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.
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As proposed, the moratorium extension would remain in effect until May 17, 2017, unless earlier rescinded, repealed or extended by an Ordinance of the City Commission.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.
Since May 17, 2017 is the date that was noticed, it would control. If the Commission should endeavor to extend the moratorium past May 17, 2017, it may do so under a separate advertisement.
The subject moratorium was approved at First Reading on January 25, 2017.