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HomeMy WebLinkAbout22-096 Resolution for THC Moratorium Ordinance 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 22-096 A RESOLUTION APPROVING ORDINANCE NO. 122-05 AND ORDERING THE PUBLICATION Motion By: Burkhart Second By: Churchill WHEREAS, On August 1, 2022, the City Council adopted Ordinance No. 122-05 An Interim Ordinance Prohibiting the Sale, Testing, Manufacturing, and Distribution of THC Products WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council has determined the publication of this Ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The text of summary of Ordinance No. 122-05, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 3. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 4. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake website after August 1st, 2022. PASSED AND ADOPTED THIS 1st DAY OF AUGUST 2022. VOTE Briggs Thompson Burkart Braid Churchill Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Jason Wedel, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. 122-05 CITY OF PRIOR LAKE ORDINANCE NO. 122- 05 AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF THC PRODUCTS The City Council of the City of Prior Lake, Minnesota, ordains: Section 1. BACKGROUND 1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible cannabinoid products that contain no more than 0.3% of Tetrahydrocannabinol, commonly known as THC (“THC Products”). 2. The new law does enact some requirements for labeling and testing, but the law provides no parameters regulating production, compliance checks, or sales of THC Products. The new law does not prohibit local regulation. 3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, including siting and location of uses, related to the sales, testing, manufacturing, and distribution of THC Products. 4. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on THC Products within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to determine the need for police power regulations, including but not necessarily limited to licensing and permitting. Section 2. FINDINGS 1. The City Council finds there is a need to study THC Products and uses and businesses related thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating to the sales, testing, manufacturing, and distribution of THC Products, including through licensing or zoning ordinances, in order to protect the public health, safety, and welfares of its residents. 2. The study will allow the City Council to determine the appropriate changes, if any, that that it should make to City ordinances. 3 3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the sale, testing, manufacturing, and distribution of THC Products within the City while City staff studies the issue. Section 3. MORATORIUM 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute THC Products for twelve (12) months from the effective date of this ordinance. 2. The City shall not issue any license or permit related to THC Products or twelve (12) months from the effective date of this ordinance. No license or permit application, of any kind, by any individual, establishment, organization, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the City of Prior Lake shall be accepted or considered for twelve (12) months from the effective date of this ordinance. 3. Planning or zoning applications related to THC Products or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the City of Prior Lake shall not be accepted or considered for twelve (12) months from the effective date of this ordinance. Section 4. STUDY The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of THC Products within the City of Prior Lake. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Prior Lake from any potential negative impacts of THC Products. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate, or as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. Section 5. ENFORCEMENT The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Manager, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City’s general penalty in City Code § 104.100. Section 6. TERM Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until twelve (12) months from its effective date, at which point, it will automatically expire. Section 7. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage by the City Council. 4 Passed by the City Council of the City of Prior Lake this 1st day of August 2022. ATTEST: _________________________ __________________________ Jason Wedel, City Manager Kirt Briggs, Mayor A summary of this ordinance was published in the Prior Lake American on the 6th day of August 2022.