2017-4133 OrdinanceMedical Cannabis Treatment Centers
and Pharmacy Store Land Use Regulations
ORDINANCE NO. 2017 -4133
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE,
ENTITLED "GENERAL PROVISIONS," TO DEFINE THE FOLLOWING
DEFINITIONS: CANNABIS, MEDICAL CANNABIS TREATMENT CENTER,
DISPENSING ORGANIZATION, PHARMACY STORE, AND TERMS
RELATING TO MEDICAL CANNABIS, MEDICAL CANNABIS TREATMENT
CENTERS, CONVENIENCE STORES, AND PHARMACY STORES;
AMENDING CHAPTER 118, ENTITLED "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE IX, ENTITLED "NONCONFORMANCES," AT
SECTION 118 -393 TO ESTABLISH REFERENCES TO ADDITIONAL
NONCONFORMING REGULATIONS WITHIN CHAPTER 142, DIVISION 10,
FOR MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY
STORES, IDENTIFYING PROHIBITED USES; AMENDING CHAPTER 130,
ENTITLED "OFF- STREET PARKING," ESTABLISHING MINIMUM PARKING
REQUIREMENTS FOR "MEDICAL CANNABIS TREATMENT CENTERS" AND
"PHARMACY STORES" AND PROHIBITING PARTICIPATION IN THE FEE IN
LIEU OF PARKING PROGRAM; AMENDING CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," BY CREATING DIVISION 10,
ENTITLED "CANNABIS AND PHARMACY STORE REGULATIONS AND
USE," AND AMENDING SECTIONS 142 -1501 TO 142- 1505, RELATING TO
APPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATING
AREAS FOR THE USE, NONCONFORMING USE REGULATIONS RELATING
TO THE USE, ZONING REQUIREMENTS RELATING TO THE USE, AND
PROHIBITING CULTIVATION, PRODUCTION OR POSSESSION OF
CANNABIS PLANTS; PROVIDING FOR PENALTIES, ENFORCEMENT AND
APPEALS; AMENDING CHAPTER 102, "TAXATION," ARTICLE V, "LOCAL
BUSINESS TAX" AT SECTION 102 -379, "SCHEDULE OF TAXES,
EFFECTIVE OCTOBER 1, 2016" TO PROVIDE NEW BUSINESS TAX
RECEIPT FOR SAID USES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, pursuant to the Compassionate Medical Cannabis Act of 2014, the Florida
Legislature authorized a very limited number of large nurseries to cultivate, process, and
dispense non - euphoric, low -THC cannabis and operate dispensing organizations, as of January
1, 2015; and
WHEREAS, in 2016, the Florida Legislature amended Section 381.986 of the Florida
Statutes to include medical cannabis, revise the requirements for physicians ordering low -THC
cannabis, medical cannabis, or cannabis delivery devices, amend the requirements for the
cultivation, processing, transportation, and dispensing of low -THC cannabis or medical
cannabis, revise the Florida Department of Health's authority and responsibility and provide for
penalties; and
WHEREAS, due to the historical prohibition of cannabis, the City of Miami Beach
does not currently have any land development regulations governing the use of real
property for the purpose of on -site distribution, sale, delivery or retail of low -THC cannabis,
Page 1 of 22
medical cannabis or cannabis delivery devices as provided by Florida Statutes Sections
381.986 and 499.0295; and
WHEREAS, on November 8, 2016, Florida voters approved Amendment 2 to the Florida
Constitution, entitled "Use of Marijuana for Debilitating Medical Conditions;" and
WHEREAS, Amendment 2 "Allows medical use of marijuana for individuals with
debilitating medical conditions as determined by a licensed Florida physician;" "it allows
caregivers to assist patients' medical use of marijuana." And, Amendment 2 requires that "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."
WHEREAS, Amendment 2 applies only to Florida law; and "does not immunize
violations of federal law or any non- medical use, possession or production of marijuana;" and
WHEREAS, on June 9, 2017, the Florida Legislature adopted Senate Bill 8A, which
provides regulations for implementing Amendment 2, and establishes the definition of
medical marijuana treatment centers and parameters for municipal action; and
WHEREAS, Senate Bill 8A requires that a "municipality that does not ban dispensing
facilities (medical cannabis treatment centers) under this subparagraph may not place specific
limits, by ordinance, on the number of dispensing facilities (medical cannabis treatment centers)
that may locate within that county or municipality;" and
WHEREAS, Senate Bill 8A requires that a "municipality may not enact ordinances for
permitting or for determining the location of dispensing facilities (medical cannabis treatment
centers) which are more restrictive than its ordinances permitting or determining the locations
for pharmacy stores licensed under chapter 465 (pharmacies, pharmacy stores);" and
WHEREAS, 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) unlike prior versions, which 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 school; (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 not
place specific limits, by ordinance, on the number of dispensing facilities (medical cannabis
treatment centers) that may locate within [that city]." "The city may determine by ordinance the
criteria for the location of, and other permitting requirements that do not conflict with state law or
department rule for, medical marijuana treatment center dispensing facilities located within the
boundaries of [the city]." Additionally, a city "may not enact ordinances for permitting or for
determining the location of dispensing facilities (medical cannabis treatment centers) which are
more restrictive than its ordinances permitting 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; and
WHEREAS, the Governor signed Senate Bill 8 -A into law on June 23, 2017; and
WHEREAS, the Mayor and City Commission finds it is in the best interest of the
citizens of the City to minimize and control the adverse effects of dispensing facilities
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(medical cannabis treatment centers) by adopting appropriate land development and
licensing regulations; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) declaring a national
opioid epidemic has been occurring in the Unites States, which has been an epidemic plague to
the nation since February 2011; and
WHEREAS, Governor Rick Scott on May 3, 2017, declared the opioid epidemic a
public health emergency — some four (4) years after it began cutting a deadly swath through
the Sunshine State; and
WHEREAS, Florida has been hit especially hard by the deadly opioid overdose
epidemic; and
WHEREAS, in 2015, heroin, fentanyl and oxycodone were directly responsible for the
deaths of 3,896 Floridians, according to the most recent Florida Department of Law
Enforcement statistics, which is s about 12 percent of all the 33,000 people nationwide who died
that year of opioid overdoses; and
WHEREAS, Last year in South Florida, the morgues in Palm Beach County were
strained to capacity by 525 fatal opioid overdoses, the Sun Sentinel newspaper reported in
March 2017; and
WHEREAS, the deadly cocktail of heroin mixed with fentanyl or carfentanil figured in 220
deaths in Miami -Dade County last year, the paper reported. And 90 percent of the fatal drug
overdoses in Broward County involved heroin, fentanyl or other opioids; and
WHEREAS, the declaration allows the state to tap more than $54 million in U.S.
