HomeMy WebLinkAbout114-06 Hookah Lounge Interim Prohibition.docxP RIp� �
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4646 Dakota Street SE
P rior Lake, MN 5 5372
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CITY OF PRIOR LAKE
ORDINANCE NO. 114 -06
AN INTERIM ORDINANCE OF THE CITY OF PRIOR LAKE, MINNESOTA,
TEMPORARILY PROHIBITING ALL HOOKAH LOUNGES; ADOPTING ENFORCEMENT
PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE PART 1 WHICH, AMONG
OTHER THINGS, CONTAINS PENALTY PROVISIONS.
The City Council of the City of Prior Lake, Minnesota, hereby ordains:
Section 1. Findings and Intent. The City of Prior Lake ( "City ") hereby finds that:
(1) Hookah lounges are establishments where patrons share shisha (flavored tobacco)
or other similar products from a communal hookah or nargile or where patrons are
served individual hookah pipes that are smoked on site.
(2) Hookah lounges have become popular establishments. However, little regulation
exists due to their fairly recent emergence in the area.
(3) The City Council finds that in order to protect the planning process and the health,
safety and welfare of the general public the City must conduct a study to determine
what amendments to the City Code will be required to deal effectively with hookah
lounges. This study will include review of scientific and factual data relating to
shisha and related devices and products; review of actions taken by other
governmental entities relating to hookah lounges; and analysis of the options
relating to hookah lounges available to the City in order to protect the planning
process and the health, safety and welfare of the general public.
Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to
adopt interim ordinances to regulate, restrict, or prohibit any use or development in all
or part of the City, for a period of one year (subject to exceptions as stated in Section
462.355), while the City is conducting studies, or has authorized a study to be
conducted, or has scheduled a hearing to consider adoption or amendment of official
controls, including ordinances, regulating, restricting, or prohibiting any use,
development or subdivision within the City.
Section 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution,
the City determines to conduct a study to determine what amendments to the City
Code will be required to deal effectively with hookah lounges. This study will include
review of scientific and factual data relating to shisha and related devices and
products; review of actions taken by other governmental entities relating to hookah
lounges; and analysis of the options relating to hookah lounges available to the City
in order to protect the planning process and the health, safety and welfare of the
general public.
Section 4. Study Area. This Interim Ordinance shall apply to all property within the City.
Section 5. Interim Ordinance. Pending the completion of the above - referenced Study, and the
adoption of appropriate official controls, for a period of one year (subject to exceptions
as stated in Section 462.355) after the Effective Date of this Ordinance, there shall be
no use, development or subdivision of property for hookah lounges within the City and
no applications shall be accepted, processed or approved for use of property for
hookah lounges within the City.
Section 6. Exceptions. This moratorium shall not apply to hookah lounges in operation as of the
date of this Ordinance.
Section 7. Enforcement. The City may enforce this Ordinance by mandamus, injunction or any
other appropriate civil remedy.
Section 8. Violation. City Code Section 103 entitled "Definitions" and Section 104 entitled
"General Penalty" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 9. Effective Date. This Ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this 10t Day of February, 2014.
ATTEST:
Fra yles, City Manager
Kei neth Hedberg, Mayor