City Council Agenda and Packet 2009 10 13 SP

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COUNCIL COMMUNICATION TO: MAYOR AND CITY COUNCIL FROM: MALCOLM FLEMING CITY MANAGER DATE: OCTOBER 13, 2009 SUBJECT: ORDINANCE NO. 1561, SERIES 2009 -AN EMERGENCY ORDINANCE OF THE CITY OF LOUISVILLE ESTABLISHING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, PROCESSING, OR ISSUANCE OF APPLICATIONS OR . REQUESTS FOR BUSINESS REGISTRATION, SALES TAX LICENSES, BUILDING PERMITS, AND CERTIFICATES OF OCCUPANCY FOR MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF LOUISVILLE— 1st Reading —Set Public Hearing 10/20/09 ORIGINATING DEPARTMENT: CITY MANAGER'S OFFICE SUMMARY: Please find attached the proposed draft emergency ordinance establishing a temporary moratorium on the acceptance, processing, or issuance of applications or requests for business registration, sales tax licenses, building permits, and certificates of occupancy for medical marijuana dispensaries within the City of Louisville. Based on the recitals cited in the ordinance the following shall occur upon approval: • Upon the effective date of this ordinance and until April 20, 2010 (6 Months) no application or request for business registration, sales tax license, building permit, or certificate of occupancy for a medical marijuana dispensary or for any business purporting to sell or actually selling for medical use shall be received, reviewed approved or otherwise acted upon. • City staff is directed to study, develop, review and evaluate appropriate regulations or recommendations pertaining to medical marijuana dispensaries for presentation to and consideration by City Council. • The provisions of this ordinance are temporary in nature and may be repealed by a subsequent legislative enactment. The temporary moratorium established by this ordinance shall terminate as of April 20, 2010 unless sooner repealed. The Ordinance is styled as an emergency ordinance. Though such an ordinance may be presented and adopted at a single meeting per the Charter, it is proposed that the Ordinance be adopted on first reading on October 13 and presented as an emergency ordinance on second reading on October 20. The draft emergency clause (Section 5) contains a finding that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety and welfare because existing regulations are inadequate to address potential impacts of medical marijuana dispensaries on the health, safety, and welfare of the community. This Section also makes additional findings related to the emergency ordinance based on the is SUBJECT AGENDA ITEM ORDINANCE NO. 1561, SERIES 2009 3