2017-O-35ORDINANCE NO. 2017-0-35
AN EMERGENCY ORDINANCE OF THE CITY OF
EDGEWATER, FLORIDA, ESTABLISHING A TEMPORARY
MORATORIUM ON GROWING, CULTIVATION, PROCESSING,
MANUFACTURING, DISPENSING, DISTRIBUTION AND
WHOLESALE AND RETAIL SALE OF MEDICAL CANNABIS,
LOW -THC CANNABIS, AND DERIVATIVE PRODUCTS, OR
ANY RELATED ACTIVITIES; ESTABLISHING A TEMPORARY
MORATORIUM ON THE OPENING, RELOCATION, OR
EXPANSION OF ANY MEDICAL MARIJUANA DISPENSING
FACILITY WITHIN THE CITY OF EDGEWATER; DIRECTING
CITY STAFF TO AMEND LAND DEVELOPMENT
REGULATIONS AND OTHER RECOMMENDATIONS
REGARDING SUCH CANNABIS -RELATED ACTIVITIES;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Pursuant to Section 2(b), Article VIII of the Constitution of the State of Florida,
and Section 166.021(1), Florida Statutes, the City of Edgewater, Florida (the "City"), a
municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to
conduct municipal government, perform municipal functions, and render municipal services, and
may exercise any power for municipal purposes, except as expressly prohibited by law.
2. In June 2014, Senate Bill 1030, the Compassionate Medical Cannabis Act of
2014, was signed into law, allowing for the use of a form of low -THC cannabis, commonly
known as Charlotte's Web. Florida Statutes, Section 381.986, "Compassionate use of low -THC
cannabis" required the Florida Department of Health (FLDOH) to create regulations for medical
cannabis; therefore the Office of Compassionate Use (OCU) was established. The OCU is
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responsible for maintaining the Compassionate Use Registry and for overseeing the dispensing
organizations.
3. Over the next year, FLDOH developed detailed rules regarding medical cannabis,
which were added to the Florida Administrative Code. Under these regulations, 5 dispensing
organizations, responsible for the cultivation, processing, and dispensing of low -THC cannabis,
will be allowed throughout the state, with each being assigned to a specific region — northwest,
northeast, central, southwest, and southeast. Five dispensing organizations were announced on
November 23, 2015; with the dispensing of marijuana to begin in the fall of 2016.
4. In March 2016, House Bill 307 was signed into law, expanding the
Compassionate Medical Cannabis Act. Specific regulations were incorporated into the statutes
for the cultivation, processing, and dispensing of medical cannabis. Strict standards were
developed for physician authorization and treatment plans, safety of dispensing organizations
throughout all processes, and quality and health standards for the plants being grown. The same
5 dispensing organizations authorized previously would also be responsible for the cultivation,
processing, and dispensing of the full strength medical cannabis.
5. On July 26, 2016, the first dispensing organization began to distribute medical
cannabis in Tallahassee, with a second facility opening in August from the same company. A
third dispensary (from a second company) was opened in September. Two more dispensing
organizations were set to begin dispensing in November, and even more facilities from these
organizations following swiftly.
6. Amendment 2 on the November 2016 ballot in Florida, as approved, further
expanded the use and distribution of medical cannabis in the state.
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7. The City Council adopted Ordinance No. 2017-0-01 on February 6, 2017, which
modified Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending
and restating Article II (Definitions), and Article III (Permitted, Conditional, Accessory and
Prohibited Uses) to establish zoning regulatory framework for the location and permitting of
establishments that dispense medical cannabis.
8. A medical marijuana dispensing facility subsequently opened in the City in June
of 2017.
9 On June 9, 2017, during a special session, the Florida Legislature passed SB 8A
and SB 6A, implementing Article X, Section 29 of the Florida Constitution implementing
statewide medical marijuana regulations. Unless dispensing facilities are banned, these
regulations stipulate that a municipal government shall not establish where or how many
dispensing facilities may locate within said municipality.
10. It is not the intent of this moratorium to interfere with existing dispensing
facilities.
11. The City Council hereby directs its staff to evaluate the process for the issuance of
development permits, business licenses or other approvals regulating the sanctioning of
dispensing facilities within the City to determine whether changes are necessary to assure
compliance with state regulations.
12. To provide the City staff with sufficient time to complete the analysis directed
herein, it is necessary to declare a moratorium on the filing and/or receiving of applications or
petitions for the establishment of dispensing facilities.
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13. The City of Edgewater believes that by establishing a moratorium for 180 days,
the City will have the opportunity to research and study various regulatory options for dispensing
facilities.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AN EMERGENCY ORDINANCE OF THE CITY OF
EDGEWATER, FLORIDA, ESTABLISHING A TEMPORARY
MORATORIUM ON GROWING, CULTIVATION, PROCESSING,
MANUFACTURING, DISPENSING, DISTRIBUTION AND
WHOLESALE AND RETAIL SALE OF MEDICAL CANNABIS,
LOW -THC CANNABIS, AND DERIVATIVE PRODUCTS, OR ANY
RELATED ACTIVITIES; ESTABLISHING A TEMPORARY
MORATORIUM ON THE OPENING, RELOCATION, OR
EXPANSION OF ANY MEDICAL MARIJUANA DISPENSING
FACILITY WITHIN THE CITY OF EDGEWATER; DIRECTING
CITY STAFF TO AMEND LAND DEVELOPMENT
REGULATIONS AND OTHER RECOMMENDATIONS
REGARDING SUCH CANNABIS -RELATED ACTIVITIES;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE AND ADOPTION.
PART B. MORATORIUM.
A moratorium on the submission, processing and issuance of business tax receipts,
certificates of use, development permits, development orders or other permits or approvals for
the operation of dispensing facilities, as defined herein, is hereby established for a period of one
hundred eighty (180) days from the effective date of this ordinance.
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PART C. EXISTING BUSINESSES.
This moratorium shall not affect any business currently operating within the City of
Edgewater pursuant to a validly issued business tax receipt and certificate of use as long as the
business and property are in compliance with all applicable, local, county, and state laws.
PART D. NEW BUSINESSES.
Applications for business tax receipts, certificates of use, development permits,
development orders or other permits for approvals for the operation of dispensing facilities, as
defined in Article II of the City's Land Development Code, received after the date of the reading of
this ordinance shall be held in abeyance until the conclusion of the moratorium period.
PART E. RENEWALS.
The Director of Development Services, or his designee, is authorized to renew the business
tax receipt, certificate of use, development permit, development order or other permit or approval
of any existing business affected by this moratorium in the event of expiration before the
conclusion of this moratorium, upon a finding that the business has complied with all applicable
regulations.
PART F. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART G. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such
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holding shall not affect its applicability to any other person, property, or circumstance.
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to
accomplish such intention; provided, however, that Parts F through J shall not be codified.
PART I. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART J. ADOPTION.
After Motion to approve by
by
held on July 17, 2017, was as follows:
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
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and Second
the vote on the first reading of this ordinance
AYE NAY
PASSED AND DULY ADOPTED this 17th day of July, 2017.
ATTEST:
Robin L. Matusick
City Clerk/Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Ciocchetti
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Mike Wasiak U
M or
— \
Aoved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of July, 2017 under Agenda Item No. 8C-