Okaloosa County BOCC — July 11, 2017 — Medical Marijuana Ordinance post legislative session for July 11 hearing clean — reading text

ORDINANCE NO. 17 -____ AN ORDINANCE OF THE OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR THE REGULATION OF MEDICAL MARIJUANA DISPENSING FACILITIES AND TREATMENT CENTERS; AMENDING THE OKALOOSA COUNTY LAND DEVELOPMENT CODE, ORDINANCE 91-01, AS AMENDED; PROVIDING FOR LEGISLATIVE FINDINGS OF FACT; PROVIDING FOR AUTHORITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR A NEW TERMS TO BE ADDED TO APPENDIX A, DEFINITIONS, OF THE LAND DEVELOPMENT CODE; PROVIDING FOR A NEW SECTION 2.09.04.21; PROVIDING FOR A NEW SECTION 2.10.04.R; AMENDING SECTION 2.07.04.2; PROVIDING FOR A NEW SECTION 2.20.10 INCLUDING PROVISIONS FOR SEPARATION REQUIRMENTS BETWEEN MEDICAL MARIJUANA FACILITIES AND PUBLIC AND PRIVATE SCHOOLS, PROHIBITION OF DRIVE THROUGH AND MOBILE VENDING; PROVIDING FOR THE REPEAL OF OKALOOSA COUNTY ORDINANCE NO. 17-01; PROVIDING FOR AREA EMBRACED; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE OKALOOSA COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article VIII of the Florida Constitution and Section 125.66, Florida Statutes, Okaloosa County possesses the power to enact ordinances in order to protect the health, safety, and welfare of the County's citizens; and WHEREAS, medical marijuana dispensing facilities and treatment centers are new and unique uses which are not currently addressed by the Okaloosa County Code; and WHEREAS, the Okaloosa County Board of County Commissioners determines that it is in the best interest of its residents, businesses, and visitors to enact sufficient zoning regulations to ensure their health, safety and welfare relating to the cultivation, possession, processing, transfer, transport, selling, distribution, and dispensing of medical marijuana; and WHEREAS, regarding medical marijuana dispensing facilities, section 381.986, Fla. Stat., permits counties to "determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas of that county"; and 1  WHEREAS, a one hundred and eighty (180) day moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action of Okaloosa County permitting or having the effect of permitting new medical marijuana dispensing or treatment center facilities was adopted in Ordinance No. 17-01 by the Okaloosa County Board of County Commissioners on January 17, 2017, and effective on January 23 2017, to allow time to review, study, hold public hearings, and prepare and adopt an amendment or amendments to the Okaloosa County Code to address this new and unique use; and WHEREAS, the moratorium has provided an opportunity to consider appropriate regulatory standards for the location, zoning of medical marijuana dispensing facilities and treatment centers in unincorporated area of Okaloosa County; and WHEREAS, the regulation of the location and other permitting requirements of medical marijuana dispensing facilities and treatment centers in the unincorporated area of Okaloosa County requires the consideration of special issues related to the operation of such facilities; and WHEREAS, adoption of this Ordinance will further the health, safety, and welfare of the citizens of Okaloosa County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. Authority. This Ordinance is enacted pursuant to Sec. 125.66, Fla. Stat. and under the home rule powers of the County in the interest of the health, peace, safety and general welfare of the people of Okaloosa County. Section 2. Intent and Purpose. The Board of County Commissioners finds and declares that it is in the best interest of the general public and there exists a need to enact an ordinance addressing the criteria for the number, location, and other permitting requirements that do not conflict with state law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas of that County. 2  Section 3. Amendment of Appendix A of the Land Development Code. Appendix A of the Okaloosa County Land Development Code is hereby amended to add the following definitions: Dispensing organization means an organization approved by the State Department of Health to cultivate, process, transport, and dispense low-THC cannabis or medical cannabis pursuant to Section 381.986, Florida Statutes. Freestanding building means an unattached building, standing alone, containing one business, rather than a row of stores or businesses with common roof and sidewalls. Medical marijuana dispensing facility means a facility that is operated by an approved dispensing organization. 