Department of Health and Human Services grant money to pay for prevention, treatment and
recovery services; and
WHEREAS, the Governor also gave the green Tight to state Surgeon General Celeste
Philip to start distributing the anti - overdose treatment Naloxone to first responders; and
WHEREAS, on November 1, 2105, the American Pharmacists Association published the
article "Pharmacies in the crosshairs: Prescription drug crime and law enforcement," which
advises that the industry is in the cross- hairs; and
WHEREAS, according to the article, "It gets dangerous for pharmacists who discover
that a prescription was issued for other than a legitimate medical purpose and is clearly
intended for drug diversion, or who have to say no because "some very aberrant behavior is
going on "— there's no telling what kind of reaction they'll get from the consumer in the
pharmacy. "You don't know what's going to come out from underneath the overcoat," Jackson
said. "I've had to look down the barrel of a gun before. So, I know precisely how that feels ";" and
WHEREAS, according to the article on the law enforcement side of prescription drug
abuse —there has been a rise in pharmacy crime, such as robberies;" and
WHEREAS, in 2011, there were 689 crimes related to opioids and pharmacies reported
to the DEA, and in 2015, that number has increased to 916 (with not all crimes being reported to
the DEA); and
Page 3 of 22
WHEREAS, on September 30, 2015, Pharmacists Mutual Insurance Company
announced publication of a report, Pharmacy Crime: A Look at Pharmacy Burglary and Robbery
in the United States and the Strategies and Tactics Needed to Manage the Problem
(https: // apps. phmic. com/ RMNLFIipbook /PharmacyCrime2015 /); and
WHEREAS, the industry recommends that pharmacies start protecting its window
and have an alarm system and strong locks on the doors; to harden the pharmacy by doing
things that make it Tess attractive to the potential criminal ( "Before a criminal robs a pharmacy or
burglarizes it, they have been in that pharmacy multiple times. They're checking to look at the
security. If they feel it's going to be a difficult target, they will move down the street and find
another pharmacy to go after. "), and to pay attention to what is happening in the area that the
pharmacy is in ( "We find that a lot of the techniques we see the criminals follow are very
regional. Some parts of the country, they pry back doors open. Other parts, they cut a hole
through the ceiling. In Indiana, the big thing is `I'm just going to take a gun and walk into the
store.' So pay attention to what is going on, and then build your defenses around that. "); and
WHEREAS, based upon the foregoing, it is vital to protect the residents and visitors
of the City of Miami Beach from the opioid epidemic and to ensure that the City's
pharmacists and residents are safe from crime caused by the epidemic — crime which has
affected the entire nation; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 114 of the Land Development Regulations, entitled "General Provisions,"
is hereby amended as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114 -1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Cannabis or marijuana means all parts of any plat 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, cannabis derivative product, mixture or preparation of the plant of
its seeds or resin.
Cannabis delivery devices means a device utilized for the consumption of prescribed
medical cannabis or low -THC cannabis. Such devices can only be sold to a qualified patient
Page 4 of 22
that has been prescribed medical cannabis or Low -THC cannabis or someone authorized by
the qualified patient or the qualified patient's legal representative authorized to receive the
device on the qualified patient's behalf.
Cannabis derivative product means any form of medical cannabis or low -THC cannabis
that is suitable for routes of administration.
Convenience store means a retail store with direct access from the street or sidewalk
containing less than 6,000 square feet of floor area that is designed and stocked to sell primarily
food (packaged and /or prepared), beverages, newspapers, magazines, and other household
supplies to customers who generally purchase a relatively few number of items (in contrast to a
"grocery store" or "super market "). It is designed to attract and depends upon a large turnover of
customers. A store that markets itself as a "pharmacy store" or "pharmacy" in addition to selling
the goods described above, but that does not provide pharmacy services, including the
dispensing of medicinal drugs by a pharmacist shall be considered a convenience store and not
a pharmacy or pharmacy store.
Dispensing organization means an organization approved by the state to cultivate,
process, transport, and dispense low -THC cannabis or medical cannabis.
Low- tetrahydrocannabinol cannabis or low -THC cannabis means a plant of the genus
Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and
more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted
from any part of such plant; or any compound, manufacture, salt, cannabis derivative product,
mixture, or preparation of such plant or its seed or resin that is dispensed only from a
dispensing organization approved by the Florida Department of Health pursuant to Section
381.986, Florida Statutes.
Low -THC cannabis treatment center means an establishment where low -THC cannabis
is dispensed at retail.
*
May means permissive, not required.
*
Medical cannabis or medical marijuana 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, sale, cannabis derivative product, mixture, or
preparation of the plant or its seeds or resin that is dispensed only from a dispensing
organization for medical use by an eligible patient.
Medical cannabis treatment center or dispensing facility means an establishment where
medical cannabis, low -THC cannabis, as well as cannabis delivery devices, is dispensed at
retail that is operated by a dispensing organization.
Page 5 of 22
Medical use of cannabis means administration of the ordered amount of low -THC
cannabis or medical cannabis. The term does not include the:
(a) Possession, use, or administration of low -THC cannabis or medical cannabis by or
for smoking; or
(b) Transfer of low -THC cannabis or medical cannabis to a person other than the
qualified patient for whom it was ordered or the qualified patient's legal
representative authorized to receive it on the qualified patient's behalf.
rc Use or administration of low -THC cannabis or medical cannabis:
i. On any form of public transportation.
ii. In any public place.
iii. In a qualified patient's place of employment, if restricted by their employer.
iv. In a correctional institution.
v. On the grounds of any child care facility, preschool, or school.
vi. On or in any vehicle, aircraft, or motorboat.
