DEERFIELD BEACH Agenda Item #1 PLANNING & ZONING BOARD Thursday, March 2, 2017

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1 DEERFIELD BEACH Agenda Item #1 PLANNING & ZONING BOARD Thursday, March 2, 2017 PROPOSED CITY AND LAND DEVELOPMENT CODE AMENDMENT Applicant: CITY OF DEERFIELD BEACH Proposal: To amend Chapter 98 of the Deerfield Beach Land Development Code pertaining to medical marijuana / cannabis. SUMMARY BACKGROUND/EXPLANATION On October 18, 2016 the City Commission adopted a resolution imposing zoning in progress for one hundred eighty (180) days to allow Planning and Development Services staff to study the impacts of, and appropriate zoning districts for, the various types of medical cannabis/low THC cannabis facilities which may be permitted within the City. The zoning in progress arose out of a proposed amendment to the Florida Constitution regarding the medical use of marijuana due to be heard on the November 8, 2016 election ballot. On November 8, 2016, Florida voters approved an amendment to the Florida Constitution to allow for broader medical use of any kind of marijuana (including euphoric strains) within the State. Enclosed is the proposed Ordinance amending the City of Deerfield Beach Land Development Code. In summary, the proposed Ordinance states that until such time that the sale of medical marijuana/cannabis is permitted under both Federal law and State law, Medical Marijuana Retail Centers and the sale of medical marijuana/cannabis shall be prohibited in all zoning districts. Growing, cultivating or processing of cannabis shall be prohibited in all zoning districts. However, if medical marijuana is permitted by both federal and state law, the proposed Ordinance provides for the location and the permitting of medical marijuana facilities. A detailed summary of the draft Ordinance has been provided by the City Attorney regarding the proposed amendments to the Land Development Code and the requirements of both Federal and State law. REQUESTED ACTION: Recommendation to the City Commission on the proposed Land Development Code Amendment. ATTACHMENT: Proposed Ordinance amending the City s Land Development Code. City Attorney memorandum on Medical Marijuana

2 ORDINANCE NO. 2017/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AMENDING SECTION 98-3 OF THE LAND DEVELOPMENT CODE, ADDING DEFINITIONS RELATING TO MEDICAL MARIJUANA; AMENDING SECTION PROVIDING THAT UNTIL SUCH TIME THAT THE SALE OF MEDICAL MARIJUANA/CANNABIS IS PERMITTED UNDER BOTH FEDERAL LAW AND STATE LAW, MEDICAL MARIJUANA RETAIL CENTERS AND THE SALE OF MEDICAL MARIJUANA/CANNABIS SHALL BE PROHIBITED IN ALL ZONING DISTRICTS; AMENDING SUBSECTIONS 98-56(A) I-INDUSTRIAL AND (C) AND 98-56B(C) I-2 LIMITED HEAVY INDUSTRIAL ADDING MEDICAL MARIJUANA RETAIL CENTERS AS A CONDITIONAL USE IF THE SALE OF MEDICAL MARIJUANA/CANNABIS IS PERMITTED UNDER BOTH FEDERAL LAW AND STATE LAW; AMENDING SECTION REPLACING BOARD OF ADJUSTMENT WITH SPECIAL MASTER; CREATING ARTICLE X. MEDICAL MARIJUANA RETAIL CENTERS PROVIDING FOR THE REGULATION OF MEDICAL MARIJUANA RETAIL CENTERS IF THE SALE OF MEDICAL MARIJUANA OR CANNABIS IS SUBSEQUENTLY PERMITTED UNDER BOTH FEDERAL LAW AND STATE LAW; AMENDING SCHEDULE B. OFF-STREET PARKING REQUIREMENTS PROVIDING ONE PARKING SPACE PER 200 GROSS SQUARE FEET OF FLOOR AREA; CONTAINING A SEVERABILITY CLAUSE; A PROVISION FOR INCLUSION IN THE CITY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Marijuana (Cannabis) is a Schedule I drug under the Controlled Substances Act, 21 U.S.C. 811; and WHEREAS, according to the Controlled Substances Act, Marijuana has a high potential for abuse and has no currently accepted medical use in treatment in the United States; and WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for the growing, processing, and distributing of specific forms of low-thc (non-euphoric) Cannabis to qualified patients and their caregivers for the treatment of listed medical conditions, which became effective on June 16, 2014 as Chapter , Laws of Florida, and is codified at Section , Florida Statutes ( Senate Bill 1030 ); and WHEREAS, on March 28, 2016, the Florida Legislature adopted Chapter No amending Section , Florida Statutes, regarding the medical use of marijuana; and Deleted portions struck through; Added portions underlined 1

