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CITY OF BROOKLYN, OHIO RESOLUTION NO. 2025-21 INTRODUCED BY: Mayor Van Kirk, Borowski, Tanski, Grodek, Pucci, Coyle, Celcherts, Mosley A RESOLUTION EXTENDING A MORATORIUM IMPOSED BY RESOLUTION 2025-5 ON THE GRANTING OF BUILDING PERMITS FOR ANY BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE ESTABLISHMENTS THAT SELL OR DISTRIBUTE VAPE, UNREGULATED CANNABIS AND TOBACCO SALES IN THE CITY OF BROOKLYN, OHIO UNTIL MARCH 10, 2026, AND DECLARING AN EMERGENCY WHEREAS, in accordance with the Constitution of the State of Ohio, pertinent provisions of the Ohio Revised Code, and the Charter of the City of Brooklyn, the City of Brooklyn has the power to enact planning and zoning laws that are intended to protect the health, safety and welfare of the citizens of the City; and WHEREAS, there has been an increase in interest from new establishments that would sell vape, unregulated cannabis and tobacco products in the City; and WHEREAS, there already exists a moratorium on the granting of building permits related to adult-use cannabis operations within the City as that term is used in Chapter 3780 of the Ohio Revised Code; and WHEREAS, Council and the Administration desire to review current law and to enact reasonable regulations as to the size, number and location of vape, unregulated cannabis and tobacco sales businesses in the City; and WHEREAS, Council and the Mayor have concern that the Ohio Revised Code and Brooklyn Codified Ordinances do not adequately address the City's interests in economic impact, safety and aesthetics by regulating vape, cannabis and tobacco sales facilities in a way that is necessary to serve such interests; and WHEREAS, this Council and the Planning Commission will be able to evaluate all applicable code in relation to the economic impact, safety and aesthetics of vape, unregulated cannabis and tobacco sales businesses to protect the health, safety and welfare, peace and comfort for the citizens of the City of Brooklyn if a moratorium is in place; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality including restricting areas used for businesses and trades; and WHEREAS, Council imposed a moratorium on September 9, 2024 which stands to be extended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN, COUNTY OF CUYAHOGA AND STATE OF OHIO: Section 1. That Council hereby extends the moratorium on the granting of building permits for any building, structure, use or change of use that would enable establishments that sell or distribute vape, unregulated cannabis and tobacco products in the City of Brooklyn, Ohio until March 10, 2026, in order to allow Council to review all applicable statutes and case law relative to the regulation of these facilities. Section 2. That for the purpose of this Resolution, "vape" and "tobacco" sales shall have the same meaning as in Section 1112.02 of the Brooklyn Codified Ordinances; and "unregulated cannabis" means any Cannabis sativa products for sale (including hemp products) unless they are regulated by the Ohio Department of Commerce, Division of Cannabis Control under Chapters 3780 and 3796 of the Ohio Revised Code. Section 3. That no building permits or any other permits shall be granted to a business owner intending to use any land for the purposes of the selling or distribution of vape, unregulated cannabis or tobacco products for the period of this moratorium. Resolution No. 2025-21 Page 2 Section 4. That the moratorium shall be in effect until March 10, 2026 or until changes are enacted to amend the Codified Ordinances of the City of Brooklyn to address these issues or until Council approves legislation explicitly revoking or extending this moratorium, whichever occurs first. Section 5. That it is found and determined that all formal actions of the Council of the City of Brooklyn concerning and relating to the adoption of this Resolution were adopted in an open meeting of such body, and that all deliberations of the Council of the City of Brooklyn and 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 6. That this Resolution is hereby declared to be an emergency measure dealing with the daily operation of the City of Brooklyn, and provided it receives the affirmative vote of two-thirds (2/3) of all members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, or otherwise it shall take effect and be in force from and after the earliest date allowed by law. ADOPTED: September 8, 2025 ATTESTED: APPROVED: September 10, 2025 /s/ Dana A. Schroeder /s/ Ron Van Kirk Clerk of Council M A Y O R Approved as to legal form KMB /s/ Kathleen M. Pucci Law Director PRESIDENT OF COUNCIL Filed with the Mayor: September 10, 2025 First reading: suspended Second reading: suspended Third reading: September 8, 2025 Yeas: Borowski, Tanski, Grodek, Pucci, Coyle, Celcherts, Mosley Nays: None