[Adopted by the Town Commission of the Town of Zolfo Springs 7-18-2016 by Ord. No. 2016-01. Amendments noted where applicable.]
Pursuant to authority vested in the Town through F.S. Ch. 562,
the Town Commission finds that it is necessary to the public safety,
health, and welfare of Town residents to regulate medical cannabis
dispensing facilities within the Town limits. It is the Commission's
intent that this chapter not be inconsistent with general or special
laws of the State of Florida but supplement those laws or possibly
be more stringent when authorized by the Florida Statutes.
This chapter shall be referred to as the "Medical Cannabis Dispensing
Facilities Regulations."
Medical cannabis dispensing facilities must be licensed by the
state as required in F.S. § 381.986. All medical cannabis
dispensing facilities shall at all times be in compliance with all
federal and state regulations, and the Town of Zolfo Springs Town
Code of Ordinances and Land Development Code,[1] as may be applicable and amended from time to time.
[1]
Editor's Note: The Unified Land Development Code is on
file in the Town offices, where it may be examined during regular
business hours.
The on-site sale, provision, or dispensing of medical cannabis
is prohibited except as specifically authorized by either federal
or state law. The on-site cultivating and processing of medical cannabis
shall be prohibited within the Town limits.
The Town adopts by reference the definitions established in
F.S. § 381.986 and Florida Administrative Code 64-4.001,
as they may, from time to time, be amended and those definitions included
in Article 9 of the Zolfo Springs Land Development Code.[1]
[1]
Editor's Note: The Unified Land Development Code is on
file in the Town offices, where it may be examined during regular
business hours.
Table 2.04.01(A), Table of Land Uses, in the Land Development
Code[1] indicates the zoning districts where medical cannabis
dispensing facilities are allowed. Specific zoning requirements are
located in the Land Development Code Section 3.09.04.01.
[1]
Editor's Note: The Unified Land Development Code is on
file in the Town offices, where it may be examined during regular
business hours.
A.
Medical cannabis dispensing facilities and all business signage shall
meet the following separation distance requirements:
(1)
No medical cannabis dispensing facilities shall be located within
500 feet of any property zoned residential or agricultural;
(2)
No medical cannabis dispensing facilities shall be located within
1,000 feet of another medical cannabis dispensing facility.
(3)
No medical cannabis dispensing facilities shall be located within
2,000 feet of any day-care center or public recreation facility;
(4)
No medical cannabis dispensing facilities shall be located within
2,500 feet of any church or school.
B.
This distance shall be measured by following the shortest route of
ordinary pedestrian travel along the public thoroughfare from the
main entrance of the licensee's place of business or proposed
place of business to the main entrance of the property in use as part
of the school, day-care center, public recreation facility, or medical
cannabis dispensary of dispensing organizations or to the edge of
the property zoned residential or agricultural.
Medical cannabis dispensing facilities shall not dispense from
their premises low-THC cannabis, medical cannabis, or a cannabis delivery
device between the hours of 9:00 p.m. and 7:00 a.m., but may perform
all other operations and deliver low-THC cannabis and medical cannabis
to qualified patients 24 hours each day.
No medical cannabis dispensing facilities shall have a drive-through
or drive-in service aisle. All dispensing, payment for, and receipt
of said medical cannabis shall occur from within or inside the medical
cannabis dispensing facilities, unless delivery is made by the dispensing
facility in accordance with the requirements in F.S. § 381.986.
Any parking demand created by a medical cannabis dispensing
facility shall not exceed the parking spaces located or allocated
on site, as required by the Town's parking regulations. An applicant
shall be required to demonstrate that on-site traffic and parking
attributable to the medical cannabis dispensary will be sufficient
to accommodate traffic and parking demands generated by the medical
cannabis dispensary, based upon a current traffic and parking study
prepared by a certified professional.
The medical cannabis dispensing facility shall ensure that there
is no queuing of vehicles in the rights-of-way. The medical cannabis
dispensing facility shall take all necessary and immediate steps to
ensure compliance with this section.
No consumption of medical cannabis or intoxicating beverages
shall be allowed on the premises, including in the parking areas,
sidewalks, or rights-of-way. The medical cannabis dispensing facility
shall take all necessary and immediate steps to ensure compliance
with this section.
A medical cannabis dispensing facility shall provide adequate
seating for its patients and business invitees. The medical cannabis
dispensing facility shall not direct or encourage any patient or business
to stand, sit (including in a parked car), or gather or loiter outside
of the building where the dispensing facility operates, including
in any parking areas, sidewalks, rights-of-way, or neighboring properties
for any period of time longer than reasonably required for patients
to conduct their official business and depart. The medical cannabis
dispensing facility shall post conspicuous signs on at least three
sides of the building stating that no loitering is allowed on the
property.
In addition and support of the safety and security requirements
of F.S. § 381.986(6), the following safety and security
measures are required.
A.
Storage. During nonbusiness hours, all stock must be kept in a locked,
1/2 ton or greater safe, with a minimum TL-15 rating, which is bolted
to the floor. During business hours, all stock not on display will
be kept in the same locked safe.
B.
Alarm or video monitoring system. Medical cannabis dispensing facilities
shall be equipped with, and the operators of such dispensaries/treatment
centers shall maintain in working order at all times, a security alarm
system or twenty-four-hour video monitoring system as required by
F.S. § 381.986(6).
C.
Lighting. All lights shall be shielded to focus and direct light
onto the uses established, and away from adjacent property, but may
be of sufficient intensity to discourage vandalism and theft.
D.
Manager on premises. All operations shall have a responsible person
who shall be at least 21 years of age and shall be on the premises
to act as manager at all times during which any dispensary is open
to the public or any portion thereof.
E.
Two employees on premises. As required by F.S. 381.986, two employees
or two employees of a contracted security firm must be on premises
at all times.
It shall be unlawful for any permittee, operator, or other person
in charge of any medical cannabis dispensing facility to employ any
person who is not at least 18 years of age. Persons under the age
of 18 shall not be allowed on the premises of a dispensing facility
unless they are a qualified patient or they are in the presence of
their parent, legal guardian, legal representative as defined in F.S.
§ 381.986, or a primary caregiver. The entrance to a medical
cannabis dispensing facility shall be clearly and legibly posted with
a notice indicating that persons under the age of 18 are precluded
from entering the premises unless they are a qualified patient or
a primary caregiver and they are in the presence of their parent or
guardian.
