CC 03/14/2016 Minutes - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Minutes of March 14, 2016 — Regular Meeting Page 7 of 14 Staff Presentation: Planner Emily Hanna gave an overview of Ordinance 16 -1439, explaining that the proposed ordinance was for the purpose of creating standards, defining medical marijuana, providing additional other definitions, and creating conditional use criteria for medical marijuana within the City of Casselberry. She further explained that the City's 180 -day moratorium on medical marijuana in the city limits had expired in January of 2016, and although a ballot initiative in November of 2014 had failed, there were medical marijuana initiatives which had been approved and had enough petition signatures to appear on the November 2016 ballot. She advised that other Florida municipalities had adopted or were in the process of adopting ordinances to regulate the use and location of medical marijuana dispensaries and medical marijuana treatment centers, and the proposed Ordinance 16 -1439 was a proactive measure for the City to take in the event the initiatives should pass on the November 2016 ballot. She then went over the details contained in the proposed ordinance, including definitions; medical marijuana dispensary and treatment center requirements; and conditional use duration and revocation. She advised that the City Manager and the Community Development Director had recommended approval of Ordinance 16 -1439 on first reading, and staff was available for any questions the Commission might have. City Attorney Katie Reischmann advised that there was a presumption that at some point the legislature was going to preempt local government regulation of medical marijuana, and the advantage of already having an ordinance such as this on the books would be the possibility of being grandfathered in and allowed to continue to regulate. She added that many cities were simply saying no to any dispensaries on the basis that it was still illegal under federal law, and that was another possibility; however, in light of the fact that there was the medical marijuana mandate under state law, the City would probably be better served to go ahead and regulate it. She also noted that only medical marijuana would be on the November ballot, not recreational marijuana, and there was a medical marijuana bill pending in front of the governor which would expand the use of medical marijuana for people near death and allow for additional dispensaries and nurseries; however, that bill had not yet been signed to her knowledge. Budget Impact: There is no impact to the City Budget. Recommendation: The City Manager and the Community Development Director recommended approval of Ordinance 16 -1439 on first reading. Audience Participation: No one came forward to address Ordinance 16 -1439. MOTION: Commissioner Solomon moved to approve Ordinance 16 -1439 on first reading, as presented. Motion was seconded by Commissioner Aramendia. Motion carried unanimously by voice vote 5 -0. B. Ordinance 16 -1440 — Amending City Code Chapter 10, Alcoholic Beverages The City Clerk read Ordinance 16 -1440 by title as follows: "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, AMENDING SECTION 10 -1, DEFINITIONS OF THE CITY CODE OF ORDINANCES, OF CHAPTER 10, ALCOHOLIC BEVERAGES, PART H, TO INCLUDE A DEFINITION FOR "BOTTLE CLUB" AND "EDUCATIONAL INSTITUTION "; REMOVING SECTION 10 -4, FIXING HOURS OF SALE FOR NEW YEARS EVE; REMOVING SECTION 10 -6, ADVERTISEMENT OF SUNDAY SALES;