An Ordinance of the Town of Indialantic, Brevard County, Florida Relating to Zoning; Making

1 1 ORDINANCE NO. 17-14 2 3 AN ORDINANCE OF THE TOWN OF INDIALANTIC, 4 BREVARD COUNTY, FLORIDA RELATING TO ZONING; 5 MAKING FINDINGS; PROHIBITING MEDICAL 6 MARIJUANA TREATMENT CENTER DISPENSING 7 FACILITIES WITHIN THE TOWN; AMENDING SECTION 8 17-4, TOWN CODE, ADDING, AMENDING, AND 9 REPEALING DEFINITIONS; AMENDING SECTIONS 17- 10 121 THROUGH 17-128, 17-130, AND 17-131, TOWN CODE 11 OF ORDINANCES; REPEALING PROHIBITIONS 12 RELATING TO GROW HOUSES AND MOBILE 13 MARIJUANA DISPENSARIES IN THE R-1-A, R-1-B, R-2, 14 R-3, RP, T, C-1, C-2, AND CH ZONING DISTRICTS; 15 REPEALING PROHIBITIONS RELATING TO MOBILE 16 MARIJUANA DISPENSARIES IN THE C AND SC ZONING 17 DISTRICTS; PROHIBITING MEDICAL MARIJUANA 18 TREATMENT CENTER DISPENSING FACILITIES IN THE 19 R-1-A, R-1-B, R-2, R-3, RP, T, C, C-1, C-2, SC, AND CH 20 ZONING DISTRICTS; AMENDING SECTION 17-133, 21 REPEALING OPERATING, DISTANCE SEPARATION, 22 AND SIGNAGE REQUIREMENTS FOR MEDICAL 23 MARIJUANA TREATMENT CENTER DISPENSING 24 FACILITIES; PROHIBITING CULTIVATION AND 25 PROCESSING MEDICAL MARIJUANA TREATMENT 26 FACILITIES AT SUCH TIME AS SUCH PROVISION IS 27 NOT PREEMPTED TO THE STATE OF FLORIDA; 28 PROVIDING DISTANCE SEPARATION REQUIREMENTS 29 BETWEEN CERTAIN SCHOOLS AND MEDICAL 30 MARIJUANA TREATMENT CENTERS; PROVIDING A 31 SEVERABILITY/ INTERPRETATION CLAUSE; AND 32 PROVIDING FOR AN EFFECTIVE DATE. 33 34 WHEREAS, the Town Council on May 15, 2017, adopted Ordinance No. 17-10, a 35zoning ordinance, regulating marijuana dispensaries; and 36 37 WHEREAS, during Special Session “A” of the 2017 Florida Legislature, Senate 38Bill 8A was adopted on June 9, 2017, regulating the cultivation, processing, and 39dispensing of medical marijuana; and 40

3 Town of Indialantic Ordinance No. 17-14

5 Page 1 of 20

6 1 1 WHEREAS, Senate Bill 8A was signed by the Governor on June 23, 2017 and 2was filed with the Florida Secretary of State, becoming effective as Chapter 2017-232, 3Laws of Florida, regulating the cultivation, processing, and dispensing of medical 4marijuana; and 5 6 WHEREAS, Chapter 2017-232 codifies Section 381.986(11), Florida Statutes, 7preempting local government control over the cultivation, processing, and dispensing of 8medical marijuana and limiting local government ability to regulate dispensing facilities; 9and 10 11 WHEREAS, Section 381.986(11), Florida Statutes, as amended by Chapter 122017-232, Laws of Florida, provides: 13 14 (11) PREEMPTION. —Regulation of cultivation, processing, 15 and delivery of marijuana by medical marijuana treatment 16 centers is preempted to the state except as provided in this 17 subsection. 18 (a) A medical marijuana treatment center 19 cultivating or processing facility may not be located within 20 500 feet of the real property that comprises a public or 21 private elementary school, middle school, or secondary 22 school. 23 (b) 1. A county or municipality may, by ordinance, 24 ban medical marijuana treatment center dispensing facilities 25 from being located within the boundaries of that county or 26 municipality. A county or municipality that does not ban 27 dispensing facilities under this subparagraph may not place 28 specific limits, by ordinance, on the number of dispensing 29 facilities that may locate within that county or municipality. 30 2. A municipality may determine by ordinance 31 the criteria for the location of, and other permitting 32 requirements that do not conflict with state law or 33 department rule for, medical marijuana treatment center 34 dispensing facilities located within the boundaries of that 35 municipality. A county may determine by ordinance the 36 criteria for the location of, and other permitting requirements 37 that do not conflict with state law or department rule for, all 38 such dispensing facilities located within the unincorporated 39 areas of that county. Except as provided in paragraph (c), a 40 county or municipality may not enact ordinances for 41 permitting or for determining the location of dispensing