3 WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida Constitution to allow for broader medical use of any kind of marijuana (including euphoric strains) within the state ( 2016 Constitutional Amendment ); and WHEREAS, the 2016 Constitutional Amendment authorizes and defines Medical Marijuana Treatment Centers to encompass the entire supply chain (cultivation, processing, storage, distribution, etc.), not just retail sales to qualified patients; and WHEREAS, the 2016 Constitutional Amendment permits the use of additional, alternative forms of marijuana (marijuana in all its forms including low-thc cannabis, together referred to as marijuana ) and alternative dispensing methods (including, but not limited to, smoking and food products); and; WHEREAS, in 2005, the U.S. Supreme Court held in Gonzales v. Raich, that the Federal Government has the authority under the Commerce Clause to prohibit marijuana for all purposes pursuant to the Controlled Substances Act, and that the Supremacy Clause of the U.S. Constitution unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. Gonzales v. Raich, 545 U.S. 1, 29 (2005); and WHEREAS, the Florida Statutes and the proposed amendment to the constitution may be in conflict and in violation of Federal law; and WHEREAS, in compliance with Federal law, the City Commission is prohibiting the growing, cultivation, processing and sale of marijuana within all zoning districts until such time that Federal law is amended; and WHEREAS, under its zoning power, the City Commission desires to determine in which zoning districts Medical Marijuana Retail Centers may be located in the event they are permitted under both state and federal law; and WHEREAS, the City Commission finds that this ordinance is consistent with the City s Comprehensive Plan and bears a substantial relationship to the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Section 98-3 of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec Definitions. Deleted portions struck through; Added portions underlined 2

4 For the purpose of enforcing and administering this Code, the following words shall have the definition and meanings (and regulations related thereto) as herein set forth. Board of adjustment means a body of the City of Deerfield Beach authorized to hear and decide administrative appeals, conditional uses, and requests for variances from the strict application of this Code as herein provided for within this Code. Clinic, medical means a facility which does not provide for overnight accommodations wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists, counselors, therapists, clinical social workers, psychologists, psychiatrists or any other such profession which may lawfully be practiced in the State of Florida. Pain management clinics shall specifically by excluded from this definition. The term medical clinic does not include a medical cannabis dispensing facility or a medical marijuana retail center or medical marijuana treatment center. Medical cannabis has the meaning given in Section , F.S. Medical cannabis dispensing facility means a facility that is part of or affiliated with a dispensing organization approved by the Florida Department of Health to cultivate, process, transport, and dispense low-thc cannabis or medical cannabis. Medical marijuana qualified registered patient/qualified patient. A resident of the State of Florida who has been added to the State s compassionate use registry by a physician licensed under F.S. Chapters 458 or 459, to receive Medical Marijuana from a dispensing organization or Medical Marijuana Treatment Center or similar use as defined in Florida Statutes. Medical Marijuana Retail Center. A retail establishment, licensed by the Florida Department of Health as a medical marijuana treatment facility, medical marijuana treatment center, dispensing organization, dispensing organization facility, or similar use, that sells and dispenses medical Marijuana, but does not engage in any other activity related to the preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of Marijuana or Marijuana product, and does not allow on-site consumption of Marijuana. Medical marijuana treatment center means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing Deleted portions struck through; Added portions underlined 3

5 marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Florida Department of Health. Pain management clinic shall be any facility or business that satisfies the following criteria: (1) Any clinic, medical practitioner's office or pharmacy that is not affiliated with a hospital, hospice or other facility for treatment of the terminally ill in Broward County, Florida; and (2) The primary business purpose of such clinic, medical practitioner's office or pharmacy is to prescribe or dispense pain medication such as, but not limited to, opiods including fentanyl, hydrocodone, morphine and oxycodone to individuals; or (3) The clinic, medical practitioner's office or pharmacy holds itself out through advertising as being in business to prescribe such controlled substances, as defined in number b. of the criteria above, and which may or may not provide dispensing or pharmaceuticals on-site or (4) Any clinic, facility, or office that is required to register with the Florida Department of Health pursuant to F.S or F.S , as amended. or (5) The term pain management clinic does not include a medical cannabis dispensing facility or a medical marijuana retail center. Smoke Shop means a retail outlet specializing in smoking or vaporization paraphernalia used for the consumption of tobacco, marijuana, legal highs, legal party powders, New Age herbs, or for any vaporization use product, as well as counterculture art, magazines, music, clothing and home décor. Products offered include, but not limited to assorted pipes, pipe screens, bongs (also referred to as water pipes), cigarette clips, vaporizers, rolling papers, rolling machines, scales, incense, and custom cigarette lighters. The term smoke shop does not include a medical cannabis dispensing facility or a medical marijuana retail center or medical marijuana treatment center. Special master means the person appointed by the City of Deerfield Beach City Commission authorized to hear and decide administrative appeals, conditional uses, and requests for variances from the strict application of this Code as herein provided for within this Code. Store, retail means a retail establishment which sells goods or products directly to the public for compensation which is not otherwise defined herein. Examples of "retail stores" include department stores, discount stores, clothing stores, stationery stores, dry goods stores, grocery stores, prescription drug stores and other single-purpose specialty stores. The term retail store does not include a medical cannabis dispensing facility or a medical marijuana retail center. Deleted portions struck through; Added portions underlined 4

