HomeMy WebLinkAboutOrdinance No. 2845-2015/ Sponsored by: Mayor Porter
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KENAI, ALASKA �rp' UVW�� C� %
CITY OF KENAI
LANCE NO. 2845 -2015
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
LIMITED MORATORIUM ON THE OPERATIONS OF Iv
AND /OR BUSINESSES WITHIN THE CITY OF KENAI.
WHEREAS, on November 4, 2014 Alaskan voters
the use of marijuana, and, with a State Ii(
establishments, defined as cultivation, manufa
and, 11
ALASKA, IMPOSING A
NA ESTABLISHMENTS
ed a ballot measure legalizing
the operation of marijuana
testing and retail facilities;
WHEREAS, the initiative, which went into efffict on February 24, 2015, requires the
State to begin accepting and processing applications for the registration of marijuana
establishments within one year of the effec ve date of the act; and,
WHEREAS, the initiative authorizes
the time, place, and manner rel
establishments; and,
governments to enact legislation concerning
to the operation of registered marijuana
WHEREAS, it is in the public's st interest that the City of Kenai carefully consider
and adopt land use regulations hat ensure the orderly development and regulation of
marijuana establishments, ' cluding, sale, cultivation, manufacture, transport,
and /or consumption of mafijuana by persons assembled within a commercial or
industrial structure, in the City of Kenai ; and,
WHEREAS, the purpose of this moratorium is to allow the City of Kenai a reasonable
period of time to cons' er and enact legislation concerning the operation of marijuana
establishments withi the City of Kenai.
NOW, THEREFOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA: /
Section 1. Ap : That this is a non -code ordinance.
Section Moratorium: No Marijuana establishments and /or businesses shall be
permitt within the City of Kenai. Marijuana establishments and /or businesses are
define as those which provide for the sale, cultivation, manufacture, transport,
and r consumption of marijuana by persons assembled within a commercial or
in strial structure.
Ordinance 2845 -2015
Page 2 of 2
Section 3. Moratorium Period: The Prohibition imposed by Section 2 shall be in
effect through February 23, 2016, or when Regulations are adopted by the State of
Alaska, whichever comes first.
Section 4. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section S. Effective Date: That pursuant to KMC 1. 15.070(f), this ordinance shall
take effect 30 days after passage.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of August,
2015.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: July 15, 2015
Public Hearing: August 5, 2015
Enacted: August 5, 2015
Effective: September 5, 2015
New Text Underlined; [DELETED TEXT BRACKETED]
"Villaye with a Past, C# with a Future 'l"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I I I II1
1992
MEMO:
TO: City Council
FROM: Mayor Pat Porter
DATE: July 8, 2015
SUBJECT: Ordinance 2845 -2015, Imposing a Limited Moratorium on the
Operations of Marijuana Establishments and /or Businesses within
the City of Kenai
The purpose of this memorandum is to respectfully request the support of Council for the
above referenced ordinance.
Alaskan voters approved a ballot measure legalizing the use of marijuana, and, with a State
license, the operation of marijuana establishments. The initiative went into effect on February
24, 2015, and within one year of that date, February 23, 2016, the State must accept and
process applications for marijuana establishments. To date, the State has not promulgated
regulations regarding marijuana establishments and /or businesses.
This ordinance is does not establish a pro or con position regarding the operation of marijuana
establishments and businesses, but rather provides for a reasonable period of time for the
State to promulgate regulations, for the citizens of Kenai to consider the manner and location(s)
in which marijuana establishments and businesses operate, and for the Kenai City Council to
enact legislation concerning the operation of marijuana establishments and businesses in the
City of Kenai.
This moratorium provides a reasonable period of time so that the City may establish planning
and zoning requirements for marijuana establishments and businesses that are uniform and
consistent with other establishments and businesses in the City of Kenai
Thank you for your attention in this matter.