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Ordinance No. 1006
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<br />F. The City desires to conduct a study for the purpose of considering the adoption or amendment of
<br />reasonable restrictions on the time, place and manner of the operation of Cannabis Businesses as
<br />well as the other regulations local units of government may adopt under the Act.
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<br />G. On August 7, 2023, after providing at least 10 days published notice, the City Council held a public
<br />hearing regarding the consideration and adoption of an interim ordinance prohibiting the operation
<br />of Cannabis Businesses within the City until January 1, 2025.
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<br />SECTION 2. Definitions. For purposes of this Ordinance, the following terms shall have the meaning
<br />given them in this section.
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<br />A. “Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100).
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<br />B. “Cannabis Business” has the meaning given the term in Minnesota Statutes, section 342.01,
<br />subdivision 14.
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<br />C. “City” means the city of Mounds View, a Minnesota municipal corporation.
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<br />D. “Edible Cannabinoid Product” has the meaning given the term in Minnesota Statutes, section
<br />151.72, subdivision 1(f).
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<br />E. “OCM” means the Office of Cannabis Management, established as set forth in Minnesota Statutes,
<br />section 342.02, subd. 1.
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<br />F. “Ordinance” means this interim ordinance, which is adopted pursuant to Minnesota Statutes,
<br />section 342.13(e).
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<br />SECTION 3. Study Authorized. The City Council hereby authorizes and directs City staff to conduct a study
<br />regarding the adoption or amendment of reasonable restrictions on the time, place, and manner of the operation
<br />of Cannabis Businesses, as well as other potential local regulations allowed under the Act, and report to the
<br />City Council on the potential regulation of Cannabis Businesses. The study may include a review of any model
<br />ordinances that OCM is directed to draft under Minnesota Statutes, section 342.13(d), an analysis of potential
<br />setback regulations allowed under Minnesota Statutes, section 342.13(c), and such other matters as staff may
<br />determine are relevant to the City Council’s consideration of this matter. The report may also include City
<br />staff’s recommendations on whether the City Council should adopt regulations and, if so, the recommended
<br />types of regulations.
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<br />SECTION 4. Moratorium. A moratorium is hereby imposed on the operation of any Cannabis Business
<br />within the City. During the term of this Ordinance, no business, person, or entity may establish or operate a
<br />Cannabis Business within the jurisdictional boundaries of the City. Accordingly, during the period that this
<br />Ordinance is in effect, the City shall not accept, process, or act on any application, site plan, building permit,
<br />zoning request, or other approval, including any requested confirmation, certification, approval, or other
<br />request from the OCM or other governmental entity requesting City review of any application or proposal for
<br />a business proposing to engage in the operation of a Cannabis Business. During the term of the moratorium,
<br />it is a violation of this Ordinance for any business, person, or entity to establish or operate a Cannabis Business
<br />within the City.
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<br />SECTION 5. Exceptions. The moratorium imposed by this Ordinance does not apply to: (i) the continued
<br />operation of a duly established business as part of the Medical Cannabis Program administered by the
<br />Minnesota Department of Health that was lawfully operating within the City prior to the effective date of this
<br />Ordinance; or (ii) the sale of Edible Cannabinoid Products under Minnesota Statutes, Section 151.72, provided,
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