Must means a mandatory and not merely directory action or requirement. The term is
interchangeable with the word "shall."
Pharmacy store means a pharmacy as defined in Section 465.003 Florida Statutes.
Shall means a mandatory and not merely directory action or requirement. The term is
used interchangeable with the word "must"
State qualified dispensing organization means a qualified dispensing organization or
medical marijuana treatment center or other organization qualified to cultivate, process,
transport, and dispense low -THC cannabis or medical cannabis by the Florida Department of
Health, or successor agency, pursuant to Chapter 381, Florida Statutes.
Vapor lounge shall mean a commercial establishment at which individuals consume
cannabis, medical cannabis, or low -THC cannabis.
Page 6 of 22
SECTION 2. Chapter 118 of the Land Development Regulations, entitled "Administration and
Review Procedures," Article IX, entitled "Nonconformances" is hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
ARTICLE IX. - NONCONFORMANCES
Sec. 118 -393. — Nonconforming use of buildings.
(a) Except as otherwise provided in these land development regulations, the lawful use of a
building existing at the effective date of these land development regulations may be
continued, although such use does not conform to the provisions hereof. Whenever a
nonconforming use has been changed to a conforming use, the former nonconforming
use shall not be permitted at a later date. A nonconforming use shall not be permitted to
change to any use other than one permitted in the zoning district in which the use is
located.
(b) A nonconforming use of a building shall not be permitted to extend throughout other
parts of that building.
(c) For specific regulations for nonconforming uses related to medical cannabis treatment
centers and pharmacy stores, see Section 142- 1502(d).
Section 3. Chapter 130 of the Land Development Regulations, entitled "Off- Street Parking," is
hereby amended as follows:
Chapter 130
Off - Street Parking
Sec. 130 -32. - Off - street parking requirements for parking district no. 1.
(32) Reyes Medical cannabis treatment center, pharmacy store: 1 space per 250 300
square feet of floor area.
Sec. 130 -33. - Off - street parking requirements for parking districts nos. 2, 3, 4, 5, 6, and 7.
Except as otherwise provided in these land development regulations, when any building
or structure is erected or altered in parking districts nos. 2, 3, 4 and 5 accessory off- street
parking spaces shall be provided for the building, structure or additional floor area as follows.
Page 7 of 22
There shall be no off - street parking requirement for uses in this parking district except for
those listed below:
*
4A Medical cannabis treatment center •harmac store: 1 s•ace •er 250 300 s•uare feet of
floor area.
Sec. 130 -131. - Generally.
A fee in lieu of providing parking may be paid to the city in lieu of providing required
parking on- site, or within 1,200 feet of the site in the architectural district or otherwise within
500 feet of the site, only in the following instances, except that parking requirements for
accessory commercial uses in newly constructed buildings within the Collins Waterfront Historic
District in an area in the RM -2 zoning district that is bounded by 41st Street on the south and
44th Street on the north, and for medical cannabis treatment centers and pharmacy stores shall
be satisfied by providing the required parking spaces, and may not be satisfied by paying a fee
in lieu of providing parking.
*
Section 4. Chapter 142 of the Land Development Regulations, entitled "District Regulations,"
is hereby amended as follows:
CHAPTER 142
DISTRICT REGULATIONS
DIVISION 10
CONTROLLED SUBSTANCES REGULATIONS AND USE
Sec. 142 -1500 — Intent.
Section 381.986, Florida Statutes, and Florida Administrative Code Chapter 64 -4 authorize a
limited number of dispensing organizations throughout the State of Florida to cultivate,
process, and dispense low - tetrahydrocannabinol (low -THC) cannabis and medical cannabis
for use by qualified patients suffering from cancer, terminal conditions, and certain chronic
conditions as defined in 381.986(2), Florida Statutes. The state qualified dispensing
organizations must be approved by the Florida Department of Health and, once approved, are
subject to state regulation and oversight and zoning approval through the City's procedures.
The intent of this division is to establish the criteria for the location and permitting of
establishments that dispense low -THC cannabis er—medical cannabis and medicinal dru•s in
accordance with Section 381.986, Florida Statutes, and Florida Administrative Code Chapter
64 -4.
The intent is also to regulate pharmacy stores to better protect the industry, the residents and
visitors to the City of Miami Beach from the national emergency, and the State of Florida
Page 8 of 22
declared public health emergency due to the opioid epidemic. In 2015, heroin, fentanyl and
oxycodone were directly responsible for the deaths of 3,896 Floridians, according to the most
recent Florida Department of Law Enforcement statistics, which is s about 12 percent of all the
33,000 people nationwide who died that year of opioid overdoses. Last year in South Florida,
the morgues in Palm Beach County were strained to capacity by 525 fatal opioid overdoses, the
Sun Sentinel newspaper reported in March 2017. The deadly cocktail of heroin mixed with
fentanyl or carfentanil figured in 220 deaths in Miami -Dade County last year, the paper reported.
And 90 percent of the fatal drug overdoses in Broward County involved heroin, fentanyl or other
opioids, On November 1, 2105, the American Pharmacists Association published the article
"Pharmacies in the crosshairs: Prescription drug crime and law enforcement," which advises
that the industry is in the cross - hairs. And according to the article on the law enforcement side
of prescription drug abuse —there has been a rise in pharmacy crime, such as robberies. Oln
September 30, 2015, Pharmacists Mutual Insurance Company announced publication of a
report, Pharmacy Crime: A Look at Pharmacy Burglary and Robbery in the United States and
the Strategies and Tactics Needed to Manage the Problem
( https: // apps. phmic. com/ RMNLFIipbook /PharmacyCrime2015 /) and recommend enhanced
safety measure to protect from the opioid crisis and the City of Miami Beach desires to
implement regulations to protect the residents, visitors and pharmacists in the City.
Sec. 142 -1501 – Applicability.
This division shall only be construed to allow the dispensing of low -THC cannabis or medical
cannabis by a state qualified dispensing organization for medical use of cannabis. The sale of
cannabis or marijuana is prohibited the City of Miami Beach except in a medical cannabis
treatment center approved in accordance with this Division.
