % of the state's population). !f
the 25
treatment center "initial" maximum is divided by 7.5 percent, it appears that 3.5-4
(rounded up) treatment centers, per license holder,
can be located in Miami-Dade
County. Theoretically,
with 10 license holders, and 4 treatment centers allowed in the
region, per each license holder, there
could be up to 40
treatment centers in Miami-Dade
County. This number
would rise
by 5 treatment center, per license holder, every
1
00,000 registered patients.
State Preemption
Additionally,
the law provides, in relevant part, that
the regulation of medical
marijuana is
preempted to the State, except as to the following:
(1) the "medical marijuana treatment center (medical cannabis dispensary)
cannot be
within 500 feet
of a public
or private elementary
school, middle
school,
or secondary
school unless the county or municipality approves the location through a formal
proceeding open
to the public at which the county or municipality determines that the
location promotes the public health, safety, and general welfare of the community;
(2) that a city [or county] may ban medical marijuana
treatment centers entirely;
or
(3), if
a city does not ban medical marijuana treatment centers, the city "may !!g! place
specific limits, by ordinance, on the number of dispensing facilities that may locate within
[that city]." Additionally,
a city "may not enact ordinances
for permitting
or for
determining the location
of dispensing facilities
which
are more restrictive
than its
ordinances permifting
or determining
the locations for pharmacies licensed under
chapter 465. A municipality
or county may not charge
a medical marijuana treatment
center a license
or permit fee in an amount greater than the fee charged by such [city] to
pharmacies."
(4) The preemption provisions of the state law
does not prohibit any local jurisdiction
from ensuring medical marijuana treatment center facilities comply with
the Florida
Building Code, the Florida
Fire Prevention Code, or any local
amendments to
the Florida
Building Code or the Florida Fire Prevention Code.
8
Memorandum on moratorium relating
to medical marfiuana treatment centers
June 28,20'17
Page 5 of 5
Gonclusion
The enacted Senate Bill 8A, would in effect require
the City to either ban medical
maruuana treatment centers,
or if
the City authorizes
the use, it
shall be required to treat
such treatments centers like pharmacies (excluding areas within 500 feet
of a school).
Theoretically, if the use is
authorized by the City Commission, a large number of medical
marijuana
treatment centers could operate
on Miami Beach.
Under the existing land development regulations, pharmacies, unless prohibited by an
overlay, such as on Lincoln Road,
or as part of the proposed Formula Retail ordinance
affecting the MXE, are permitted, as right
in any 11,
CD (CD-l, CD-2,
CD-3)
or CpS
(CPS-1, CPS-2, CPS-3, CPS-4) district. Additionally,
they are an allowable accessory
use to:
1. Apartments and hotels in
the RM3 district.
2. Hotels in
the RM-2 district.
3. They may also be permitted as an accessory use
to apartments
and hotels
in the
RPS-4 district.
4. As an accessory
to hotel
or apartment,
they may
also be permitted
in limited
locations (pending distance separation)
in MXE, should
the formula retail ordinance be
enacted on June 28,2017.
The enacted Senate Bill 8-A has preempted the content
of Commissioner Aleman's
proposed draft
ordinances. All regulation of the number
of medical cannabis treatment
centers, their location, and regulation
via licensure (BTR) cannot be enacted.
Based upon the enactment
of Senate
Bill 8A,
and its possible impacts on the Cityof Miami Beach,
it is the recommendation
of the City Aftorney's office to
implement
a new
moratorium relating
to medical marijuana treatment centers so
as to best determine whether
to allow
the use
or to further regulate pharmacies
and
treatment centers.
9
MIAMIBTACH
City of Miami Beach, 1700 Convention Center Drive, Miami
Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and
Members of the City Commission
Jimmy L. Morales,
City Manager
FROM: Commissioner John Elizabeth Aleman
DATE: June28,2017
SUBJECT: Moratorium on Medical Marijuana Treatment Centers.
Statement
to be read into
the record
ln 2016,
a supermajority of Florida voters supported
the legalization
of medical
marijuana. ln fact, 79 percent of all Miami Beach voters supported medical marijuana.
Since February 2016, nine months prior
to the approval of the Constitutional
Amendment, the City Commission had been considering enacting ordinances relating to
the proper location for, and regulation of, medical marijuana treatment centers. ln fact,
when
the original sponsor of the ordinances, Commissioner Michael Grieco, withdrew
his sponsorship on or about February 2017, I stepped up to the plate
to ensure that
proper regulations would
be put into place.
During the regular session which ended in May 2017, the Florida Legislature had
negotiated a medical marijuana bill that would have provided local zoning control to the
counties and cities of Florida. Based upon that draft bill, the City of Miami Beach had
begun drafting a medical
cannabis licensure (BTR) ordinance that would ensure proper
background checks, security measures, bonding, etc. The City was also proposing to
create four districts in which
a medical cannabis dispensary could open. The City
wanted
to make sure that the use was not immediately adjacent to residential districts
that
the use was not adjacent to private or public schools;
or parks; and that sufficient
safeguards were in place
to ensure that the use would not interfere with
the general
health, safety and welfare of the community at large. Second reading of the ordinances
is scheduled for July 26,2017.
Unfortunately,
the ordinances are now
moot. On June 23, 2017, Governor Rick Scott,
signed into law Senate Bill 8-A, which has preempted
the City from enacting the
proposed medical marijuana treatment center ordinances. ln short, unless the City
completely prohibits any medical marijuana treatment center from opening in the City,
the State law would require the City to regulate "medical marijuana treatment centers,"
unless those treatment centers are located within 500 feet of a public or private school,
equal to a pharmacy. As pharmacies are currently allowed in almost all commercial and
mixed use districts of the City, as well as within multifamily residential districts, the City
10
June 28, 2017
Page2ot2
would not be able to control
the number
of treatment centers,
or regulate
the hours of
sale, the signage, advertising, or security for such establishments.
Due
to the State law, it is clear that it is necessary for the City to implement a
moratorium.
The impacts
of the State law on the economy of the City, on police
resources, and on
the quality of life of our residents are uncalculated. The moratorium
would enable the City
to be better prepared for allowing medical marijuana treatment
centers
- in
the proper locations and with the proper restrictions.
11
Legend
: : Miami Beach Boundaru
Parcels
Elem., Mid., or High Schools
I Otn"t S"nools (Research Needed to See il Statute Appliss)
l--l Et"r., Mid., or High schools soo' Bufier
ffi ottrer Schools 5oo'Buffer
Zonas Where Pharmacies Allowed
Zonss Where Pharmacies are not Allowed
12