The City Council passed Ordinance 10-5512 on May 11, 2010, imposing an immediate moratorium on the opening of any new medical marijuana businesses in the City of Billings. Such interim zoning legislation is authorized by MCA §76-2-306, and effective for a 6-month period provided the City is considering or intends to consider within a reasonable amount of time more permanent zoning proposals. Pursuant to MCA §76-2-306, the City Council may extend the moratorium twice for a period of one year by a two-thirds vote of the Council. The City Council passed Ordinance 10-5523 on September 27, 2010, extending the moratorium until November 11, 2011, at which time the moratorium will expire. The attached ordinance will extend the moratorium for an additional one (1) year period. This is the final extension allowed under this statute. An extension would allow the City to continue to study the effects of medical marijuana businesses and to develop more permanent zoning restrictions. The extension would also allow the City to evaluate any future court decisions or ballot initiatives addressing medical marijuana businesses and related issues.  Only one reading of the ordinance is required per MCA 76-2-306.

VOTE REQUIRED: Two-thirds of the Council present and voting.

MCA 76-2-306 allows the adoption of an interim zoning regulation as a matter of urgency without the review of the City Zoning Commission or the publication of several legal ads in advance of the City Council public hearing. Interim zoning regulations may only be in effect for six (6) months from the date of enactment, and then extended twice for additional one (1) year periods. Billings City Council Ordinance 10-5523 is set to expire on November 11, 2011, at which time new medical marijuana businesses could open in the City of Billings. The contemplated ordinance would extend the moratorium for one (1) additional year until November 11, 2012, upon a two-thirds vote of the Council.
 
The City Council may: 

1. Approve the medical marijuana moratorium extension; or,
2. Deny the medical marijuana moratorium extension.

There is no anticipated cost to the City to extend the medical marijuana moratorium for an additional one (1) year period.

Staff recommends that the City Council conduct a public hearing and approve the moratorium extension ordinance.