HomeMy WebLinkAboutCC AG PKT 2008-12-08 #OAGENDA STAFF REPORT
DATE: December 8, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Quinn Barrow, City Attorney
SUBJECT: ADOPTION OF ORDINANCE NO. 1580 -PROHIBITING
THE ESTABLISHMENT OF MEDICAL MARIJUANA
DISPENSARIES WITHIN THE CITY OF SEAL BEACH
SUMMARY OF REQUEST:
Waive further reading and Adopt Ordinance Number 1580, An Ordinance of the
City of Seal Beach Prohibiting the Establishment of Medical Marijuana
Dispensaries Within the City.
BACKGROUND:
The City Council considered this matter on November 10, 2008 and introduced
the subject ordinance. It is now appropriate to adopt the subject ordinance.
FISCAL IMPACT:
There is minimal fiscal impact to the City with adoption of the ordinance.
RECOMMENDATION:
Waive further reading and Adopt Ordinance Number 1580, An Ordinance of the
City of Seal Beach Prohibiting the Establishment of Medical Marijuana
Dispensaries Within the City.
SUBMITTED BY:
Quinn Barrow, City Attorney
NOTED AND APPROVED:
~`~"~
David Carmany, City Manager
Attachment:
A. Ordinance No. 1580
Agenda Item
ORDINANCE NUMBER ~ 5SO
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 Marijuana Dispensaries, to read:
§ 5.70.025. Medical Marijuana Dispensaries
A. Purpose and Findings.
The City Council finds that federal and state laws prohibiting
the possession, sale and distribution of marijuana would preclude
the opening of medical marijuana dispensaries 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 marijuana
dispensaries as stated in this section.
B. Definitions.
For the purpose of this section, the following words and
phrases shall mean:
1. "Identification card': a document issued by the
State Department of Health Services which identifies a person
authorized to engage in the medical use of marijuana and the
person's designated primary caregiver, if any.
2. "Medical marijuana": marijuana used for
medical purposes where that medical use is deemed appropriate
and has been recommended by a physician who has determined
that the person's health would benefit from the use of marijuana in
the treatment of cancer, anorexia, AIDS, chronic pain, spasticity,
glaucoma, arthritis, migraine, or any other serious medical condition
for which marijuana is deemed to provide relief as defined in
subsection (h) of Health and Safety Code Section 11362.7, as such
section may be amended from time to time.
3. "Medical marijuana dispensary' or
"dispensary': any facility or location 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 herein and
shall be interpreted in strict accordance with California Health and
Safety Code Sections11362.5 and 11362.7 et seq. as such
sections may be amended from time to time.
4. "Primary caregiver': the individual, designated
by a qualified patient or by a person with an identification card, who
has consistently assumed responsibility for the housing, health, or
safety of that patient or person.
5. "Physcciar>": an individual who possesses a
recognition in good standing to practice 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 patient before recording in the patient's medical record the
physician's assessment of whether the patient has a serious
medical condition and whether the medical use of marijuana is
appropriate.
6. "Qualified patient': a person who is entitled to
the protections of California 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 Mariiuana 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 marijuana 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 authorize 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-numbering
existing § 5.70.025, Miniature Trains, through § 5.70.035, Shooting Galleries to
new § 5.70.030, Miniature Trains, through § 5.70.040, Shooting Galleries.
SECTION 3. The City Clerk is hereby directed to make necessary conforming
revisions to Table of Contents and Contents 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 invalidity shall not affect the validity of the remaining portions of this ordinance
or any part hereof. The City 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
invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 8th day of December , 2008.
Mayor
ATTEST:
City Clerk
Ordinance Number 1580
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, 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 8th day of December , 2008
by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
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