2023-084 Resolution - Laserfiche WebLink

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WHEREAS, this ordinance constitutes an emergency measure for the immediate preservation of the public peace, property, health, safety, or general welfare in that a moratorium on the review of the permitting and/or use of such establishments or facilities that sell for consumption on site Kava and Kratom or Delta 8 -THC and Delta 9 -THC is necessary to enable this Council to consider reasonable regulation and to prevent unregulated proliferation of same through the issuance of any permit or license prior to either the effective date of the City's regulation or August 1, 2023, whichever occurs first. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTYOFCUYAHOGA AND STATE OFOHIO: SECTION 1: For the reasons stated in the preamble to this Resolution, as well as stated in Resolution 2022-100 and Resolution 2023-47, this Council declares and extends a moratorium on review of applications for and the issuance of permits and/or license under Title Three of the Planning and Zoning Code of the Codified Ordinances of North Olmsted, Ohio, for the development, construction, use, or occupancy of any establishment designed or intended to be used in any way for the sale and consumption on site of products known as Kava and/or Kratom and/or Delta 8 -THC or Delta 9 -THC, commencing on the effective date of this ordinance and ending on either the effective date of an ordinance regulating the zoning and/or licensing or October 1, 2023, whichever date occurs first. SECTION 2: It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code. SECTION 3: That, if any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected. SECTION 4: This Ordinance is declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety and general welfare of the citizens and visitors of the City of North Olmsted, and for further reason that it is immediately necessary in order for this Council to consider reasonable regulation of the use and occupancy of premises for the sale and consumption on site of the products herein and prevent unregulated proliferation of these facilities / establishments. Therefore, provided this Ordinance receives the affirmative vote of five members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise from and after the earliest period allowed by law. PASSED: a0 First Reading:-3o-ot3 Second Reading:Sa�nS.r.o,.i Third Reading: 5ytsri-�.ns-i aT Committee: