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00RSEY 26 <br />DORSEY & WHITNEY LLP <br />MEMORANDUM <br />TO: Mayor and Members of City Council <br />Michael Mornson, City Manager <br />FROM: Jerome P. Gilligan <br />DATE: June 16, 2010 <br />RE: Imposing a Moratorium on New Pipe and Tobacco Shops <br />It has been proposed that the City consider amending its zoning code with respect to the <br />regulation of pipe and tobacco shops in the City, and that while the City is studying the matter <br />the City Council impose a moratorium on the issuance of any new licenses for pipe and tobacco <br />shops. <br />Under Minnesota Statutes, Section 462.355, subd. 4, if the City is conducting a study or <br />has authorized a study for the purpose of considering amendments to its zoning code, the City <br />Council may adopt an interim ordinance for the purpose of protecting the planning process. The <br />interim ordinance may regulate, restrict or prohibit any use, development or subdivision within <br />all or a portion of the City for a period of up to one year. <br />If the City Council wishes to consider amending its zoning code with respect to <br />regulation of pipe and tobacco shops and during the consideration of such amendments impose <br />a moratorium of issuance of new licenses for pipe and tobacco shops, the procedure it should <br />follow is to adopt a resolution authorizing a study of whether it should amend its zoning code <br />and following the adoption of the resolution, adopt an interim ordinance under the authority of <br />Minnesota Statutes, Section 462.355, subd. 4, imposing a moratorium on the issuance of new <br />licenses for pipe and tobacco shops. <br />DORSEY & WHIrNEY LLP <br />