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Last modified
7/9/2024 1:17:24 PM
Creation date
7/9/2024 1:17:24 PM
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Roseville City Council
Document Type
Council Ordinances
Meeting Date
7/8/2024
Meeting Type
Regular
Ordinance #
1677
Ordinance Title
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES WITHIN THE CITY OF ROSEVILLE
Ordinance Summary
AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES WITHIN THE CITY OF ROSEVILLE
Ordinance Date Passed
7/8/2024
Publication Newspaper
Pioneer Press
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manner of the operation of Cannabis Businesses to adopt an interim ordinance <br /> applicable to all or part of its jurisdiction for the purpose of protecting the <br /> planning process and the health, safety, and welfare of its citizens. The interim <br /> ordinance may regulate, restrict, or prohibit the operation of Cannabis <br /> Businesses within the jurisdiction or a portion thereof until January 1, 2025. <br /> (E) Pursuant to Minnesota Statutes, section 462.355, subdivision 4(a), the City <br /> Council is authorized to adopt an interim ordinance "to regulate, restrict, or <br /> prohibit any use . . . within the jurisdiction or a portion thereof for a period <br /> not to exceed one year from the date it is effective." The City Council is also <br /> authorized as part of its general police powers to adopt business licensing <br /> requirements related to the sale of Cannabis Products. Additionally, the <br /> Minnesota Supreme Court in Almquist v. Town of Marshan, 245 N.W.2d 819 <br /> (Minn. 1976) upheld the enactment of a moratorium despite the lack of <br /> express statutory authority as being a power inherent in a broad grant of <br /> power to municipalities. The enactment of business operations requirements is <br /> based on a city's police powers, which is the broadest grant of power to cities. <br /> Inherent in that broad grant of authority is the power to place a temporary <br /> moratorium on a business to study and potentially implement licensing <br /> regulations on that business. <br /> (F) The Minnesota Legislature enacted, and the Governor signed, 2024 Minnesota <br /> Session Laws, Chapter 121 — H.F. No. 4757, which amended the Act in <br /> several ways, including changing certain defined terms, creating a process for <br /> preapproval of certain licenses, and, subject to certain conditions, permitting <br /> applicants with a license preapproval for a cannabis microbusiness license, <br /> cannabis mezzobusiness license, or cannabis cultivator license to grow <br /> cannabis plants from seeds or immature plants. <br /> (G) The OCM previously published a timeline showing that it would publish draft <br /> rules and regulations identified in Section 1(C) herein by the end of June <br /> 2024, but that timeline has been removed. The OCM has not indicated when a <br /> model ordinance will be available. <br /> (H) Given the uncertainty regarding the model ordinance and administrative rules <br /> to be developed by the OCM, the broad scope of the changes to Minnesota <br /> law brought about by the Act in 2023, and the amendments to the Act in 2024, <br /> City desires to adopt an interim ordinance for the purpose of protecting the <br /> planning process and the health, safety, and welfare of its citizens. <br /> (I) The City desires to conduct a study for the purpose of considering the <br /> adoption or amendment of reasonable restrictions on the time, place, and <br /> manner of the operation of Cannabis Businesses as well as the other <br /> regulations local units of government may adopt under the Act. <br />
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