HomeMy WebLinkAboutResolutions R24-04-693 - 04/08/2024 - Emergency Moratorium on Accepting New Business License Applications -Consumable Hemp ProductsSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. R24-04-693
RESOLUTION OF THE CITY OF MILTON ENACTING AN EMERGENCY
MORATORIUM ON (1) THE ACCEPTANCE OF NEW BUSINESS LICENSE
APPLICATIONS FOR ENTITIES THAT WILL OFFER CONSUMABLE HEMP
PRODUCTS FOR SALE AND (2) ACCEPTANCE OF APPLICATIONS FOR
DEVELOPMENT PERMITS, BUILDING PERMITS, REZONINGS, ZONING
CONDITION AMENDMENTS, VARIANCES, USE PERMITS, WARRANTS, OR ANY
OTHER PERMIT OR PERMISSON THAT WOULD OR COULD REASONABLY
RESULT IN THE RETAIL SALE OF CONSUMABLE HEMP PRODUCTS IN THE
CITY OF MIL TON
WHEREAS , the City of Milton, Georgia ("City ") is a duly formed political subdivision of
the State of Georgia, with all the powers attendant thereto; and
WHEREAS , Section 1.12(b)(5) of the City 's Charter empowers the City to regulate levy
and otherwise provide for the collection oflicense fees and taxes on privileges, occupations , trades ,
and professions for businesses operating within the City ; and
WHEREAS , Chapter 12 of the current Code of Ordinances ("Code") of the City provides
requirements for businesses operating in the City and steps to obtain a business license ; and
WHEREAS , Section 1.12(b)(l4) of the City 's Charter empowers the City to define ,
regulate, and prohibit any act , practice, conduct, or use of property which is detrimental to the
health , sanitation , cleanliness , welfare , and safety of inhabitants of the City and to provide for the
enforcement of such standards ; and
WHEREAS, Chapter Sec. 32-114 of the Code prohibits the sale , manufacture , use ,
delivery, purchase , possession or distribution of unregulated marijuana substitutes; and
WHEREAS , Section 1.12(b )(27) of the Charter of the City of Milton , Georgia empowers
the City to regulate development within the City limits through zoning ; and
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WHEREAS , Chapter 64 of the current Code of the City of Milton, Georgia and the
proposed Unified Development Code '(collectively , the "Zoning Ordinance") divides property
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within the City into various districts , ~d regulates the use and development of property based on
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the district to which the property is de ;ignated ; and
WHEREAS , while the City currently has in effect Chapter 64 , which is the City 's zoning
code -the City is in the process of enacting a comprehensive Unified Development Code ("UDC ").
This moratorium contemplated by this Resolution is intended to apply to the Zoning Ordinance ,
irrespective of whether such code is Chapter 64 or the to-be-enacted UDC ; and
WHEREAS, the City is concerned with proliferation of the sale of consumable hemp
products in light of warnings from both the Food and Drug Administration and the Centers for
Disease Control that these products have psychoactive and intoxicating properties similar to
marijuana and are largely unregulated and may contain harmful chemicals ; and
WHEREAS , the City finds that the hazards occasioned by the selling of consumable hemp
products constitutes an emergency;
WHEREAS , manufacturers , distributers , and retailers of consumable hemp products argue
that they are not subject to enforcement under ordinances prohibiting unregulated marijuana
substitutes; and
WHEREAS , the City desires to obtain a more comprehensive understanding of the impact
on the health , safety and welfare of its citizens by retailers , vendors , and other businesses selling
consumable hemp products ; and
WHEREAS , the City will utilize this information as a means of modifying/updating its
Zoning Ordinance to potentially include permanent bans or prohibitions on land uses endeavoring
to engage in the retail trade of consumable hemp products ;
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WHEREAS , the City finds a moratorium barring through May 6 , 2024, the acceptance of
app lication s for business li censes, development permits , building permits , rezonings, zoning
condition amendments, variances, use permits , warrants, or any other permit or permission that
wou ld or reasonably could result in the retail sale of consumable hemp products to be reasonable ,
necessary , and the least restrictive means available to protect the public health , safety, and welfare .
NOW THEREFORE, BE IT RESOLVED ,
1. The statements set forth in the preamble are incorporated herein by reference and
constitute a material part of this Resolution; and
2. The City of Milton does hereby enact a moratorium barring until May 6, 2024, the
acceptance of app lic ations for business licenses , development permits , building
permits , rezonings , zoning condition amendments , variances, use permits , warrants ,
or any other permit or permission that would or reasonably could result in the retail
sale of consumable hemp products . The purpose of this moratorium is to allow the
City adequate time to consider a lon ger moratorium following a public hearing and
also to consider amendments to the Zoning Ordinance that may ban or otherwise
prohibit land uses endeavoring to engage in the retail trade of consumab le hemp
products; and
3. The moratorium imposed by this Resolution shall terminate on the earliest of (1)
midnight on May 6, 2024; (2) approval by the City Council of an additional
moratorium after a public hearing ; or (3) the adoption of an amendment to the
Zoning Ordinance containing restrictions or prohibitions regarding land uses
endeavoring to engage in the retail trade of consumable hemp products ; and
2024.
Attest:
4. The moratorium imposed herein does not limit the ability of any business or
property owner to continue their operations or develop their land in accordance with
previously submitted or approved licenses or applications.
SO RESOLVED , the public health , safety and welfare demanding it, this 8th day of April