ORDINANCE NO. 158, SECOND SERIES
AN INTERIM
ORDINANCE PROHIBITING THE
ESTABLISHMENT OR
EXPANSION OF A CANNABIS BUSINESS
THE CITY COUNCIL OF THE CITY OF DODGE CENTER ORDAINS:
Section 1. Background
• By enacting 2023 Session Law Chapter 63, Article 1, the Minnesota Legislature created MN Statute 342 and permitted the operation of Cannabis Businesses withing the state.
• The new law does enact a state registration system but provides no parameters regulating the time, place, and manner of operations of a Cannabis Business.
• Pursuant to MN Statute 342.13(e) the City is authorized to enact by interim ordinance a moratorium on the operation of a Cannabis Business to protect the planning process and the health, safety, and welfare of its citizens. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether or not to adopt reasonable restrictions on the time, place and manner of the operation of a cannabis business.
Section 2. Findings
• The City Council finds the operation of a cannabis business has the potential to impact the public health and safety.
• The City Council finds that there is a need to study reasonable restrictions on the time, place, and manner of the operation of a Cannabis Business as provided for in MN Statute 342.13.
• The City Council, therefore, finds that there is a need to adopt a City-wide moratorium on the operation of a Cannabis Businesses within the City while the issue is studied.
Section 3. Moratorium
• No individual, establishment, organization, or business may operate a Cannabis Business as defined by MN Statute 342.01, subd. 14 within the corporate limits of Dodge Center prior to January 1, 2025.
• The City shall not register any Cannabis Business or permit staff to begin to process any requests to register a Cannabis Business during the term of the moratorium.
• Planning or zoning applications related to the operation of a Cannabis Business shall not be accepted or considered during the term of the moratorium.
Section 4. Study
• The City Council directs City Staff to study the need for local regulation regarding the time, place and manner of the operation of a Cannabis Business.
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 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 penalties in City Code 4.98 and 4.99.
Section 6. Term
• Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until January 1, 2025, at which point it will automatically expire.
Section 7. This ordinance shall take effect upon publication.
Adopted this 10th day of July, 2023.
______________________Bill Ketchum, Mayor
ATTEST:
Lee A. Mattson, City
Administrator
Published: ______________________