5 Page 2 of 20

6 1 1 facilities which are more restrictive than its ordinances 2 permitting or determining the locations for pharmacies 3 licensed under chapter 465. A municipality or county may 4 not charge a medical marijuana treatment center a license or 5 permit fee in an amount greater than the fee charged by 6 such municipality or county to pharmacies. A dispensing 7 facility location approved by a municipality or county 8 pursuant to former s. 381.986(8)(b), Florida Statutes 2016, is 9 not subject to the location requirements of this subsection. 10 (c) A medical marijuana treatment center 11 dispensing facility may not be located within 500 feet of the 12 real property that comprises a public or private elementary 13 school, middle school, or secondary school unless the 14 county or municipality approves the location through a formal 15 proceeding open to the public at which the county or 16 municipality determines that the location promotes the public 17 health, safety, and general welfare of the community. 18 (d) This subsection does not prohibit any local 19 jurisdiction from ensuring medical marijuana treatment 20 center facilities comply with the Florida Building Code, the 21 Florida Fire Prevention Code, or any local amendments to 22 the Florida Building Code or the Florida Fire Prevention 23 Code. 24 25(emphasis supplied): and 26 27 WHEREAS, with regard to zoning and land use authority, the Town Council has 28the authority pursuant to Section 381.98(11), Florida Statutes, to prohibit medical 29marijuana treatment center dispensing facilities within the Town, or to regulate them in 30the same manner as pharmacies are regulated; and 31 32 WHEREAS, with regard to zoning and land use authority, the Town has no 33authority pursuant to Section 381.98(11), Florida Statutes, to regulate the cultivation 34and processing of medical marijuana, except to provide a distance separation between 35medical marijuana treatment center cultivation or processing facilities and certain 36schools; and 37 38 WHEREAS, the Town Council recognizes that not every use must be permitted 39in every municipality. See Schad v. Borough of Mount Ephraim, 101 S.Ct. 2176 n. 18 40(1981); and 41

5 Page 3 of 20

6 1 1 WHEREAS, after a public hearing and the taking of public input, the Town 2Council finds that it is in the promotion of the public health, safety, aesthetics, and 3welfare to prohibit medical marijuana treatment center dispensing facilities in the Town; 4and 5 6 WHEREAS, the Town Council must amend the Town Code of Ordinances, as 7amended pursuant to Ordinance No. 17-10, to be consistent with Chapter 2017-232, 8Laws of Florida; and 9 10 WHEREAS, pursuant to Section 381.986(11)(a), Florida Statutes, a medical 11marijuana treatment center cultivation or processing facility must be at least five 12hundred (500) feet away from a public or private elementary school, middle school, or 13secondary school; and 14 15 WHEREAS, to meet the requirements of the Equal Protection Clause of the U.S. 16Constitution and the inverse distance requirement set forth in Saar v. Town of Davie, 17308 F.Supp. 207 (S.D. Fla. 1969); City of Miami v. Woolin, 387 F.2d 893 (5th Cir. 1968); 18and City of Margate v. Amoco Oil Co., 546 So.2d 1091 (Fla. 4th DCA 1989), all new 19public or private elementary schools, middle schools, or secondary schools should be 20required to be at least five hundred (500) feet away from any pre-existing medical 21marijuana treatment center cultivation or processing facility; and 22 23 WHEREAS, it is the intent of the Town Council to prohibit medical marijuana 24treatment center dispensing facilities in all residential zoning districts, the Tourist “T” 25district, the Church “CH” zoning district; the Residential Professional “RP” zoning 26district, and in all commercial zoning districts; and 27 28 WHEREAS, it is the intent of the Town Council to outlaw medical marijuana 29treatment center cultivation and processing facilities throughout the Town, but the Town 30Council is prohibited from doing so according to Section 381.986(11), Florida Statutes; 31and 32 33 WHEREAS, the Town Council recognizes that the preemption of the regulation of 34the location of medical marijuana treatment center cultivation and processing facilities 35could be removed by the Florida Legislature in the future; and 36 37 WHEREAS, it is the intent of the Town Council that medical marijuana treatment 38center cultivation and processing facilities should be prohibited in the Town, and that 39appropriate regulations should be implemented, if the preemption on the regulation of 40such matters is removed by the Legislature; and 41

5 Page 4 of 20

6 1 1 WHEREAS, Future Land Use (“FLU”) Element Objective 1, a part of the 2Comprehensive Plan, states: and 3 4 Objective 1: The Town will continue to manage future 5 growth, development, and redevelopment through the 6 preparation, adoption, implementation, and enforcement of 7 necessary land development regulations by a date 8 consistent with the requirements of Section 163.3202, 9 Florida Statutes; and 10 11 WHEREAS, this Ordinance is consistent with FLU Element Objective 1, because 12the Ordinance regulates the zoning with regard to medical marijuana treatment center 13dispensing facilities, a land development regulation; and 14 15 WHEREAS, FLU Element Policy 1.1 states in pertinent part: 16 17 Policy 1.1: Adopt new regulations or implement existing land 18 development regulations that will contain specific and 19 detailed provisions necessary to implement the 20 Comprehensive Plan, . . .; and 21 22 WHEREAS, this Ordinance is consistent with FLU Element Policy 1.1, because 23the Ordinance is both specific and detailed in its implementation of the Comprehensive 24Plan; and 25 26 WHEREAS, FLU Element Policy 1.3 states in pertinent part: 27 28 Policy 1.3: Maintain and use existing commercial zoning 29 restrictions to maintain commercial areas along Fifth Avenue 30 and A-1-A; . . .; and 31 32 WHEREAS, this Ordinance is consistent with FLU Element Policy 1.3, because 33the Ordinance prohibits medical marijuana treatment center dispensing facilities within 34the Town; and 35 36 WHEREAS, FLU Element Policy 1.5 states: 37 38 Policy 1.5: Maintain the existing zoning pattern which 39 protects the single family areas from the encroachment of 40 incompatible uses and which provides for a mix of residential

