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HomeMy WebLinkAboutAgenda Packets - 2024/10/07 CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, October 7, 2024 6:00 p.m. ROLL CALL: Lindstrom, Cermak, Gunn, Meehlhause, Clark Council Work Sessions are informal gatherings of the council at which no final decisions are made, rather consensus discussion to direct staff on council decision items. AGENDA ITEMS DISCUSSED BY CONSENSUS 1. 2025 Draft Fee Schedule (Must be reviewed at this meeting, first reading of ordinance is October 28, 2024) 2. Utility Funds 3. Town Hall Meeting October 21 4. Move October 14 Council to October 15 – Columbus/Indigenous People Day 5. Schedule November 18 Special Council – PRF Commission – WSB Proposal 6. Initial Cannabis Decisions a. OCM Local Government Guide b. Additional “model” language c. Next Steps PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your name and address for the minutes. Also, please limit your comments to three minutes. As a reminder, public comment is for addressing the Council only. Comments or concerns regarding Staff must be submitted in writing to the Mayor or City Administrator. Failure to respect these guidelines will result in me asking you to cease commenting and asking you to return to your seat. That said, is there anyone here for public comment? NEXT COUNCIL WORK SESSION: Monday, November 4, 2024 at 6:00 pm NEXT COUNCIL MEETING: Tuesday, October 15, 2024 at 6:00 pm THIS PAGE LEFT BLANK INTENTIONALLY 2025 Fee Schedule - Draft 2401 Mounds View Boulevard | Mounds View, MN 55112 | (763) 717-4000 | Fax (763) 717-4019 | info@moundsviewmn.org 2024 Mounds View Fee Schedule Page 2 of 14 INDEX I. Building/Community Development Fees Page 2 II. Other Inspection / Planning Fees Page 3 III. Miscellaneous (copies, maps, agenda, etc.) Page 5 IV. Police/Administrative Offenses Page 5 V. Licenses Page 6 VI. Parks, Recreation, and MVCC Facility Rental Fees Page 8 VII. Public Works/Municipal Utility Fees Page 11 Appendix A – 2022 2023 MN State Statutes: 326B.153 Building Permit Fees Appendix B – 2022 2023 MN State Statutes: 326B.148 Surcharge I. BUILDING/COMMUNITY DEVELOPMENT RELATED FEES Building Permit (State Surcharge Required, See Appendix B) Fees shall be based on valuation according to Appendix A, unless specifically noted otherwise or as determined by the City’s Building Official Building Permit Plan Review 65% of Building Permit Fee (Building Official may waive plan review fee for certain projects that require diminutive plan review such as partial basement finishes, kitchen remodeling, and minor repairs/alterations. Building Permit Reinspection $63.25 per State Statute 326B.153 Building Permit Investigation Fee (starting work without an approved/issued permit) Equivalent to permit fee Renewable Energy System (Solar PV Building Permit: Small Rooftop Streamlined, Geothermal, Wind Energy Conversion) – Residential $150 Renewable Energy System (Solar, Geothermal, Wind Energy Conversion) – Commercial See Appendix A Billboards/Billboard Alterations (includes Footings) $250 per billboard plus surcharge Roofing or Siding – Single Family Residential Partial (less than 25%) of principal structure; or Detached Accessory Structures only $100 $65 Roofing or Siding – Townhomes and rental properties up to five units $60 per unit Roofing or Siding – Commercial See Appendix A Window or Door Replacement (within existing openings) $65 for one window or door $100 for two or more windows and/or doors Telecommunications Antenna – New System $750 plus engineering/inspection fees if located on City-owned property plus surcharge (see Public Works for further information) Telecommunications Antenna – Repairs/ Alterations/Swapping or Adding Antennas to Existing System (City or Private Property) $250 per permit plus surcharge COMMERCIAL ELECTRICAL PERMIT $50.00 per trip or the fee below, whichever is great (Solar fees are the same as residential solar fees) Valuation $1 to $1,000 $50.00 Per trip Valuation $1,001 to $2,000 $50.00 for the first $1,000 plus $3.25 for each additional $100 or fraction thereof, to and including $2,000 2024 Mounds View Fee Schedule Page 3 of 14 Valuation $2,001 to $25,000 $82.00 for the first $2,000 plus $14.85 for each additional $1,000 or fraction thereof, to and including $25,000 Valuation $25,001 to $50,000 $423.55 for the first $25,000 plus $10.70 for each additional $1,000 or fraction thereof, to and including $50,000 Valuation $50,001 to $100,000 $691.05 for the first $50,000 plus $7.45 for each additional $1,000 or fraction thereof, to and including $100,000 Valuation $100,001 to $500,000 $1,063.55 for the first $100,000 plus $6 for each additional $1,000 or fraction thereof, to and including $500,000 Valuation $500,000 to $1,000,000 $3,463.55 for the first $500,000 plus $5.10 for each additional $1,000 or fraction thereof, to and including $1,000,000 Valuation $1,000,001 and up $6,013.55 for the first $1,000,000 plus $4 for each additional $1,000 or fraction thereof Reinspection fee (in addition to all other fees) $50.00 Investigation Fee (working without permit) Double Fee RESIDENTIAL ELECTRICAL PERMIT FEES (SINGLE FAMILY HOMES, APARTMENTS, AND CONDOMINIUMS) HOMEOWNERS AND CONTRACTORS: Complete an electrical permit form available from the Building Inspections Division. Add $1.00 for State surcharge to total cost of each permit. The fee is the total of the listed fees or the total number of inspection trips x $50.00, whichever is greater. Residential Panel Replacement $110.00 Sub Panel $50.00 New Service or Power Supply (Circuits) 0 to 300 Amp 400 Amp Add $16.00 for each add’l 100 amps $55.00 $71.00 New Service or Power Supply (Feeders) 0 to 100 Amp 101-200 Amp Add $6.00 for each add’l 100 amps $9.00 $15.00 Minimum permit fee is $50.00 plus $1.00 State surcharge. This is for one inspection only. Minimum fee for rough-in and final inspection is $100.00 plus $1.00 State surcharge. Maximum fee for single family dwelling or townhouse not over 200 amps (No max if service is over 200 Amps) is $200.00 plus $1.00 State surcharge. Maximum of 2 rough-in’s and 1 final inspection. (Failed inspections are an additional $50.00 each) Apartment or Condominium Complex (Does not cover service, unit feeders or house panels). $90.00 per unit Swimming Pool and Hot Tub $100.00 plus circuits at $9/each (includes 2 inspections) Addition/Remodel/Basement Finish $100.00 (includes up to 10 circuits and 2 inspections) Residential Accessory Structure The greater of $55 for panel plus $9 per circuit or $100 for 2 inspections Street and Parking Lot Lights $5 per each standard 2024 Mounds View Fee Schedule Page 4 of 14 Transformers and Generators: Up to 10 kva 11 to 74 kva 75 kva to 299 kva Over 299 kva $5.00 $45.00 $60.00 $165.00 Retrofit Lighting $0.85 per fixture Sign Transformer or Driver $9 per transformer Low Voltage Fire Alarm, Low Voltage Heating and Air Conditioning Control Wiring $0.85 per device Residing Jobs $50.00 first unit, $35.00 for each add’l unit Reinspection Fee (in addition to all other fees) $50.00 Solar Fees: 0 kw to 5 kw 5.1 kw to 10 kw 10.1 kw to 20 kw 20.1 kw to 30 kw 30.1 kw to 40 kw 40.01 kw and larger $90.00 $150.00 $225.00 $300.00 $375.00 $375.00 plus $25.00 for each add’l 10 kw Electrical Inspection Fee: Furnace, Air Conditioning, Bath Fan, Fireplace or Receptacle for Water Heater Vent $40.00  Refunds must be requesting in writing. No refunds unless more than the minimum fee. Refunds are minus the City’s 20 percent handling fee.  Permit fee is doubled if the work starts before the permit is issued.  Minimum fee permits expire in six months.  Permits over the minimum fee and up to $250 expire in one year. Fire Inspections (DHS) $50 Fire Panel Systems See Appendix A Fire Permit (no surcharge), All permits unless noted otherwise $100 Fireworks Display/Fireworks Sales $100 Fireworks Sales Only (Businesses) $350 Fireworks Sales with other Retail (Businesses) $100 Fire Permit, Temporary Tent $50 Fire Permit, Tank Installation (fuel, oil, gas, etc.) $100 per tank Fire Permit, Tank Removal $50 per tank Fire Permit, Operational $50 per year Fire Permit, Chemical Fire Suppression $100 Fire Sprinkler Systems See Appendix A Fire Sprinkler Plan Check 65% of permit (for new construction or 20 heads or more only) Mechanical Permit, Residential (State Surcharge Required, See Appendix B) Minimum $60 or 2% of Valuation, whichever is larger Mechanical Permit, Commercial (State Surcharge Required, See Appendix B) See Appendix A Plumbing Inspection Permit, Residential and Commercial (State Surcharge Required, See Appendix B) Minimum $60 or 1.25% of Valuation, whichever is Larger Plumbing Permit Plan Review, Commercial Plumbing system plans and specifications that are submitted to the City of Mounds View for review shall be accompanied by the appropriate plan examination fees shall be paid prior to plan approval. The City of Mounds View shall charge the following fees for plan reviews and audits of plumbing installations for public, commercial, and industrial buildings: 2024 Mounds View Fee Schedule Page 5 of 14 1. Systems with both water distribution and drain, waste, and vent systems and having: a. 25 of fewer drainage fixture units, $150 b. 26 to 50 drainage fixture units, $250 c. 51 to 150 drainage fixture units, $350 d. 151 to 249 drainage fixture units, $500 e. 250 or more drainage fixture units, $3 per drainage fixture unit to a maximum of $4,000; and f. Interceptors, separators, or catch basins, $70 per interceptor, separator, or catch basin design 2. Building sewer service only, $150 3. Building water service only, $150 4. Building water distribution system only, no drainage system, $5 per supply fixture unit or $150, whichever is greater 5. Storm drainage system, a minimum fee of $150 or: a. $50 per drain opening, up to a maximum of $500; and b. $70 per interceptor, separator, or catch basin design 6. Manufactured home park or campground, one to 25 sites, $300 7. Manufactured home park or campground, 26 to 50 sites, $350 8. Manufactured home park or campground, 51 to 125 sites, $400 9. Manufactured home park or campground, more than 125 sites, $500 10. Revision to previously reviewed or incomplete plans: a. Review of plans for which the city has issued two or more requests for additional information, per review, $100 or ten percent of the original fee, whichever is greater b. Proposer-requested revision with no increase in project scope, $50 or ten percent of original fee, whichever is greater c. Proposer-requested revision with an increase in project scope, $50 plus the difference between the original project fee and the revised project fee--- Zoning Permits (No Surcharge) Title XV, Chapter 150.050(C)(2) Patio/Deck 30” and under, or not attached $30 Driveways, Sidewalks, Parking Lots, Patios (no permit required for sealcoating or overlays without expansion). A right-of-way permit is required for any construction that disrupts City-owned streets, curbing, sidewalks, etc., residential includes churches and schools. Residential R-1 or R-2 Driveway $45 Residential R-3, R-4 and R-5 Driveway or Parking Lot $75 Residential Gravel (refer to Zoning Code for limitations) $25 Commercial/Industrial Driveway or Parking Lot $150 Commercial/Industrial Sidewalk or Patio $75 Fence/Kennel – 7’ or below (if higher, Building Permit, see Appendix A) $30 Retaining Wall – 4’ or below (if higher, Building Permit, see Appendix A) $30 Shed (200 square feet or less) $30 Signs – Billboards (Building Permit) See Appendix A Signs (Chapter 1008) up to 100 square feet $75 Signs 100 square feet or over $95 Signs – Re-Facing or Altering $40 Signs, Banners – Temporary $40 per 21-day period (Limit 4 permits per year plus one additional permit for a banner) Swimming Pools, Residential (Above Ground) $30 Swimming Pools (In-Ground, Building Permit) See Appendix A (Surcharge Required) II. OTHER INSPECTION / PLANNING FEES Applicants are responsible for all costs incurred associated with the filing, review and processing of development applications. Such fees to be paid in escrow up front or upon receipt of statement from the City of Mounds View. Fees may include, but are not limited to, costs for consultants retained by the City, consultant planning services, attorney, and engineer fees. A deposit may also be required to cover costs of public notices, 2024 Mounds View Fee Schedule Page 6 of 14 materials and staff time spent in the review, research or preparation of materials associated with each application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial fee and/or deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within 30 days after consideration of the application is completed. Payment of park dedication fees is required with subdivision applications. Payment of any park dedication fees shall be made by the applicant after final plat approval. Application fees are not refundable. Building Inspections Conducted Outside Normal Business Hours $63.25/hour (two-hour minimum charge) Change of Address $150 Change of Occupancy $75 Comprehensive Plan Amendment $500 Conditional Use Permit, R-1 or R-2 $400 Conditional Use Permit, All Other Districts $400 Conditional Use Permit Amendment Same as CUP Fee Contractor License (Title XV, Chapter 150.053)) $60 Contractor State License Verification Fee $5 per permit Development/Site Plan Review $400 Escrow – Manufactured Homes $500 per permit Escrow – Occupancy (Seed, sod, landscaping; as-building grading survey; driveway installation; curb cut modifications; site clean-up; storm water management; drainage features; site erosion; right-of-way restoration; or any other items as determined by the Building Official) $1,000 for each item Escrow, Planning (actual charges) $2,500 - $10,000 Housing Inspection Initial and One Follow-Up (includes now shows) No Charge (Title XI, Chapter 119) Housing Inspection/No Show, each additional $100 Interim Use Permit (IUP) $400 IUP Amendment $400 Park Dedication Fees (Ord. 745) Residential: $3,500 per unit Non-Residential: Up to 10% of estimated market value (of land) Plan Review (Payment Required Before Plans are Reviewed) 65 percent of permit fee for all commercial permits and for residential permits for new dwellings, dwelling additions, garages, garage additions, decks, sheds over 200 square feet, and major remodeling. Plan Review for Changes, Revisions, or Additions to Plans $47/hour (one half-hour minimum charge) Plan Review, Engineering (Applicable to any project that changes the grade. To be determined by Staff during application review). $100 per permit Plan Review for Outside Consultants for Plan Checking and Inspections or Both Actual costs including administrative and overhead costs Plan Review Similar (all units are same or similar) Each unit after the first shall be 25% or original fee Planned Unit Development (PUD) (Title XV, Chapter 160.300) $1,000 PUD Amendment $400 Refund, Permits (within 100 days of application if work is not commenced) All but $40 Refund, Plan Review 100% (If review has not been done) Refund, State Surcharge 100% Rezoning $500 Vacation, Street or Easement $250 2024 Mounds View Fee Schedule Page 7 of 14 Subdivision $750 Subdivision Escrow $1,000 - $10,000 (at the discretion of the City Administrator) Subdivision (Reapproval Fee) $100 Text Amendment, Zoning Code $400 Text Amendment, Other City Code $400 Variance, Administrative R-1 or R-2 $100 (additional $300 if formal variance is required) Variance, Formal R-1 or R-2 $400 Variance, All Other Districts $400 Wetland Alteration Permit, R-1 or R-2 $200 Wetland Alteration Permit, All Other Districts $350 Wetland Buffer Permit, R-1 or R-2 $30 Wetland Buffer Permit, All Other Districts $100 Zoning Code Review $200 Zoning Letter $100 per letter III. MISCELLANEOUS FEES Certified Copy $5 plus copy charges if any Data Request Generating Over 100 Pages Staff Time (Plus copying charges, if any) Data requests with an estimated cost over $25 will require a $25 deposit. The remainder of payment will be requested at the time of pickup. Once the data request has been fulfilled and the actual total cost is under $25, the difference will be refunded at the time of pickup. Data pickup requests will expire in thirty (30) days from completion of the request. If expired, a new request and deposit would need to be submitted. Filing Fee for Public Office See Mounds View Charter Insufficient Funds (NSF) Check $30 Municipal/City Code, Copy $200 Notary Public (Mounds View Residents Only) Free of Charge Photocopy/Map, B/W 8 ½ x 11 Under 10 copies free, additional copies $0.25 per side Photocopy/Map, B/W 11 x 17 Under 10 copies free, additional copies $0.50 per side Photocopy/Map, Color 8 ½ x 11 Under 10 copies free, additional copies $1.00 per side Photocopy/Map, Color 11 x 17 Under 10 copies free, additional copies $2.50 per side City Map, 24x36 B/W $5 City Map, 24x36 Color $10 Pending Assessment Search $10 Copy Data to Flash Drive (Customer Provides New Unopened Flash Drive) Free IV. POLICE/FIRE/ADMINISTRATIVE OFFENSES Crime Free Multi-Housing Participant No charge Fingerprint Card $20 for first card, $5 each additional Police Report Research (if exceeds 100 pages) $50 per hour Police Report Research (under 100 pages) No charge Certified Copy of Report $5 for certification and .25 per page Clearance Letter $5 Color Computer Printed Copy $5 for 1st page, $1 for each additional Electronic Copies to Digital Media $15 per disc Impound Vehicle Storage Fee $15 per day Annual Permit to Purchase Firearm (State of MN Application) No charge 2024 Mounds View Fee Schedule Page 8 of 14 1st or 2nd Replacement Permit 3rd and each add’l Replacement Permit No charge $20 each False Alarm (Police/Fire), 3rd False Alarm within 12 Months $50 False Alarm (Police/Fire), Each False Alarm in Excess of 3 within 12 months $75 Maintenance-Related Fire Services (Multi-Family Rental Only) $250 Ignition device - Providing to, or in the possession of, a minor $50 Administrative Offenses Animal Violation, 1st Violation within 12 Months $25 Animal Violation, 2nd Violation within 12 Months $50 Animal Violation, 3rd and Subsequent Violations within 12 months $75 Building Code$ $150 Garbage/Trash Dumping $100 House Numbers, Not to Code $25 Junk Vehicle See property based violations Junk and Debris See property based violations Parks and Recreation (Title IX, Chapter 92)) $25 Regulated Business Activity (Title XI) $150 Property Based Violation, 1st Offense $150 Property Based Violation, 2nd Offense within 12 Months $300 Property Based Violations, 3rd Offense within 12 Months $450 Administrative Hearing $50 Watering Ban, 1st Violation Written warning Watering Ban, 2nd Violation $25 Watering Ban, 3rd Violation $50 Watering Ban, 4th Violation $100 Watering Ban, 5th Violation $200 Watering Ban, 6th Violation Given to City Attorney for criminal prosecution Wetland, Altering of (Title XV, Chapter 159) $150 Zoning Code (Title XV, Chapter 160) $150 V. LICENSES (All Licenses are Subject to 20% Late Fee) Adult Establishment $2,500 per year Adult Establishment, Investigation Fee $500 per person identified on the application as an owner, operator or manager. (If it appears that the investigative costs will exceed $500, the City Administrator shall notify the applicant and give the applicant an estimate of costs. The applicant either shall make an additional deposit equal to the difference between $500 and the total estimate or may withdraw the application) Automobile Sales (Title XI, Chapter 112) $ 225 per year Amusement Rides, Carnivals, Circuses (Title XI, Chapter 111) $133 first day plus $21 for each additional day Bowling Alleys (Title XI, Chapter 111) $21 per alley per year Christmas Tree Sales $204 per season Cigarette and Tobacco (Title XI, Chapter 118) $330 per year Contractor License $60 per year Dog License Fees/Duplicate Tag, After One Year Decrease Full Price by 50% Dog License, Spayed/Neutered $12 for 2 years Dog License, Unaltered $20 for 2 years Dog License, Duplicate Tag $5 Donation Collection Bin $100 per bin per year 2024 Mounds View Fee Schedule Page 9 of 14 Garbage/Recycling/Rubbish Hauler (Title V, Chapter 50) $120 plus $50 per vehicle per year Gasoline Stations (Title XI, Chapter 112) $75 plus $25 per pump per year Chickens/Ducks, Keeping of (Title IX, Chapter 90) $100 first year Chicken/Ducks, Renewal $30 per year Honeybees, Keeping of (Title IX, Chapter 90) $50 (one time license) Kennel, Residential (Title IX, Chapter 90) $45 per year Kennel, Commercial $80 per year Kennel, Dog $80 per year Gambling, Lawful (Premises Permit Investigation Fee) $100 per permit Gambling, Lawful (Title XI, Chapter 111.128) 10% Contribution of Net Profits per year Liquor (Title XI, Chapter 110) On-Sale, Intoxicating $0.65 per square foot for that space used primarily as bar area and $0.53 per square foot for that space used primarily as dining area with a minimum fee of $3,000 and a maximum fee of $10,000 On-Sale, Intoxicating (Movie Theaters Only) $3,000 base fee plus $100 per theater room allowing alcohol On-Sale, Sunday Sales $200 per year State of MN AGED Buyer’s Card $20 (new application only) On-Sale, Brewer Taproom $800 per year Off-Sale, Brewer Malt Liquor $200 per year On-Sale Microdistillery $800 per year Off-Sale Microdistillery $200 per year Sunday Growler Sales $200 per year On-Sale Wine $800 per year Off-Sale Intoxicating $260 per year Bottle Club $330 per year On-Sale Malt Liquor/3.2 Beer $800 per year Off-Sale Malt Liquor/3.2 Beer $200 per year Set Ups $330 per year Club $330 per year Temporary Liquor $120 per event (includes background check) Transfer Fee, Liquor License $160 Investigation Fee, Renewal License $50 per year Investigation Fee, Single Person $350 (new application) Investigation Fee, Partnership $385 (new application) Investigation Fee, Corporation $450 (new application) Rental Dwelling (Title XI, Chapter 119) Administrative Fee (Multi-Family Dwelling) $30 (active license with no renters) Single-Family Dwelling $100 per year New Single Family Rental $100 per year plus conversion fee Multi-Family Rental $100 plus $25 per unit per year Renewal Late Fee 10% of license fee (minimum $100) Reinstatement of a Revoked Rental License 5X Rental Fee (Maximum $3,000) Plus Rental Fee License Fee Discount, Certification Level C 20% fee reduction License Fee Discount, Certification Level B 33% fee reduction License Fee Discount, Certification Level A 50% fee reduction Transfer of License $100 per building Conversion Fee (conversion from unlicensed rental to licensed rental, if 3 or fewer units in one building). $375 in addition to annual license fee. 2024 Mounds View Fee Schedule Page 10 of 14 Buildings owned by Nonprofits are exempt from Conversion Fee. $100 if owner presents proof of participation in an applicable education or hires a management company for at least a year Mobile Food Vehicle/Trailer Mounds View Resident/Business Owner $20 per day $100 per thirty (30) consecutive days $250 per year 50% of MFV/Vendor (Annual Only) Mobile Food Vendor/Cart, (Packaged Foods, Ice Cream Truck, Street Vending) Mounds View Resident/Business Owner $10 per day $100 per year 50% of MFV/Cart (Annual Only) Pawn Shop ((Title XI, Chapter 115), Non-refundable Application Fee (Includes Investigation Fee) $500 Pawn Shop, New Manager Investigation Fee $150 Pawn Shop, License $10,000 per year (pro-rated in 30-day increments after June 30th) Pawn Shop, Billable Transaction $1.50 per transaction Pawn Shop, Performance Bond $10,000 Pawn Shop, Failure to Provide Daily Report to City $100 per day Peddler/Transient Merchants/Solicitor (Title XI, Chapter 113) Permits $61 65 per day $204 225 per month $510 600 per year Registered Person (Under the Main Applicant) $15 each person/year $10 each person/month $5 each person/day Peddler Investigation Fee, Per Person No Charge (included in permit fee) Peddler ID Card, Per Person No Charge (included in permit fee) Recuperation/Half Way House (Title XI, Chapter 114) Less than 10 Beds $33 per year Recuperation/Half Way House, 10-49 Beds $55 per year Recuperation/Half Way House, 50-99 Beds $82 per year Recuperation/Half Way House, Over 100 Beds $110 per year Restaurant, Class A (Occupancy Load Greater than 100) (Title XI, Chapter 111), Operating 16 hours per day or less $320 per year Restaurant, Class A (Occupancy Load Greater than 100), Operating More than 16 Hours Per Day $560 per year Restaurant, Class B (Occupancy Load of 100 or Less) , Operating 16 Hours Per Day or Less $204 per year Restaurant, Class B (Occupancy Load 100 or Less), Operating More than 16 Hours Per Day $337 per year Restaurant (Class A or B), Transfer $100 Therapeutic Massage (Title XI, Chapter 114), Enterprise $255 per year (pro-rated in 30-day increments after June 30th) Therapeutic Massage, Each Therapist $102 per year (pro-rated in 30-day increments after June 30th) Therapeutic Massage Investigation, Individual $100 new application $50 per year renewal Therapeutic Massage Investigation, Partnership or Corporation $350 per year Therapeutic Massage, Temporary $100 Transfer Fee, Any Other Commercial Business License except Liquor (If Transferable). $65 2024 Mounds View Fee Schedule Page 11 of 14 VI. PARKS, RECREATION, AND MOUNDS VIEW COMMUNITY CENTER (MVCC) FEES The City Administrator may waive the rental fees for charitable events held for the benefit of Mounds View residents upon receiving a written request outlining the nature of such event. Banquet and Conference Center Rentals R/NP = Resident/Non-Profit NR = Non-Resident S/PS = Schools/Public Sector (2026 Proposed) 2024 2025 Hourly Daily Hourly Daily Event Center 1/6 Seats 50 (Class 1 Excludes Set Up Services in Event Center or Additional Set Up in Multi-Purposes Rooms and Gymnasium) $26 S/PS $43 R/NP $54 NR NA $27 S/PS $44 R/NP $56 NR NA Event Center 1/3, Seats 100 (Class 1 Excludes Set Up Services in Event Center or additional Set Up in Multi-Purpose Rooms and Gymnasium) $42 S/PS $70 R/NP $80 NR NA $43 S/PS $72 R/NP $77 NR NA *Full Event Center, Seats 400 (Class I Excludes Set Up Services in Event Center or Additional Set Up in Multi-Purpose Rooms and Gymnasium) *Fri, Sat, Sun, and Mon-Thurs after 6 pm *Mon-Thurs 7 am-6 pm, R and NR Subtract $400 from daily total S/PS cost remains at daily rate $120 S/P S $190 R/NP $210 NR $800 S/PS $1,900 R/NP $2,100 NR $124 S/PS $196 R/NP $216 NR $825 S/PS $1,960 R/NP $2,165 NR Multi-Purpose Rooms – Aspen**, Birch; Seating up to 20 (For Multi-Purposes Rooms and Gymnasium Rentals, if the MVCC is Not Otherwise Open, the Permit Holder will be Charged an Additional $20 per Hour for Staffing) **$100 Damage Deposit Required. $16 S/PS $27 R/NP $37 NR NA $17 S/PS $28 R/NP $38 NR NA Multi-Purpose Room – Pine**, Seating up to 40, 2- HOUR MINIMUM RENTAL. (For Multi-Purpose Rooms and Gymnasium Rentals, if the MVCC is not Otherwise Open, the Permit Holder will be Charged an Additional $20 per hours for Staffing) **$100 Damage Deposit Required. $26 S/PS $43 R/NP $54 NR NA $27 S/PS $44 R/NP $56 NR NA Multi-Purpose Room – Studio (For Multi-Purpose Rooms and Gymnasium Rentals, if the MVCC is Not Otherwise Open, the permit Holder will be Charged an Additional $20 per Hour for Staffing) $41 S/PS $69 R/NP $79 NR $800 $42 S/PS $71 R/NP $81 NR $824 Miscellaneous MVCC Charges - *Items subject to class rate pricing Screen $50* Lobby $25 per hour or $150 per day Bar $20 Fabric Backdrop $150 Backdrop Lighting $100 Coffee Pot and Carafes $25 Table Linens $3 each Napkins $0.15 each Prep Kitchen $150 per day Kitchen $200 per day Sound Package – Microphone and up to 4 Speakers $75* Visual Package – Screen and Projector $75* A/V Package – Sound Package and Visual Package $125* 2024 Mounds View Fee Schedule Page 12 of 14 MVCC Daily Admission MVCC Monthly Membership Youth $3 R $5 NR $12 R $22 NR Adult $5 R $7 NR $25 R $35 NR Family NA $40 R $50 NR Gymnasium Rental Full Gym, Hourly $135 NR $90 R/NP $68 S/PS Full Gym, All Day (8 am to 8 pm) $1,500 NR $975 R/NP $750 S/PS Half Gym, Hourly $70 NR $46 R/NP $35 S/PS Gym Rental Staffing, Hourly $20 Athletic Field Rentals Reservations Begin Level 1 – City of Mounds View and Community Center February 1-7 Level 2 – School District #621/Mounds View Recognized Youth Athletic Association February 8-14 Level 3 – Recognized Youth Athletic Associations February 15-21 Level 4 – Other Mounds View Resident Community Groups February 21 Level 5 – All Other Individuals or Groups February 21 Fees are based upon an individual event/game/practice. Field reservations may be limited depending upon the number of teams and fields available. Mounds View Staff will set a seasonal field use policy that may affect field availability. Baseball and Softball Fields (Youth Only) Hillview, Groveland, Oakwood, Greenfield, Lambert and City Hall Parks $16 for 2 hours Softball Fields (Youth) City Hall and Silver View Parks $16 for 2 hours Softball Fields (Adult) City Hall and Silver View Parks $20 for 2 hours Soccer Fields (Youth Only), Groveland and Oakwood Parks $10 for 2 hours Soccer Fields (Youth Only) Silver View $50 for 2 hours Lighting Fee for Softball Field, Level 1, 2 or 3 $20 per 2-hour time block Lighting Fee for Softball Field, Level 4 $30 per 2-hour time block Lighting Fee for Softball Field, Level 5 $40 per 2-hour time block Soccer Tournaments (Excludes Silver View) $100 per field per day (If Field Maintenance is Required During Tournament, an Additional $30 per Hour with a 2- Hour Minimum will be Charged) Soccer Tournament – Silver View Park Only $50 for 2 hours Park Shelter/Building Rental: Hillview and Lakeside Per Day = 10 am to 10 pm $55 R/NP and $110 NR per day $25 Refundable Key Deposit $200 Refundable Damage Deposit $200 Service Fee (Groups of 50 or More or in excess of 10 trash bags) Should the event go past the agreed rental period, a 2-hour public works call-out fee will be incurred. Park Shelter/Building Rental, Groveland, Lambert, Random and Silver View * $100 R/NP and $200 NR per day $25 Refundable Key Deposit $200 Refundable Damage Deposit 2024 Mounds View Fee Schedule Page 13 of 14 Per Day = 10 am to 10 pm $200 Service Fee (Groups of 50 or More or in excess of 10 trash bags) Should the event go past the agreed rental period, a 2-hour public works call-out fee will be incurred. *Large Group Rental (200+) at Silver View Shelter includes the Volleyball and Basketball Courts, Horseshoe Pits and 100’ around Building. Non- profit organizations and Night to Unite groups may be eligible for a reduced fees (see policy below). $500 for 12 hours** City Hall Park Pavilion Rentals $40 for 4 hours (No back-to-back rentals) **NON-PROFIT POLICY: 1. Non-Profit entities duly registered in the State of Minnesota with active status as denoted on the Minnesota Secretary of State registry that has real property or a physical presence and provide a measurable benefit to the City of Mounds View can submit a written request to the City Administrator that $500 fee be waived. 2. Only one waived fee per year per Non-Profit is allowed. 3. Non-Profit’s making and receiving the waiver are still required to submit a $200 security deposit to cover damages and cleaning. 4. Non-Profits making and receiving the waiver must clean the facility and remove all trash or will forfeit their $200 deposit. 5. Residents/Neighborhood Groups requesting use of a Park Facility for Night to Unite are required to pay the $25 security deposit for the key and sign a use agreement that details cleanup and usage requirements. VII. PUBLIC WORKS RELATED FEES Call-Out Rate Schedule Based on Current Wages Normal Business Hours for Call-Out Rates 7:00 am to 3:30 pm, Monday thru Friday After Hours Call-Out Rate, Specified Time Conducted Outside Normal Business Hours $100/hr. (Minimum 2 hours) Holiday Call-Out Rate, Specified Time Conducted on Holidays $150/hr. (Minimum 2 hours ) Right-Of-Way Management Fees (Title V, Chapter 54) Additional Fees May be Required for Legal and Engineering Costs Incurred by the City) All issued right-of-way permits will include a $125 200 administrative fee. Excavation, Hole Fees, Boulevard Areas $100 per hole Excavation, Hole Fees, Pavement Areas $200 per hole Excavation, Underground Utility Work, Open Trenching – Boulevard Areas Open $50 per 100 lineal feet or fraction thereof (requires hole fee) Excavation, Underground Utility Work, Open Trenching – Pavement Areas $70 per 100 lineal feet or fraction thereof (requires hole fee) Excavation, Trenchless Installation $35 per 100 lineal feet or fraction thereof (requires hole fee) Excavation, Overhead Installation $25 per 100 lineal feet or fraction thereof Obstruction, New Pavement $100 per obstruction Obstruction, Replace Existing Obstruction (in- kind) $50 per obstruction Temporary Obstruction, Dumpster, Portable Restroom, etc. $25 per obstruction Temporary Obstruction, Equipment Used for Excavation No Charge Miscellaneous ROW Management Fees and Costs (Discount for Work Done Pertaining to City Project; Additional Fees May be Required for Legal and Engineering Costs Incurred by the City) Street Opening Permit (Requires Deposit) $200 Street Opening Deposit To be determined by the Director of Public Works Registration Fee (ROW Users and Registrants) $30 Permit Extension $30 Delay Penalty 10% of ROW Permit Degradation Fee Calculated at time of permit Restoration Cost Calculated at time of permit 2024 Mounds View Fee Schedule Page 14 of 14 Overhead Utility Line Repair No Charge Penalty for Work Done without a Permit Double Fee 50% Municipal Water System Fees (Title V, Chapter 52) Water Availability Charge (WAC), Residential $500 per unit WAC Charge, Commercial/Industrial $1,000 per acre of developable land ($1,000 minimum charge) Residential Water Usage Base Charge $23.00 38 per quarter Residential Water – 0 to 12,000 gallons $2.85 per 1,000 gallons per quarter Residential Water – 12,000 to 24,000 gallons $3.14 per 1,000 gallons per quarter Residential Water – Over 24,000 gallons $3.61 per 1,000 gallons per quarter Commercial Water Usage Base Charge $23.00 38 per quarter Commercial Water – 0 to 125,000 gallons $2.85 per 1,000 gallons per quarter Commercial Water – 125,000 to 700,000 gallons $3.14 per 1,000 gallons per quarter Commercial Water – 700,001 to 1,100,000 gallons $3.49 3.61 per 1,000 gallons per quarter Commercial Water – Over 1,100,000 gallons $4.01 4.51 per 1,000 gallons per quarter Water Quality Testing Charge (State) $ 2.43 per connection per quarter Water Service Line Repair Insurance Charge $9.00 13 per connection per quarter Failure to participate or grant access regarding Public Works Ordinance Programs. (Installation/Repair/Inspect/Replace) $150 175 per connection per quarter Utility Bill Late Payment 10% of delinquent bill amount Utility Bill Assessment Search $10 Water Service Connection/Repair/Disconnect Size Less than 4 Inches $100 plus surcharge Water Service Connection/Repair/Disconnect Size Over 4 Inches $150 plus surcharge Water Service Inspection or Reinspection After Hours After hours call-out rate per visit (Minimum 2 hours) Manual Water Meter Read After hours call-out rate per visit Hydrant Meter Deposit $2,500 Hydrant Meter Rental (One Week Minimum) $50 per week $150 per month Water Shut-Off/Turn-On No charge during normal business hours, otherwise one hour at call-out rate per visit Water Shut-Off/Turn-On (Snowbirds) $25 50. per shut –off $25 50 per turn-on Water Meter Testing Call-out rate per visit (Minimum 2 hours) Water Testing One hour at call-out rate Water Meter City cost plus 10% administrative fee Water Meter Radio Remote Reading Device City cost plus 10% administrative fee Curb Stop – Valve Cover City cost plus 10% administrative fee Municipal Sanitary Sewer System Fees (Title V, Chapter 52) I/I Application Fee – H20PP Program $150 per lateral line Sewer Service Availability Charge (SAC) $2,485 per Metropolitan Council Environmental Services Sewer Usage Rate Per Quarter Sewer Usage Rate $3.64 3.79 per 1,000 gallons water sold per quarter Sewer Service Charge, Residential $45.69 47.52 per residential equivalent unit (REU) connection per quarter Sewer Service Charge, Commercial/Industrial/ Public Buildings and Churches $112.22 116.71 per REU connection per quarter Sewer Connection/Repair/Disconnect $100 plus surcharge 2024 Mounds View Fee Schedule Page 15 of 14 Sewer Unit Charge (New Connection Only) $150 per connection Sewer Inspection or re-inspection after hours. Call-out rate per visit (Minimum 2 hours) Surface Water Management (SWM) Utility Fees (Title V, Chapter 53) SWM New Construction, R-1 $212 per lot SWM New Construction, R-2 $1,038 per acre SWM New Construction, R-3, R-4, R-O $1,500 per acre SWM New Construction, B-1, B-2, B-3, B-4 $1,500 per acre SWM New Construction, I-1, PUD $2,096 per acre SWM Utility Rate Charge, R-1 Single Family and R-2 Single and Two Family Residential $17.00 18.50 per unit per quarter SWM Utility Rate Charge, R-3 Medium Density Residential $92.83 101.02 per acre per quarter SWM Utility Rate Charge ,R-4 High Density Residential, R-5 Mobile Homes and R-O Residential Office $110.08 119.79 per acre per quarter SWM Utility Rate Charge ,B-1 Neighborhood Business, B-2 Limited Business, B-3 Highway Business and B-4 Regional Business $144.19 156.91 per acre per quarter SWM Utility Rate Charge, I-1 Industrial $116.83 127.14 per acre per quarter SWM Utility Rate Charge, PUD Planned Unit Development $127.67 138.94 per acre per quarter SWM Utility Rate Charge, CRP Conservancy, Recreation and Preservation $17.00 18.50 per acre per quarter SWM Utility Rate Charge, School or Church, Public or Private $51.81 56.38 per acre per quarter Illicit Discharge Fee To be determined by the Public Works Director on a case- by-case scenario. Storm Water Management (The permit fee schedule adopted 12/08/2021 by the Rice Creek Watershed District Board. The fee for a permit is the cumulative total of all individual aspects of a project. Government entities are exempt from the permit fees). Rule C (Storm water Management): Residential, Commercial, Industrial, Institutional development that proposes less than 5 acres of new and/or reconstructed impervious surface $3,000 non-refundable fee due at time of application. Once application review costs (District Engineer and Legal Counsel) exceed $9,000*, any additional cost must be reimbursed by the applicant before the permit can be issued. Residential, Commercial, Industrial, Institutional development that proposes 5 or more acres of new and/or reconstructed impervious surface $5,400 non-refundable fee due at time of application. Once application review costs (District Engineer and Legal Counsel) exceed $9,000*, any additional cost must be reimbursed by the applicant before the permit can be issued. Notes: An application subject to a Rule C fee is exempt from the Non-Rule C fee of $300. The following is exempt from the Rule C fee and subject to only the Non-Rule C fee of $300: Single-family residential subdivision that creates seven or fewer lots and establishes no new public roadway or a private roadway/driveway serving three or more lots Non-Rule C Fee: A $300 non-refundable fee is due at the time of application for a project subject to one or more of the following Rules: Rule D (Erosion and Sediment Control Plans) Rule E (Floodplain Alteration) Rule F (Wetland Alteration) Rule G (Regional Conveyance Systems) Rule I (Public Drainage Systems) Rule J (Appropriation of Public Waters) 2024 Mounds View Fee Schedule Page 16 of 14 Rule L (Variances): Variable. See District Permit Variance Guidance Policy * Review cost is calculated according to the consultant hourly rate, which the District will publish annually. The review cost incurred between the non-refundable fee amount and $9,000 will be absorbed by the District and will not be the responsibility of the applicant. District staff will notify the applicant of the incurred cost to date once the total review cost exceeds $7,500, and at subsequent $3,000 intervals. A delay in notice, however, will not affect the applicant's reimbursement responsibility Storm Water Connection/Repair/Disconnect $100 plus surcharge Storm Water Inspection or re-inspection after hours. Percolation tests during work hours only. Call-out rate per visit (Minimum 2 hours) Street Lighting Utility Fees (Title XV, Chapter 152.018) Residential (single family homes, duplexes, fourplexes, condominium and townhomes) $5.00 5.25 per unit per quarter Commercial/Industrial $23.41 24.58 per acre per quarter Institutional/Charitable $23.41 24.58 per acre per quarter Apartments $23.41 24.58 per acre per quarter Construction Site and Land Disturbance Fees (Title XV, Chapter 156.006) Additional Fees May be Required for Legal and Engineering Costs Incurred by the City. 50 Cubic Yards or Less $25 51 to 100 Cubic Yards $50 101 to 1,000 Cubic Yards $50 base fee plus $20 for each 100 cubic yards or fraction thereof 50 to 1,000 Cubic Yards $150 1,001 to 10,000 Cubic Yards $250 base fee plus $35 for each 1,000 cubic yards or fraction thereof 10,001 to 100,000 Cubic Yards $500 base fee plus $100 for each 10,000 cubic yards or fraction thereof 100,001 Cubic Yards or More $1,500 base fee plus $250 for each 100,000 cubic yards or fraction thereof Other Miscellaneous Public Works Fees Load Limit Waiver (Must be authorized by the Public Works Director) $125 175 per trip Call-Out Charge for Contractor Negligence (Lack of Maintenance, Traffic Signs, Etc.) Call-out rate per visit (Minimum 2 hours) plus cost(s)* of any materials required to remedy the issue. *TBD by the Director of Public Works/Parks and Recreation Water Tower Telecommunications Maintenance or Repair Access Fee No charge if during normal business hours, otherwise 2 hour minimum charge for each after hours call-out Water Tower Telecommunications Plan Review and Inspections Actual legal and consulting engineering costs plus $125 200 for administration costs and $1,000 2,500 escrow. RPZ Annual Inspection Violation See Property Based Violations, Section IV, Police/Administrative Offenses Appeal of Public Improvement Bond $250 (MN State Statutes 429.036) Item No. 2 Meeting Date: October 7, 2024 Type of Business: Council Work Session City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Gayle Bauman, Finance Director Item Title/Subject: Review Utility Rates for 2025 COUNCIL CONSIDERATION Staff is requesting City Council to review and provide feedback on the proposed utility rates for 2025. UTILITY RATES Sewer Fund Staff is proposing a 4% increase in rates. The impact on a household that uses an average of 16,000 gallons of water per quarter would be $4.23 per quarter or $16.92 per year. Because the plan is to complete $1,000,000 of sewer lining in 2025, the fund will realize a cash loss in 2025, but the 4% rate increase will assist in maintaining a sufficient cash balance for the long term. Street Lighting Fund Staff is proposing a 5% increase in rates. The impact on a household would be $0.25 per quarter or $1.00 per year. This fund had no rate increases from 2019 to 2023. Surface Water Management Fund Staff is proposing a 17.6% increase. The impact on a household would be $3.00 per quarter or $12.00 per year. This fund will require increases for the foreseeable future. The mandates related to storm water ponds is putting a strain on the fund. Council and Staff will need to prioritize projects and seek grant funding in order to proceed with work. Original proposal was $1.50 per quarter. Amount increased due to cost estimates related to Ardan and Silver View Park Storm Water Projects. Water Fund As council is aware, this fund is facing some challenges. There is a cash deficit projected in the Water Fund in excess of $750,000 at the end of 2024. Even with the rate increase being proposed for 2025, the budget shows the fund will still lose money. The goal is to try to spread rate increases out over a period