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, or educational materials to qualifying patients or their caregivers and is registered by the Florida Department of Health, pursuant to Article X, Section 29 of the Florida Constitution. Mobile vending means the restriction of the selling of goods or the providing of personal services from mobile vendors within Okaloosa County; whether on private property, public property or rights-of-way. Mobile vending is also encompasses vehicle, daily, and seasonal vendors, as further defined below: (1) Vehicle vendor is an individual or group selling products from a self-contained truck, trailer, or self-propelled conveyance, independent with respect to water, sewer and power utilities, capable of moving or being moved, used for the preparation and/or sale of products. (2) Daily vendors is an individual or group which operate from a fixed location but vacate the location daily. (3) Seasonal vendors is an individual or group which operate from a fixed location, and do not vacate the premises completely on a daily basis, rather vacate during a portion of the year. All other vendors of goods and services to the general public, whether mobile or not, which do not meet the definition of a mobile vending, shall be considered permanent business uses and shall fully comply with the requirements of the Okaloosa County Code, set forth herein. 3  Section 4. Amendment of Section 2.09.04. Section 2.09.04, permitted uses within the C- 2 zone, of the Okaloosa County Land Development Code is hereby amended to include the following language: 21. Medical marijuana dispensaries subject to the provisions of section 2.20.10. Section 5. Amendment of Section 2.10.04. Section 2.10.4, permitted uses within the C- 3 zone, of the Okaloosa County Land Development Code is hereby amended to include the following language: r. Medical marijuana dispensaries subject to the provisions of section 2.20.10. Section 6. Section 2.20.10 Created. A new section 2.20.10 is added to the Okaloosa County Land Development Code, as follows: 2.20.10 Medical marijuana dispensaries: The operation of medical marijuana dispensing facilities or treatment centers shall comply with the following performance standards: (1) Dispensing. Dispensing by payment for and receipt of medical marijuana shall only be allowed within the facility of a properly registered medical marijuana dispensing facility or treatment center, except that this provision shall not be construed to prohibit delivery to a qualifying patient or caregiver registered with the State of Florida. (2) No drive through service or mobile vending. No medical marijuana dispensing facility or treatment center shall have a drive through or drive in service aisle. Medical marijuana shall not be dispensed, paid for and received via the method of mobile vending. All dispensing, payment for and receipt of products shall occur from inside the medical marijuana dispensing facility or treatment center; provided however, this provision shall not be construed to prohibit delivery of medical marijuana to a qualified patient, as permitted by state law or rule. (3) On-site consumption of medical marijuana. The consumption of medical marijuana is prohibited within a medical marijuana dispensing facility or treatment center, or anywhere on the premises outside of the facility, including, but not limited to the parking areas, sidewalks, or rights-of-way surrounding the facility or center. 4  (4) Sole use. The sole use permitted on the premises of any medical marijuana dispensing facility or treatment center shall be limited to those uses permitted by Florida law and county regulations. No other goods or services shall be provided or sold, and no additional activities shall be conducted on the site which are not authorized by this section. As used in this part, "premises" may include an individual stall in a multi-tenant commercial building (e.g., a stall in a strip mall). (5) Separation distances. No medical marijuana dispensing facility or treatment center shall operate within five hundred feet (500') feet of any pre- existing public or private elementary, middle, or secondary school, located in either unincorporated or incorporated Okaloosa County. For purposes of this section, distance shall be determined by measuring a radius from the closest improved part of the property (excluding stormwater treatment facilities and landscape buffers) supporting the marijuana dispensing facility or treatment center to the nearest parcel of land on which occurs the school. If any portion of a parcel of land containing a pre-existing school lies within the radius, then the dispensing facility or treatment center shall be deemed to be within such distance. (6) Prohibited Activities. Any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana or marijuana product not specifically authorized by the license issued by the Florida Department of Health to the dispensing organization for the subject facility or center. (7) Business Tax Receipt Requirement: Owners or ownership entities of medical marijuana dispensing facilities or treatment centers licensed by the Florida Department of Health, must obtain a Business Tax Receipt from the Okaloosa County Tax Collector for such use. (8) Compliance with other laws. Medical marijuana dispensing facilities or treatment centers shall at all times be in compliance with all applicable state and local laws and regulations. In the event of a conflict between the provisions of state