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;, ) ®ORSEY 31 MEMORANDUM TO: Mayor and Members of City Council Mark Casey, City Manager FROM: Jay R. Lindgren, City Attorney DATE: November 12, 2013 RE: Imposing a Moratorium on the Creation, Establishment or Operation of Businesses That Sell Electronic Cigarettes or Allow Sampling of Electronic Cigarettes on Their Premises It has been proposed that the City consider amending its official controls, including its zoning code, with respect to the regulation of the sale and use of electronic cigarettes in businesses, and that while the City is studying the matter the City Council impose a moratorium on the creation, establishment or operation of businesses that sell electronic cigarettes and on the sampling of electronic cigarettes on their premises. Under Minnesota Statutes, Section 462.355, subd. 4, if the City is conducting a study or has authorized a study for the purpose of considering amendments to its official controls, the City Council may adopt an interim ordinance for the purpose of protecting the planning process. The interim ordinance may regulate, restrict or prohibit any use, development or subdivision within all or a portion of the City for a period of up to one year. If the City Council wishes to do so, the procedure it should follow is to adopt a resolution authorizing a study of whether it should amend its official controls, and following the adoption of the resolution, adopt an interim ordinance under the authority of Minnesota Statutes, section 462.355, subd. 4, imposing a moratorium on the creation, establishment or operation of businesses that sell electronic cigarettes and on the sampling of electronic cigarettes on their premises. DORS! Y R Mil INBY I,I.P