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CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2024-21 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE TITLE 11 TO REGULATE THE POSSESSION, SALE, AND CONSUMPTION OF CANNABIS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title 11 Business Regulations by adding a Chapter 11.28: Cannabis Businesses. SECTION 2. The City Council of the City of Lake Elmo hereby amends Title 11 Business Regulations; Chapter 11.28 Cannabis Businesses by adding a Section 11.28.010 Administration (Proposed language is underlined): (a) Finding and Purpose. The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Lake Elmo (hereinafter “City”) to protect the public health, safety, welfare of City residents by regulating cannabis businesses. The City finds and concludes the proposed provisions are appropriate and lawful land use regulations, will promote the community's interest, and are in the public interest and for the public good. (b) Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. (c) Definitions. Applicant means an entity with a license or endorsement issued by the OCM that is applying for an initial registration or for registration renewal. The Act means Minnesota Statutes, Chapter 342, as is may be amended from time to time. Cannabis Business has the same meaning as defined in Minnesota Statutes, section 342.01. Cannabis Retailer means a business with a cannabis retailer license or cannabis retail endorsement from OCM. Retailer means every business that is licensed under the Act and required to register with the City under Minnesota Statutes, section 342.22. Including cannabis businesses and lower-potency hemp edible retailers. OCM means the Minnesota Office of Cannabis Management. Potential Licensee means an entity that has not received a license from the OCM and is seeking a pre- license certification. SECTION 3. The City Council of the City of Lake Elmo hereby amends Title 11 Business Regulations; Chapter 11.28 Cannabis and Hemp Businesses by adding a Section 11.28.020 Pre-License Zoning Approval (Proposed language is underlined): (a) The City Administrator is authorized to certify whether a proposed Cannabis Business complies with the City’s zoning ordinances, this Chapter, and if applicable, with state fire code and building code pursuant to Minnesota Statutes, section 342.13.