HomeMy WebLinkAboutResolutions R24-05-700 - 05/06/2024 - Extending 6 Months Exisitng Moratorim for New Business License Applications offering Consumable Hemp ProductsSTATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. R24-05-700
RESOLUTION OF THE CITY OF MILTON EXTENDING FOR SIX (6) MONTHS AN
EXISTING 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 of license 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)(14) 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
WHEREAS , the current Unified Development Code ("UDC "), and previously Chapter 64
of the Code of the City of Milton (collectively , the "Zoning Ordinance"), divides property within
the City into various districts , and regulates the use and development of property based on the
district to which the property is designated· and
WHEREAS, the Existing Moratorium , and extended Moratorium contemplated by this
Resolution , is intended to apply to the Zoning Ordinance, irrespective of whether such code is the
UDC or Chapter 64 ; and
WHEREAS , the City is concerned with the proliferation of retail 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 , manufacturers, distributers , and retailers ofconsumable 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 ;
WHEREAS , on April 8, 2024 the City enacted an emergency Moratorium barring through
May 6 , 2024 , the acceptance of applications 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 to be reasonable , necessary , and the least restrictive means avai labl e to protect the public
health, safety , and we lfare.
WHEREAS, the City conducted a properly noticed public hearing on May 6 , 2024 to
consider the possible extension of the Existing Moratorium; and
WHEREAS , th e C ity finds extending the Ex isting Moratorium for six (6) months from the
date of this resolutio n to be reasonably necessary , the least restrictive means avai lable , a reasonable
exercise of the City 's police power, and in the best interests of the public h ea lth , safety and we lfare;
NOW THEREFORE, BE IT RESOLVED ,
1. The statements set forth in the preamble are in corporated here in by reference and
constitu te a material part of this Resolution; a nd
2. The C ity of Milton does hereby extend until November 6 , 2024 , the Existing
Moratorium barring the acceptance of applications for business licenses ,
development permits, building permits , rezonings , zoning cond iti on 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. The
purpose of this Moratorium is to a ll ow the C it y adequate time to consider
amendments to the Zoning Ord in ance that may ban or otherwise prohibit land uses
endeavoring to engage in the retai l trade of consumable hemp products; and
3. The Moratorium imposed by this Resolution shall terminate on the earli est of (I)
midnight on November 4 , 2024 ; (2) approva l by the City Counc il of an additional
moratorium after a public hearing; (3) the adoption of an amendment to the Zoning
Ordinance containi ng restrictions or prohibitions regarding land uses e nd eavoring
to engage in the retail trade of consumab le hemp products; or (4) City action
2024 .
tenninating the Moratori um ; and
4. The Moratorium imp osed herein does not limit the a bility of any bu siness or
property owner to continue their operations or develop the ir land in accordance with
previousl y subm itted or approved licen ses or applications pri or to Apr il 8, 2024.
SO RESOLVED , the public health , safety and welfare demanding it , thi s 6th day of May ,
Approved: