09-13-2023 Council Packet - Laserfiche WebLink

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operate a Cannabis Business, or expand an existing use to sell, test, manufacture or distribute cannabis within the jurisdictional boundaries of the City. Accordingly, during the period that this Ordinance is in effect, the City shall not accept, process, or act on any application, site plan, building permit, zoning request, or other approval, including any requested confirmation, certification, approval, or other request from the OCM or other governmental entity requesting City review of any application or proposal for a business proposing to engage in the operation of a Cannabis Business. During the term of the moratorium, it is a violation of this Ordinance for any business, person, or entity to expand an existing use, or establish or operate a Cannabis Business within the City. SECTION 5. EXCEPTIONS. The moratorium imposed by this Ordinance does not apply to: (i) the continued operation of a duly established business as part of the Medical Cannabis Program administered by the Minnesota Department of Health that was lawfully operating within the City prior to the effective date of this Ordinance, provided, however, that nothing in this Ordinance exempts a business, person, or entity from complying with all other requirements and prohibitions of applicable laws and ordinances related to such exceptions. SECTION 6. ENFORCEMENT. Violation of this Ordinance is a misdemeanor. The City may also enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction. A violation of this Ordinance is also subject to the City’s general penalties prescribed in the city code and may further result in the City reporting violations to the OCM, if relevant to OCM licensing. The City Council hereby authorizes City staff and consultants to initiate any legal action deemed necessary to secure compliance with this Ordinance. SECTION 7. SEVERABILITY. Every section, provision, and part of this Ordinance is declared severable from every other section, provision, and part. If any section, provision, or part of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance. SECTION 8. EFFECTIVE DATE AND TERM. This Ordinance shall become effective on the first day of publication after adoption. This Ordinance shall remain in effect until January 1, 2025 or until the City Council expressly repeals it, whichever occurs first. Adopted this 13th day of September, 2023 By: ________________________________ Thomas Fischer, Mayor Attest: _________________________________ Christopher Heineman, City Administrator AYES: NAYS: Published September 17, 2023