5 Page 5 of 20

6 1 1 and non-residential use consistent with the low density 2 residential character of the Town; and 3 4 WHEREAS, this Ordinance is consistent with FLU Element Policy 3.1, because 5the Ordinance is adopted as a part of a comprehensive review of the code to regulate a 6use consistent with Chapter 2017-232, Laws of Florida; and 7 8 WHEREAS, FLU Element Policy 3.1 states: 9 10 Policy 3.1: Continually review the Zoning Code to ascertain if 11 there are any uses permitted or loopholes to allow any uses 12 which are not consistent with the low density character of the 13 Town, and amend the Code accordingly; and 14 15 WHEREAS, the Town Council and the Zoning and Planning Board, sitting as the 16Local Planning Agency, having reviewed this Ordinance and find it to be consistent with 17the Town’s Comprehensive Plan and Future Land Use Element Objective 1 and Policies 181.1, 1.3, 1.5, and 3.1, in particular; and 19 20 WHEREAS, the Town Council and the Zoning and Planning Board find that this 21Ordinance will protect and promote the public health, safety, aesthetics, and welfare of 22the Town, because the Ordinance will prohibit medical marijuana treatment center 23dispensing facilities from areas where children may congregate and will make Town 24zoning regulations consistent with Section 381.986, Florida Statutes, as amended by 25Chapter 2017-232, Laws of Florida. 26 27NOW, THEREFORE, BE IT ENACTED BY THE TOWN OF INDIALANTIC, FLORIDA: 28 29 SECTION 1. That Section 17-4 of the Code of Ordinances of Indialantic, Florida, 30is hereby amended to read as follows: 31 32Sec. 17-4. Definitions. 33 34As used in this chapter, the following words and phrases shall have the meanings 35indicated: 36 * * * 37 (10.1) Building site. Any group of one (1) or more lots or parcels of land occupied 38or intended for development as a unit, whether or not as part of a larger development 39site.

5 Page 6 of 20

6 1 1 (10.2) Child day-care center. An enterprise involving the care of three or more 2children at one and the same time, either by day or night, which children are not foster 3children or related by blood or marriage to the operator. 4 (11) Club vendor. A private club vending alcoholic beverages and intoxicating 5liquors without limitation as to alcoholic content, at retail, for consumption upon the 6premises. 7 * * * 8 (31.2) Groundwater. Water below the surface of the ground whether or not 9flowing through known and defined channels. 10 11 (31.3) Grow House: A grow house is a property, sometimes located in a 12residential neighborhood that is primarily used for the cultivation, or processing, of 13marijuana. A grow house is typically outfitted with equipment to provide water, food, 14and light to the marijuana plants, and the houses themselves are usually kept in good 15condition to blend in with the neighborhood. Illegal electrical hookups are a common 16feature of grow houses, to both save money and to make it harder for authorities to 17identify them due to their unusually high electrical usage. As used in this definition, the 18“processing of marijuana” means the conversion of marijuana into medical marijuana 19products for a qualifying patient’s use. The “cultivation of marijuana” means the growth 20and harvesting of marijuana. A “qualifying patient” is defined in s. 29, Art. X of the 21Florida Constitution. 22 23 (32) Half-story. A story under a sloping roof, the finished floor area of which 24does not exceed one-half (l/2) the floor area of the floor immediately below it; or a 25basement used for human occupancy, the floor area of that part of which thus used, 26does not exceed fifty percent (50%) of the floor area of the floor immediately above. 27 * * * 28 (45) Map. The official zoning map of the town. 29 30 (45.1) Marijuana: Marijuana means a ll parts of any plant of the genus 31 Cannabis , 32whether growing or not; the seeds thereof; the resin extracted from any part of the plant; 33and every compound, manufacture, salt, derivative, mixture, or preparation of the plant 34or its seeds or resin, including low-THC cannabis, which are dispensed from a medical 35marijuana treatment center for medical use by a qualified patient. Marijuana has the 36same meaning as provided in s. 29, Art. X of the Florida Constitution. 37 38 (45.2) Medical marijuana treatment center. A medical marijuana treatment 39center is a location at which cultivation or processing of marijuana may occur as 40permitted by s. 381.986, Florida Statutes. Marijuana-based product: A marijuana- 41based product means a product that contains marijuana or any of its derivatives,