Pharmacy stores shall be required to comply with the provisions of this division to ensure the
safety and security of the community, residents and the employees of a pharmacy store from
crimes associated with the opioid epidemic.
Sec. 142 -1502. – Zoning districts allowing medical cannabis treatment centers, pharmacy
stores and related uses, prohibited locations, and nonconforming uses.
Any term not specifically defined in these land development regulations shall maintain the
meaning provided for in chapter 381, Florida Statutes, Medical cannabis treatment centers and
pharmacy stores shall comply with the following regulations:
Permitted areas. Only in accordance with the requirements of this division and the
applicable zoning district, medical cannabis treatment centers and pharmacy stores shall be
permitted only in the areas listed below:
l Area one (1) shall in include the following subareas:
(A.) Lots zoned CD -2, generally located along Alton Road between 6th Street and
8th Street; lots zoned C -PS2 located north of 5th Street between Ocean Court on
the east and West Avenue on the west; as depicted in the map below:
Page 9 of 22
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(B.) Lots zoned CD -1 and CD -2 fronting Alton Road between 13th Street and 16th Street;
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(C.) Lots zoned CD -1, generally located between Alton Road on the east and north,
Dade Boulevard on the south, Michigan Avenue on the west; as depicted in the map
below:
(2) Area two (2) shall include the Tots zoned HD located north of the Julia Tuttle Causeway
- Interstate 195, as depicted in the map below:
Page 12 of 22
Area three (3) shall include zoned CD -3 and fronting 41st Street between Sheridan
Avenue and the Indian Creek Waterway, as depicted in the map below:
(4) Area four (4) shall include lots zoned TC -1 south of 71St Street and lots zoned TC -2
and TC -3(C), generally located between Collins Avenue on the east, 71st Street on the
north, the west lot line of lots fronting Harding Avenue on the west, and 69th Street on
south, as depicted in the map below:
Page 13 of 22
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Prohibited Uses.
(1) Medical cannabis treatment centers or pharmacy stores shall be prohibited in
all zoning districts and areas not described in subsection (a), above.
(2) Medical cannabis treatment centers and pharmacy stores shall be considered
prohibited uses on all GU sites.
(3) No medical cannabis treatment center or pharmacy store shall be located within
500 feet of a public or private school, The term school shall include but not be
limited to preschool, primary school, or secondary school, as provided in
section 1006.06, Florida Statutes.
fcl Prohibited cannabis related uses. The following cannabis related uses and activities
shall be prohibited anywhere within the City:
(1) Cultivation, production, processing, storage, distribution or possession of
marijuana plants or cannabis plants.
(2) Sale of cannabis from any motor vehicle.
(3) Medical cannabis product and cannabis derivative product manufacturing.
(4) Medical cannabis testing.
(5) Storage of cannabis or cannabis- related products off the site of the medical
cannabis treatment center.
(6) Marijuana membership clubs.
l Vapor lounges.
(d) Prohibited accessory uses within medical cannabis treatment centers and pharmacy
stores.
Entertainment is prohibited within a medical cannabis treatment center or
pharmacy store.
(2) Any medical cannabis treatment center or pharmacy store shall be prohibited
from obtaining a special events permit.
(e) Nonconforming uses.
(1) Any pharmacy store (authorized prior to the adoption of this division), any
pharmacy store approved after adoption of this division, or a medical cannabis treatment
center use, created and established under the land development regulations in a legal
manner, which may thereafter become legally nonconforming, may continue until there is
an abandonment of said use. Once the legally nonconforming pharmacy store or medical
cannabis treatment center use is abandoned, it shall not be re- established unless it
conforms to the requirements of this division. Abandonment shall consist of: a change of
use or suspension of active business with the public for a period of at least six (6)
months; or a lesser time if a written declaration of abandonment is provided by the
owner of the premises or, if the property is subject to a lease, by the owner and tenant
thereof.
(2) A lawfully authorized medical cannabis treatment center cannot apply for a
change of use or a business tax receipt to become a pharmacy store. A lawfully
authorized pharmacy store cannot apply for a change of use or a business tax receipt to
Page 14 of 22
become a medical cannabis treatment center without
a ova meeting the requirements of this division as if it were a new establishment.
142 -1503. - Requirements for medical cannabis treatment centers and pharmacy stores.
conditional -use permit.
(b) Dispensing of, payment for, and receipt of low -THC, medical cannabis, or pharmaceutical
drugs administered by a pharmacy is prohibited anywhere outside of the dispensing facility,
including, but not limited to, on sidewalks, in parking areas, drive - thrus, or in the rights -of -way
surrounding the dispensing facility; provided, however, this provision shall not be construed to
prohibit delivery of low -THC, medical cannabis, or pharmaceutical drugs to an eligible patient,
as permitted by state law or rule.
(c) Required parking shall be located on the same parcel or unified development site as the
medical cannabis treatment center or pharmacy store, or within 500 feet of the site either in
private parking facilities or a public parking facility, not within a residential district, with a
lease, unity of title, or covenant -in -lieu of unity of title, or other document of a similar nature.
Participation in the fee -in -lieu of parking program is prohibited.
(d) The facility shall comply with the following regulations related to signage, advertisement,
and display of merchandise:
Signage visible from public rights -of -way and adjacent establishments and
parcels shall be Limited to the name of the establishment and signs necessary to
comply with the requirements of the State of Florida, Miami -Dade County, and the City
of Miami Beach. Depictions of cannabis, cannabis products and pharmaceutical
products shall not be visible from public rights -of -way and adjacent establishments and
parcels.
No advertisement for the establishment, cannabis, cannabis derivative product,
cannabis delivery devices, cannabis related products, or pharmaceutical products is
permitted on signs mounted on vehicles, temporary signs, hand -held or other portable
signs, handbills, leaflets or other flyers directly handed to any person in a public place,
left upon a motor vehicle or posted upon any public or private property without consent
of the property owner. This prohibition shall not apply to (1) any advertisement
contained within a newspaper, magazine or other periodical of general circulation
within the City or on the Internet; and (2) advertising which is purely incidental to
sponsorship of a charitable event not geared to or for the benefit of children or youth.