6 SECTION 2. Subsections of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec Scope and application. In interpreting and applying the provisions of this Code, they shall be held to be the minimum requirements for achieving the purposes of the Code. It is not intended that this Code interfere with, abrogate, or annul any easements, covenants, or other agreements between parties; however, where this Code imposes a greater restriction, the provisions of this Code shall control. (1) Zoning affects all premises. Except as provided for herein, no premises shall hereafter be used or occupied, and no building or structure shall hereafter be erected, constructed, moved, or altered except in conformity with these regulations. If, because of an error or omission on the official zoning map, any property within the city is not shown as being included within a zoning district, the classification of such property shall be in conformance with the Broward County Land Use Plan, unless properly changed by an amendment to this article and the city's adopted comprehensive plan. (2) Interpretation of Broward County flexibility zones. Development densities may be constrained as a result of the application of flexibility zones mandated by the Broward County Comprehensive Plan. These flexibility zones specify the numbers of dwelling units which can be built within a specific geographic area. The city will maintain a listing of available units for each flexibility zone, and conformance with the flexibility zone provisions will be a part of the development plan review. (3) Application of commercial flexibility. a. The city may permit up to five percent of the area designated for residential use on the Broward County Land Use Plan within a flexibility zone to be used for neighborhood office and/or retail sales of merchandise or services, subject to compliance with Policy of the Broward County Land Use Plan. No such contiguous area may exceed ten acres in size. For the purpose of this provision, contiguous is defined as: attached; located within 500 feet; or separated only by streets and highways, canals and rivers, or easements. b. This five percent residential-to-commercial flexibility rule may be applied by the city through (re)zoning, subject to compliance with Policy of the Broward County Land Use Plan. (4) Maximum allowed density. a. Density refers to the gross area (lot area includes to the center line of a street) available to be developed. It is used to determine the maximum number of units allowed on a site based upon the maximum allowed density as set forth in the zoning district and as determined below. Deleted portions struck through; Added portions underlined 5

7 b. The area associated with bodies of water, excluding drainage canals, the Intracoastal Waterway and North and South Lakes, shall not be used in the calculation of the maximum allowed density on a site. Easement area located within the site are calculated in the area used for determining density. c. The maximum allowed density on a site shall only be increased through the application of Reserve Units or Flexibility Units. (5) Interpretation of uses and structures permitted. If a zoning category specifically outlines "permitted uses" then any other use not specifically permitted within such categories or permitted as an accessory use or conditional use shall be specifically prohibited. (6) Yard, lot coverage, floor area, and building height requirements. Every building or accessory structure to be erected upon a lot shall meet all yard, lot coverage, floor area, and building height requirements of its district unless specifically exempted elsewhere in this Code. (7) Multiple use of required space prohibited. No part of a required yard, or other required open space, or of the off-street parking or loading spaces for one structure, shall be included as part of the yard, open space, off-street parking or loading space requirements for any other structure. (8) Reduction of lot area prohibited. Except for any approved planned residential or planned industrial developments, no yard or lot existing at the time of passage of this Code, shall be reduced in dimension or area below the minimum requirements of its district. With the same exception, yards or lots designed after the effective date of this Code shall meet the requirements established by this Code. (9) Medical marijuana retail centers. Until such time that the sale of medical marijuana/cannabis is permitted under both Federal law and State law, Medical Marijuana Retail Centers and the sale of medical marijuana/cannabis shall be prohibited in all zoning districts. Growing, cultivating or processing of cannabis shall be prohibited in all zoning districts. SECTION 3. Subsections 98-56(a) and (c) of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec I industrial. (a) Purpose and intent. The purpose of this district is to identify, within the area defined by the land use element of the comprehensive plan for industrial development, areas where general industrial uses may be established. This district is intended to provide suitable standards for development and maintenance of heavy commercial and light manufacturing uses. With the exception of outdoor seating for craft/artisan production facilities and outdoor storage as provided herein, all activities, including all principle, conditional and accessory uses shall be performed in a completely enclosed building except as herein exempted. Deleted portions struck through; Added portions underlined 6

8 (c) Conditional uses. Upon application and after a favorable determination by the board of adjustment special master or the city commission (where the conditional use is part of the site plan application) that all conditions and provisions of a conditional use have been met, the uses listed below may be permitted as conditional uses in this district. In addition to any provisions listed herein, all proposed conditional uses shall comply with the requirements of this Code, be heard and decided by the board of adjustment special master (or city commission where applicable) as set forth herein, and be consistent with the objectives and recommendations of the city's comprehensive plan. (1) Truck and transportation terminals. (2) If the sale of medical marijuana/cannabis is subsequently permitted under both Federal law and State law, Medical marijuana retail centers, may be allowed subject to the requirements set forth in Section of this Code and subject to the requirements set forth within Article X, Sections through of this Code. SECTION 4. Subsection 98-56B(c) of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec B. - I-2 limited heavy industrial. (c) Accessory and conditional uses. (1) Accessory uses. (1) a. Customary accessory uses incidental to a permitted use; (2) b. Wholesale showrooms and/or retail showrooms or sales ancillary to the permitted use and occupying less than 20 percent of the gross floor area occupied by the principal use; (3) c. Service and repair of equipment sold, leased, used or stored on the property as a permitted use; (4) d. Day Child care center; (5) e. Outside storage for recycling (see section 98-56B (b)(28); (6) f. Outside storage (except recycling) provided: a. 1. The outside storage is subordinate to the principal use located on the property; and b. 2. The outside storage area does not abut a residential zoned district; and c. 3. The storage area is in the rear or side yard and is screened with either a fence or shrubs sufficient to adequately screen the storage area and in accordance with the landscape code; and (7) g. Storage of petroleum products and liquefied petroleum gas if solely for the use of the permitted use. Deleted portions struck through; Added portions underlined 7

