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HomeMy WebLinkAbout2022.08.15 ORD 2022-515 Moritorium on THC ProductsCITY OF HUGO, COUNTY OF WASHINGTON ORDINANCE NO.2022-515 AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF THC PRODUCTS NOW, THEREFORE, the City Council of the City of Hugo does ordain: SECTION 1. BACKGROUND. 1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. § 151.72 and permitted the sale of edible and nonedible cannabinoid products that contain no more than 0.3 % of Tetrahydrocannabinol, commonly known as THC ("THC Products"). 2. The new law does enact some requirements for labeling and testing, but the law provides no parameters regulating production, compliance checks, or sales of THC Products. The new law does not prohibit local regulation. 3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, including siting and location of uses, related to the sales, testing, manufacturing, and distribution of THC Products. 4. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on THC Products within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to determine the need for police power regulations, including but not necessarily limited to licensing and permitting. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study THC Products and uses and businesses related thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating to the sales, testing, manufacturing, and distribution of THC Products, including through licensing or zoning ordinances, in order to protect the public health, safety, and welfares of its residents. 2. The study will allow the City Council to determine the appropriate changes, if any, that that it should make to City ordinances. 3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the sale, testing, manufacturing, and distribution of THC Products within the City while City staff studies the issue. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute THC Products for twelve (12) months from the effective date of this ordinance. 2. The City shall not issue any license or permit related to THC Products or twelve (12) months from the effective date of this ordinance. No license or permit application, of any kind, by any individual, establishment, organization, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the City of Hugo shall be accepted or considered for twelve (12) months from the effective date of this ordinance. 3. Planning or zoning applications related to THC Products or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the City of Hugo shall not be accepted or considered for twelve (12) months from the effective date of this ordinance. SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of THC Products within the City of Hugo. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Hugo from any potential negative impacts of THC Products. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate, or as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Manager, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City's general penalty in City Code § Sec. 1 -18 subd. (b). SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until twelve (12) months from its effective date, at which point, it will automatically expire. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. This ordinance is effective upon adoption. ADOPTED by the City Council this 151 day of August, 2 222 /V Tom ei t, ayor ATTEST: Michele Lindau, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) Carter Johnson, being first duly sworn, on oath states as follows: I am the publisher of the THE CITIZEN, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit, which is made pursuant of Minnesota Statutes §331A.07. The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statutes §331A.02. The dates of the month and the year and day of the week upon which the public notice attached was published in the newspaper are as follows: Once a week, for one week, it was published on Thursday, the 25th day of August, 2022. 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to §331A.06, is as follows a) Lowest classified rate paid by commercial users for comparable space b) Maximum rate allowed by law for the above matter c) Rate actually charged for the above matter $ 12.70/inch 5. Mortgage Foreclosure Notices. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Ramsey County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. We are a qualified newspaper in the following counties: Anoka, Ramsey and Washington FURTHER YOUR AFFIANT SAITH NOT. BY: TITLE: Carter Johnson, Publisher PRESS PUBLICATIONS 4779 Bloom Avenue White Bear Lake, MN 55110 Subscribed and sworn to before me on this 25th day of August, 2022. 1 7 Notary P101ic MYRNA L. PRESS Notary Public -Minnesota My Commission Exp!res Jan 31, 2025 vtnrvyvvw✓a ,VVVVVVVV`nNvvv%*V~ CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO.2022-515 AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF THC PRODUCTS NOW, THEREFORE, the City Council of the City of Hugo does ordain: SECTION 1. BACKGROUND. 1. By enacting 2022 Session law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. §151.72 and permitted the sale of edible and nonedible cannabinoid products that contain no more than 0.3 % of Tetrahy- drocannabinol, commonly known as THC ("THC Products"). 2. The new law does enact some requirements for labeling and testing, but the law provides no parameters regulating production, compliance checks, or sales of THC Products. The new law does not prohibit local regulation. 3. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to en- act by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, includ- ing siting and location of uses, related to the sales, testing, manufacturing, and distribution of THC Products. 4. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on THC Products within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to determine the need for police power regulations, including but not neces- sarily limited to licensing and permitting. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study THC Products and uses and businesses related thereto, in order to assess the necessity for and effi- cacy of regulation and restrictions relating to the sales, testing, manufactur- ing, and distribution of THC Products, including through licensing or zoning ordinances, in order to protect the public health, safety, and welfares of its residents. 2. The study will allow the City Council to determine the appropriate chang- es, if any, that that it should make to City ordinances. 3. The City Council, therefore, finds that there is a need to adopt a City- wide moratorium of the sale, testing, manufacturing, and distribution of THC Products within the City while City staff studies the issue. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute THC Products for twelve (12) months from the effective date of this ordinance. 2. The City shall not issue any license or permit related to THC Products or twelve (12) months from the effective date of this ordinance. No license or permit application, of any kind, by any individual, establishment, organi- zation, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the City of Hugo shall be accepted or considered for twelve (12) months from the effective date of this ordinance. 3. Planning or zoning applications related to THC Products or applications from individuals, establishments,'organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products within the City of Hugo shall not be accepted or considered for twelve (12) months from the effective date of this ordinance. SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of THC Products within the City of Hugo. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Hugo from any potential negative impacts of THC Products. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate, or as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Manager, in consultation with the City Attorney, to initiate any legal action deemed nec- essary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City's general penalty in City Code § Sec. 1 -18 subd. (b). SECTION 6. TERM. Unless earlier rescinded by the City Council, the mor- atorium established under this Ordinance shall remain in effect until twelve (12) months from its effective date, at which point, it will automatically expire. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. This ordinance is effective upon adoption. ADOPTED by the City Council this 151h day of August, 2022 Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Published one time in The Citizen on August 25, 2022. Misc: Affidavit -Citizen- I Wk.docx