Title
An Ordinance Of The City Of Hollywood, Florida, Repealing Chapter 109a Of The Code Of Ordinances Entitled “Medical Marijuana Businesses”. (18-T-29)
Body
Staff Recommends: Approval of the attached Ordinance.
Explanation:
On February 1, 2017 the City of Hollywood City Commission adopted Ordinance O-2017-01 which created Chapter 109A of the Code of Ordinances which established regulations and guidelines for Medical Marijuana Business.
Following the adoption of this chapter, in June 2017, the Florida Legislature amended Section 381.986, Florida Statutes by Florida Senate Bill 8-A (2017) which amendment provides for the options that a municipality may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinance permitting or determining the locations for pharmacies licensed under Chapter 465, Florida Statutes, except that a medical marijuana treatment center dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school and a municipality may not charge a medical marijuana treatment center a license or permit fee in an amount greater than the fee charged by such municipality to pharmacies. The City must repeal Chapter 109A of the Code of Ordinances entitled Medical Marijuana Business as it conflicts with State law.
This item is being considered concurrently with the text amendment amending Article 2 of the Zoning and Land Development Regulations entitled “Definitions” to define a Medical Marijuana Treatment Center Dispensing Facility and include it in the definition of Pharmacy, as well as amending Article 3.23 “Distance Separation Requirements” to provide for the separation of Treatment Center Dispensing Facilities from schools (18-T-30).
ATTACHMENT I: Chapter 109a of the Code of Ordinances
ATTACHMENT II: Preemption Language
Recommended for inclusion on the agenda by:
Dr. Wazir Ishmael, City Manager
Gus Zambrano, Assistant City Manager/Sustainable Development
Shiv Newaldass, Interim Director, Department of Development Services
Leslie A. Del Monte, Planning Manager, Planning Division