Agenda Item Meeting of ORDINANCE 14- AN ORDINANCE RELATING TO MEDICAL MARIJUANA; ADOPTING TEXT AMENDMENT PETITION 14-T2 AMENDING THE CODE OF ORDINANCES OF THE CITY OF NAPLES BY AMENDING SECTION 44-8, DEFINITIONS TO PROVIDE DEFINITIONS FOR MARIJUANA, MARIJUANA FARM, MEDICAL MARIJUANA DISPENSARY, MEDICAL MARIJUANA TREATMENT CENTER, MEDICAL USE, NON-MEDICAL MARIJUANA SALES, PERSONAL CAREGIVER, AND QUALIFYING PATIENT; AMENDING SECTION 56-122, ALCOHOLIC BEVERAGES, LOCATION CRITERIA, TO PROHIBIT THE GROWTH OF MARIJUANA, MARIJUANA FARMS, MARIJUANA SALES, MEDICAL MARIJUANA DISPENSARIES AND MEDICAL MARIJUANA TREATMENT CENTERS WITHIN THE CITY OF NAPLES; ALTERNATIVELY, AMENDING SECTION 58-743, M MEDICAL DISTRICT TO ADD MEDICAL MARIJUANA DISPENSARY AND MEDICAL MARIJUANA TREATMENT CENTER AS A CONDITIONAL USE; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. a proposal to amend the Florida Constitution to permit certain uses of cannabis (marijuana) for medicinal purposes will go before the voters at the November 4, 2014 regular election; and marijuana is a controlled substance and the growing, sale, and dispensation of marijuana continues to be prohibited under federal law; and due to the compact nature of the City of Naples and the fact that it is a substantially built-out, primarily residential city, certain uses of property and certain activities that may be legal, or may become legal, nevertheless may be incompatible with the existing uses and reasonable future uses of property within the City; and following a public hearing on the Planning Advisory Board has considered the recommendations of the Planning staff and public input and has recommended by a vote of to that Text Amendment 14-T2 be APPROVED / DENIED; and after considering the recommendation of the Planning Advisory Board sitting as the local planning agency and Planning staff, following public hearings on the subject, and providing the public an opportunity to comment, the City Council has determined that it is in the best interest of the City to approve Text Amendment 14-T2 and to adopt the regulations contained in this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That Section 44-8, Definitions, of the Code of Ordinances, City of Naples is hereby amended to read as follows (with underlining indicating additions and strikethrough indicating deletions): Sec. 44-8. Definitions. The following words, terms and phrases, when used in this land development code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Marijuana has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014). Marijuana Farm means any property used in whole or in part for the growing or cultivation of Marijuana plant(s). Medical Marijuana Dispensary means a facility that is operated by an organization or business holding all necessary licenses and permits from which marijuana products, or plant(s) are delivered, purchased, possessed, or dispensed for medical purposes. 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 marijuana, related supplies, to qualifying patients or their personal caregivers. Medical Use means the acquisition, possession, use, delivery, transfer, or administration of marijuana or related supplies by a qualifying patient or personal caregiver for use by a qualifying patient for the treatment of a debilitating medical condition. Non-Medical Marijuana Sales means the purchase, sale, transfer or delivery of marijuana, cannabis, cannabis-based products or cannabis plant(s) when such sale, transfer or delivery is not associated with any medical purpose or use, whether or not such purchase, sale, transfer or delivery is lawful under federal or state law. 2
Personal caregiver means a person who is at least 21 years old who has agreed to assist with a qualifying patient s medical use of marijuana and has a caregiver identification card issued by the Florida Department of Health. A personal caregiver may assist no more than five qualifying patients at one time. An employee of a hospice provider, nursing, or medical facility may serve as a personal caregiver to more than five qualifying patients as permitted by the Florida Department of Health. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use by the qualifying patient. Qualifying patient means a person who has been diagnosed to have a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Florida Department of Health does not begin issuing identification cards within nine months after the effective date of the Constitutional amendment, then a valid physician certification will serve as a patient identification card in order to allow a person to become a qualifying patient until the Florida Department of Health begins issuing identification cards Section 2. That Section 56-122, Alcoholic beverages, location criteria, of the Code of Ordinances, City of Naples is hereby amended to read as follows (with underlining indicating additions and strikethrough indicating deletions): Sec. 56-122. Alcoholic beverages, medical marijuana dispensary, and medical marijuana treatment center location criteria. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Licensed premises means the room, place of business or establishment in which liquors, wines, or beers or medical marijuana are sold or dispensed. Special use is a type of temporary use, and means an event providing a communitywide activity which is temporary in nature and would not be typically permitted on a permanent basis and which requires a temporary use permit per section 46-39. A special use event includes such events as festivals, circuses, fairs, carnivals and the like. (b) Growth, sale or dispensation of marijuana, including medical marijuana prohibited. The growth of marijuana, operation of a marijuana farm, operation of a medical marijuana dispensary, operation of a medical marijuana treatment 3