5 Page 7 of 20

6 1 1including, but not limited to, tonics, tinctures, balms, salves, lotions, sprays, ointments, 2drinks, foods, and pills. 3 4 (45.3) Medical marijuana Marijuana treatment center dispensing facility 5dispensary. A medical marijuana treatment dispensing facility is a facility at which 6marijuana is dispensed for medical use and which dispensary is a facility that acquires, 7obtains, transports, sells, distributes, dispenses, or administers marijuana, products 8containing marijuana (including development of related products such as food, tinctures, 9aerosols, oils, or ointments), related legal supplies, or educational materials to qualifying 10patients, as defined in s. 29, Art. X of the Florida Constitution, or their caregivers, as 11defined in s. 29, Art. X of the Florida Constitution, and is licensed by registered with the 12 Florida Department of Health. See s. 381.986, Florida Statutes. A marijuana dispensary 13may also be defined as a “dispensing organization” as provided by Florida law. As used 14in this definition, the term “medical use” is defined as set forth in s. 381.986, Florida 15Statutes. 16 17 (45.4) Mobile marijuana dispensary. A mobile marijuana dispensary is any legal 18entity, clinic, cooperative, club, business, or group which transports, delivers, or 19arranges the transportation, or delivery, of marijuana or marijuana-based products to 20any person. 21A mobile marijuana dispensary may only sell or fill prescriptions for marijuana within a 22district in which a mobile marijuana dispensary is a permitted use, said location being its 23principal place of business. A mobile marijuana dispensary may physically deliver 24marijuana in zoning districts in which a mobile marijuana dispensary is a prohibited use. 25A mobile marijuana dispensary may not sell or fill prescriptions in a zoning districts in 26which a mobile marijuana dispensary is a prohibited use. For the purposes of this 27definition, a “sale” occurs at the principal place of business at which an order for 28marijuana is taken, payment is processed for accounting purposes, and a prescription 29for marijuana is filled. 30 31 (46) Motel. A group of tourist accommodation units and designed primarily for 32access by automobile. 33 * * * 34 (56.1) Satellite dish antenna. An antenna, often paraboloid in form, for receiving 35communication or other signals from satellites along with associated equipment to 36receive, magnify, interpret, and transfer such signals. 37 38 (56.2) School. An institution for instruction and learning whether public or 39private; including grade schools, middle schools, high school, colleges and universities, 40however not including private schools of professional training or day care centers. 41

5 Page 8 of 20

6 1 1 (57) Semi-public use. Any use of land or buildings owned and operated by any 2person, lodge or club, either as a profit or non-profit activity, for a public service or 3purpose. This shall include privately owned utilities, transportation, recreation, education 4and cultural activities and services. 5 * * * 6 7 SECTION 2. That Section 17-121 of the Code of Ordinances of Indialantic, 8Florida, is hereby amended to read as follows: 9 10Sec. 17-121. “R-1-A” Single-Family Residence Districts. 11 12Within “R-1-A” Single-Family Residence Districts the following regulations shall apply: 13 * * * 14 (2.5) Prohibited uses. The following are specifically prohibited uses. Merely 15because a use is not specifically listed does not mean that the use is not prohibited. 16 (a) All uses which are not permitted uses. 17 (b) Vacation rental. 18 (c) Bed and breakfast facilities. 19 (d) Medical marijuana treatment center dispensing facility Grow 20houses. 21 (e) Marijuana dispensaries. 22 (f) Mobile marijuana dispensaries. 23 * * * 24 SECTION 3. That Section 17-122 of the Code of Ordinances of Indialantic, 25Florida, is hereby amended to read as follows: 26 27Sec. 17-122. “R-1-B” Single-Family Residence Districts. 28 29Within “R-1-B” Single-Family Residence Districts the following regulations shall apply: 30 * * * 31 (2.5) Prohibited uses. The following are specifically prohibited uses. Merely 32because a use is not specifically listed does not mean that the use is not prohibited. 33 (a) All uses which are not permitted uses. 34 (b) Vacation rental. 35 (c) Bed and breakfast facilities. 36 (d) Medical marijuana treatment center dispensing facility Grow 37houses. 38 (e) Marijuana dispensaries. 39 (f) Mobile marijuana dispensaries. 40 * * *

5 Page 9 of 20

6 1 1 SECTION 4. That Section 17-123 of the Code of Ordinances of Indialantic, 2Florida, is hereby amended to read as follows: 3 4Sec. 17-123. “R-2” Duplex Residence Districts. 5 6Within “R-2” Duplex Residence Districts the following regulations shall apply: 7 * * * 8 (2.5) Prohibited uses. The following are specifically prohibited uses. Merely 9because a use is not specifically listed does not mean that the use is not prohibited. 10 (a) All uses which are not permitted uses. 11 (b) Vacation rental. 12 (c) Bed and breakfast facilities. 13 (d) Medical marijuana treatment center dispensing facility Grow 14houses. 15 (e) Marijuana dispensaries. 16 (f) Mobile marijuana dispensaries. 17 * * * 18 SECTION 5. That Section 17-124 of the Code of Ordinances of Indialantic, 19Florida, is hereby amended to read as follows: 20 21Sec. 17-124. “R-3” Multi-Family Residence Districts. 22 23Within “R-3” Multi-Family Residence Districts the following regulations shall apply: 24 * * * 25 (2.5) Prohibited uses. The following are specifically prohibited uses. Merely 26because a use is not specifically listed does not mean that the use is not prohibited. 27 (a) All uses which are not permitted uses. 28 (b) Vacation rental. 29 (c) Bed and breakfast facilities. 30 (d) Medical marijuana treatment center dispensing facility Grow 31houses. 32 (e) Marijuana dispensaries. 33 (f) Mobile marijuana dispensaries. 34 * * * 35 SECTION 6. That Section 17-125 of the Code of Ordinances of Indialantic, 36Florida, is hereby amended to read as follows: 37 38Sec. 17-125. “R-P” Residential-Professional Districts. 39 40Within “R-P” Residential-Professional Districts, the following regulations shall apply: 41 * * *

