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HomeMy WebLinkAbout1703ORDINANCE NO. 1703 BEING AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON CANNABIS RETAIL BUSINESSES WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does herby ordain: (a) Preamble The City of Columbia Heights ("City") recognizes the significant public interest in amendments to Minnesota State Statute regarding the legalization of cannabis. These laws began to take effect July 111 2023, and make cannabis legal in the State of Minnesota. Further, state rule making and licensing has been slow to materialize making it difficult for cities to establish local registration and regulations governing the retail sale of the newly legalized items. The application and amendment of the new laws has demonstrated a clear shortcoming on behalf of the City and the City's code. For example, the state licensing agency has delegated retail license registration and regulation to the City. However, at the moment of this ordinance's passage, the City does not have any retail registration or regulation established in the City's Code of Ordinances. The City is concerned that without a temporary moratorium, new retail businesses and uses will expand significantly prior to the establishment of necessary regulations and registration procedures. The City Council finds it necessary to effectuate changes to the City's code of ordinances. Changes that would regulate, enforce, and register the retail sales of cannabis. Upon completion of the resulting changes that will be established, the City will revoke the interim ordinance and enforce the newly established regulations and procedures. (b) Moratorium Established; Scope (1) in accordance with the above and pursuant to authority granted by Minn. Stat. § 462.355 and §342.13, the City hereby establishes a moratorium on Cannabis Retail Businesses. Defined as a retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, (and/excluding) lower -potency hemp edible retailers. (2) During the effective period of this interim ordinance, the City of Columbia Heights will prohibit the establishment of Cannabis Retail Businesses pending the completion of the above referenced adoption of appropriate official controls. (c) Enforcement Any person, corporation, or other entity found to be in violation of this Ordinance shall be guilty of a misdemeanor. The City may enforce this Ordinance by mandamus, injunction, or other appropriate criminal or civil remedy in any court of competent jurisdiction. Ordinance 1703 City of Columbia Heights - Ordinance (d) Term Unless earlier rescinded by action of the City Council, the moratorium established by this Ordinance shall remain in full force and effect until January 15t 2025. (e) Effective Date This ordinance shall be in full force and effect from and after the date of its passage. Date of Passage: August 12, 2024 Offered by: Spriggs Seconded by: Jacobs Roll Call: All Ayes IF .•. • �; I - --- Attest ti S Ion, City Clerk/Council Secretary Page 2 SUMMARY OF ORDINANCE NO. 1703 AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON CANNABIS RETAIL BUSINESSES WITHIN THE CITY OF COLUMBIA HEIGHTS The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1703 on August 12, 2024. The purpose of this ordinance is to establish, upon passage, a moratorium on cannabis retail businesses within the city of Columbia Heights. Cannabis retailers are defined as: a retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, (and/excluding) lower -potency hemp edible retailers. As an Interim ordinance this ordinance prohibits the described actions until January V 2025 but can be revoked at an earlier time with action by the City Council. This is a summary of Ordinance No. 1703. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by standard or electronic mail, or at www.columbiaheightsmn.gov. Attest: Sara- on, City Clerk/Council Secretary AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF ANOKA I do solemly swear that the notice, as per the proof, was published in the edition of the BSLP Col Hght Frid Life with the known office of issue being located in the county of: ANOKA with additional circulation in the counties of: RAMSEY and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 08/16/2024 and the last insertion being on 08/16/2024. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: 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 By: Agent Subscribed and sworn to or affirmed before me on 08/16/2024 II/A �_p Notary Public Darlene Marie MacPherson Notary Public m Minnesota My Commission Expires 1/31/2029 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF COLUMBIA HEIGHTS SUMMARY OF ORDINANCE NO. 1703 AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON CANNABIS RETAIL BUSINESSES WITHIN THE CITY OF COLUMBIA HEIGHTS The City Council for the City of Columbia Heights, Minnesota ad- opted Ordinance No. 1703 on Au- gust 12, 2024. The purpose of this ordinance is to establish, upon passage, a moratorium on cannabis retail busi- nesses within the city of Columbia Heights. Cannabis retailers are de- fined as: a retail location and the retail location(s) of a mezzobusi- nesses with a retail operations en- dorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, (and/ excluding) lower -potency hemp edible retailers. As an Interim or- dinance this ordinance prohibits the described actions until January 1', 2025, but can be revoked at an earlier time with action by the City Council. This is a summary of Ordinance No. 1703. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by stan- dard or electronic mail, or at www. columbiaheightsmn.gov. Attest: Amada Marquez Simula, Mayor Sara Ion, City Clerk/Council Secretary Published in The Life August 16, 2024 1415204 Ad ID 1415204