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Item 5.
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| City Council Regular | |
| Date: | 11/22/2021 |
| Title: | Public hearing and first reading - Ordinance prohibiting adult-use marijuana dispensaries |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | Yes |
RECOMMENDATION
Staff recommends City Council conduct a public hearing and approve first reading of the Ordinance prohibiting dispensaries that sell adult-use (recreational) marijuana.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
On November 2, 2021, an election was held on whether to allow or prohibit sales of adult-use (recreational) marijuana within the City of Billings. The majority of Billings' voters voted to prohibit adult-use dispensaries in the City. The results of the election were certified on November 9, 2021. The vote prohibiting recreational adult-use marijuana dispensaries takes effect on the 90th day after the local election is held, which is January 31, 2022.
Montana law provides that "[i]f a majority of the qualified electors in the municipality vote to prohibit a category of marijuana business from being located in the municipality, the municipality may not allow that type of business to operate in the municipality." MCA 16-12-301(6)(c)(ii). Therefore, Council is required to enact an ordinance prohibiting adult-use (recreational) dispensaries.
The attached ordinance will enact the will of the voters. This ordinance only prohibits adult-use (recreational) dispensaries and does not affect any other marijuana businesses, including medical marijuana dispensaries. These businesses will be regulated by a separate ordinance requiring a business licenses upon adoption after final reading on November 22, 2021.
Montana law provides that "[i]f a majority of the qualified electors in the municipality vote to prohibit a category of marijuana business from being located in the municipality, the municipality may not allow that type of business to operate in the municipality." MCA 16-12-301(6)(c)(ii). Therefore, Council is required to enact an ordinance prohibiting adult-use (recreational) dispensaries.
The attached ordinance will enact the will of the voters. This ordinance only prohibits adult-use (recreational) dispensaries and does not affect any other marijuana businesses, including medical marijuana dispensaries. These businesses will be regulated by a separate ordinance requiring a business licenses upon adoption after final reading on November 22, 2021.
STAKEHOLDERS
Due to the nature of this proposed ordinance, the stakeholders are those who voted on this issue in the November 2, 2021, municipal election.
ALTERNATIVES
City Council may:
- Approve the Ordinance; or,
- Modify the Ordinance; or,
- Not Approve the Ordinance. Council may not allow adult-use (recreational) marijuana dispensaries, and it must take some legislative action to prohibit this category of marijuana business from being located in the City.
FISCAL EFFECTS
There are no fiscal effects related to this ordinance.
SUMMARY
Given the results of the November 2, 2021, election, Council may not allow adult-use (recreational) marijuana dispensaries in the City of Billings. The attached ordinance prohibits such dispensaries and will accomplish the will of the voters.