9 (2) Conditional uses. Upon application and after a favorable determination by the special master or the city commission (where the conditional use is part of the site plan application) that all conditions and provisions of a conditional use have been met, the uses listed below may be permitted as conditional uses in this district. In addition to any provisions listed herein, all proposed conditional uses shall comply with the requirements of this Code, be heard and decided by the special master (or city commission where applicable) as set forth herein, and be consistent with the objectives and recommendations of the city's comprehensive plan. a. If the sale of medical marijuana/cannabis is subsequently permitted under both Federal law and State law, Medical marijuana retail centers, may be allowed subject to requirements set forth in Section of this Code and subject to the requirements set forth within Sections through of this Code. SECTION 5. Section of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec Conditional use. Conditional uses, as enumerated in article III hereof, shall be permitted only upon authorization by the board of adjustment special master or the city commission where the request for a conditional use is part of a site plan application or change of use application provided that such uses comply with the following requirements and other applicable requirements as set forth in this article. The burden of proving that the use does so comply shall be on the applicant who shall be required to affirmatively demonstrate that said use complies with each and every condition set forth herein. A conditional use may only be granted after a public hearing held with notice to all property owners within 300 feet of the property upon which the use is to exist, and a public notice in a newspaper of general circulation published on one occasion at least seven days and no more than ten days prior to the hearing. The following requirements must be met to secure approval of the conditional use: (1) That the use is a permitted conditional use as set forth in Article III hereof. (2) That the use complies with all specific development requirements as set forth for that use in the district in which it is located. (3) That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected as far as tangible effect, including but not limited to, noise, air pollution, traffic problems, or overcrowding. (4) That the use will not cause injury to the value of other property in the neighborhood where it is to be located here such injury results from the noise, traffic, or other tangible effects which will occur as a result of the intended use. (5) That the use will be compatible with adjoining development and the proposed character of the district where it is to be located. (6) That the use will have a density and intensity of development as compatible with the neighborhood in which it is located. Deleted portions struck through; Added portions underlined 8

10 (7) That adequate landscaping and screening is provided to screen the development or use from neighboring residential areas to provide an opaque buffer for said residential areas. The applicant may be required to take additional measures for landscaping or screening purposes which measures are in excess of the requirements for a permitted use. (8) That the use will not increase traffic on an adjoining street so as to lower its level of service below the adopted level of service or create a traffic nuisance to adjoining properties utilizing the same streets. (9) That adequate off-street parking, stacking and loading is provided, that ingress and egress are so designed as to cause minimum interference with traffic on abutting streets and that the use has adequate frontage on a public or approved private street. (10) That the use conforms with all applicable regulations governing the district where it is located. SECTION 6. Article X, Medical Marijuana Retail Centers, of the City of Deerfield Beach Land Development Code is hereby created to read as follows: ARTICLE X. MEDICAL MARIJUANA RETAIL CENTERS Sec Prohibition. (a) Until such time that the sale of medical marijuana/cannabis is permitted under both Federal law and State law, Medical Marijuana Retail Centers and the sale of medical marijuana/cannabis shall be prohibited in all zoning districts. (b) Growing, cultivating or processing of cannabis shall be prohibited in all zoning districts. Sec Permit required. (a) If the sale of medical marijuana/cannabis is subsequently permitted under both Federal law and State law, it shall be unlawful for any person to operate a Medical Marijuana Retail Center within the corporate limits of the city without the approval as set forth within this Article. (b) It is hereby specifically and expressly provided that an application for a Medical Marijuana Retail Center is presumed to be incompatible with adjacent zoning, land uses and development unless an applicant can clearly establish otherwise to the satisfaction of the city commission, and further provided that the applicant can demonstrate a compelling need or community benefit which need is not adequately met by another similar facility within the tri-county area or available by mail. (c) Conditional use approval required. No Medical Marijuana Retail Center shall be permitted to operate in the I-Industrial zoning districts or the I-2 Limited Heavy Industrial zoning districts unless such facility has been approved as a conditional use pursuant to the criteria set forth in Section of this Code and the requirements set forth below. (c) Application. In addition to meeting the general and conditional use application requirements, an application for conditional use for a Medical Marijuana Retail Center shall: (1) Be a joint application by the property owner and the tenant, if the Medical Marijuana Retail Center and the property are not owned by the same person or entity; (2) The business operating name and all Applicant and Owner information. If the Applicant or Owner is: Deleted portions struck through; Added portions underlined 9

11 a. An individual, his/her legal name, aliases, home address and business address, date of birth, copy of driver s license or state or federally issued identification card; b. A partnership, the full and complete name of all general and limited partners, dates of birth, copy of driver s license or state or federally issued identification card of all general and limited partners, and all aliases used by all of the partners, whether the partnership is general or limited, a statement as to whether or not the partnership is authorized to do business in the State of Florida and, if in existence, a copy of the partnership agreement (if the general partner is a corporation, then the Applicant shall submit the required information for corporate Applicant in addition to the information concerning the partnership); or c. A corporation, the exact and complete corporate name, the date of its incorporation, evidence that the corporation is in good standing, the legal names and dates of birth, copy of the driver s licenses or state or federally issued identification cards of all officers, and directors, and all aliases used, the capacity of all officers, and directors, if applicable, the name of the registered corporate agent, and the address of the registered office for service of process, and a statement as to whether or not the corporation is authorized to do business in the State of Florida. d. The addresses required by this section shall be physical locations, and not post office boxes. (3) A copy of the lease identifying the specific use, if the Medical Marijuana Retail Center and the property are not owned by the same person or entity; (4) Include a full copy of the State of Florida Licensing Application and all related exhibits, appendices, and backup materials; (5) Copies of any and all state and other licenses issued to the Applicant to engage in the Marijuana business; (6) A statement as to whether the Applicant or any Owner or Employee has previously received a Medical Marijuana Conditional Use; (7) A statement as to whether the Applicant or any Owner holds other permits or license under this Chapter and, if so, the names and locations of such Medical Marijuana Retail Centers granted a conditional use by the City; (8) A statement as to whether the Applicant or any Owner has been a partner in a partnership or an officer/director of a corporation whose conditional use issued under this Chapter has previously been revoked, including the name and location of the establishment for which the conditional use was revoked as well as the date of revocation; (9) A statement as to whether or not the Applicant or any Owner has lost any privilege or had any permit or license to do business suspended or revoked by any local, state or federal government and, if so, the nature of such privilege, permit, license and the reason for such suspension or revocation; (10) A statement as to whether or not the Applicant or any Owner or Employee has been found guilty of or has pleaded guilty or nolo contendere to a felony relating to any business in this State or in any other State or Federal court regardless of whether a Deleted portions struck through; Added portions underlined 10

12 judgment of conviction has been entered by the court having jurisdiction of such cases; (11) A statement as to whether or not the Applicant or any Owner or Employee has been found guilty of, or has pleaded guilty or nolo contendere to, a felony relating to a battery or physical violence on any person in this State or in any other State or Federal court, regardless of whether a judgment of conviction has been entered by the court having jurisdiction of such cases; (12) A statement as to whether or not the Applicant or any Owner has filed a petition to have his/her respective debts discharged by a bankruptcy court having jurisdiction of such cases; (13) Written documentation, acceptable to the Chief of Police or his/her designee, that the Applicant, every Owner, and each Employee has successfully completed level 2 background screening within the year; (14) A passport style photograph of the Applicant and every Owner; (15) A survey sealed by a Florida registered land surveyor who is licensed by the State of Florida. The survey shall indicate the distance between the proposed Medical Marijuana Retail Center and any other protected use as set forth in Section 109A.02 above; and (16) A notarized, signed, and sworn statement that the information provided within the application is truthful, independently verifiable, and complete and that the photocopies of the attached driver s licenses or state or federally issued photo identification cards are currently valid and are true and correct copies of the originals Sec Location. (a) Location Requirements. A Medical Marijuana Retail center shall not be located: (1) Within 500 feet of any residential zoning district; (2) Within 1,000 feet of a Pain Management Clinic or another Medical Marijuana Retail Center, whether located in the City or in another jurisdiction; or (3) Within 1,000 feet of an elementary, middle or secondary school, child care center, county or municipal park, or house of worship, whether located in the City or in another jurisdiction; or (4) Within 1,000 feet of community residential facility; or (5) Within 1,000 feet of a substance abuse treatment center. (b) Distance separations. All distance separations set forth above shall be measured linearly, from closest property line to closest property line, by an actual or imaginary straight line upon the ground or in the air. Any other provision of this Code to the contrary notwithstanding, there shall be no variances from the above distance requirements granted for any reason. (c) Effect of future uses on spacing. Where a Medical Marijuana Retail Center is located in conformity with the provisions of this section, the subsequent locating of one of the uses listed above within the specified distance of an existing Medical Marijuana Retail center shall not cause a violation of this Section. Whenever a conditional use approval for a Medical Marijuana Retail center has been lawfully procured and thereafter an elementary, middle or secondary school, child care center, county or municipal park, or house of worship be established within a distance otherwise prohibited, the establishment of such use shall not be cause for the revocation of the conditional use approval. Deleted portions struck through; Added portions underlined 11

