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File #: 23-757    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 11/27/2023 In control: Planning and Zoning / Local Planning Agency
On agenda: 12/6/2023 Final action:
Title: Recommend approval of proposed Ordinance 25-2023, a zoning text amendment amending Appendix A, Zoning, Article XIII, Supplementary District Regulations, of the Zoning Ordinance of the City of Cocoa to add a new Section 33, Kava and Kratom, establishing distancing requirements between establishments selling Kava beverages and/or Kratom products and certain other enumerated land uses; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability, and an effective date
Attachments: 1. Exhibit A - Ordinance No. 25-2023 _ Regulating Kava and Kratom _ PZ.pdf, 2. Legal Affidavit MH, Kava, P&Z, Flag Fl ad 9542285.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY AGENDA ITEM

Memo Date: November 30, 2023
Agenda Date: December 6, 2023
Prepared By: Stacey Hopper - City Planner
Through: Stockton Whitten - City Manager
Requested Action:
title
Recommend approval of proposed Ordinance 25-2023, a zoning text amendment amending Appendix A, Zoning, Article XIII, Supplementary District Regulations, of the Zoning Ordinance of the City of Cocoa to add a new Section 33, Kava and Kratom, establishing distancing requirements between establishments selling Kava beverages and/or Kratom products and certain other enumerated land uses; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the code, severability, and an effective date...End

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BACKGROUND:

The applicant, City of Cocoa, is requesting the Planning and Zoning Board consider an amendment of the Appendix A, Zoning, Article XIII Supplementary District Regulations, of the Zoning Ordinance of the City of Cocoa to add a new Section 33, Kava and Kratom, and set in place distance requirements between establishments selling Kava beverages and/or Kratom products and schools, religious institutions, public parks and playgrounds.

History: Prior to this ordinance, a noticeable increase of retail outlets selling Kava and Kratom have been applying for businesses licenses within the City of Cocoa usually through smoke shops as a product for off-premise consumption. However, recently Kava and Kratom shops have been requesting Business Tax Receipts for Kava Bars and other outlets where the Kava or Kratom is served in a coffee shop or bar atmosphere for immediate on-premise consumption.

Kava known as (Piper methysticum) (also known as intoxicating pepper) is a shrub native to the South Pacific Islands. Kava is harvested for its rootstock, which contains the pharmacologically active compounds kavalactones. Kava is consumed in several ways. Kava dietary supplements are commonly sold as pills or capsu...

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