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File #: 25-45    Version: Name:
Type: Resolution Status: Passed
File created: 2/19/2025 In control: City Council
On agenda: 4/8/2025 Final action: 4/8/2025
Title: A RESOLUTION DECLARING A 3-MONTH MORATORIUM ON ACCEPTING FOR FILING AND CONSIDERATION, REVIEW AND APPROVAL OF ALL NEW APPLICATIONS FOR MARIJUANA RELATED ACTIVITIES IN THE CITY OF HUDSON; AND DECLARING AN EMERGENCY. Brief Description: A proposed resolution to extend a moratorium regarding marijuana related activities.
Sponsors: Jeffrey L. Anzevino
Indexes: Community Development
Attachments: 1. Staff Memo regarding state law allowances for moratorium and info on dispensary regulations 2.27.25, 2. Resolution No. 25-45
Related files: 24-150, 23-154, 24-0110, 23-166, 17-99, 16-146

Title

A RESOLUTION DECLARING A 3-MONTH MORATORIUM ON ACCEPTING FOR FILING AND CONSIDERATION, REVIEW AND APPROVAL OF ALL NEW APPLICATIONS FOR MARIJUANA RELATED ACTIVITIES IN THE CITY OF HUDSON; AND DECLARING AN EMERGENCY.

Brief Description:  A proposed resolution to extend a moratorium regarding marijuana related activities.

Body

Legislative History

Ord. 16-146 - Adopted a Moratorium on Applications for and Granting of Zoning Certificates for Buildings, Structures, etc. for Medical Marijuana; 9/6/2016
Ord. 17-99 - Amending 1206.01 and 1213.02 of the Planning and Zoning Code; 10/3/2017
Res. 23-166 - Declaring 12-Month Moratorium; passed 12/12/2023.
Ord. 23-154 - Amending Chapter 1205 and 1206 Relative to Regulation of Vape Shops, Pawn Shops, Tattoo Parlors and Marijuana Facilities; 4/9/2024

Res. 24-150- Declaring 3-Month Moratorium; passed 12/3/2024, effective 1/2/25.

Purpose & Explanation

Proposal to establish an additional three month moratorium while Council completes final consideration regarding a permanent moratorium.

Based on Council discussion  on 2.24.25, a LDC amendment request to establish a permanent prohibition will be presented for workshop discussion.  Extension of the temporary moratorium would allow time for the LDC amendment consideration.

In addition to the attached staff collected information, City Council requested some comment from Police and Fire.  Staff obtained the following brief statement from Chiefs Tabak and Varnes:

Although it can be hard to predict, Safety Services does not expect a large increase in safety forces calls for service based on the type of business (marijuana dispensary).  Police also spoke with other agencies that have dispensaries and they did not indicate large increases in calls for service.   Main concerns are the same as when any other business open within the city.    How much vehicular traffic, calls for service, etc. , that may impact safety forces.   Its hard to predict these without knowing the size of the dispensary and volume of business it generates.  

Legal Authority for Proposed Legislation

Pursuant to Charter Section 6.04, Contracts & Purchasing:

                       Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])

                       Joint or Cooperative Purchase Program

                       Professional Services

                       Other [provide explanation]

Fiscal Impact

                       Currently Budgeted (Account #, $)

                       Supplemental Appropriation Required (Account #, $)

x                       Appropriation Not Required

Does this legislation require use of an emergency clause?

                     X                       Yes

                       No

 

Recommendation

Suggested Action

Staff recommends extending the marijuana moratorium.

Submitted by,

Thomas J. Sheridan, City Manager

Brian Griffith, Asst City Manager

Greg Hannan, Community Development Director