center, or the sale or dispensation of marijuana, including medical marijuana, within the city, is prohibited. (bc) Sale near church or school prohibited. The sale of liquors, wines or beers for consumption on or off the premises shall be prohibited by any licensee where the location of the licensed premises is within 400 feet of any established church or school. (cd) Measurement of distance from church or school. The distance of 400 feet shall be measured as follows: (1) The distance of 400 feet shall be measured as the shortest distance between the lot on which the existing church or school is located and the lot on which the alcoholic beverages or, if approved, under paragraph (2) below, medical marijuana, are to be sold, except that establishments located in shopping centers shall be measured to the outer wall of the alcoholic beverage or medical marijuana establishment. (de) Establishment of church or school near existing licensee. Whenever a licensee has procured a license permitting the sale of beverages containing more than 1 percent of alcohol by weight, and thereafter a church or school is established within a distance otherwise prohibited by this section of the place of business of the licensee, the establishment of such church or school shall not be cause for the revocation of the license of such licensee and shall not prevent the subsequent renewal of such license. (ef) (fg) [Reserved.] Waiver of distance requirements. (1) The 400-foot distance requirement in subsection (b c) of this section and the 500-foot distance requirement in subsection (e) of this section may be reduced where the city council makes a determination by resolution that for such establishment and church or school or other established licensee that the specified distance in subsection (b c) or (e) of this section is not required to protect the health, safety and welfare, based on the following factors: a. The actual location and distance from the church or school or other established licensee; b. The days and hours of operation of the proposed alcoholic beverage establishment and of the church or school or other established licensee; 4
c. If the request is for a reduction in the required distance from a school, the age group and number of persons attending the school and the nature and curriculum of the school; d. The nature of the operation of the proposed alcoholic beverage establishment such as the number of the rooms in the hotel or motel, the nature and type of club, the type and size of restaurant, including the restaurant floor space and seating capacity and whether full course meals are served, the number of lanes in the bowling alley, or the type and size of bar, including the bar floor space and seating capacity; e. Consideration of the public's convenience and necessity. (2) If the prohibition contained in subsection (b) above is determined to be unconstitutional or invalid by a court of competent jurisdiction, the regulations contained in paragraphs (c) through (f) above and in subsections (2) and (3) below, shall apply to medical marijuana dispensaries and medical marijuana treatment centers. (23) The city council, when considering the factors set forth in subsection (f)(1) of this section, may grant those waiver requests which tend to most fully meet each of the individual requirements, i.e., the closer to the required distance the more likely the waiver. The waiver request shall be granted only to the individual making the request. The city council may approve, deny, or approve with conditions such request. (34) The applicant shall submit the request for waiver of the distance requirements to the city manager along with an application fee as set forth in appendix A to this Code. The city manager shall provide 15 days' written notice of the request to the church or school or other established licensee which is located within the required distance. Failure to provide such notice shall not render the action of city council void. The city manager shall notify owners of property located within 500 feet of the property involved in the petition, informing them of the date, time, place and reason for the public hearing. Failure to notify all owners of property located within 500 feet by mail will not render any action taken on such petition void. (g) Special uses. The city council may waive by resolution the location criteria for the sale of alcoholic beverages in subsections (b) and (e) of this section for special uses. The request for a waiver of the location criteria shall be submitted to the city manager, along with any other permits required, at least 90 days prior to the special use. Prior to waiving the location criteria, the city council shall find that the sale of alcoholic 5
beverages will not have a negative impact on the normal operation of the school or church or an established licensee. (h) Section 3. Compliance with other regulations. All establishments for the sale or consumption on the premises of alcoholic beverages also shall comply with chapter 6, pertaining to alcoholic beverages. That Section 58-743, M Medical District, Conditional Uses, of the Code of Ordinances, City of Naples is hereby amended to read as follows (with underlining indicating additions and strikethrough indicating deletions): Sec. 58-743 Conditional uses. Conditional uses in the M district are as follows: (1) Hospitals. (2) Residential uses which are compatible and have a direct service relationship to the permitted uses in this district. Residential uses shall follow the R3-12 district requirements for minimum lot width, minimum yards, minimum floor area, maximum height and minimum off-street parking rather than those of this district (up to 12 units per net acre). (3) Commercial uses which are compatible with and have a direct service relationship to the uses of the district. (4) Parking garages. (5) As defined in section 44-8 and as provided in section 56-122 (b), medical marijuana dispensaries and medical marijuana treatment centers, are specifically prohibited in all districts within the city. However, if the prohibition contained herein is determined to be unconstitutional or invalid by a court of competent jurisdiction, they may be permitted as a conditional use in the M Medical District. This does not include non-medical marijuana sales or marijuana farms, which are strictly prohibited in all districts. Section 4. Section 5. If any word, phrase, clause, subsection or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance That all sections or parts of sections of the Code of Ordinances, all ordinances or parts of ordinances, and all resolutions or parts of 6
resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 6. This ordinance shall take effect immediately upon adoption at second reading. APPROVED AT FIRST READING AND PUBLIC HEARING THIS DAY OF, 2014. PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEARING IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA THIS DAY OF, 2014. Attest: Patricia L. Rambosk, City Clerk John F. Sorey III, Mayor Approved as to form and legality: Robert D. Pritt, City Attorney Date filed with City Clerk: 8579562 _1 016763.0001-8/19/2014 3:22:03 PM 7