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ORD 22-22Ordinance No. 22-22 CITY OF ELK RIVER COUNTY OF SHERBURNE STATE OF MINNESOTA AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION INTOXICATING AND PSYCHOACTIVE CANNABINOIDS NOW, THEREFORE, the City Council of the City of Elk River does ordain: SECTION 1. REPEAL/REPLACE. This ordinance repeals and replaces Ordinance No. 22-20 in its entirety. SECTION 2. 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 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. Since the enactment of the new law, local government and law enforcement remain concerned about legal status and classification of the production, sale, and use of other intoxicating and psychoactive cannabinoids, such as HHC, as primary or secondary ingredients in edible and nonedible cannabinoid products ("Intoxicating Cannabinoids"). 4. 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 and Intoxicating Cannabinoids. 5. 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 and Intoxicating Cannabinoids 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 3. FINDINGS. 1. The City Council finds there is a need to study THC Products Intoxicating Cannabinoids 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 and Intoxicating Cannabinoids within the City while City staff studies the issue. SECTION 4. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute THC Products and Intoxicating Cannabinoids 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 and Intoxicating Cannabinoids for 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 and Intoxicating Cannabinoids within the City of Elk River 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 and Intoxicating Cannabinoids or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of THC Products and Intoxicating Cannabinoids within the City of Elk River shall not be accepted or considered for twelve (12) months from the effective date of this ordinance. 4. Exemptions: a. This moratorium does not apply to the selling, testing, manufacturing, or distributing of THC Products related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided that such activity is done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis. b. This moratorium does not apply to the selling, manufacturing, or distribution of products that contain non -intoxicating, non -psychoactive cannabinoids as the primary cannabinoid ingredient, such Cannabidiol ("CBD") or Cannabinol ("CBN"), and which have no more than trace amounts of THC. SECTION 5. STUDY. The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of THC Products and Intoxicating Cannabinoids within the City of Elk River. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Elk River from any potential negative impacts of THC Products and Intoxicating Cannabinoids. 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 6. 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 Administrator, 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 § 1-8. SECTION 7. TERM. Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until forty-five (45) days from its effective date, at which point, it will automatically expire. SECTION 8. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. Passed this 17th day of October 2022. V hn J Dietz, yor AT)TIS Tina Allard, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE Rhonda Herberg being duly sworn on an oath, states or 'affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT ' 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 10/22/2022 and the last insertion being on 10/22/2022. 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 Designated Subscribed and sworn to or affirmed before me on 10/22/2022 by Rhonda Herberg. Notary Public �WYK/WMN•M1v+Mc+.hNWS� . DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My CttmmWw Eapltes Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $25.25 per column inch Ad ID 1267387 CITY OF ELK RIVER COUNTY OF SHERBURNE STATE OF MINNESOTA ORDINANCE NO.22-22 AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION INTOXICATING AND PSYCHOACTIVE CANNABINOIOS NOW, THEREFORE, the City Council of the City of Elk River does ordain: SECTION 1. REPEAVREPLACE. This ordinance repeals and re- places Ordinance No. 22-20 in its entirety. SECTION 2. 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 of Tetrahydrocannabinol, common- ly known as THC ("THC Products'/. 2. The new law does enact some requirements for labeling and test- ing, but the law provides no param- eters regulating production, com- pliance checks, or sales of THC Products. The new law does not prohibit local regulation. 3. Since the enactment of the new law, local government and law enforcement remain concerned about legal status and classifica- tion of the production, sale, and use of other intoxicating and psy- choactive cannabinoids, such as HHC, as primary or secondary in- gredients in edible and nonedible cannabinoid products ("Intoxicat- ing Cannabinoids'/. 4. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is autho- rized to enact by ordinance a mor- atorium to regulate, restrict or pro- hibit 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 restric- tions, including siting and location of uses, related to the sales, test- ing, manufacturing, and distribution of THC Products and Intoxicating Cannabinoids. 5. 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 and Intoxicating Cannabi- noids within the City to protect the public safety, health, and welfare, including restrictions and a mora- torium on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to determine the need for police pow- er regulations, including but not necessarily limited to licensing and permitting. SECTION 3, FINDINGS. 1. The City Council finds there is a need to study THC Products In- toxicating Cannabinoids and uses and businesses related thereto, in order to assess the necessity for and efficacy, of regulation and re- strictions relating to the sales, test- ing, 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 appro- priate 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 distri- bution of THC Products and Intoxi- cating Cannabinoids within the City while City staff studies the issue. SECTION 4. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distrib- ute THC Products and Intoxicat- ing Cannabinoids 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 and Intoxicating Canna- binoids for twelve (12) months from the effective date of this ordinance. No license or permit application, of any kind, by any individual, estab- lishment, organization, or business- es involved in the proposed sale, testing, manufacturing, or distribu- tion of THC Products and Intoxicat- ing Cannabinoids within the City of Elk River shall be accepted or con- sidered for twelve (12) months from the effective date of this ordinance. 3. Planning or zoning applica- tions related to THC Products and Intoxicating Cannabinoids or appli- cations from individuals, establish- ments, organizations, or business- es involved in the proposed sale, testing, manufacturing, or distribu- tion of THC Products and Intoxicat- ing Cannabinoids within the City of Elk River shall not be accepted or considered for twelve (12) months from the effective date of this ordi- nance. 4. Exemptions: a. This moratorium does not apply to the selling, testing, man- ufacturing, or distributing of THC Products related to the Medical Cannabis Program as administered by the Minnesota Department of Health, provided that such activi- ty is done in accordance with the regulations and laws of Minnesota regarding Medical Cannabis. b. This moratorium does not apply to the selling, manufactur- ing, or distribution of products that contain. non -intoxicating, non -psy- choactive cannabinoids as the pri- mary cannabinoid ingredient, such. Cannabldiol ("CBD'I or Cannabinol ("CBN'l, and which have no more than trace amounts of THC. SECTION 5. STUDY. The City Council directs City staff to study the need for local regulation regard- ing the sale, testing, manufacturing, or distribution of THC Products and Intoxicating Cannabinoids with- in the City of Elk River. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Elk River from any potential neg- ative impacts of THC Products and Intoxicating Cannabinoids. Upon completion of the study, the City Council, together with such com- mission as the City Council deems appropriate or, as may be required by law, will consider the advisabil- ity of adopting new ordinances or amending its current ordinances. SECTION 8. ENFORCEMENT. The City may enforce this Ordi- nance by mandamus, injunctive relief, or other appropriate civil rem- edy in any court of competent ju- risdiction. The City Council hereby authorizes the City Administrator, 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 § 1-8. SECTION 7. TERM. Unless ear- lier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until forty-five (45) days from its ef- fective date, at which point, it will automatically expire. SECTION 8, EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its pas- sage by the City Council. 7 Passed this 17th day. of October 2022. John J. Dietz, Mayor ATTEST Tina,Allard, City Clerk Published in the Star News October 22, 2022 1267387