Lal Under no circumstances shall activities related to sales of cannabis, cannabis
derivatives, cannabis delivery devises, cannabis- infused products and pharmaceutical
products be visible from the exterior of the business.
Page 15 of 22
(e) All cannabis treatment center or pharmacy store establishments shall be divided within a
building from floor to ceiling. Unless higher performance is required by applicable law, there
must be a minimum of a one -hour fire separation between a medical cannabis treatment
center or pharmacy store and any adjacent business.
(f) Each Individual cannabis treatment center or pharmacy store establishment shall not
exceed 7,500 square feet, exclusive of required parking. This limitation shall not apply to
establishments located in area (2) two.
• A business tax recei •t BTR shall be obtained for the low -THC medical cannabis
dispensing facility, or pharmacy store on an annual basis. The application for the BTR shall be
made on a form prescribed by the City.
The City shall have the right to periodically inspect the premises of any medical
cannabis treatment center, or pharmacy store at any reasonable time to ensure that
the facilit has a current and valid BTR •er em lo ee and •er business and to ensure
compliance with the terms and conditions under which it was issued. Violators will be
subject to all appropriate penalties, including revocation of the BTR.
(2) Where a civil violation notice relatin• to this division has been issued and a ealed b
the alleged violator, the BTR shall not be renewed where the appeal has been pending
for 180 days or more and the delay is attributable to the alleged violator. Where,
determinations of guilt for three (3) or more violations have been made, or the Special
Master has determined that a nuisance exists at the medical cannabis treatment center
facility or pharmacy store, the BTR shall be revoked immediately, and a new
application may not be made within a period of 12 months.
• •
(h) No certificate of use, business tax receipt, or building or other permit shall be issued for a
medical cannabis treatment center facility or pharmacy store where the proposed place of
business does not conform to the requirements of this division.
(i) Neither use shall be allowed a drive -thru component.
Sec. 142 -1504. Specific additional criteria.
Planning
staff or their designee shall consider the criteria below when reviewing the application ma, �� �,tng
determination. Only state qualified dispensing organizations entitled to a medical cannabis
treatment center (as authorized under chapter 381, Florida Statutes) business tax receipt, or a
dispensing pharmacy store (as authorized under Chapter 465) business tax receipt, Florida
Statutes, pursuant to the regulations in section 142 - 1505, of these Land Development
Regulations, shall be eligible to submit an application for a pharmacy or medical mariivana
treatment center a conditional -use permit.
A general security plan shall be provided. The plan must sufficiently demonstrate enhanced
security measures in excess of the minimum requirements set forth in State regulations. The
enhanced security measures include, but are not limited to, steel security doors, improved video
surveillance system capability, advanced alarm systems, improved fire safety systems, natural
disaster security, packaging of dispensed products, procedures for waste removal, and other
measures, such as the use of hurricane impact windows. If the facility is located below the base
Page 16 of 22
flood elevation plus City of Miami Beach Freeboard the plan should incorporate flood proofing
measures to ensure the continued functioning of security devices in the event of a natural
disaster and sea level rise. The plan must be reviewed and approved by the City of Miami
Beach Police Department before it can be considered by the Planning staff - Board. Both uses
should protect its window and have an alarm system and strong locks on the doors; to harden
the establishment by doing things that make it less attractive to the potential criminal. There
should be physical barrier to protect the pharmacist or medical marijuana treatment center
employee from the general public and ensure that the narcotics or medical cannabis is not
accessible to a person under the influence of opioids or other narcotics. A glass barrier wall
shall be installed around the area holding the prescription pharmaceuticals or the medical
cannabis and the general public.
(a) A business plan shall be provided. The plan is to demonstrate the applicant's ability to
successfully operate in a highly regulated industry over an extended period of time. The plan
ma include but is not limited to the followin• scope of work for the •tannin • and
development; scope of work for capital improvements; an estimate of first -year revenues; an
estimate of first -year operating expenses and evidence that the applicant will have the
resources necessary to pay for those expenses; and a description of the applicant's history of
compliance in a highly regulated industry. The plan must be reviewed and approved by the City
of Miami Beach Police Department before it can be considered by planning staff.
(b) An operating plan shall be provided. The operating plan is to enumerate the specific
means through which the applicant intends to achieve the business goals and comply with the
city and state regulatory requirements. The operating plans may include, but is not limited to
the following: staffing schedules to ensure adequate coverage and experience during all
business hours; employee training programs for security, product knowledge and safety;
proactive consumer education and community outreach practices; an operations manual
demonstrating compliance with state and city retail marijuana laws or pharmaceutical drug
laws, as applicable; and disposal of waste. The plan must be reviewed and approved by the City
of Miami Beach Police Department before it can be considered by planning staff.
(c) An odor management plan shall be provided. It shall be required that the odor of
marijuana must not be perceptible at the exterior of the building or at any adjoining use of the
property. Facilities shall adopt best management practices with regard to implementing state -of-
the -art technologies in mitigating odor, such as air scrubbers, charcoal filtration systems, and
sealed walls. The plan must include maintenance of systems, including preventing the buildup
of mold.
Sec. 142 -1505. Penalties, Enforcement and Appeals.
(a) Penalties and enforcement.
The city manager has the authority to suspend or revoke a business tax receipt
following notice and hearing, or to summarily suspend a business tax receipt pending a
hearing pursuant to section 102 -385 of the City Code.
(2) A violation of this division 10 shall be subject to the following fines:
A. If the violation is the first offense, a person or business shall receive a
civil fine of $5,000.00;
Page 17 of 22
B. If the violation is the second violation within the preceding six (6)
months, a person or business shall receive a civil fine of $10.000.00;
C. If the violation is the third violation within the preceding six (6) months,
a person or business shall receive a civil fine of $20,000.00; and
D. If the violation is the fourth or subsequent violation within the preceding
six (6) months, a person or business shall receive a civil fine of $30,000.00
and the business tax receipt shall be revoked.
Lal Enforcement. The code compliance department shall enforce this division
10. This shall not preclude other law enforcement agencies from any action to assure
compliance with this division 10 and all applicable laws. If a violation of this division 10
is observed, the enforcement officer will be authorized to issue a notice of violation. The
notice shall inform the violator of the nature of the violation, amount of fine for which the
violator is liable, instructions and due date for paying the fine, that the violation may be
appealed by requesting an administrative hearing before a special master within ten (10)
days after service of the notice of violation, and that the failure to appeal the violation
within ten (10) days of service shall constitute an admission of the violation and a waiver
of the right to a hearing.
f4 Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal; appeals from decisions of the special master.
(A.) A violator who has been served with a notice of violation must elect to
either:
i. pay the civil fine in the manner indicated on the notice of violation;
or
ii. request an administrative hearing before a special master to
appeal the notice of violation, which must be requested within ten (10)
days of the service of the notice of violation.
(B.) The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30 -72 and 30 -73 of this City Code. Applications
for hearings must be accompanied by a fee as approved by a resolution of the
city commission, which shall be refunded if the named violator prevails in the
appeal.
(C.) If the named violator, after issuance of the notice of violation, fails to pay the
civil fine, or fails to timely request an administrative hearing before a special
master, the special master may be informed of such failure by report from the
police officer or code compliance officer. The failure of the named violator to
appeal the decision of the police officer or code compliance officer within the
prescribed time period shall constitute a waiver of the violator's right to an
administrative hearing before the special master, and shall be treated as an
admission of the violation, for which fines and penalties shall be assessed
accordingly.
Page 18 of 22
(D.) A certified copy of an order imposing a fine may be recorded in the public
records, and thereafter shall constitute a lien upon any real or personal property
owned by the violator, which may be enforced in the same manner as a court
judgment by the sheriffs of this state, including levy against the violator's real or
personal property, but shall not be deemed to be a court judgment except for
enforcement purposes. On or after the sixty-first—(61st} day following the
recording of any such lien that remains unpaid, the city may foreclose or
otherwise execute upon the lien.
(E.) Any party aggrieved by a decision of a special master may appeal that
decision to a court of competent jurisdiction.
(F.) The special master shall be prohibited from hearing the merits of the notice
of violation or considering the timeliness of a request for an administrative
hearing if the violator has failed to request an administrative hearing within t
.(10} days of the service of the notice of violation.
(G.) The special master shall not have discretion to alter the penalties prescribed
in subsection (a)(2).
Section 5. Chapter 102, "Taxation," Article V, "Local Business Tax" at Section 102 -379
"Schedule of taxes, effective October 1, 2016," is hereby amended as to a certain business tax
receipt, as follows:
CHAPTER 102
TAXATION
ARTICLE V -
LOCAL BUSINESS TAX
Sec. 102 -379. - Schedule of taxes, effective October 1, 2016.
(a) Business taxes for the following businesses, occupations or professions are hereby
levied and imposed as follows:
(b) Effective on October 1, 2005 (fiscal year 2005 - 2006), the following business taxes will
be increased by five percent rounded to the nearest dollar, and further increased by five
percent every other year on October 1, until such taxes /fees have caught up with the
cumulative percentage change in the Consumer Price Index (CPI) measure between June
1994 through March 2003, which is 24.5 percent; further providing for another change equal
to the cumulative percentage change in the CPI from March 2003 to September 2011.
(c) As provided in Resolution No. 2003 - 25299, a review of the annual permit fee /business
tax will be required whenever the change in the Consumer Price Index (CPI), between the
latest CPI and the date of the CPI used for the last tax /fee adjustment, is five percent or
greater.
Page 19 of 22
(d) Effective on October 1, 2009 (fiscal year 2009- 2010), business tax receipt applications
shall be charged a $45.00 fee for the processing of new applications.
Occupation
Code
Business Tax Category
Amount
M
Machine and games, mechanical photographs, consoles, jukeboxes,
picture- taking, record- making, or other similar machines:
95011800
Distributors
845.00
95011802
Each machine
106.00
95004705
Mail order business; bond required
233.00
95011600
Manufacturers, all products; to include any assembling or processing310.00
operations otherwise mentioned in this section
95011700
Manufacturer representative
233.00
95240008
Marine appraiser, surveyor, testing
233.00
95011999
Massage clinic; state license required
233.00
95012000
Massage therapist; state license required
49.00
Medical Cannabis /Marijuana
*
Merchants, all persons engaged in the business of selling medical*
cannabis, as defined in Chapter 6, Article III, or Chapter 142, Division 10,
of any kind, sort or description, except as otherwise specifically provided
by this section, shall be required to pay a merchant's business tax,
Page 20 of 22
Page 21 of 22
determined as follows; based on cost of inventory:
95012100
1. First $1,000.00 of value or less
274.00
95012100
2. Each additional $1,000.00 — $99,999.00
27.00
95012100
3. From $100,000.00— $199,000.00
2,815.00
95012100
4. From $200,000.00 — $499,000.00
4,221.00
95012100
5. From $500,000.00 and over
5,629.00
05012200
Messenger service (exclusive of telegrams)
128.00
95000625
Model, talent agency; state license required
233.00
95012400
Money broker
233.00
95004850
Pharmacy store; state license required.
353.00
95004850
1. First $1,000 or value or less
274.00
95004850
2. Each additional $1,000 - $99,999.00
27.00
95004850
3. From $100,00.00 - $199,000.00
2,815.00
95004850
4. From $200,000.00- $499,000.00
4,221.00
95004850
5. From $500,000 and over
5,629.00
95015000
Phlebotomist; state license required
269.00
Page 21 of 22
SECTION 4. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 5. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 6. Severabilitv.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. Effective Date.
This Ordinance shall take effect 90 ten days following adoption.
SECTION 8. Planning Board review.
Planning Board shall review this Ordinance and its effectiveness 12 months after
enactment.
PASSED AND ADOPTED this a 5 day of `S 99 /on 6 e r- , 2017
ATTEST:
Philip Levin
Rafael E. Granado, C ty Clerk
First Reading: July 26, 201
Second Readin•• Septem.er
Verified by:
Thomas R. Moon
Planning Director
H
APPROVED AS T
FORM & LANGU
& FOR EXECUTI N
OFC" Attorney
F:\ATTO \BODE \ORDINANCES \Medical Cannabis and Pharmacies Land Use Regs - Final 10.9.2017.docx
Page 22 of 22
Dote
MIAM
BEACH
Ordinances - R5 N
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
5:04 p.m. Second Reading Public Hearing
SUBJECT: MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY STORE - LAND
USE REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 OF THE CITY CODE,
ENTITLED "GENERAL PROVISIONS," TO DEFINE THE FOLLOWING
DEFINITIONS: CANNABIS, MEDICAL CANNABIS TREATMENT CENTER,
DISPENSING ORGANIZATION, PHARMACY STORE, AND TERMS RELATING TO
MEDICAL CANNABIS, MEDICAL CANNABIS TREATMENT CENTERS,
CONVENIENCE STORES, AND PHARMACY STORES; AMENDING CHAPTER
118, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IX,
ENTITLED "NONCONFORMANCES," AT SECTION 118 -393 TO ESTABLISH
REFERENCES TO ADDITIONAL NONCONFORMING REGULATIONS WITHIN
CHAPTER 142, DIVISION 10, FOR MEDICAL CANNABIS TREATMENT CENTERS
AND PHARMACY STORES, IDENTIFYING PROHIBITED USES; AMENDING
CHAPTER 130, ENTITLED "OFF- STREET PARKING," ESTABLISHING MINIMUM
PARKING REQUIREMENTS FOR "MEDICAL CANNABIS TREATMENT
CENTERS" AND "PHARMACY STORES" AND PROHIBITING PARTICIPATION IN
THE FEE IN LIEU OF PARKING PROGRAM; AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY CREATING DIVISION
10, ENTITLED "CANNABIS AND PHARMACY STORE REGULATIONS AND USE,"
AND AMENDING SECTIONS 142 -1501 TO 142 -1505, RELATING TO
APPLICABILITY, DEFINING MEDICAL USE OF CANNABIS, DESIGNATING AREAS
FOR THE USE, NONCONFORMING USE REGULATIONS RELATING TO THE
USE, ZONING REQUIREMENTS RELATING TO THE USE, AND PROHIBITING
CULTIVATION, PRODUCTION OR POSSESSION OF CANNABIS PLANTS;
PROVIDING FOR PENALTIES, ENFORCEMENT AND APPEALS; AMENDING
CHAPTER 102, "TAXATION," ARTICLE V, "LOCAL BUSINESS TAX" AT SECTION
102 -379, "SCHEDULE OF TAXES, EFFECTIVE OCTOBER 1, 2016" TO PROVIDE
NEW BUSINESS TAX RECEIPT FOR SAID USES; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On February 10, 2016, at the request of Commissioner Michael Grieco, the City Commission referred a discussion
Page 1001 of 2353
item to the Land Use and Development Committee (Item R9F) pertaining to regulations for medical cannabis. On
November 9, 2016, the City Commission adopted a 5 month moratorium on medical marijuana dispensaries
(Ordinance 2016 -4051 / Item R5A), retroactive to October 19, 2016. Additionally, the City Commission referred draft
legislation pending in the Land Use & Development Committee to Planning Board.
On November 16, 2016, the Land Use and Development Committee (LUDC) discussed the item and continued it to
a date certain of December 12, 2016. The Committee also directed the Administration to prepare a draft ordinance,
taking into consideration the following:
1. A planning / map study with safe, convenient location options, as well as distances from parks, schools and
houses of worship;
2. Zoning district options, including parking requirements;
3. Security and proximity to schools, residential uses and houses of worship;
4. A limit on the use to North, Middle and South Beach zones, and include no residential zones.
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 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.
The moratorium extension was approved by the City Commission at First Reading on January 25, 2017. However,
the extension failed at Second Reading on February 8, 2017 and was NOT extended. The current moratorium that
was adopted on November 9, 2016 expires on March 18, 2017.
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, with the following modifications, which are
included in the attached ordinance:
1. That the three South Beach areas exclude areas with RO zoning.
2. That the three individual South Beach areas be considered a single area.
3. That the Mid Beach areas include CD-3 properties along 41st Street east of Sheridan Avenue.
4. That the North Beach area be expanded to include commercial (TC -1) properties south of 71st Street.
5. That Section 142 -1502 (j) be modified to apply to "ceilings" rather than "roofs."
On February 28, 2017, the Planning Board transmitted the ordinance to the City Commission with a favorable
recommendation.
On April 26, 2017 the subject ordinance came before the City Commission at First reading and was continued to a
date certain of May 17, 2017. Commissioner John Elizabeth Aleman became the new sponsor of the item.
On May 17, 2017, the City Commission continued the item to a date certain of June 7, 2017. On June 7, 2017, the
City Commission approved the item at First Reading.
On June 9, 2017, the Florida Legislature adopted Senate Bill 8A which established criteria for medical marijuana
treatment centers. This action required that modifications be made to the subject ordinance.
On June 28, 2017, the City Commission extended the medical cannabis moratorium for 60 days and referred a
revised ordinance to the Planning Board, which modified the proposed medical cannabis land use regulations to
comply with State Law. On July 5, 2017, the Land Use and Development Committee discussed the revised
proposal and recommended that the Planning Board transmit the proposed ordinance to the City Commission with a
favorable recommendation.
Page 1002 of 2353
PLANNING ANALYSIS
On November 8, 2016, Florida voters 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:
"Allows medical use of marijuana for individuals viith 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."
At the previous direction of the Land Use Committee, the Administration undertook an analysis of uses that may
generate conflicts with a medical marijuana dispensary. Initially, the Administration looked at providing buffers around
educational facilities, religious institutions, and parks and this effectively zoned the use out of the City. As a result, a
different methodology was utilized that looked at concentrations of educational facilities, religious institutions, parks,
single family residences, and multifamily apartments. Additionally, healthcare facilities were utilized as a use that was
compatible with a potential dispensary. This information was then utilized to generate a Geographic Information
Systems (GIS) Spatial Analysis Suitability Study to determine the most appropriate locations within the City for a
dispensary.