5 Page 10 of 20

6 1 1 (2.5) Prohibited uses. The following are specifically prohibited uses. Merely 2because a use is not specifically listed does not mean that the use is not prohibited. 3 (a) All uses which are not permitted uses. 4 (b) Vacation rental. 5 (c) Bed and breakfast facilities. 6 (d) Medical marijuana treatment center dispensing facility Grow 7houses. 8 (e) Marijuana dispensaries. 9 (f) Mobile marijuana dispensaries. 10 * * * 11 SECTION 7. That Section 17-126 of the Code of Ordinances of Indialantic, 12Florida, is hereby amended to read as follows: 13 14Sec. 17-126. “C” and “C-1” Commercial Districts. 15 16Within “C” and “C-1” Commercial Districts, the following regulations shall apply: 17 18 * * * 19 (1.5) Within “C” Commercial District, the following uses are permitted 20uses: 21 22 (a) Marijuana dispensary. The dispensary must meet the regulations 23set forth in section 17-133 of this code. 24 (b) Mobile marijuana dispensary. 25 * * * 26 27 (3) Prohibited uses. The following uses are prohibited in both the C and C-1 28districts. Merely because a use is not specifically listed does not mean that the use is 29not prohibited. 30 * * * 31 (zz) (aaa) Vacation rentals. 32 (aaa) (bbb) Bed and breakfast facilities. 33 (bbb) Medical marijuana treatment center dispensing facility. Grow 34houses. This provision shall be effective at such time as the state preemption on 35regulating marijuana cultivation or processing facilities is repealed. 36 (ccc) All uses which are not permitted uses. 37 38 (4) “C-l” Commercial Districts. There shall be established on the zoning map 39of the town a commercial district designated as “C-1” which will have the same 40permitted uses and be subject to the same prohibited uses as provided for “C”

5 Page 11 of 20

6 1 1Commercial Districts except that such area shall be subject to the following additional 2prohibited uses: 3 4 (a) Liquor stores. 5 (b) Cocktail lounges or bars. 6 (c) Service stations. 7 (d) Laundromats. 8 (e) Trailer supplies. 9 (f) Marijuana dispensary. 10 (g) Grow houses. This provision shall be effective at such time as the 11 state preemption on regulating marijuana cultivation or processing 12 facilities is repealed. 13 (h) Mobile marijuana dispensary. 14 * * * 15 16 SECTION 8. That Section 17-127 of the Code of Ordinances of Indialantic, 17Florida, is hereby amended to read as follows: 18 19Sec. 17-127. “T” Tourist Districts. 20 21Within “T” Tourist Districts, the following regulations shall apply: 22 * * * 23 (2.5) Prohibited uses. The following are specifically prohibited uses. Merely 24because a use is not specifically listed does not mean that the use is not prohibited. 25 (a) All uses which are not permitted uses. 26 (b) Grow houses. 27 (c) Medical marijuana treatment center dispensing facility Marijuana 28dispensaries. 29 (d) Mobile marijuana dispensaries. 30 * * * 31 SECTION 9. That Section 17-127 of the Code of Ordinances of Indialantic, 32Florida, is hereby amended to read as follows: 33 34Sec. 17-128. CH church districts. 35 36 (a) Intent. The provisions applicable to this district are intended to apply to an 37area which can serve the needs of the community for public and semi-public facilities of 38an educational, religious, recreational, or cultural nature. Within the “CH” Church 39District, the regulations in this section shall apply. 40 * * *

5 Page 12 of 20

6 1 1 (d) Prohibited uses. The following are specifically prohibited uses. Merely 2because a use is not specifically listed does not mean that the use is not prohibited. 3 (1) Vacation rentals. 4 (2) Bed and breakfast facilities. 5 (3) Medical marijuana treatment center dispensing facility Grow 6houses. 7 (4) Marijuana dispensaries. 8 (5) Mobile marijuana dispensaries. 9 (6) Any use which is not specifically or provisionally permitted by this 10section. 11 * * * 12 13 SECTION 10. That Section 17-130 of the Code of Ordinances of Indialantic, 14Florida, is hereby amended to read as follows: 15 16Sec. 17-130. “SC” Shopping Center Districts. 17 18Within “SC” Shopping Center Districts, the following regulations shall apply: 19 20 (1) Permitted uses: All uses permitted in “C” Districts. , including but not 21limited 22to: 23 (a) Marijuana dispensary. The dispensary must meet the regulations 24set forth in section 17-133 of this code. 25 (b) Pharmacy Mobile marijuana dispensary. 26 (2) Standards governing permitted uses. The same standards as provided for 27in “C” Districts. 28 (3) Prohibited uses. The same as prohibited in “C” Districts, including but not 29limited to: 30 (a) Medical marijuana treatment center dispensing facility Grow 31houses. This provision shall be effective at such time as the state preemption on 32regulating marijuana cultivation or processing facilities is repealed. 33 (b) All uses which are not permitted uses. Merely because a use is not 34specifically listed does not mean that the use is not prohibited. 35 * * * 36 SECTION 11. That Section 17-131 of the Code of Ordinances of Indialantic, 37Florida, is hereby amended to read as follows: 38 39Sec. 17-131. C-2 commercial districts. 40 41Within C-2 commercial districts, the following regulations shall apply:

5 Page 13 of 20

6 1 1 2 * * * 3 (3) Prohibited uses. The following uses are prohibited: 4 * * * 5 (uu) Marine repairs. 6 (uu.1) Medical marijuana treatment center dispensing facility. 7 (vv) Mobile homes, sales and service. 8 * * * 9 (ccc) Pest control. 10 (ddd) Plastics manufacturing and/or distribution. 11 * * * 12 (zzz) Grow house. This provision shall be effective at such time as the 13state preemption on regulating marijuana cultivation or processing facilities is repealed. 14 (aaaa) Marijuana dispensary. 15 (bbbb) Mobile marijuana dispensary. 16 (zzz) (cccc) All uses which are not permitted uses. 17 18 SECTION 12. That That the Code of Ordinances of Indialantic, Florida, is hereby 19amended by adding a new section, to be numbered section 17-133, which said section 20reads as follows: 21 22Sec. 17-133. Medical marijuana treatment centers; public or private elementary, 23middle, or secondary schools Marijuana dispensaries; Parks; Schools; and Child 24day-care facilities. 25 26 (a) Marijuana dispensary. A medical marijuana treatment center dispensing 27facility may not be located within five hundred (500) feet of the real property that 28comprises a public or private elementary school, middle school, or secondary school, 29unless the town council approves the medical marijuana treatment center dispensing 30facility location through a formal proceeding open to the public at which the town council 31determines that the location promotes the public health, safety, and general welfare of 32the community. See s. 381.986(11), Florida Statutes. The location of proposed 33marijuana dispensaries, or mobile marijuana dispensaries, shall be at least seven 34hundred fifty (750) feet from any presently existing school, child day-care facility, or 35public park. The distance for determining the minimum distance separation shall be 36measured by following a straight line from the outer property line of the location at which 37the marijuana dispensary is proposed to be located to the nearest outer property line of 38a school, child day-care facility, or public park. Notwithstanding other provisions in this 39code, a legally located mobile marijuana dispensary principal place of business may 40deliver medically prescribed marijuana within seven hundred fifty (750) feet of any

5 Page 14 of 20

6 1 1existing school, child day-care facility, or public park; provided, that no marijuana 2prescription is filled or medical marijuana is sold from the mobile marijuana dispensary. 3 4 (b) Parks; Schools; and Child day-care facilities. The location of a proposed 5park, school, or child day-care facility shall be at least seven hundred feet from any 6presently existing medical marijuana treatment center dispensing facility dispensary or 7mobile marijuana dispensary, except as otherwise permitted in this code. The distance 8for determining the minimum distance separation shall be measured by following a 9straight line from the outer property line of the location at which the marijuana 10dispensary is located to the nearest outer property line of the proposed location of the 11school, child day-care facility, or public park. Notwithstanding other provisions in this 12sub-section, a legally located mobile marijuana dispensary principal place of business 13may deliver medically prescribed marijuana within seven hundred fifty (750) feet of any 14existing school, child day-care facility, or public park; provided, that no marijuana 15prescription is filled or medical marijuana is sold from the mobile marijuana dispensary. 16 17 (c) Marijuana dispensary regulation. 18 19 (c) All medical marijuana treatment centers or medical marijuana treatment 20center dispensing facilities, as described in s. 381.986, Florida Statutes, must comply 21 with the Florida Building Code, the Florida Fire Prevention Code, or any local 22amendments to the Florida Building Code or the Florida Fire Prevention Code. 23 24 (1) A marijuana dispensary, or mobile marijuana dispensary, may 25distribute, purchase, sell, convey, or possess with the intent to sell or convey, marijuana 26or, if not prohibited by Florida law, food products containing marijuana for medical use 27only for the purpose of dispensing and selling marijuana or marijuana-based products to 28a qualifying patient or the patient’s caregiver, all as defined and permitted by Florida 29law. 30 (2) A marijuana dispensary , or mobile marijuana dispensary, must at 31all times be licensed by the State of Florida Department of Health or other department 32regulating marijuana. A marijuana dispensary, or mobile marijuana dispensary, must be 33licensed before possessing, purchasing, conveying, distributing, or retailing marijuana 34or marijuana based products, and copies of its licensure documents must be filed with 35the Town prior to opening for business. It is the responsibility of the owner and the 36operator of the marijuana dispensary, or mobile marijuana dispensary, to have current, 37valid, and unexpired state licensure documents on file at all times with the Town. 38 39 (d) (3) At such time as the preemption to the State of Florida on local 40government regulation of medical marijuana treatment center cultivating or processing 41facilities (grow houses) is repealed, no marijuana or marijuana food products may be

