Laserfiche WebLink
ORDINANCE NO. 2017 - q q I <br />AN ORDINANCE OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, <br />ESTABLISHING A MORATORIUM ON THE SUBMITTAL, <br />PROCESSING, AND ISSUANCE OF LOCAL BUSINESS <br />TAX RECEIPTS AND/OR LAND USE APPROVALS FOR <br />MEDICAL MARIJUANA DISPENSING ORGANIZATIONS <br />AND TREATMENT CENTERS, AS DEFINED HEREIN, <br />FOR A PERIOD OF ONE HUNDRED EIGHTY (180) DAYS <br />FROM THE DATE OF ADOPTION OF THIS ORDINANCE; <br />PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND <br />PURPOSE; PROVIDING FOR CONFLICT; PROVIDING <br />FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE <br />DATE. <br />WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter <br />166, Florida Statutes, the City of Sunny Isles Beach is authorized and required to protect the <br />public health, safety, and welfare of its residents and has the power and authority to enact <br />regulations for valid governmental purpose that are not inconsistent with general or special law; and <br />WHEREAS, enacting legislation for the public health, safety, and welfare is a legitimate <br />public purpose recognized by Florida courts; and <br />WHEREAS, an amendment to the Florida Constitution titled "Use of Marijuana for <br />Debilitating Medical Conditions" has been adopted; and <br />WHEREAS, the amendment may provide for Medical Marijuana Treatment Centers that <br />would acquire, cultivate, possess, process as food or other products, transfer, transport, sell, <br />distribute, dispense, or otherwise administer marijuana or products containing marijuana; and <br />WHEREAS, the Florida Legislature has also enacted the "Compassionate Medical <br />Cannabis Act of 2014," that authorizes a small number of nurseries to act as a "dispensing <br />organization" that is allowed to cultivate and dispense a low -THC cannabis product; and <br />WHEREAS, the City of Sunny Isles Beach does not currently have zoning or other <br />restrictions in place for Medical Marijuana Dispensing Organizations and Medical Marijuana <br />Treatment Centers due to the complete prohibition of marijuana until recently; and <br />WHEREAS, Florida courts have noted that a moratorium is "an important land -use <br />planning tool as a means of preserving the status quo"; and <br />WHEREAS, the City Commission of the City of Sunny Isles Beach desires to maintain <br />the status quo while City staff conducts analysis and studies to determine the effects of Medical <br />1 <br />