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File ID: #15824
Resolution
Sponsored by: Commissioner Manolo Reyes
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ADMINISTRATION TO INVESTIGATE AND ENFORCE BOTH THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE LAWS OF THE STATE OF
FLORIDA AS IT PERTAINS TO "SMOKE SHOPS" LOCATED WITHIN THE CITY OF
MIAMI WHICH SELL SYNTHETIC CANNABIS WHICH IS EITHER ILLEGAL OR NOT
ALLOWED PURSUANT TO THEIR CERTIFICATES OF USE AND/OR BUSINESS TAX
RECEIPT.
City of Miami
Legislation
Resolution
Enactment Number: R-24-0137
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15824 Final Action Date:4/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ADMINISTRATION TO INVESTIGATE AND ENFORCE BOTH THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE LAWS OF THE STATE OF
FLORIDA AS IT PERTAINS TO "SMOKE SHOPS" LOCATED WITHIN THE CITY OF
MIAMI WHICH SELL SYNTHETIC CANNABIS WHICH IS EITHER ILLEGAL OR NOT
ALLOWED PURSUANT TO THEIR CERTIFICATES OF USE AND/OR BUSINESS TAX
RECEIPT.
WHEREAS, there are "smoke shops" located within the City of Miami ("City") which sell
tobacco products as well as synthetic cannabis products; and
WHEREAS, many of these establishments have been investigated by the Miami Police
Department ("MPD") and found to be selling synthetic cannabis in levels not allowed pursuant to
the law as testified to by the Miami Police Chief Manny Morales; and
WHEREAS, sales of unapproved and/or unregulated synthetic cannabis creates a clear
and present danger to the community; and
WHEREAS, Section 2-211 of the Code of the City of Miami, Florida, as amended ("City
Code"), provides for revocation of existing Certificates of Use ("CU") when a business engages
in activities outside the scope of their CU; and
WHEREAS, Section 31-48 of the City Code, the City can revoke an issued Business Tax
Receipt ("BTR") has been found guilty or pled guilty of a violation of state or local law, is
conducting business in a manner not allowed by the law, or the business is not in compliance
with Miami 21 or the City Code; and
WHEREAS, both the MPD and the City's Code Compliance and Zoning Departments
have the authority to move forward, as provided by the City Code, to revoke CU's and/or BTR's
where businesses are operating in violation of the law; and
WHEREAS, the City should set up a task force by which to address this issue of great
concern to protect the residents of the City; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission hereby directs the City Administration through
the MPD, Code Compliance, and Zoning Departments to investigate and enforce both the City
Code and the laws of the State of Florida as it pertains to "smoke shops" located within the City
that sell synthetic cannabis which is either illegal or not allowed pursuant to their certificates of
use and/or business tax receipt.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
ey
4/2/2024