5 Page 15 of 20

6 1 1obtained from a medical marijuana treatment center cultivating or processing facilities 2grow house or marijuana farm may be located in the town Town. All marijuana or 3marijuana food products, if not prohibited by Florida law, must be sold by and at a State 4of Florida licensed and approved marijuana dispensary, and all marijuana must be 5purchased from a medical cultivation or processing facility that has a valid, state of 6Florida-issued permit for said purpose. Unless prohibited by Florida law, a marijuana 7dispensary may not conduct wholesale sales or transactions. 8 9 (4) Marijuana dispensaries and mobile marijuana dispensary must at 10all times meet all the operating criteria for the dispensing of marijuana or marijuana food 11products as required from time to time pursuant to Florida law and administrative 12regulations. 13 14 (5) No drive-in, drive-up, or drive through use shall be permitted as a 15part of any marijuana dispensary. 16 17 (6) At a minimum, a marijuana dispensary or mobile marijuana 18dispensary principal place of business must have storage facilities approved and 19meeting applicable federal and state law and rules. If the state or federal governments 20do not set minimum requirements for storage of marijuana or if federal and state law 21does not prohibit stricter requirements from being adopted by the town, marijuana 22storage must meet the security and storage requirements for Schedule I and Schedule 23II drugs (as defined in § 893.03, Fla. Stat., and 21 U.S.C. 812) as provided in 21 C.F.R. 241301.72. The storage facility or system must be located on the site of the marijuana 25dispensary or mobile marijuana dispensary. It must be continuously and actively used 26for marijuana storage when the marijuana dispensary or mobile marijuana dispensary 27principal place of business is not open and serving the public and at all times during the 28hours when a marijuana dispensary or mobile marijuana dispensary is not open to the 29public as set forth in paragraph (7) below. 30 31 (7) It is unlawful for any person or legal entity operating a marijuana 32dispensary or mobile marijuana dispensary under the provisions of this code to permit 33any breach of peace therein or any disturbance of public order or decorum by any 34riotous or disorderly conduct, or otherwise. It is unlawful for any marijuana dispensary or 35mobile marijuana dispensary to remain open to the public for the sale, distribution, or 36conveyance of marijuana between the hours of 10:00 p.m. and 8:00 a.m. the next day. 37 38 (8) Smoking, ingesting, or other consumption. 39 40 (A) No medical marijuana legally obtained with a physician's 41recommendation or certification shall be smoked, ingested or otherwise consumed in a

5 Page 16 of 20

6 1 1marijuana dispensary. mobile marijuana dispensary or in the parking lot for or adjacent 2to a marijuana dispensary or mobile marijuana dispensary. Any marijuana dispensary 3or the principal place of business of a mobile marijuana dispensary must, at all times 4when such establishment is open to the public or is selling marijuana or marijuana food 5products, have a sign on the premises located where it can be readily seen and read by 6all customers of the marijuana dispensary which is at least six by eight and one-half 7inches in size and with seven-sixteenth inch minimum lettering and contains the 8following information: 9 10IT IS UNLAWFUL TO SMOKE, INGEST, OR CONSUME MARIJUANA INSIDE, OR IN 11THE PARKING LOT, OF THIS ESTABLISHMENT. INDIALANTIC TOWN CODE SEC. 1217-133. 13 14It is unlawful for the owner or operator of any marijuana dispensary or mobile marijuana 15dispensary principal place of business to fail to comply with this section or for any 16person to sell or dispense marijuana in any establishment which is not in compliance 17with this section. The requirements of this section apply to all marijuana dispensaries. 18 19 (B) No marijuana shall be smoked, ingested or otherwise consumed 20in a public right-of-way or anywhere in a C, C-1, C-2, SC, or CH zoning district, unless 21expressly permitted by Florida law. 22 23 (9) All sales and dispensing of marijuana shall be conducted inside the 24premises of the marijuana dispensary. Off-site delivery of marijuana shall be permitted 25by the owner, operator, or any employee of a mobile marijuana dispensary; provided, 26that while delivering marijuana, the marijuana shall be secured in a secured lock box, 27shall not be left in the delivery vehicle without the presence of the owner, operator, or 28employee of the mobile marijuana dispensary, and shall not be left in a delivery vehicle 29for a period when the mobile marijuana dispensary is not open for business as 30permitted by this code. 31 32 (10) A marijuana dispensary or mobile marijuana dispensary shall not 33hold or maintain a State of Florida alcoholic beverage license to sell any type of 34alcoholic beverages, or operate a business that sells alcoholic beverages within the 35town. 36 37 (11) Notwithstanding other provisions of this zoning code, including the 38sign code provisions of section 17-106 through 17-106.5, signage for a marijuana 39dispensary or mobile marijuana dispensary shall be limited to one wall sign not to 40exceed ten square feet in area, one sign not to exceed two square feet which is 41consistent with sub-section 17-133(c)(12) below, one sign not to exceed two square feet

