Item Coversheet

Ordinances - R5  A




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  5, 2019
 

10:05 a.m. Second Reading Public Hearing

SUBJECT:

DISTANCE SEPARATION AND PROHIBITION ON VAPING AND SMOKE SHOPS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 114, ENTITLED "GENERAL PROVISIONS," AT SECTION 114-1, ENTITLED "DEFINITIONS," TO DEFINE RETAIL TOBACCO PRODUCTS DEALER, RETAIL VAPE PRODUCTS DEALER, RETAIL SMOKING DEVICES DEALER, TOBACCO/VAPE DEALER, CIGAR/HOOKAH BAR, AND RELATED TERMS; CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SECTION 142-311, ENTITLED "ALTON ROAD GATEWAY AREA DEVELOPMENT REGULATIONS," TO PROHIBIT TOBACCO/VAPE DEALERS; CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AT SECTION 142-335, ENTITLED "PROHIBITED USES," TO PROHIBIT TOBACCO/VAPE DEALERS; CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE III, ENTITLED "OVERLAY DISTRICTS," DIVISION 12, ENTITLED "ART DECO MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT," AT SECTION 142-870.11, ENTITLED "COMPLIANCE WITH REGULATIONS," TO PROHIBIT TOBACCO/VAPE DEALERS; AND CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE V, ENTITLED "SPECIALIZED USE REGULATIONS," ESTABLISHING DIVISION 11, TO BE ENTITLED "TOBACCO AND VAPING PRODUCTS," TO PROHIBIT TOBACCO/VAPE DEALERS IN PROXIMITY TO ELEMENTARY, MIDDLE, AND SECONDARY SCHOOLS, AND ESTABLISH DISTANCE SEPARATION REQUIREMENTS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.


RECOMMENDATION

The administration recommends that the City Commission adopt the subject ordinance.

ANALYSIS

HISTORY

On January 16, 2019, at the request of Commissioner Micky Steinberg, the City Commission referred the discussion item to the Land Use and Development Committee (Item C4 AE).

 

On February 20, 2019, the Land Use and Development Committee (LUDC) discussed the item and recommended that the City Attorney’s Office draft an ordinance for consideration. The LUDC continued the item to the April 3, 2019 meeting. 

 

On April 3, 2019 the LUDC discussed the attached ordinance and recommended that the City Commission refer it to the planning board.  In addition to discussing the regulations set forth in the draft ordinance, the LUDC also consider the following recent motion from the Quality Education Committee (QEC):

 

The Miami Beach Committee for Quality Education request the Miami Beach Commission to restrict any establishments that sell tobacco and smoke products and/ or paraphernalia and accessories to be located more than 300 feet from schools, and that 41st Street be designated a prohibition zone with no waiver/variance provisions.

 

On February 20, 2019, the Land Use and Development Committee (LUDC) discussed separate ordinance amendments pertaining to the Lincoln Road, Art-Deco / MiMo and Alton-Gateway areas of the City. As part of this discussion, further limitations on the following types of uses were proposed:

 

1.     Vaping stores.

 

2.     Smoke and tobacco stores.

 

3.     Hookah stores.

 

4.     Related smoking paraphernalia stores.

 

Specifically, the LUDC recommended that a separate ordinance, prohibiting the above noted uses within the Lincoln Road, Art-Deco / MiMo, and Alton-Gateway areas of the City, be referred to the Planning Board.  The ordinance, pertaining to the prohibition of these uses in certain areas of the City, was referred to the Planning Board by the City Commission on March 13, 2019 (Item C4 O). 

 

On April 3, 2019, in order to avoid duplication, the LUDC recommended that these related ordinances be combined for legislative purposes.  The LUDC also recommended the following modifications to the ordinance:

 

1.     A minimum distance separation of 1200 feet between all affected establishments, citywide.

 

2.     The distance separation from schools shall be increased to 500 feet.

 

On April 10, 2019, the City Commission referred the ordinance to the Planning Board for review and recommendation (Item C4 AD).

 

PLANNING ANALYSIS

E-cigarette usage among minors in and out of schools continues to grow.  U.S. Food and Drug Administration (FDA) reported that more than 2 million middle and high school students used e-cigarettes in 2017 and nearly 10.7 million teens are at risk for e-cigarette use and potential addiction.  New research has started to shed light that e-cigarettes can be just as or more dangerous and addicting than tobacco products.  The Journal of Pediatrics published a recent study, which found that there were 5 cancer causing toxins in the urine of 16-year-old adolescents who inhaled e-cigarette vapor. The U.S. Center for Disease Control (CDC) indicates that 9 out of 10 smokers begin smoking before the age of 18.  Young people that smoke are at risk of nicotine addition, reduced lung growth, reduced lung function, and early cardiovascular disease.  As a result, the proposed ordinance prohibits retail vaping and tobacco dealers within 500 feet of a school, in order to limit access and visibility of these products to minors.

 

There has also recently been a proliferation of vape and smoking device dealers opening in several of the culturally-significant and tourist-oriented areas of the City.  These uses are negatively affecting the aesthetics and attractiveness of the areas.  To minimize this negative impact, the proposed ordinance prohibits such establishments in these significant areas.  This includes the Art Deco/MiMo Commercial Character Overlay District, Lincoln Road area, Collins Park area, 41st Street corridor, and the Alton Road Gateway area.  Additionally, the ordinance requires that such establishments be separated by a minimum distance of 1,200 feet throughout the City.

 

The subject ordinance combined the City Commission referrals of March 13, 2019 (Item C4 O) and April 10, 2019 (Item C4 AD) into a single ordinance. 

 

PLANNING BOARD REVIEW

On April 30, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-1. The Planning Board also recommended that licensed medical cannabis dispensaries be exempt from the regulations of the proposed ordinance, as vaping products are a form of delivery for medical cannabis, and the number and location of medical cannabis dispensaries is already limited by current code. 

 

UPDATE

The subject ordinance was approved at first reading on May 8, 2019, with no changes.

CONCLUSION

The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Vice-Mayor Joy Malakoff

ATTACHMENTS:
Description
Ordinance
Ad