| | | | | | | |  | Ordinances - R5 A
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | January 25, 2017 | | | | 5:01 p.m. First Reading Public Hearing
| | SUBJECT: | MEDICAL CANNABIS MORATORIUM ON ESTABLISHING USE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PERTAINING TO ESTABLISHING A TEMPORARY MORATORIUM FOR UP TO AN ADDITIONAL 90 DAYS, THROUGH MAY 17, 2017, FROM THE EFFECTIVE DATE OF THIS ORDINANCE ON THE ACCEPTANCE, REVIEW, APPROVAL OR ISSUANCE OF ANY LAND DEVELOPMENT PERMITS AS THE TERM IS DEFINED IN FLORIDA STATUTES SECTION 163.3164(16), BUSINESS TAX RECEIPTS OR ANY OTHER LICENSE OR PERMIT FOR THE ESTABLISHMENT OR OPERATION OF DISPENSING FACILITIES WITHIN THE CITY ENGAGED IN THE ON-SITE DISTRIBUTION, SALE, DELIVERY OR RETAIL OF LOW-THC CANNABIS, MEDICAL CANNABIS OR CANNABIS DELIVERY DEVICES PURSUANT TO SECTIONS 381.986 AND 499.0295 OF THE FLORIDA STATUTES, IN ORDER TO PROVIDE THE CITY WITH AN OPPORTUNITY TO REVIEW AND ENACT REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF DISPENSING FACILITIES; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE RETROACTIVE TO OCTOBER 19, 2016; FOR ZONING IN PROGRESS PURPOSES, THIS ORDINANCE SHALL BE EFFECTIVE UPON FIRST READING OF THIS ORDINANCE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for February 8, 2017. |
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| | | | | | | | ANALYSIS
| BACKGROUND
At the request of Commissioner Ricky Arriola, the City Attorney’s Office drafted a temporary moratorium ordinance on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of dispensing facilities within the city engaged in the on-site distribution, sale, delivery or retail of low-thc cannabis, medical cannabis. The ordinance (2016-4051) was adopted on November 9, 2016 (item R5A) for a period of five months, retroactive to October 19, 2016.
On December 12, 2016, the Land Use and Development Committee recommended that the subject moratorium be extended an additional three (3) months.
ANALYSIS
The proposed temporary moratorium would apply to the establishment and operation of medical cannabis dispensing facilities within the corporate limits of the City of Miami Beach. Under the proposed moratorium, the City would not accept, process or approve any application for business tax receipts, building permits, land use changes, zoning variances or permits, or any other development permits for any property, entity, or individual concerning or related to dispensing facilities engaged in permitted uses under Florida law. This would apply to principal or accessory uses.
As proposed, the moratorium extension would remain in effect until May 17, 2017, unless earlier rescinded, repealed or extended by an Ordinance of the City Commission. The current moratorium, although showing an expiration of February 18, 2017, is actually set to expire on March 18, 2017, as that is 5 months from the retroactive adoption date of October 19, 2016.
Although May 17, 2017 is only 2 months from actual expiration, that was the date that was noticed, and would control. If the Commission should endeavor to extend the moratorium past May 17, 2017, it may do so under a separate advertisement.
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the ordinance at First Reading and set a Second Reading Public Hearing for February 8, 2017. |
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| | | | | | | | Legislative Tracking
Planning / Office of the City Attorney |
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| | | | | | | | Sponsor
Commissioners Ricky Arriola and Joy Malakoff |
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