Ordinance No. 26-19ORDINANCE NO. 26-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, IMPOSING A TEMPORARY
MORATORIUM ON THE OPERATION OF RETAIL BUSINESSES
ENGAGED IN THE SALE OF RETAIL PRODUCTS CONTAINING
CANNABIDIOL/CBD SOLD AS A PRINCIPAL RETAIL PRODUCT
WITHIN THE CITY FOR A PERIOD OF ONE (1) YEAR; PROVIDING
FOR SEVER.ABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City Commission of the
City of Delray Beach, Florida (City) as set forth in Article VIII, Section 2 of the Constitution of the State of
Florida, Chapter 166, Florida Statutes and the City Charter; and
WHEREAS, the City is responsible for the protection of the health, safety and welfare of its businesses,
residents, and visitors; and
WHEREAS, Governor Ron Desantis recently signed Senate Bill 1020 (S 1020) providing for a licensing
program for hemp growers as well as authorization for the sale of products containing cannabidiol (CBD) so
long as a certificate from an independent testing laboratory confirms that the THC level in such product does
not exceed 0.3 percent; and
WHEREAS, as a result of the passage of S1020 set to take effect on July 1, 2019, City staff desires to
evaluate the effect of S1020 in conjunction with the City's current LDRs in order to make recommendations for
regulations which will better promote the safety and general welfare of the City businesses, residents, and visitors;
and
WHEREAS, due to the historical prohibition of marijuana, the City of Delray Beach does not currently
have any land development regulations governing the retail businesses engaged in the sale of products containing
CBD that are sold as a principal retail product; and
WHEREAS, the City Commission finds and declares a need to temporarily suspend the approval or
denial of applications, permits or business tax receipts related to the operation of retail businesses engaged in the
sale of products that contain CBD as a primary retail product in order to allow the development of regulations
for such retail businesses; and
WHEREAS, the City wishes to definitively place all parties on notice that it is considering amending the
LDRs and that all parties who are considering making application for the operation of a retail business engaged
in the sale of products that contain CBD as the primary retail product of its business that the City is considering
the adoption of ordinances with respect to this subject matter that a temporary moratorium on this subject matter
is necessary and appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The recitals above are true and correct and are incorporated into the findings of this
Resolution as if set forth in full herein.
Section 2. A temporary moratorium is hereby imposed on the operation of retail business that sell
products containing cannabidiol/CBD as their principle retail product. While the temporary moratorium is in
effect, the City shall not accept, process, or approve any application relating to this subject matter.
Section 3. This ordinance shall take effect immediately upon adoption. The temporary moratorium
shall terminate one (1) year from the effective date of this ordinance, unless the City Commission rescinds or
extends the moratorium by subsequent ordinance.
Section 4. If any section, subsection, clause, or provision of this ordinance is held invalid, the
remainder shall not be affected by such invalidity.
--\ ~ASSED AND ADOPTED in regular session on second and final reading on this the~ day of
--=--"'7---+------' 2019.
d Legal Sufficiency:
First Reading, -~7~/_J~1b'----t2~-
Second Reading_J_.._._ti.._{L-,.{_,_q _
2
ORD. NO. 26-19