The reason we elect a city council and mayor is to have citizen representation when crafting or upholding our laws and ordinances within our city. They should not be injecting their own personal views on those laws they just need to follow them within reason.
The gross abuse of power the Mayor and the Council is showing with the Med MJ ordinance is appalling and shows the stark similarities between how this ordinance is being crafted and how the Events Center was passed.
MED MJ ORDINANCE LINK
The Event Center vote was an ‘Advisory Vote’ in other words it had no legal binding, it was just a suggestion to the city council. A little over 50% voted YES. If this would have been a LEGAL bond initiative vote it would have failed because that needs 60% to pass. Of course, a majority of the City Council ignored that fact and voted to pass the Event Center bonds WITHOUT a LEGAL bond election, and without a 60% majority on the advisory election. In other words, we were NOT properly represented by our councilors and mayor.
Fast forward to 2021, and the new mayor and council are back at their old tricks by injecting their personal feelings and opinions of a very small minority of people when crafting Med MJ ordinances. While the news has been reporting about the ridiculous FIVE dispensary rule (while we have hundreds of bars, liquor stores and telephone booth VL casinos) they have avoided talking about the 1,000 foot setback, the conditional use permitting process and most egregious of all the initial $100,000 1st year license fee and $50,000 a year after that (you have to buy a 2 year license for $100,000.) Remember, over 70% of South Dakota voters approved Med MJ and even a higher percentage in Minnehaha County and the City of Sioux Falls. They are totally ignoring the will of the voters and the majority and doing the bare minimum to restrict these dispensaries. I have also heard there was pressure from a certain bank and hospital in town, you can probably guess.
Sadly, according to the city website, these are running rates for alcohol licensing;
Retail On/Off Sale Malt Beverage (yearly renewal) $333.00
Retail On/Off Sale Wine (yearly renewal) $533.00
Package Liquor (yearly renewal) $533
Retail Liquor (Bar) One time License Fee $192,393 with a yearly renewal fee of $1,500
You could either argue that the licensing fees of alcohol (a narcotic, not a plant) is too low, or the licensing of Med MJ is too high, but they are grossly mismatched. And where did the $100K fee come from? It is obvious it was pulled from their behinds and isn’t based on any economic or financial data, it’s just vindictive. Also factor in that dispensaries would be selling a harmless plant discreetly for medicinal use and no product can be used on the premise. It’s no different than picking up vitamins at Wayne & Mary’s. The immense ignorance and dictatorship like actions taken by Mayor TenHaken and the City Council are extremely worrisome and concerning. This is why most of this ordinance was crafted in secrecy, they know it is unethical and wrong.
I also think this is a part of a statewide effort to punish voters and petitioners for passing their own laws. Just look how they gutted the minimum wage (for teenagers) transparency laws, Rec MJ and the list goes on and on. They hate the initiative process because it strips them of their authority and they seek to punish anyone who dares to participate in it. I joked that even if Med MJ passed with 99.9% of the vote, they would still move to limit it. Their greed and power sees no limits and they have no shame about it.
There is a silver lining though.
I’m guessing there will be immense pushback from the industry, and I am also guessing it’s going to be very public and very intense and will hopefully expose who is leading this city into a dictatorship. Get out the popcorn folks because it’s going to be quite a show watching the rats run for their holes but this time they may have no where to hide.
l3wis