City Council Agenda and Packet 2009 10 13 SP

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PAGE TWO SUBJECT: ORDINANCE NO. 1561, SERIES 2009 — 1ST Reading — Set Public Hearing 10/20/09 DATE: October 20, 2009 recent proliferation of dispensaries, recent inquiries the City has received, and the fact that forthcoming legislation or other developments may impact how such dispensaries may be regulated, thus supporting a moratorium on an interim and emergency basis. An emergency ordinance takes effect immediately upon adoption, provided the samehas been adopted and signed by the Mayor and approved by two-thirds of the entire City Council. City Council may consider the following policy actions in light of the proposed ordinance. They are as follows: 1) Approve Ordinance No. 1561, Series 2009 establishing a moratorium. 2) Reject Ordinance No. 1561, Series 2009 and adopt additional land use regulations (in addition to those approved October 6, 2009) to permit medical marijuana dispensaries by right and/or special review, under certain conditions for operation and locations and/or subject to supplemental regulations. 3) Reject Ordinance No. 1561, Series 2009 and direct staff to review whether options and legal support exist for prohibiting medical marijuana dispensaries entirely within the City of Louisville. Lastly, a number of issues were raised at the October 6, 2009 regular City Council meeting regarding the length of the moratorium, federal law implications, etc. A memo will be provided prior to the October 13 special meeting as it relates to these issues for consideration by City Council. FISCAL IMPACT: Staff time to review potential legislative action and/or guidance and thus develop regulations and/or recommendations pertaining to medical marijuana dispensaries. RECOMMENDATION: Approve Ordinance No. 1561, Series 2009 on first reading and set the public hearing for October 20, 2009. ATTACHMENTS: Ordinance No. 1561, Series 2009 4