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Ordinance 699CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 699 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING MEDICAL CANNABIS MANUFACTURING AND DISTRIBUTION FACILITIES THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. FINDINGS AND PURPOSE. A. The City Council finds that it is necessary to temporarily preserve the status quo regarding the City’s regulation of land uses through its official controls with regard to the sale of medical cannabis under Minnesota’s medical cannabis program as authorized by Minnesota Statutes sections 152.21–.37. The medical cannabis program does not prohibit the City from placing additional location limitations or regulatory requirements on medical marijuana distribution facilities beyond those contained in the statutes. B. The City has received an inquiry about potential medical marijuana distribution facilities in the City. C. The City finds that medical marijuana manufacturing and distribution facilities represent new land uses not presently addressed in the City’s official controls and never previously studied by the City. D. The City finds that such uses should be studied for the purpose of determining whether amendments or additions to the City’s official controls may be necessar y to protect the public health, safety and welfare. 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. Medical Cannabis. Any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of: (1) liquid, including, but not limited to, oil; (2) pill; (3) vaporized delivery method with use of liquid or oil; (4) combustion with use of dried raw cannabis; or (5) any other method approved by the commissioner. DocuSign Envelope ID: A847426B-0D97-4C8C-ABC5-1F96C04B1F0B Medical Cannabis Manufacturer. An entity registered by the Minnesota Commissioner of Health to cultivate, acquire, manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, delivery devices, or related supplies and educational materials. Distribution Facility. A center for the distribution of medical cannabis operated by a medical cannabis manufacturer. SECTION 3. INTENT AND AUTHORIZATION: A. It is the intent of this ordinance to allow the City of Chanhassen time to complete an in-depth study concerning adoption of revisions of the City’s official controls for medical marijuana manufacturing and distribution facilities and in the interim to protect the planning process and health, safety, and welfare of the citizens of the community. B. City staff is 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 medical cannabis manufacturing and distribution facilities. SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above referenced study and the adoption of appropriate official controls, the following uses are prohibited within the City:  Medical Cannabis Manufacturer  Distribution Facility 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 Manager, 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 § 1-9. SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and shall remain in effect for one year from the effective date of this ordinance or until the adoption of the official controls being studied, whichever occurs first. PASSED AND ADOPTED this 10th day of October, 2022 by the City Council of the City of Chanhassen, Minnesota Kim Meuwissen, City Clerk Elise Ryan, Mayor (Published in the Chanhassen Villager on October 20, 2022) DocuSign Envelope ID: A847426B-0D97-4C8C-ABC5-1F96C04B1F0B