13 (d) Numerical Limits on Medical Marijuana Retail Centers. The maximum number of operating Medical Marijuana Retail Centers shall not exceed one for every 35,000 residents, as certified in the most recent census or period demographic study conducted by the University of Florida. Sec Operating requirements. (a) Building requirement and use. The Medical Marijuana Retail Center shall be the only use permitted on the property if the Retail Center is located in a freestanding building, or within the Medical Marijuana Retail Center tenant space if the Retail Center is part of a multi-tenant structure. (b) Operating Hours. Medical Marijuana Retail Centers shall only be allowed to operate between 8:00 a.m. and 7:00 p.m., Monday through Friday, and between 8:00 a.m. and 12:00 p.m. (Noon) on Saturdays and Sundays. (c) No Drive-through service. No Medical Marijuana Retail Center shall have a Drivethrough service aisle. All dispensing, payment for and receipt of products shall occur from inside the Medical Marijuana Retail Center. (d) Product visibility. No Cannabis or product of any kind may be visible from any window or exterior glass door. (e) Queuing of vehicles. The Medical Marijuana Retail Center shall ensure that there is no queuing of vehicles in the adjacent rights-of-way, the drive aisles of the Retail Center s parking lot, or on any adjacent properties. (f) Loitering. Medical Marijuana Dispensaries shall provide adequate seating for its patients and business invitees and shall not allow patients or business invitees to stand, sit (including in a parked car), or gather or loiter outside of the building where the Retail Center operates, including any parking areas, sidewalks, right of way, or neighboring properties for any period of time longer than that reasonably required to arrive and depart. (g) Alcohol Prohibited. No sale or consumption of alcoholic beverages shall be allowed in or from the Retail Center, including the parking areas, sidewalks, or adjacent right of way. (h) Alarm System. Each Medical Marijuana Retail Center shall be equipped with an alarm system meeting the requirements of all Federal and State laws and regulations. Any instance of breaking and entering at a Medical Marijuana Retail Center, regardless of whether Cannabis or Cannabis-based products are stolen, shall constitute a violation of this Division if the security alarm shall fail to activate simultaneous with the breaking and entering. (i) Live plant materials. No living Cannabis plants are permitted on the site of a Medical Marijuana Retail Center. (j) Odor and air quality. A complete air filtration and odor elimination filter and scrubber system shall be provided ensuring the use will not cause or result in dissemination of dust, smoke, or odors beyond the confines of the building, or in the case of a tenant in a multi-tenant building, beyond the confines of the occupied space. A double door system shall be provided at all entrances to mitigate odor intrusion into the air outside the Medical Marijuana Retail Center; (k) Maintenance of Premises. A Medical Marijuana Retail Center shall actively remove litter from the property at least twice each day of operation, including the area in front of the property and from any parking lot used by its patrons. Deleted portions struck through; Added portions underlined 12

14 (l) Delivery Vehicle Identification. For security purposes, no vehicle used in the operation of or for the business purposes of a Medical Marijuana Retail Center shall be marked in such a manner as to permit identification with the Medical Marijuana Retail Center. (m) Parking. Any parking demand created shall not exceed the supply of parking spaces legally available within the parking areas allocated on the site plan as required by this Code. An applicant may be required to demonstrate that on-site traffic flow and parking will be sufficient to accommodate parking demands generated based on a current traffic and parking study prepared and certified by a licensed Traffic Engineer, if requested by the City. (n) Security. Every Medical Marijuana Retail Center shall incorporate safety measures to protect its property, employees and invitees during and outside of the center s business hours, which measures, at a minimum shall include installation of a security system and/or security personnel as approved and verifiable at all times, as appropriate, by the City s Chief of Police or his/her designee. The Applicant shall submit at the time of application for the conditional use, a security plan demonstrating compliance with Section , F.S. and all other applicable statutes and State administrative rules. (1) In addition to proving compliance with all State requirements, the security plan shall, at minimum, provide the following: a. Full operational lighting and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft, both in the Premises and in surrounding rights-of-way, including: b. A silent security alarm that notifies law enforcement that a crime is taking place; c. A vault, drop safe or cash management device that provides minimum access to the cash receipts; and d. A security camera system capable of recording and retrieving, for at least thirty (30) days, an image, which shall be operational at all times during and after business hours. The security cameras shall be located: i. at every ingress and egress to the dispensary, including doors and windows; ii. on the interior where any monetary transaction shall occur; and iii. at the ingress and egress to any area where medical Marijuana is stored. e. Traffic management and loitering controls. f. Cash and inventory controls for all stages of operation on the Premises, and during transitions and delivery. g. On-site armed security personnel from one hour before the business opens to the public until one hour after the business closes to the public. (2) The City Manager, or designee, shall review the Applicant s operational and security plan using Crime Prevention through Environmental Design (CPTED) principles. The City may, impose site and operational revisions as are deemed reasonably necessary to ensure the safety of the Applicant, Owner(s), Employees, customers, adjacent property owners and residents, which may include items such as methods and security of display and storage of Marijuana and cash, limitations on window and glass door signage, illumination standards, revisions to landscaping, and any other requirement designed to enhance the safety and security of the Premises. (3) Any instance of breaking and entering at a Medical Marijuana Retail Center, regardless of whether Marijuana or Marijuana-based products are stolen, shall Deleted portions struck through; Added portions underlined 13

