CCP 10242022 - Laserfiche WebLink

Home

Regular City Council Meeting Monday, August 8, 2022 Page 4 Nays: None c.Public Hearing to Consider Adopting a Temporary Moratorium on the Sale, Manufacturing and Distribution of Tetrahydrocannabinol (THC) Products. City Manager Patrick Trudgeon highlighted this item as detailed in the Request for Council Action and related attachments dated August 8, 2022. Mayor Roe indicated, as noted, the legal limit in State Law for an interim ordinance or moratorium for land use, which is what this would be, is up to a year. That is the longest it could be. He explained the City does have the option to preset or predetermine a shorter period of time and he believed there is some precedent in the City when an interim ordinance was done a few years ago for six months instead of a full year. So, there is that option and it can be made a part of whatever the Council might decide to adopt, if something is adopted this evening. He asked about the mechanism by which an interim ordinance, once there is a determination of the plan to go forward and the Council has figured out what they want to do, by which to end the interim ordinance. He also asked if it is automatically done if the Council makes a change, adopts something, or would the Council have to then pass a subsequent ordinance to end the moratorium. City Attorney Gaughan explained it would be most appropriate, simply by way of a resolution, to declare expiration or termination of the interim ordinance. In more practical terms, the Council would most likely want, in conjunction with that action, to have whatever framework the Council wants to be in place and ready to be ap- proved so there would be a seamless transition. That would be the mechanism. Councilmember Strahan asked in regard to manufacture and distribution, would that be something the Council would proceed adding back in as part of their per- manent decisions or is that outside of the CouncilÓs capacity. Mr. Trudgeon explained it certainly would, somewhat, be outside of the CouncilÓs capacity. He thought that the manufacturing would be a zoning matter. The distri- bution is very hard to govern since the internet allows anybody to purchase anything from anywhere in the world and ship to anywhere in the world. It is really a private transaction and he did not see how the City could get in the middle of that transac- tion when it is legal under Federal law. For both of those reasons and upon further reflection, it was probably appropriate to take out and focus on what the City is concerned about, which is the sale and making sure the City has proper regulations in place to govern. That is why the bench handout version of the interim ordinance is limited to the sale. Mayor Roe asked if the City did not put an interim ordinance in place, would it be basically unregulated by the City, which means individuals can sell product in the City of Roseville as a business operation without any involvement from the City because it is legal according to the State and Federal standards.