Posted on August 23, 2023
by admin
CITY OF NEW GERMANY
ORDINANCE NO. 120
AN ORDINANCE AMENDING
CHAPTER 110 REGARDING
ALCOHOLIC BEVERAGES
The City Council of the City of New Germany Ordains:
FINDINGS AND PURPOSE
The City Council of the City of New Germany (the “City”) finds that, given the growth that has occurred within the City and surrounding areas, it is appropriate and in the best interests of the City and its residents to increase the number of on-sale intoxicating liquor licenses allowed ursuant to Chapter 110 of the New Germany City Code from three to six.
The purpose of this ordinance is to amend Section 110.21(8) of the Code to make the amendment described above.
AMENDMENT
Chapter 110 of the New Germany City Code, Alcoholic Beverages, is amended to replace the word “three” in the first line of Section 110.21(8) with the word “six.”
EFFECTIVE DATE
This ordinance is effective upon publication.
Passed and adopted by the City Council of the City of New Germany this 15th of August, 2023.
/S/ Steven Van Lith, Mayor
ATTEST: Twyla Menth, City Clerk-Treasurer
Motion made by Councilman Turunquist, seconded by Councilman Grove.
Published in the Herald Journal, Aug. 25, 2023. |
ORDINANCE NO. 121
CITY OF NEW GERMANY,
COUNTY OF CARVER,
STATE OF MINNESOTA
AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, CULTIVATING, GROWING, TRANSPORTING, DELIVERY, AND DISTRIBUTION OF CANNABIS PRODUCTS IN THE CITY OF NEW GERMANY
The City Council of the City of New Germany does ordain:
SECTION 1. BACKGROUND.
A. 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 no more than 0.3% of Tetrahydrocannabinol, commonly known as THC (“THC Products”).
B. The 2023 Legislature has voted to expand both the legalization of types of THC and cannabis products and also the types of THC and cannabis businesses permitted. The House passed HFl00, and the Senate passed a similar companion bill, SF73. The Governor signed the resulting bill on May 30, 2023.
C. The session law established a regulatory framework for adult-use cannabis, as well as the lower potency hemp edibles; moved the medical cannabis program under a newly created state agency called the Office of Cannabis Management; established taxes on regulated products; created grants to assist individuals entering into the legal cannabis market; amended criminal penalties; provided for expungement and resentencing of certain convictions; provided for temporary regulation of hemp-derived edible cannabinoid products; rescheduled marijuana; and appropriated money.
D. The state licensing agency provisions became effective July 1, 2023, and the agency may establish a model ordinance for cities, which the City of New Germany would benefit from reviewing and analyzing before making any decisions related to cannabis businesses and products in the City.
E. The session law specified what distance restrictions cities can put in place under their zoning power. The City would benefit from having time to study and analyze acceptable time, place, and manner restrictions that would be feasible for the City of New Germany.
F. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit land uses within its 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, cultivating, growing, transporting, delivery and distribution of Cannabis Products.
G. Pursuant to its general police powers, set forth in Minn. Stat. § 421.221, subd. 32, and pursuant to the new session law, to be numbered MN Stat. § 342.13, the City may enact and enforce regulations or restrictions on Cannabis Products within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the sales, testing, manufacturing, cultivating, growing, transporting, delivery and distribution, during the pendency of a study to determine the need for police power regulations, including, but not necessarily limited to, any additional licensing and time, place, and manner restrictions that may be allowed.
H. Pursuant to the language of the session law, cities, as soon as the law becomes effective, have authority to adopt an interim ordinance to prohibit a cannabis business from opening until January 1, 2025, in order to conduct studies or consider adopting or amending allowed restrictions on the operation of a cannabis business.
SECTION 2. FINDINGS.
A. The City Council finds there is a need to study (i) cannabis products, including products: using any part of the genus Cannabis plant; containing cannabis concentrate; infused with cannabinoids (including, but not limited to, tetrahydrocannabinol); extracted or derived from cannabis plants or cannabis flower; synthetically derived cannabinoids; and any lower potency hemp edibles that contain more than 0.3% of Tetrahydrocannabinol, (ii) cannabis businesses related thereto, and (iii) the impact of those businesses and products as related to allowed land uses and zoning, in order to assess the necessity for and efficacy of regulation and restrictions relating to the retail sales, wholesale sales, testing, growing, cultivating, manufacturing, transporting, delivery of, or distribution of any of the products referenced herein, including through zoning ordinances or licensing, if allowed, in order to protect the public health, safety, and welfares of its residents.
B. The study will allow the City Council to determine the appropriate changes, if any, that it should make to the New Germany City Code, including any necessary zoning changes.
C. The time will allow for any state agency licensing cannabis businesses to make rules and adopt its model ordinances which will further aid the Council in studying and considering restrictions on the operation of a cannabis businesses and the use of the products listed in paragraph A above.
D. The City Council, therefore, finds that there is a need to adopt a city-wide moratorium on the retail sale, wholesale sale, testing, growing, cultivating, manufacturing, transporting, delivery of, and distribution of Cannabis Products, including products: using any part of the genus Cannabis plant; containing cannabis concentrate; infused with cannabinoids (including, but not limited to, tetrahydrocannabinol); extracted or derived from cannabis plants or cannabis flower; synthetically derived cannabinoids, or lower potency hemp edibles that contain more than 0.3% of Tetrahydrocannabinol, within the City while City staff studies the issue.
SECTION 3. MORATORIUM.
A. No individual, establishment, organization, or business may, for commercial purposes, engage in the retail sale, wholesale sale, testing, growing, cultivating, manufacturing, transporting, delivery of, or distribution of Cannabis Products, including products using any part of the plant of the genus Cannabis; containing cannabis concentrate; infused with cannabinoids (including, but not limited to, tetrahydrocannabinol); extracted or derived from cannabis plants or cannabis flower; synthetically derived cannabinoids, or lower potency hemp edibles that contain more than 0.3% of Tetrahydrocannabinol, until January 1, 2025 or until this ordinance is modified or repealed, whichever occurs first.
B. Planning or zoning applications related to any of the products listed in Subsection A of Section 3 herein or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, growing, cultivating, manufacturing, transporting, delivery of, or distribution of Cannabis Products within the City of New Germany shall not be accepted or considered until January 1, 2025 or until this ordinance is modified or repealed, whichever occurs first.
C. This moratorium does not apply to the selling, testing, manufacturing, or distributing of Cannabis 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.
D. This moratorium does not apply to the continued sale of THC Products allowed under the 2022 Legislation, which includes edible and nonedible cannabinoid products that contain no more than 0.3% of Tetrahydrocannabinol, by retailers in existence before July 1, 2023.
SECTION 4. STUDY.
The City Council directs City staff to study the need for local regulation regarding the retail sale, wholesale sale, testing, growing, cultivating, manufacturing, transporting, delivery of, or distribution of Cannabis Products listed in Section 3(A) herein within the City of New Germany. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, as allowed by the state, or any other ordinances, as allowed and not preempted by the state, to protect the citizens of New Germany from any potential negative impacts. 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 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 City’s general penalty in City Code Chapter 10.
SECTION 6. TERM.
Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until January 1, 2025.
EFFECTIVE DATE
This ordinance shall become effective upon publication of notice of its adoption.
Passed and adopted by the City Council of the City of New Germany this 15th day of August, 2023.
ATTEST: /S/ Twyla Menth, Clerk
/S/ Steven Van Lith, Mayor
Motion made by Councilwoman Jaeger, seconded by Councilman Grove.
Published in the Herald Journal, Aug. 25, 2023. |