15 (o) constitute a violation of this Chapter if the security alarm shall fail to activate simultaneously with the breaking and entering. (4) Each Applicant, Owner, Employee, and Manager shall, as soon as reasonably practicable, report all felonies and any theft, suspected theft or loss of Marijuana or Marijuana-based products that occurs at the business to the Police Department and any other entity that requires them to report such incidents. Signage. Medical Marijuana Retail Center shall post, at each entrance to the Medical Marijuana Retail Center the following language with letters one-half inch in height: (p) (q) ONLY INDIVIDUALS WITH LEGALLY RECOGNIZED MARIJUANA OR CANNABIS QUALIFYING PATIENT OR LEGAL REPRESENTATIVE IDENTIFICATION CARDS OR A QUALIFYING PATIENT S LEGAL GUARDIAN MAY OBTAIN MARIJUANA FROM A MEDICAL MARIJUANA RETAIL CENTER. On-site community relations contact. The Medical Marijuana Retail Center shall provide the City Manager or designee, and all property owners and tenants located within 100 feet of the entrance to its building, with the name, phone number, and or facsimile number of an on-site community relations staff person to whom they can provide notice during business hours, and after business hours, to report operating problems. The Medical Marijuana Retail Center shall make every good faith effort to encourage neighbors to call this person to try to solve operating problems, if any, before any calls or complaints are made to the Police Department or other City Officials. Employment restrictions. It shall be unlawful for a Medical Marijuana Retail Center to employ any person who (a) is not at least 21 years of age; or (b) has not passed a level 2 background screening. (r) Persons allowed to enter the Premises. (1) Underage entry. It shall be unlawful for any Medical Marijuana Retail Center to allow any person who is not at least 18 years of age on the Premises during hours of operation, unless that person is authorized by State law to purchase Medical Marijuana, whether as a Qualified patient with a valid identification card or legal representative of a Qualified patient with a valid identification card. (2) Entry by persons authorized by State law. It shall be unlawful for any Medical Marijuana Retail Center to allow any person on the Premises during the hours of operation if that person is not authorized by State law to be there. (s) Prohibited activities. Other than dispensing of Cannabis as permitted herein no Medical Marijuana Retail Center shall sell, market, dispense, provide, exchange other otherwise vend any other services, product, cannabis delivery device or drug paraphernalia as defined by federal or state law, or this Code. A Medical Marijuana Retail center shall not engage in any activity other than those activities specifically defined herein as an authorized part of the use. The preparation, wholesale storage, cultivation, or processing of any form of Cannabis or Cannabis product and on-site consumption of any Cannabis or Cannabis product is specifically prohibited. On-site storage of any form of Cannabis or Cannabis product is prohibited, except to the extent reasonably necessary for the conduct of the on-site retail business. Deleted portions struck through; Added portions underlined 14

16 (t) Compliance with federal and state regulations and licensure requirements. A Medical Marijuana Retail Center must comply with all federal and state laws, licensing and regulatory requirements. (1) A Medical Marijuana Retail Center shall notify the City within five (5) business days of receipt of any notice of violation or warning from the State or of any changes to its State licensing approvals. (2) If a Medical Marijuana Retail Center receives a notice of violation or warning from the State, it shall, no later than twenty (20) business days after receipt of the notice, provide the City with a copy of the corrective action plan and timeframes and completion date to address the identified issues. Sec Medical marijuana retail centers transferability. (a) A conditional use approval for a Medical Marijuana Retail Center is specific to the Applicant and the location and shall not be transferred. (b) An attempted transfer of an approval for a Medical Marijuana Retail Center either directly or indirectly in violation of this Section is hereby declared void, and in that event all the approval for the Medical Marijuana Retail Center shall be deemed abandoned, and the Medical Marijuana conditional use shall be forfeited. Sec Medical marijuana retail center conditional use revocation. (a) Any Medical Marijuana Conditional use issued under this Division shall be revoked if any one or more of the following occurs: (1) The Applicant provides false or misleading information to the City; (2) Anyone on the premises knowingly dispenses, delivers, or otherwise transfers any Cannabis or Cannabis product to an individual or entity not authorized by state law to receive such substance or product; (3) The Applicant, an Owner, Co-owners or a manager is convicted of a felony offense; (4) Any Applicant, Owner, Co-owner, manager or Employee is convicted of any drugrelated crime under Florida Statutes; (5) The Applicant fails to correct any City violation or to otherwise provide an action plan to remedy the violation acceptable to the City Manager within 30 days of citation; (6) The Applicant fails to correct any state violation or address any warning in accordance with any corrective action plan required by the State within the timeframes and completion date the Applicant provided to the City; (7) The Applicant s State license or approval authorizing the dispensing of Cannabis for Medical Use expires or is revoked; or (b) Violation of regulations. In the event of a Code violation, violation of the conditions of the Medical Marijuana Retail Center conditional use approval, or other violation of the laws applicable to the Medical Marijuana Retail Center, the City shall issue a warning notice and the Applicant shall, no later than twenty (20) business days after receipt of the notice, provide a copy of a corrective action plan and timeframes and completion date to address the identified issues to the City. (c) Revocation. In the event the City determines there are grounds for revocation as provided in this Division, the City shall notify the permittee of the intent to revoke the Medical Marijuana Retail Center conditional use approval and the grounds upon which such Deleted portions struck through; Added portions underlined 15

17 revocation is proposed. The permittee shall have ten business days in which to provide evidence of compliance with this Article. If the permittee fails to show compliance with this Article within ten business days, the City shall schedule a hearing before the Special Master. If the Special Master determines that a permitted Medical Marijuana Retail Center is not in compliance with this Article, Code or the conditions of the relevant approvals, the City shall revoke the Medical Marijuana Retail Center conditional use approval and shall notify the permittee of the revocation. Nothing in this Article shall take away other enforcement powers of the Special Master or any other agency provided by the Code or statute. (d) Effect of revocation. If a Medical Marijuana Retail Center conditional use approval is revoked, the permittee shall not be allowed to obtain another Medical Marijuana Retail Center conditional use approval for a period of two years. (e) Effective date. The revocation shall take effect 15 days, including Saturdays, Sundays, and holidays, after the date the City mails the notice of revocation to the permittee or on the date the permittee ceases operation and removes its sign, whichever occurs first. Sec Public consumption of marijuana/cannabis. Nothing in this Article shall be deemed to permit the public consumption of any form of Marijuana. Further, it shall be unlawful for any person to smoke, ingest or consume Marijuana, Medical Marijuana, Cannabis, or low-thc Cannabis as defined in Florida Statutes, in any form in any public building, public right-of-way, or public space within the City. SECTION 7. SCHEDULE B. Off-STREET PARKING REQUIREMENTS of the Land Development Code is amended and renumbered accordingly as follows: SCHEDULE B. OFF-STREET PARKING REQUIREMENTS (39) Medical cannabis dispensing facility, Medical Marijuana Retail Center, and Medical marijuana treatment center one parking space per 200 gross square feet of floor area. SECTION 8. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Deerfield Beach, and that the sections of this ordinance may be renumbered to accomplish such intent. SECTION 9. Should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SECTION 10. This ordinance shall be in full force and effect upon adoption. Deleted portions struck through; Added portions underlined 16

18 PASSED 1ST READING ON THIS DAY OF, 2017 PASSED 2ND READING ON THIS DAY OF, 2017 JEAN M. ROBB, MAYOR ATTEST: SAMANTHA GILLYARD, CMC, CITY CLERK DEERFIELD/ORDINANCES/Medical cannabis distribution facilities regulated - final Deleted portions struck through; Added portions underlined 17

19 LAW OFFICES OF ANDREW S. MAURODIS, P.L. 710 East Hillsboro Boulevard, Suite 200 Deerfield Beach, FL Telephone (954) Facsimile (954) M E M O R A N D U M TO: FROM: City Commission Andrew S. Maurodis, City Attorney DATE: February 16, 2017 RE: Medical Marijuana Ordinance Attached please find a copy of a proposed ordinance regarding medical marijuana. As a part of this memorandum regarding the new provisions to the Land Development Code, I will discuss both the requirements of federal and state law. FEDERAL AND STATE LAW Under federal law Marijuana (Cannabis) is a Schedule I drug under the Controlled Substances Act, 21 U.S.C According to the Controlled Substances Act, Marijuana has a high potential for abuse and has no currently accepted medical use in treatment in the United States. Although federal law does not recognize medical marijuana, the 2014 Florida Legislature approved Senate Bill 1030 providing for the growing, processing, and distributing of specific forms of low-thc (noneuphoric) Cannabis to qualified patients and their caregivers for the treatment of listed medical conditions, which became effective on June 16, 2014 as Chapter , Laws of Florida, and is codified at Section , Florida Statutes. The law was subsequently amended on March 28, On November 8, 2016, Florida voters approved an amendment to the Florida Constitution to allow for broader medical use of any kind of marijuana (including euphoric strains). The 2016 Constitutional Amendment permits the use of additional, alternative forms of marijuana (marijuana in all its forms including low-thc cannabis, together referred to as marijuana ) and alternative dispensing methods (including, but not limited to, smoking and food products). In 2005, the U.S. Supreme Court held in Gonzales v. Raich, that the Federal Government has the authority under the Commerce Clause to prohibit marijuana for all purposes pursuant to the Controlled Substances Act, and that the Supremacy Clause of the U.S. Constitution unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail. Gonzales v.