5 Page 17 of 20

6 1 1which is consistent with the wording below in this sub-section 17-133(c)(11), and one 2sign not to exceed two square feet which is consistent with sub-section 17-133(c)(8)(A) 3above,; such signs shall not be internally illuminated. Other provisions of the sign code 4shall be applicable. The identifying sign on the marijuana dispensary exterior, shall 5conspicuously have the following language: 6 7ONLY INDIVIDUALS WITH LEGALLY RECOGNIZED MARIJUANA OR CANNABIS 8IDENTIFICATION CARDS OR A VERIFIABLE, WRITTEN RECOMMENDATION FROM 9A PHYSICIAN FOR MEDICAL MARIJUANA MAY OBTAIN MARIJUANA FROM A 10MARIJUANA DISPENSARY OR MOBILE MARIJUANA DISPENSARY. 11 12The required text shall be a minimum of two inches in height. This requirement shall 13remain in effect so long as the system for distributing or assigning medical marijuana 14identification cards preserves the anonymity of the qualified patient or primary caregiver. 15 16 (12) The marijuana dispensary or mobile marijuana dispensary shall 17provide the Town Manager with the name, phone number, and e-mail or facsimile 18number of an on-site community relations staff person to whom one can provide notice 19during marijuana dispensary or mobile marijuana dispensary business hours if there are 20operating problems associated with the marijuana dispensary or mobile marijuana 21dispensary. A sign as required in sub-section 17-133(c)(11) shall be conspicuously 22place on the exterior of the marijuana dispensary or mobile marijuana dispensary. The 23marijuana dispensary shall make every good faith effort to encourage neighbors to call 24this person to try to solve operating problems, if any, before any calls or complaints are 25made to the police department or other town officials. 26 27 (13) It shall be unlawful for any marijuana dispensary or mobile 28marijuana dispensary to employ any person to engage in the sale, distribution, 29conveyance of marijuana, who is not at least 18 years of age. A person under the age of 3018 years of age may be employed to perform routine maintenance or janitorial work in a 31marijuana dispensary or mobile marijuana dispensary; provided, that such employee 32under the age of 18 years of age shall not handle or touch any marijuana or marijuana- 33based product within the marijuana dispensary. 34 35 (14) Except as permitted in paragraph (14) above, it shall be unlawful for 36any marijuana dispensary or mobile marijuana dispensary to allow any person who is 37not at least 18 years of age on the premises during hours of operation, unless that 38person, is escorted by a parent or guardian who is a qualified patient, or is a qualified 39patient, all with a valid identification card or primary caregiver with a valid identification 40card or a verifiable, all as defined by Florida law, with a written recommendation from a 41physician for medical marijuana.

5 Page 18 of 20

6 1 1 2 (15) A marijuana dispensary or mobile marijuana dispensary shall 3ensure that there is no queuing of motor vehicles in the right-of-way or in any parking lot 4serving or adjacent to a marijuana dispensary. The marijuana dispensary shall take all 5necessary and immediate steps to ensure compliance with this paragraph. 6 7 (e) Medical marijuana treatment centers. A medical marijuana treatment 8center may not be located within five hundred (500) feet of the real property that 9comprises a public or private elementary school, middle school, or secondary school. 10 See s. 381.986(11)(a), Florida Statutes. The distance for determining the minimum 11distance separation shall be measured by following a straight line from the outer 12property line of the location at which the medical marijuana treatment center is 13 proposed to be located to the nearest outer property line of a public or private 14 elementary, middle, or secondary school. 15 16 (f) Schools. The location of a proposed public or private elementary school, 17 middle school, or secondary school shall be at least five hundred (500) feet from any 18presently existing medical marijuana treatment center. The distance for determining the 19minimum distance separation shall be measured by following a straight line from the 20outer property line of the location at which the medical marijuana treatment center is 21 located to the nearest outer property line of the proposed location of the p ublic or 22 private elementary, middle, or secondary school. 23 24 SECTION 13. Severability Clause/Interpretation. 25 26 (a) In the event that any term, provision, clause, sentence or section of 27this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly 28unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or 29unenforceability shall not affect any of the other or remaining terms, provisions, clauses, 30sentences, or sections of this Ordinance, and this Ordinance shall be read and/or 31applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or 32section did not exist. 33 34 (b) That in interpreting this Ordinance, underlined words indicate 35additions to existing text, and stricken through words include deletions from existing 36text. Asterisks (* * * *) indicate a deletion from the Ordinance of text, which exists in the 37Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by 38the asterisks and not set forth in this Ordinance shall remain unchanged from the 39language existing prior to adoption of this Ordinance. 40

5 Page 19 of 20

6 1 1 SECTION 14. Effective Date. This Ordinance shall become effective upon 2adoption of this Ordinance. 3 4 PASSED by the Town Council of the Town of Indialantic on first reading on the 59th day of August, 2017, and ADOPTED by the Town Council of the Town of Indialantic, 6Florida on final reading on the 13th day of September, 2017. 7 8 TOWN OF INDIALANTIC 9 10 11 ______12 David Berkman 13 Mayor 14 15ATTEST:______16 Joan Clark, Town Clerk

5 Page 20 of 20