HomeMy WebLinkAbout02-22 Council Ordinances 1"Readin &Adoption: August 22,2022 Publication:August 30, 2022
Effective: August 22, 2022
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.
Section 3. Study: The City Council hereby authorizes and directs City staff to
conduct a study of the issues relating to the sale,testing,manufacture and distribution of THC
Products. Staff will then make recommendations to the Council about whether and to what extent
the City should amend its code and/or land use ordinances to regulate any of the activities within
the scope of this moratorium
Section 4. Moratorium: In accordance with the findings set forth herein, and until
City staff completes its study and City Council has had the full opportunity to consider the study
results and code and/or ordinance changes needed, no person may establish a new use or expand
an existing use that includes or involves the sale,testing, manufacture or distribution of THC
Products. The moratorium created by this Ordinance shall be effective for one hundred twenty
(120) days from the effective date of this Ordinance, unless terminated early or further extended
by the City Council in accordance with Minnesota Statutes 462.355, Subd. 4.
Section 5. Severability: Every section, subsection,provision, and part of this
Ordinance is declared severable from every other section, subsection,provision, or part. If any
section, subsection,provision or part of this Ordinance is adjudged to be invalid, such judgment
shall not invalidate any other section, subsection,provision, or part.
Section 6. Effective Date: This Emergency Ordinance,pursuant to Section 3.06 of
City Charter, shall be effective upon its adoption by the City Council.
Adopted by the Council of the City of Lino Lakes this 22nd day of August, 2022.
The motion for the adoption of the foregoing ordinance was introduced by Councilmember
Ruhland and was duly seconded by Council Member Lyden and upon vote being taken
thereon, the following voted in favor thereof:
Lyden, Ruhland, Rafferty
The following voted against same: None (Absent- Stoesz, Cavegn)
f j
Rolt4afferty,Mayor
ATTEST:
3 a ne Bartell, Ci Cle&