ORD 2024-08 Interim Ordinance Temporarily Prohibiting Operation of Cannabis BusinessesCITY OF OTSEW
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2024-08
INTERIM ORDINANCE TEMPORARILY PROHIBITING
OPERATION OF CANNABIS BUSINESSES
The Otsego City Council does ordain:
Section 1. FINDINGS AND PURPOSE.
A. By enacting 2023 Session Laws Chapter 63, the Minnesota Legislature enacted Minn. Stat. chapter
342, legalizing adult -use cannabis and permitting the operation of cannabis businesses and the sale
of cannabis flower and cannabis products for human consumption. This law creates a new agency,
the Office of Cannabis Management, to regulate the sales of cannabis products.
B. The new law does enact some requirements for production, labeling and testing, and sale of cannabis
products at the state government level. However, the new law creates uncertainty that will need to
be resolved by the passage of further regulations by the Office.
C. The new law establishes that the sale of cannabis products are still subject to local planning and
zoning restrictions, and must comply with local zoning code. The new law provides no guidance on
how cities are to zone the new businesses, leaving it to local control.
D. Pursuant to Minn. Stat. § 342.13, the City is authorized to adopt an interim ordinance protecting the
planning process and the health, safety, and welfare of its citizens. Under Minn. Stat. § 342.13, such
ordinance may remain in effect until January 1, 2025
E. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32,
the City may enact regulations regarding to promote the health, safety, order, convenience, and the
general welfare of the City. This power permits the City to implement a moratorium to study the
sales, testing, manufacturing, and distribution of cannabis products to determine if regulations are
necessary for the sake of good order of the City.
F. The City Council finds that it is necessary to study the application of 2023 Session Laws Chapter 63,
and the products, 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 cannabis flower, cannabis products, and lower -potency products including through zoning
ordinances, in order to protect the public health, safety, and welfare of its residents.
Section 2. DEFINITIONS: The following terms when used in this ordinance shall mean:
Official controls. "Official controls" or "controls" means ordinances and regulations which control the
physical development of the city or any part thereof or any detail thereof and implement the general
objectives of the comprehensive plan. Official controls include ordinances establishing zoning, subdivision
controls, site plan regulations, sanitary codes, building codes and official maps.
Cannabis Business. "Cannabis Business" has the meaning given in Minn. Stat. § 342.01, subd. 14.
Cannabis Flower. "Cannabis Flower" means the harvested flower, bud, leaves, and stems of a cannabis
plant.
Cannabis Product. "Cannabis Product" means a product infused with cannabinoids, including but not
limited to tetrahydrocannabinol (THC), including hemp -derived cannabinoids.
Section 3. INTENT AND AUTHORIZATION:
A. It is the intent of this ordinance to allow the City of Otsego time to complete an in-depth study
concerning adoption of revisions of the City's official controls for the manufacturing, testing,
distributing, and selling of Cannabis Flower and Cannabis Products, and the operation of Cannabis
Businesses,
B. City staff is directed and authorized to conduct a study of the City's official controls that may need to
be adopted or amended to protect the public health, safety, and welfare as they relate to the
manufacturing, testing, distributing, and selling of Cannabis Flower and Cannabis Products, and the
operation of Cannabis Businesses.
Section 4. TEMPORARY PROHIBITION: Pending the completion of the above referenced study and the
adoption of appropriate official controls the manufacturing, distributing, and selling of Cannabis Flower and
Cannabis Products, and the operation of any Cannabis Business not lawfully established priorto the effective
date of this moratorium is prohibited within the City.
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 Sec. 148 et seq.
Section 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and shall
remain in effect until January 1, 2025, or until the adoption ofthe official controls being studied, whichever
occurs first.
(The remainder of this page inentionally blank)
ADOPTED by the Otsego City Council this 24' day of June, 2024,
MOTION BY: Moores
SECONDED BY: Goede
INFAVOR:Stockamp, Dahl, Goede, and Moores
OPPOSED: Dunlap
CITY OF OTSEGO
ATTEST:
Audra Etzel, City Clerk
3
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
SUMMARY OF ORDINANCE NO.: 2024-08
INTERIM ORDINANCE TEMPORARILY PROHIBITNIG
OPERATION OF CANNABIS BUSINESSES
NOTICE IS HEREBY GIVEN that on June 24, 2024, Ordinance 2024-08 was adopted by the City
Council of the City of Otsego, Minnesota.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council temporarily prohibits
operation of cannabis businesses until January 1, 2025.
ADOPTED by the Otsego City Council this 24th day of June, 2024.
CITY OF OTSEGO
Jessica L. Stocl<amp, Mayor
ATf EST:
Audra Etzel, City Clerk
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in
summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerl<,
Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.
1
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 06/29/2024 and the last
insertion being on 06/29/2024,
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 '
me on 06/29/2024 by Rhonda Herberg.
Notary Public
a t� • Minnesota
. A.. •• IA
1
Rate Information:
(1) Lowest classified rate paid by commercial users
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CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
SUMMARY OF ORDINANCE
NO.: 2024=08
INTERIM ORDINANCE
TEMPORARILY PROHIBITNIG
OPERATION OF CANNABIS
BUSINESSES
NOTICE IS HEREBY GIVEN
that on June 24, 2024, Ordinance
2024-08 was adopted by the City
Council of the City of Otsego,
Minnesota.
NOTICE IS FURTHER GIVEN
that the ordinance adopted by the
City Council temporarily prohibits
operation of cannabis businesses
until January 1, 2025.
ADOPTED by the Otsego City
Council this 24th day of June, 2024,
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra Etzel, City Clerk
Pursuant to Minnesota
Statutes 412.191, Subd. 4 and
331A.01, Subd,10, this Ordinance
is published in summary form.
Complete copies of the ordinance
are available for inspection by
contacting the City Clerk, Otsego
City Hall, 13400 90th Street NE,
Otsego, Minnesota 55330 during
regular office hours,
Published in the
Star News
June 29, 2024
1405557
Ad ID 1405557