On December 12, 2016, the LUDC then requested that staff analyze additional areas for the location of medical
marijuana facilities to ensure that the use is not effectively zoned -out and that the potential financial benefits are not
limited to a select number of property owners. To this end, staff identified additional areas that were suitable or
moderately suitable within the Suitability Study that was performed.
On January 18, 2017, it was then determined that some of the areas did not provide for sufficient opportunities, and
the LUDC requested that a revised Suitability Study be provided that removed 'Religious Institutions' as one of the
factors to be considered. On February 15, 2017, the revised suitability study was presented to the LUDC and the
committee recommended that the Mid Beach and North Beach districts be expanded slightly.
On June 9, 2017, the Florida Legislature adopted Senate Bill 8A, which was signed by the Governor on June 23,
2017. Essentially, the law provides local governments with the following options as it pertains to medical cannabis
facilities:
1. Prohibit medical marijuana treatment centers outright; or
2. If medical marijuana treatment centers are allowed, they must be regulated in the same manner as a
pharmacy.
The law also prohibits a local government from regulating the number of establishments within its boundaries,
Additionally, it requires that a medical marijuana treatment center not be located closer than 500 feet from a school
unless the local government exempts that limitation through a public hearing process. A map titled "Locations
Where Pharmacy Stores are Currently Allowed with 500' School Buffers" is attached, which indicates where
pharmacy stores and medical marijuana dispensaries would be permitted if no new regulations are adopted.
The proposed ordinance is similar to the previously considered medical cannabis ordinance, with the following
modifications:
• The ordinance uses the term 'medical cannabis treatment center' as opposed to 'medical cannabis
dispensary' in order to be more consistent with State terminology;
• Limits on numbers of establishments per area were removed;
• The ordinance applies to pharmacy stores as well as medical cannabis treatment centers; and
• Limitations incorporated into State law to limit redundancy and conflicts.
The proposed ordinance identifies the following four (4) areas where medical cannabis treatment centers and
pharmacy stores would be allowed:
1. Area one (1) shall in include the following subareas:
a. Lots zoned CD-2, generally located along Alton Road between 6th Street and 8th Street; lots zoned C-
PS2 located north of 5th Street between Ocean Court on the east and West Avenue on the west. Lots
Page 1003 of 2353
zoned CD -1 and CD -2 fronting Alton Road between 13th Street and 16th Street.
a. Lots zoned CD-1, generally located between Alton Road on the east and north, Dade Boulevard on the
south, Michigan Avenue on the west.
1. Area two (2) ) shall include the lots zoned HD located north of the Julia Tuttle Causeway - Interstate 195
2. Area three (3) shall include lots zoned CD -3 and fronting 41st Street between Sheridan Avenue and the Indian
Creek Waterway.
3. Area four (4) shall include lots zoned TC -1 south of 71st Street and lots zoned TC -2 and TC-3(C), generally
located between Collins Avenue on the east, 71st Street on the north, the west lot line of lots fronting Harding
Avenue on the west, and 69th Street on south.
As was the case with the original ordinance, the proposed revised ordinance is still based on the Miami -Dade
County draft for medical cannabis dispensaries with input from the Miami Beach Police Department. It also
recommends requiring Conditional Use approval from the Planning Board and that the following documentation be
required as part of the application:
• A General Security Plan that incorporates enhanced security measures and natural disaster security
measures, with Police Department review and approval.
• A Business Plan that demonstrates the ability to operate.
• An Operating Plan that indicates how compliance with City and State regulatory requirements will be
achieved.
• An Odor Management Plan that will ensure that odors are not perceptible in the exterior of the building or
adjoining properties.
The proposed ordinance also includes the following general requirements:
• A prohibition on dispensing outside of the facility, with the exception of deliveries permissible by state law.
• That required off - street parking be located within 500 the facility not in a residential district.
• Participation in the fee -in -lieu of parking program is prohibited.
• Limitations on signage and advertisement.
• A requirement for separate fire suppression systems.
• A limitation of 7,500 square feet for each establishment, except those in area 2.
• A parking requirement of one (1) space per 250 square feet.
• A prohibition on entertainment.
• A prohibition on obtaining special events permits.
• Requirements for nonconforming pharmacy stores and medical cannabis treatment centers.
The proposed ordinance would also prohibit the following marijuana related activities:
• Cultivation, production or possession of cannabis plants or cannabis plants.
• Sale of cannabis from any motor vehicle.
• Medical cannabis product and derivative manufacturing.
• Medical cannabis testing.
• Storage of marijuana or marijuana- related products off the site of the medical cannabis dispensary.
• Marijuana membership clubs.
Page 1004 of 2353
• Vapor lounges.
The ordinance also establishes criteria for obtaining Business Tax Receipts for Medical Cannabis Treatment
Centers and Pharmacy Stores.
There is currently a 60 -day Medical Cannabis Moratorium which will expire on August 27, 2017. However, if the
Planning Board transmits the ordinance to the City Commission with a favorable recommendation, Zoning in
Progress would take effect, requiring any potential medical cannabis dispensaries to comply with the proposed
regulations.
PLANNING BOARD REVIEW
The Planning Board transmitted the proposed Ordinance with modifications to the City Commission with a favorable
recommendation on July25, 2017. The Planning Board recommended the following modifications:
1. Remove the requirement fora conditional use permit.
2. Prohibit drive -thrus for pharmacies and medical cannabis treatment centers.
3. Provide that the Planning Board review the Ordinance and its effectiveness 12 months after adoption.
SUMMARY /UPDATE
The City Commission approved the subject Ordinance Amendment on July 26, 2017. The City
Commission included the modifications recommended by the Planning Board identified above. As
such, all references to a conditional use permit process were removed from the draft ordinance. The
prohibition on drive -thrus was added, as well as a review by the Planning Board in 12 months.
Additionally, the parking requirement was modified to one (1) parking space per 300 square feet.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
a 500 foot buffer Map
Medical Cannabis Treatment Centers - FA ORDINANCE
a Ad
Page 1005 of 2353
Locations Where Pharmacy Stores are Currently Allowed with 500' School Buffers
Page 1006 of 2353
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