WHEREAS, The City of Silver Bay (hereinafter “City”) makes the following legislative findings:
The purpose of this ordinance is to implement the provisions of Minnesota Statutes, Chapter 342, which authorizes the City to protect the public health, safety, welfare of City of Silver Bay residents by regulating cannabis businesses within the legal boundaries of the City.
The City finds and concludes that the proposed provisions are appropriate and lawful licensing regulations for the City of Silver Bay, Lake County, Minnesota, and that the proposed ordinance will promote the community’s interest in public safety and be for the public good.
The City finds and concludes that pursuant to Minn. Stat. Sec. 342.13(i), if a county has one active registration for every 12,500 residents, a city within the county is not obligated to register a cannabis business.
The City finds and concludes that the City of Two Harbors, Lake County, Minnesota has passed an ordinance stating an intention to issue one cannabis business license.
The City finds and concludes that the United States Census Bureau population estimate for Lake County, Minnesota, as of July 1, 2023, is 10,855.
The City finds and concludes that the requirements of Minn. Stat. Sec. 342.13(i) have been met by the issuance of one cannabis registration in Lake County, Minnesota.
The City has the authority to adopt this ordinance pursuant to:
a) Minn. Stat. Sec. 342.13(c) regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis business.
b) Minn. Stat. Sec. 342.22, regarding the local registration and enforcement requirement of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.
c) Minn. Stat. Sec. 152.0263, Subd. 5, regarding the use of cannabis in public spaces.
d) Minn. Stat. Sec. 462.357, regarding the authority of a local authority to adopt zoning ordinances.
This Ordinance shall be applicable to the legal boundaries of the City of Silver Bay, MN.
The City Council of the City of Silver Bay ordains that Chapter 3, Licensing and Municipal Regulations, Section 372 – Cannabis Business, be adopted and incorporated into the City Code as follows:
Section 372 – Cannabis Business
Pursuant to Minn. Stat. Sec. 342.13(i), the City of Silver Bay will not issue a registration or license to any retail cannabis business, temporary cannabis event or other cannabis business as that term is defined in Minn. Stat. Sec. 342.01, Subd. 14.
The foregoing resolution offered by Council Members Bautch and, upon the motion, supported by Council Member DeRosier, was declared and adopted this 21st day of January 2025, by the following roll call vote:
AYES: Member Bautch, Member FitzGerald, Member DeRosier, Mayor LeBlanc
NAYES:
ABSENT: Member Hoff
Adopted by the City Council of the City of Silver Bay, Minnesota on January 21, 2025.
/s/ Wade LeBlanc
Wade LeBlanc, Mayor
ATTEST:
/s/ Lana Fralich
Lana Fralich, City Administrator
