The URL can be used to link to this page

Home My WebLink AboutCC AG PKT 2008-11-10 #TAGENDA STAFF REPORT DATE: November 10, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Quinn Barrow, Ciry Attorney SUBJECT: ORDINANCE NO. 1580 - PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF SEAL BEACH SUMMARY OF REQUEST: Introduce Ordinance No. 1580, An Ordinance of the City of Seal Beach Prohibiting the Establishment of Medical Marijuana Dispensaries Within the City. BACKGROUND: The Seal Beach Municipal Code does not currently permit the establishment or operation of a medical marijuana dispensary ("MMD") anywhere in the City. In some cities containing medical marijuana dispensaries, there has been an increase in came, such as burglaries, robberies, and sales of illegal drugs in the areas immediately surrounding such dispensaries. Allowing MMDs to locate in Seal Beach could increase the likelihood that parties would traffic in illegal drugs in the City, thereby endangering the public health, safety and welfare. Although the Municipal Code does no that the California Compassionate Us control over MMDs, and requires cit Although we believe this position is inc in several court cases. In addition, preempted by federal law, given that Federal Controlled Substances Act, a the federal-state conflict issues as well. tallow MMDs, some groups have argued e Act of 1996 (the "CUA") preempts local ies to permit MMDs in some locations. orrect, the issue is currently being litigated it is unclear whether the CUA has been marijuana is listed on Schedule A of the rid so there is litigation ongoing to resolve These conflicts have not been resolved. FISCAL IMPACT: None. Agenda Item T Ordinance Number 1580 RECOMMENDATION: Introduce Ordinance No. 1580, An Ordinance of the Cary of Seal Beach Prohibiting the Establishment of Medical Marihuana Dispensaries Within the Ciry. NOTED AND APPROVED: f~llJJmQi ~ ~" ~- ` ca~{sQ- Quinn M. Barrow City Attorney David many v City Manager Attachment: A Ordinance No. 1580, An Ordinance of the City of Seal Beach Prohibiting the Establishment of Medical Man~uana Dispensaries W ithin the City Ordinance Number 1580 ATTACHMENT 1 ORDINANCE NO. 1580, AN ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY ORDINANCE NUMBER ~ 58~ AN ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1 Title 5, Business Licenses and Regulations, Chapter 5 70, Miscellaneous Business Regulations, is hereby amended by adding a new Section 5 70 025, Medical Manluana Dispensanes, to read § 5.70.025. Medical MarlJuana Dispensaries A Puroose and Findings The City Council finds that federal and state laws prohibiting the possession, sale and distribufion of marijuana would preclude the opening of medical marquana dispensanes sanctioned by the City of Seal Beach, and in order to serve public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this chapter is to prohibit medical marquana dispensanes as stated in this section Definitions For the purpose of this section, the following words and phrases shall mean 1 "Identihcahon card' a document issued by the State Department of Health Services which idenbfies a person authorized to engage in the medical use of manluana and the person's designated pnmary caregiver, if any 2 "Medical maniuana" manluana used for medical purposes where that medical use is deemed appropnate and has been recommended by a physician who has determineq that the person's health would benefit from the use of manluana in the treatment of cancer, anorexia, AIDS, chronic pa1n, spasticity, glaucoma, arthritis, migraine, or any other senous medical condition for which manluana is deemed to provide relief as defined in subsection (h) of Health and Safety Code Secticn 11362 7, as such section may be amended from time to time 3 "Medical manluana dispensary' or "dispensary' any facility or locafion where medical marijuana is made available to and/or distributed by or to three or more of the following a qualified patient, a person with an identification card, or a primary caregiver Each of these terms is defined harem and shall be Interpreted in strict axordance with California Health and Safety Code Secfions11362 5 and 11362 7 et seq as such secfions may be amended from fime to Time 4 "Pnmary caregiver" the indiwdual, designated by a qualified patent or by a person with an identficaton card, who has consistently assumed responsibility for the housing, health, or safety of that pabent or person 5 "Physiciarf' an individual who possesses a recognition in good standing to prectice medicine or osteopathy Ordinance Number 1580 issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patent before recording in the patient's medical record the physiaan's assessment of whether the patient has a serious medical condition and whether the medical use of manluana is appropnate 6 "Qualified patent', a person who is entitled to the protections of Califomia Health and Safety Code Section 11362 5, as such section may be amended from time to time, but who does not have an identification card issued by the State Department of Health Services C. Medical Maruuana Disoensarv Prohibited. It shall be unlawful for any person or entity to own, manage, conduct, or operate any medical marijuana dispensary or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical manluana dispensary in the City of Seal Beach D Use or Activity Prohibited by State or Federal Law Nothing contained in this chapter shall be deemed to permit or authonze any use or activity which is otherwise prohibited by any state or federal law ° SECTION 2 Title 5, Business Licenses and Regulations, Chapter 5 70, Miscellaneous Business Regulations, is hereby amended by re-numbenng existing § 5 70 025, Miniature Trains, through § 5 70 035, Shooting Gallenes to new § 5 70 030, Miniature Trams, through § 5 70 040, Shooting Galleries SECTION 3. The City Clerk is hereby directed to make necessary conforming revisions to Table of Contents and Cornerns of Title 5, Business Licenses and Regulations. SECTION 4 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidly shall not affect the validity of the remaining pomons of this ordinance or any part hereof The Cly Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared irwahd PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2008 Mayor ATTEST City Clerk Ordinance Number 1580 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Vnda Dewne, City Clerk of the City of Seal Beach, California do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting held on the 10th day of November , 2008 and was passed, approved and adopted by the City Council at a meeting held on the _day of 2008 by the following vote AYES Councilmemberc NOES Counalmembers ABSENT Counalmembers ABSTAIN Councdmembers And do hereby further certify that Ordinance Number 1580 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk