08-22-2022 City Council Packet - Laserfiche WebLink

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V Reading: Publication: Effective: CITY OF LINO LAKES EMERGENCY ORDINANCE NO.02-22 An Interim Ordinance Creating a Moratorium on the Sale, Testing, Manufacture and Distribution of THC Products Within the City of Lino Lakes The City Council of Lino Lakes ordains: Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to exercise the City's authority under Minnesota Statutes 462.355, Subd. 4 by the creation of an interim ordinance which has the effect of creating a moratorium on the sale, testing, manufacture and distribution of THC Products, as defined herein, in Lino Lakes. Section 2. Findings: The City Council hereby makes the following preliminary findings to serve as the basis for the necessary study to be made during the moratorium, which serve as the reasons why it is in the public interest for the City to declare a moratorium by virtue of this Ordinance: 1) City staff has determined that current regulations do not adequately address and regulate the sale, testing, manufacture and distribution of THC Products, particularly given the fact the state legislature, with little discussion and notice, recently adopted revisions to Minnesota Statutes 151.72, making the sale of certain edible cannabinoid products legal. Specifically, the new law permits the sale of edible cannabinoid products, provided the product sold for human consumption does not contain more than 0.3% tetrahydrocannabinol and the edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that exceeds more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package ("THC Products"). 2) Because the legislature adopted the above new statutory revisions with little discussion, the City has not had an opportunity to consider appropriate regulations for the newly allowed use, and such situation constitutes an "emergency" under Section 3.06 of the City Charter. 3) A moratorium will provide sufficient time for the City to review City Code and the City's Zoning Ordinance, and study alternative regulations that might be adopted to adequately address the uses within the moratorium enacted by this ordinance. 4) A moratorium will also ensure that code and ordinance changes will not need to be expedited and that all issues related to the uses within the scope of this moratorium can be completely examined.