PUBLIC NOTICE

ORDINANCE 24-001
THE CITY COUNCIL OF TWIN LAKES, MINNESOTA ORDAINS A MORATORIUM ON THE CREATION OF NEW AND THE ISSUANCE OF
NEW TOBACCO LICENSES, NEW OFF-SALE LIQUOR LICENSES, NEW SEXUALLY ORIENTED BUSINESS LICENSES, AND NEW CANNABIS LICENSES

Section 1. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the city is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or a part of the city while the city or its planning department is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls.
Section 2. Findings and Purpose. (Cannabis, Tobacco Shops, Off-Sale Liquor Stores, Sexually Oriented Business). With the creation of new cannabis businesses in the year 2025, the city council is concerned about the placement of this business and its similarity with tobacco products shops, off-sale liquor sales and sexually oriented businesses. The city council is concerned that new cannabis, tobacco products shops, sexually oriented business, and off-sale liquor licenses are concentrated in vulnerable areas of the city. The city has authorized a study to consider possible amendments to its official controls, including the zoning code, and related policy and process improvements. The city council finds that this interim ordinance should be adopted to protect the planning process and the public health, safety, neighboring properties, economic viability, public assets, and general welfare of the city.
Section 3. Study. The department of Development Services, in cooperation with other applicable city departments, is hereby authorized to conduct a study to evaluate the impact of tobacco products shops, off-sale liquor stores, sexually oriented businesses and cannabis businesses on the community, and to propose such amendments to the city’s official controls and other regulatory devices that the department deems necessary and advisable in furtherance of the city’s policy objectives.
The study area consists of the entire city. The City Council and City Clerk shall return to the city council to present a progress report or ordinance recommendations in no more than six (6) months’ time.
Section 4. Restrictions. For a period of six (6) months from the date of introduction of this ordinance on June 27, 2024, throughout the city of Twin Lakes.
(1) New tobacco products shops. No zoning approval, building permit, or license shall be allowed or granted by any city department to establish a new principle use tobacco product shop in a location where one does not already exist.
(2) New off-sale liquor stores. No zoning approval, building permit, or license shall be allowed or granted by any city department to establish a new principle use tobacco product shop in a location where one does not already exist.
(3) New sexually oriented business. No zoning approval, building permit, or license shall be allowed or granted by any city department to establish a new principal sexually oriented business in a location where one does not already exist.
(4) New Cannabis businesses. No zoning approval, building permit, or license shall be allowed or granted by any city department to establish a new principal cannabis-oriented business in a location where one does not already exist.
(5) Exceptions. Subject to compliance with all applicable, existing ordinances:
a. License renewals shall be allowed during the interim ordinance period.
b. License transfers from one business to another business overtaking the same tenant space shall be allowed during the interim ordinance period.
(6) Severability. If any provision of the Ordinance is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining portions hereof. In anticipation of completion of the study prior to the six (6) month expiration of the interim ordinance, the city council may elect to conclude the interim ordinance, or provisions hereof, by resolution or adoption of ordinances as a result of the study.
These restrictions shall apply only to the issuance of permits and licenses for which an application has not been filed prior to the effective date of the interim ordinance.
Passed by the City Council of Twin Lakes, Minnesota this 27th day of June, 2024.
Jean Epland
Mayor ProTem
Attested:
/s/Lisa DeRaad
City Clerk
06-27-24

Albert Lea Tribune:
July 3, 2024
ORDINANCE 24-001