The operation of medical marijuana dispensing facilities or treatment centers shall comply with the following performance standards:

(1)

Dispensing. Dispensing by payment for and receipt of medical marijuana shall only be allowed within the facility of a properly registered medical marijuana dispensing facility or treatment center, except that this provision shall not be construed to prohibit delivery to a qualifying patient or caregiver registered with the State of Florida.

(2)

No drive through service or mobile vending. No medical marijuana dispensing facility or treatment center shall have a drive through or drive in service aisle. Medical marijuana shall not be dispensed, paid for and received via the method of mobile vending. All dispensing, payment for and receipt of products shall occur from inside the medical marijuana dispensing facility or treatment center; provided however, this provision shall not be construed to prohibit delivery of medical marijuana to a qualified patient, as permitted by state law or rule.

(3)

On-site consumption of medical marijuana. The consumption of medical marijuana is prohibited within a medical marijuana dispensing facility or treatment center, or anywhere on the premises outside of the facility, including, but not limited to the parking areas, sidewalks, or rights-of-way surrounding the facility or center.

(4)

Sole use. The sole use permitted on the premises of any medical marijuana dispensing facility or treatment center shall be limited to those uses permitted by Florida law and town regulations. No other goods or services shall be provided or sold, and no additional activities shall be conducted on the site which are not authorized by this section. As used in this part, "premises" may include an individual stall in a multi-tenant commercial building (e.g., a stall in a strip mall).

(5)

Separation distances. No medical marijuana dispensing facility or treatment center shall operate within 500 feet of any preexisting public or private elementary, middle, or secondary school, located in the corporate boundaries of the Town of Cinco Bayou. For purposes of this section, distance shall be determined by measuring a radius from the closest improved part of the property (excluding storm water treatment facilities and landscape buffers) supporting the marijuana dispensing facility or treatment center to the nearest parcel of land on which the school is located. If any portion of a parcel of land containing a pre-existing school lies within the radius, then the dispensing facility or treatment center shall be deemed to be within such distance.

(6)

Prohibited activities. Any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana or marijuana product not specifically authorized by the license issued by the Florida Department of Health to the dispensing organization for the subject facility or center.

(7)

Business tax receipt requirement. Owners or ownership entities of medical marijuana dispensing facilities or treatment centers licensed by the Florida Department of Health, must obtain a business tax receipt from the Town of Cinco Bayou Town Clerk for such use.

(8)

Compliance with other laws. Medical marijuana dispensing facilities or treatment centers shall at all times be in compliance with all applicable state and local laws and regulations. In the event of a conflict between the provisions of state law and this section, then the provisions of state law shall control.

(9)

Enforcement. The provisions of Section 7.10.14 may be enforced by the code enforcement officer of the Town or by the Okaloosa County Sheriff's Office. Nothing herein shall preclude or limit the ability of the Okaloosa County Sheriff's Office or any other law enforcement entity from pursuing any action authorized by law.

(Ord. No. 237, § 6, 8-10-2017)

Editor's note— Ord. No. 237, § 6, adopted Aug. 10, 2017, amended the Land Development Code by adding provisions designated as § 7.10.13. In order to allow the grouping together of similar subject matter the editor has renumbered the provisions added by § 6 of Ord. No. 237 as § 7.10.14.