of years to bring this fund back into the black. The City assesses two types of water rates – a fixed, flat fee and a rate applied to gallons used. The flat fee is meant to cover fixed costs in the fund. Fixed costs are those that do not change based on water use. These would include wages, debt service, insurance, memberships, training, and some supplies and professional services. These costs remain the same no matter how many gallons of water are used per year. Our fixed costs are currently in excess of $900,000 per year, partly due to the debt service payments due through 2036. Examples of fixed costs are: Personnel $591,740 Supplies $ 40,000 Insurance $ 12,300 Training/Dues $ 5,830 Debt Service $431,497 The debt will be fully paid off in 2036, but fixed costs will still exceed $600,000 per year. The flat fee revenue included in the 2024 budget totals $302,220. The flat fee proposed for the 2025 budget totals $499,320. The City also has a rate for Service Line Repair Insurance. The cost for service line repairs has more than doubled over the past few years from $90,000 in 2021 to $194,000 in 2023. It is not anticipated that these costs will go down any time soon. The proposed rate will increase the annual revenue from $110,880 to $160,160. Staff is proposing an increase in the flat fee for 2025, from $23.00 per quarter to $38.00 per quarter ($13,140 revenue per year for every $1 increase). Staff is also proposing an increase in the Service Line Repair Insurance fee from $9.00 per quarter to $13.00 per quarter ($12,320 revenue per year for every $1 increase). No increase to the usage rates is being proposed except to bring the two higher tiers of the commercial rates more in line with where they should be. These only affect commercial usage over 700,000 gallons per quarter. The impact of the two flat fee increases on a household would be $19.00 per quarter or $76.00 per year. A summary of all of the proposed utility rate increases is as follows: ATTACHMENTS A. Sewer Fund projections B. Street Lighting Fund projections C. Surface Water Management Fund projections D. Water Fund projections Average qtrly usage 16,000 gallons 2024 2025 % change Water Base 23.00 38.00 23% Service Line 9.00 13.00 Consumption 46.76 46.76 MN Test Fee 2.43 2.43 Sewer Base 45.69 47.52 4% Consumption 58.24 60.64 Street Light 5.00 5.25 5% Surface Water 17.00 20.00 18% TOTAL 207.12 233.60 13% 26.48$ Quarterly increase 105.92$ Annual increase Rate change4.0%4.0%4.0%7.0%4.0%5.2%4.0%3.8%0.0%1.9%Quarterly residential base fee37.96 39.48 41.06 42.70 45.69 47.52 50.00 52.00 54.00 54.00 55.00 Quarterly comm'l base fee93.24 96.97 100.85 104.88 112.22 116.71 122.80 127.71 132.62 132.62 135.08 Consumption per 1,000 gallons3.02 3.14 3.27 3.40 3.64 3.79 3.99 4.15 4.31 4.31 4.39 # residential flat per qtr (based on # of units)5,534 5,588 5,565 5,560 5,560 5,560 5,560 5,560 5,560 5,560 # comm'l flat per qtr (based on water)114 116 115 115 115 115 115 115 115 115 Residential consumption (annual)232,203 231,816 210,822 215,000 215,000 215,000 215,000 215,000 215,000 215,000 Comm'l consumption (annual)73,702 68,192 79,404 70,000 70,000 70,000 70,000 70,000 70,000 70,000 Annual calc'd revenue (730-3720)1,825,212 1,848,632 1,940,359 1,966,065 2,105,166.80 2,190,681.40 2,305,638.00 2,397,976.60 2,490,315.20 2,490,315.20 2,536,486.80 Actual % increase1.3%5.0%1.3%7.1%2020 2021 2022 2023 20242025 2026 2027 2028 2029 2030Sewer Fund (730)Beginning Balance2,296,408 2,524,106 2,240,466 2,043,666 2,307,983 2,171,452 1,318,683 1,271,885 1,256,655 1,271,185 1,221,256 Revenues and Other Fund SourcesOperating Revenue1,906,824 1,905,944 1,897,437 2,114,396 2,135,806 2,203,680 2,318,640 2,410,980 2,503,320 2,503,320 2,549,490 Grants- - - 70,705 - - - - - - - Transfers In- - - - - - 450,000 - - 57,000 - Total Revenues and Other Fund Sources1,906,824 1,905,944 1,897,437 2,185,101 2,135,806 2,203,680 2,768,640 2,410,980 2,503,320 2,560,320 2,549,490 Expenditures and UsesOperating Expenses(1,520,666) (1,513,253) (1,821,971) (1,681,275) (1,963,322) (1,924,975) (1,982,720) (2,042,210) (2,103,470) (2,166,570) (2,231,570) Capital Projects(109,958) (480,150) (27,822) (633,590) (155,757) (1,030,000) (730,000) (280,000) (280,000) (337,000) (280,000) Transfers out(137,859) (140,345) (142,905) (142,542) (153,258) (101,474) (102,718) (104,000) (105,320) (106,679) (108,080) Total Expenditures and Uses(1,768,482) (2,133,748) (1,992,698) (2,457,407) (2,272,337) (3,056,449) (2,815,438) (2,426,210) (2,488,790) (2,610,249) (2,619,650) Change in Fund Balance138,342 (227,804) (95,261) (272,306) (136,531) (852,769) (46,798) (15,230) 14,530 (49,929) (70,160) Change in Assets/Liabilities89,356 (55,836) (101,539) 536,624 - - - - - - - Ending Balance2,524,106 2,240,466 2,043,666 2,307,983 2,171,452 1,318,683 1,271,885 1,256,655 1,271,185 1,221,256 1,151,096 Working Capital GoalsExpenses (3 months)520,646 536,263 552,350 568,920 585,988 Capital Outlay Net of Grants (% of next 5 years)1,103,583 674,833 688,458 673,833 568,083 Minimum Cash Balance1,624,230 1,211,096 1,240,808 1,242,753 1,154,071 CITY OF MOUNDS VIEWSEWER FUND (730)STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETSATTACHMENT A Rate change0.0%0.0%0.0% 11.1%5.0%4.8%9.1%0.0%8.3%0.0%Quarterly residential service fee4.50 4.50 4.50 4.50 5.00 5.25 5.50 6.00 6.00 6.50 6.50 Quarterly comm'l fee per acre21.09 21.09 21.09 21.09 23.41 24.58 25.75 28.09 28.09 30.43 30.43 Annual calc'd revenue (740-3740)103,917 104,207 104,182 105,894 117,660 123,543 129,426 141,192 141,192 152,958 152,958 Actual % increase0.3%0.0%1.6% 11.1%2020 2021 2022 2023 20242025 2026 2027 2028 2029 2030Street Lighting Fund (740)Beginning Balance141,973 77,849 84,456 65,765 68,321 54,336 45,066 37,678 37,908 33,885 37,246 Revenues and Other Fund SourcesOperating Revenue106,679 104,225 100,778 111,375 118,214 124,340 130,230 141,990 141,990 153,760 153,760 Total Revenues and Other Fund Sources106,679 104,225 100,778 111,375 118,214 124,340 130,230 141,990 141,990 153,760 153,760 Expenditures and UsesOperating Expenses(107,903) (95,710) (115,961) (113,897) (128,890) (130,990) (134,920) (138,980) (143,150) (147,450) (151,880) Transfers out(2,940) (3,028) (3,119) (3,213) (3,309) (2,620) (2,698) (2,780) (2,863) (2,949) (3,038) Total Expenditures and Uses(110,843) (98,738) (119,080) (117,110) (132,199) (133,610) (137,618) (141,760) (146,013) (150,399) (154,918) Change in Fund Balance(4,164) 5,488 (18,302) (5,735) (13,985) (9,270) (7,388) 230 (4,023) 3,361 (1,158) Change in Assets/Liabilities(59,960) 1,119 (388) 8,291 - - - - - - - Ending Balance77,849 84,456 65,765 68,321 54,336 45,066 37,678 37,908 33,885 37,246 36,088 Working Capital GoalsExpenses (3 months)32,748 33,730 34,745 35,788 36,863 Capital Outlay (% of next 5 years)- - - - - Minimum Cash Balance32,748 33,730 34,745 35,788 36,863 CITY OF MOUNDS VIEWSTREET LIGHTING FUND (740)STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETSATTACHMENT B Rate change7.7%7.1%6.7%6.3%17.6% 25.0% 12.0% 10.7%9.7%8.8%Quarterly residential service fee13.00 14.00 15.00 16.00 17.00 20.00 25.00 28.00 31.00 34.00 37.00 Annual calc'd revenue (745-3730)340,809 368,302 394,308 428,853 455,656 536,066 670,083 750,493 830,903 911,312 991,722 Actual % increase8.1%7.1%8.8%6.3%2020 2021 2022 2023 20242025 2026 2027 2028 2029 2030Surface Water Fund (745)Beginning Balance2,006,378 2,017,552 2,048,200 1,991,887 2,082,104 1,517,096 29,860 (492,009) (591,767) (776,261) (471,149) Revenues and Other Fund SourcesOperating Revenue378,456 360,193 300,967 529,645 464,969 539,070 673,080 753,490 833,900 914,310 994,720 Grants- - - - - 230,300 80,000 - 90,000 - 60,000 Transfers In- - - 37,500 - 469,000 - - - - 47,500 Total Revenues and Other Fund Sources378,456 360,193 300,967 567,145 464,969 1,238,370 753,080 753,490 923,900 914,310 1,102,220 Expenditures and UsesOperating Expenses(338,952) (254,353) (311,604) (338,010) (366,760) (460,640) (474,470) (488,700) (503,360) (518,460) (534,000) Capital Projects26,054 (14,456) - (141,671) (523,844) (2,206,540) (741,500) (305,000) (544,900) (30,000) (441,400) Transfers out(41,558) (41,815) (44,079) (42,351) (59,632) (58,426) (58,979) (59,548) (60,134) (60,738) (61,360) Total Expenditures and Uses(354,456) (310,624) (355,683) (522,032) (950,236) (2,725,606) (1,274,949) (853,248) (1,108,394) (609,198) (1,036,760) Change in Fund Balance24,000 49,569 (54,715) 45,113 (485,267) (1,487,236) (521,869) (99,758) (184,494) 305,112 65,460 Change in Assets/Liabilities(12,826) (18,921) (1,597) 45,103 (79,741) - - - - - - Ending Balance2,017,552 2,048,200 1,991,887 2,082,104 1,517,096 29,860 (492,009) (591,767) (776,261) (471,149) (405,689) Working Capital GoalsExpenses (3 months)120,635 124,255 127,983 131,820 135,773 Capital Outlay Net of Grants (% of next 5 years)717,457 529,463 412,100 319,246 525,950 Minimum Cash Balance838,092 653,718 540,083 451,066 661,723 CITY OF MOUNDS VIEWSURFACE WATER FUND (745)STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETSATTACHMENT C Rate change5.6%5.3%5.0%9.5%65.2% 15.0% 15.0% 10.0%0.0%0.0%Quarterly base fee18.00 19.00 20.00 21.00 23.00 38.00 43.70 50.26 55.28 55.28 55.28 Res cons 1-122.40 2.50 2.60 2.70 2.85 2.85 3.28 3.77 4.15 4.15 4.15 Res cons 12-242.64 2.75 2.86 2.97 3.14 3.14 3.61 4.15 4.57 4.57 4.57 Res cons >243.34 3.48 3.29 3.42 3.61 3.61 4.15 4.77 5.25 5.25 5.25 Comml cons 1-1252.40 2.50 2.60 2.70 2.85 2.85 3.28 3.77 4.15 4.15 4.15 Comml cons 125-7002.64 2.75 2.86 2.97 3.14 3.14 3.61 4.15 4.57 4.57 4.57 Comml cons 700-11002.90 3.02 3.15 3.27 3.49 3.61 4.15 4.77 5.25 5.25 5.25 Comml cons >11003.34 3.48 3.62 3.76 4.01 4.51 5.19 5.97 6.57 6.57 6.57 Service Line Repair Insurance8.00 8.00 8.00 8.00 9.00 13.00 16.00 16.00 16.00 16.00 16.00 # residential flat per qtr3,187 3,188 3,169 3,170 3,170 3,170 3,170 3,170 3,170 3,170 # comm'l flat per qtr114 116 115 115 115 115 115 115 115 115 Residential consumption (annual)307,931 282,576 291,234 290,000 290,000 290,000 290,000 290,000 290,000 290,000 Comm'l consumption (annual)73,702 68,192 79,404 70,000 70,000 70,000 70,000 70,000 70,000 70,000 # residential insurance per qtr3,093 3,088 3,079 3,080 3,080 3,080 3,080 3,080 3,080 3,080 Annual calc'd revenue (700-3710) water1,168,083 1,261,990 1,208,947 1,330,653 1,371,818.60 1,568,918.60 1,804,630.20 2,074,679.90 2,283,528.57 2,283,528.57 2,283,528.57 Actual % increase 8.0% -4.2% 10.1% 3.1%Annual calc'd revenue (700-3714) insurance93,774 95,441 95,282 97,834 110,880.00 160,160.00 197,120.00 197,120.00 197,120.00 197,120.00 197,120.00 Actual % increase1.8% -0.2%2.7% 13.3%2020 2021 2022 2023 20242025 2026 2027 202820292030Water Fund (700)Beginning Balance676,292 4,277,843 2,875,805 1,215,781 374,239 (841,586) (1,063,181) (1,084,400) (825,400) (403,733) 25,737 Revenues and Other Fund SourcesOperating Revenue1,372,503 1,463,937 1,372,307 1,561,096 1,540,244 1,743,080 2,015,750 2,285,800 2,494,650 2,494,650 2,494,650 Transfers In- 125,000 - 82,500 7,500 - 202,000 85,000 - - 92,500 Total Revenues and Other Fund Sources1,372,503 1,588,937 1,372,307 1,643,596 1,547,744 1,743,080 2,217,750 2,370,800 2,494,650 2,494,650 2,587,150 Expenditures and UsesOperating Expenses(932,343) (899,055) (1,080,421) (1,223,756) (1,126,849) (1,366,948) (1,376,910) (1,409,340) (1,443,050) (1,477,700) (1,513,450) Debt Service5,830,000 - (335,000) (350,000) (355,000) (360,000) (370,000) (375,000) (385,000) (390,000) (400,000) Capital Projects(2,959,543) (2,165,314) (1,231,434) (684,403) (1,045,604) (70,000) (322,000) (155,000) (70,000) (20,000) (112,500) Transfers out(149,859) (155,345) (157,905) (170,542) (183,258) (167,727) (170,059) (172,460) (174,933) (177,480) (180,105) Total Expenditures and Uses1,788,255 (3,219,714) (2,804,759) (2,428,701) (2,710,711) (1,964,675) (2,238,969) (2,111,800) (2,072,983) (2,065,180) (2,206,055) Change in Fund Balance3,160,758 (1,630,778) (1,432,453) (785,104) (1,162,967) (221,595) (21,219) 259,000 421,667 429,470 381,095 Change in Assets/Liabilities440,793 228,740 (227,571) (56,438) (52,858) - - - - - - Ending Balance4,277,843 2,875,805 1,215,781 374,239 (841,586) (1,063,181) (1,084,400) (825,400) (403,733) 25,737 406,832 Working Capital GoalsExpenses (3 months)390,402 394,350 403,963 413,943 424,203 Capital Outlay Net of Grants (% of next 5 years)450,333 241,792 311,750 375,633 537,833 Minimum Cash Balance840,735 636,142 715,713 789,576 962,036 CITY OF MOUNDS VIEWWATER FUND (700)STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETSATTACHMENT D The Mounds View Vision A Thriving Desirable Community Item No: 06 Meeting Date: Oct 7, 2024 Type of Business: Workshop City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Municipal Cannabis Introduction: Mn. Legislature legalized cannabis production and retails sales. This is the first council review/discussion of substance on this issue. The Office of Cannabis management is still undertaking rule making and seeking a permanent director. Discussion: Goal for this meeting is to share information and begin process of understanding rules and regulations. Included in packet is study done for City of Vadnais Heights on potential revenue from Cannabis sales. Will explain/discuss at workshop. Also include is draft ordinance and next steps documents from K & G as well as material from the Office of Budget Management and the Public Health Law Center and Mitchel Hamline. Strategic Plan Strategy/Goal: A progressive city that is welcoming and desirable destination to all ages and cultures, who seek progress through partnership, and a place where residents can live, work and play safely and show pride in the community. Financial Impact: See Vadnais Heights document - includes retail space, insurance, employees, inventory, licensing, legal, etc. ideally offset and exceeded by revenue. Recommendation: Continue exploring, asking questions. Adopting an ordinance can be done and should be done, sooner than later – regardless of the final decision on operating a municipal store. Respectfully submitted, ________________________ Nyle Zikmund City Administrator Project Details Company Name City of Vadnais Heights Days in a Week 7.0 Street Address 800 Co Rd E East Days in a Month 30.4 City/County Vadnais Heights, MN 55127 Days in a Year 365.0 License Type Retail (and Delivery)Weeks in a Month 4.3 Weeks in a Year 52.0 Months in a Year 12.0 Minnesota Office of Cannabis Management** Minnesota Department of Health - Medical Cannabis Grams in an Ounce 28.3495 Grams in a Pound 453.592 Minnesota Department of Revenue - Cannabis Tax Ounces in a Pound 16 Minnesota NORML - Laws and Penalties Extract Oil Viscosity (1g/1ml)1:1 Vangst Salary Guide*** Minnesota Marijuana Policy Project Full-Time Weekly Hours 40 Part-Time Weekly Hours 25 Full-Time Annual Hours 2,080 Overview Input Output Legislation (12th Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/03/2024 10:30am)*Market Analysis Revenue Inputs Expense Inputs Personnel Inputs Annual Financial Statements Monthly Pro Forma Standard Employee Metrics *,**,*** denotes source material utilized throughout this model. Monthly Cash Flow Monthly Balance Sheet Tab Color Key DISCLAIMER/ASSUMPTIONS Standard Time Conversion Ratios Model Developed Using Known Information/Market Assumptions current as of 04/10/2024 RESOURCES/REFERENCES Quick Links PRIMARY COMPANY DETAILS TABLE OF CONTENTS Order of Tabs Standard Weight Conversion Ratios Model Overview CONVERSION CHART 5,714,300 People Minnesota 21+ Population (2023)4,228,706 Adults Microbusiness Current Dispensing Location Details 73.7%of Population 2,114,353 Adults Up to 5,000 square feet of plant canopy for indoor Dispensing Locations 15 5,467 3,540 9,594 4,211,439 Adults Total Addressable Market 6,343,059 Adults Up to one-half (1/2) acre of mature, flowering plants for outdoor Registered Patients 46,024 $98,379.00 USD $83,736.00 USD $73,482.00 USD 39.0 Years Old 14.0%May operate up to one retail location Certifying Practitioners 2,539 38.5 38.5 38.5 $84,313 Income Serviceable Addressable Market 888,028 Adults May permit on-site consumption of edible cannabis products 8.1/km2 8.1/km2 8.1/km2 2.9%Unemployed 50%of market, Currently 27%Current Medical Cannabis Manufacturers 671.5/km per kilometer 434.80 per kilometer 1,178.40 per kilometer 0.41%Growth Serviceable Obtainable Market 444,014 Adults Mezzobusiness Green Goods Total Visitors to Minnesota (2022)76,600,000 Visitors Up to 15,000 square feet of plant canopy for indoor RISE (Formerly LeafLine Labs)24,520 60,041 63,959 Estimated 2025 Market Value - Vicente LLP $418,000,000 Market Value Up to one acre of mature, flowering plants for outdoor $111,077.00 USD $98,602.00 USD $83,613.00 USD Estimated 2025 Market Value - AU + Medical $551,000,000 Market Value May operate up to three retail locations Qualifying Conditions 38.5 38.5 38.5 12,713 People Alzheimer's disease 73.3/km2 73.3/km2 73.3/km2 75.20%of Population Cultivator (Craft and Bulk)Amyotrophic lateral sclerosis (ALS)334.6/km per kilometer 819.40 per kilometer 872.80 per kilometer 9,560 Adults Both indoor and outdoor cultivation allowed.Autism spectrum disorder (must meet DSM-5) 53,102 People Craft limited to 10,000 sqft of canopy Cancer* 177,761 People Bulk limited to 30,000 sqft of canopy Chronic motor or vocal tic disorder 61,655 189,054 152,471 40.8 Years Old Bulk cultivator unavailable before July 1, 2026, unless needed to meet demand Chronic pain $118,246.00 USD $92,733.00 USD $99,224.00 USD $89,632 Income Cannabis must be certified organic by the agriculture commissioner Glaucoma 35.9 35.9 35.9 3.20%Unemployed HIV/AIDS 203.5/km2 203.5/km2 203.5/km2 5.3%Impoverished Manufacturer Inflammatory bowel disease, including Crohn’s disease 302.90 per kilometer 928.80 per kilometer 749.10 per kilometer Extraction method must be approved by the board.Intractable pain Must have a certification from an independent​ industrial hygienist or professional engineer Irritable bowel syndrome May only add chemicals or compounds approved by the board to concentrates Obsessive-compulsive disorder Total 21+All ingredients in cannabis products must be disclosed Obstructive sleep apnea 5,737,729 4,228,706 53,102 Post-traumatic stress disorder (PTSD)5,447 6,878 5,761,253 4,246,044 $94,364.00 USD Retailer Seizures, including those characteristic of epilepsy $73,666.00 USD $112,947.00 USD 5,784,874 4,263,452 38.5 May operate up to five retail locations Severe and persistent muscle spasms, including those characteristic of multiple sclerosis (MS)38.5 38.5 5,808,592 4,280,933 May also hold a delivery license, medical retailer license, and a cannabis event organizer license Sickle cell disease 8.1/km2 8.1/km2 5,832,408 4,298,484 177,761 Terminal illness, with a probable life expectancy of less than one year*669.00 per kilometer 844.80 per kilometer 5,856,321 4,316,108 $94,920.00 USD Wholesaler Tourette syndrome 38.5 May purchase and sell cannabis between businesses 53,752 41,039 Total 21+May also hold a transporter, a delivery service, and a cannabis event organizer license $94,246.00 USD $109,176.00 USD 53,320 40,096 38.5 38.5 53,538 40,261 Transporter Allowable Products 73.3/km2 73.3/km2 53,758 40,426 Transport all product types between all licensees Liquid, including but not limited to oil 733.60 per kilometer 560.10 per kilometer 53,978 40,592 Pill 54,200 40,758 Testing Facility Liquid or oil for use with a vaporized delivery method 54,422 40,925 Tests all cannabis products for quality compliance Water-soluble cannabinoid multiparticulate, including granules, powder, and sprinkles 176,709 118,193 Orally dissolvable product, including lozenges, gum, mints, buccal tablets, and sublingual tablets $95,160.00 USD $112,610.00 USD Total 21+Event Organizer Topical formulation 35.9 35.9 178,490 134,224 May organize a temporary cannabis event lasting no more than four days Any allowable form or delivery method approved by the office 203.5/km2 203.5/km2 179,222 134,775 A cannabis event may designate an area for consumption 868.20 per kilometer 580.70 per kilometer 179,956 135,327 180,694 135,882 Delivery Service 181,435 136,439 May purchase from retailers to deliver to consumers 182,179 136,999 Density Density 1132 Co Rd E East, Vadnais Heights, MN, USA - 3-Mile/4.83km Population Income Average Age Area Density Vadnais Heights Persons in Poverty Population Income Average Age 101 Vadnais Blvd, Vadnais Heights, MN 55127, USA- 3-Mile/4.83km 1650 County Road E East, Vadnais Heights, MN 55110, USA - 3-Mile/4.8 Population Population Area 1132 Co Rd E East, Vadnais Heights, MN, USA - 1-Mile/1.61km 1650 County Road E East, Vadnais Heights, MN 55110, USA - 1-Mile/1.6 Vadnais Heights/Ramsey County Population (5-miles) Vadnais Heights Median Age Vadnais Heights Median Household Income Ramsey County Unemployment Rate (Feb 2024) Minnesota Median Household Income Minnesota Unemployment Rate (Dec 2023)(multiplied by) % Legal Market Adoption Minnesota Population Annual Growth Rate Local Figures Vadnais Heights Population (2022) Vadnais Heights 21+ Population % Vadnais Heights 21+ Population (2022) Vadnais Heights/Ramsey County Population (3-miles) Population Income Income Market Analysis STATEWIDE MARKET VALUE ANALYSIS SUPPORTING ANALYSIS, ADULT-USE*SUPPORTING ANALYSIS, MEDICAL (APRIL 2024)Estimated Using: 1132 Co Rd E East, Vadnais Heights, MN, USA Estimated Using: 101 Vadnais Blvd, Vadnais Heights, MN 55127, U Estimated Using: 1650 County Road E East, Vadnais Heights, MN 5511 BASE MARKET FIGURES Estimated Purchaser Base and Annual Consumption Allowable License Types Medical Cannabis Operators RETAIL ANALYSIS - POTENTIAL SITES RETAIL ANALYSIS - POTENTIAL SITESStatewide Figures Income Minnesota Population (2022) Minnesota 21+ Population %(plus) Additional Tourism (50% of Population Base) Minnesota 21+ Population (2023) Vadnais Heights/Ramsey County Population (3-mile) 202 Vadnais Heights/Ramsey County Population (3-mile) 202 Vadnais Heights/Ramsey County Population (3-mile) 202 Vadnais Heights/Ramsey County Population (3-mile) 202 Vadnais Heights/Ramsey County Population (3-mile) 202 Vadnais Heights/Ramsey County 5-mile Population Grow RETAIL ANALYSIS - POTENTIAL SITES 101 Vadnais Blvd, Vadnais Heights, MN 55127, USA- 1-Mile/1.61km Population Population Minnesota Median Age (multiplied by) % Adult-Use Purchasers Area Area POPULATION GROWTH RETAIL ANALYSIS - POTENTIAL SITES RETAIL ANALYSIS - POTENTIAL SITES RETAIL ANALYSIS - POTENTIAL SITES Density Density Estimated Using: 800 Co Rd E East, St Paul, MN 55127 Estimated Using: 1048 Hwy 96 E, Vadnais Heights, MN 55127, USA Income Average Age Statewide Population Growth Vadnais Heights/Ramsey County - Retail Demographic Breakdown (3-mile, 4.83km) Population Income Average Age Vadnais Heights/Ramsey County - Retail Demographic Breakdown (5-mile, 8.05km) Population Minnesota Population 2023 Minnesota Population 2024 Minnesota Population 2025 Minnesota Population 2026 Minnesota Population 2027 Minnesota Population 2028 Vadnais Heights/Ramsey County 3-mile Population Grow Vadnais Heights/Ramsey County Population (5-mile) 202 Vadnais Heights/Ramsey County Population (5-mile) 202 Vadnais Heights/Ramsey County Population (5-mile) 202 Vadnais Heights/Ramsey County Population (5-mile) 202 Vadnais Heights/Ramsey County Population (5-mile) 202 Vadnais Heights/Ramsey County Population (5-mile) 202 Vadnais Heights/Ramsey County Population (3-mile) 202 Area Density Average Age Area Density 1048 Hwy 96 E, Vadnais Heights, MN 55127, USA - 5-Mile/8.05km Population Income Average Age Income Average Age Area Density Population Income Average Age Area Density 800 Co Rd E East, St Paul, MN 55127 - 5-Mile/8.05km Population Density 800 Co Rd E East, St Paul, MN 55127 - 3-Mile/4.83km *If your illness or its treatment produces one or more of the following: severe or chronic pain; nausea or severe vomiting; or cachexia or severe wasting. Income Average Age Area Density 1048 Hwy 96 E, Vadnais Heights, MN 55127, USA - 3-Mile/4.83km Population Income 800 Co Rd E East, St Paul, MN 55127 - 1-Mile/1.61km 1048 Hwy 96 E, Vadnais Heights, MN 55127, USA - 1-Mile/1.61km PopulationPopulation Income Average Age Area 1132 Co Rd E East, Vadnais Heights, MN, USA - 5-Mile/8.05km Population Population Income Average Age Income Average Age 101 Vadnais Blvd, Vadnais Heights, MN 55127, USA- 5-Mile/8.05km 1650 County Road E East, Vadnais Heights, MN 55110, USA - 5-Mile/8.0 Income Average Age Average Age Area Area Density Density Average Age Average Age Average Age Area Area Density Area Density Income % of Average Sale Average Price Per Unit Monthly Units SoldMonthly SalesAverage Price Per Uni Monthly Units SoldMonthly SalesAverage Price Per Uni Monthly Units SoldMonthly SalesAverage Price Per UnitMonthly Units SoldMonthly SalesAverage Price Per Uni Monthly Units SoldMonthly SalesAverage Price Per Unit 40,261 Adults Flower (3.5g)17.0%$41.85 3,442 $144,031 $42 3,623 $144,031 $40 4,891 $179,859 $37 6,113 $202,341 $33 6,725 $211,447 $31 20,130 Adults Flower (7g)8.0%$110.00 1,147 $126,175 $110 1,207 $126,175 $105 1,630 $157,561 $97 2,038 $177,257 $87 2,241 $185,233 $83 Total Addressable Market 60,391 Adults Pre-Roll 5-pack (3.5g)14.0%$45.00 3,322 $149,490 $45 3,497 $149,490 $43 4,721 $186,675 $40 5,901 $210,010 $36 6,491 $219,460 $34 14.0%Bulk Flower Trim (7g)12.0%$50.00 3,101 $155,031 $50 3,264 $155,031 $48 4,406 $193,595 $44 5,508 $217,794 $40 6,058 $227,595 $38 Total Target Market 8,455 Adults Vaporizer Cartridges (500mg)15.0%$75.00 2,223 $166,688 $75 2,339 $166,688 $71 3,158 $208,152 $66 3,948 $234,171 $59 4,343 $244,708 $56 50.0%Extracts (500mg)14.0%$50.00 2,647 $132,374 $50 2,787 $132,374 $48 3,762 $165,302 $44 4,703 $185,965 $40 5,173 $194,333 $38 Total Realizable Market Potential 4,227 Adults Edibles (100mg)9.0%$30.00 2,307 $69,204 $30 2,428 $69,204 $29 3,278 $86,418 $26 4,098 $97,221 $24 4,507 $101,596 $23 33%Beverages (100mg)3.0%$25.00 2,292 $57,300 $25 2,413 $57,300 $24 3,257 $71,554 $22 4,071 $80,498 $20 4,478 $84,120 $19 Total Monthly Storefront Customers 1,395 Adults Other Cannabis Products (100mg)7.0%$35.00 2,299 $80,450 $35 2,420 $80,450 $33 3,266 $100,462 $31 4,083 $113,020 $28 4,491 $118,106 $26 Non-Cannabis Goods 1.0%$20.00 -164 -$3,284 $20 -173 -$3,284 $19 -233 -$4,101 $18 -292 -$4,613 $16 -321 -$4,821 $15 134,775 Adults 67,387 Adults Total Addressable Market 202,162 Adults 14.0%Conservative $100 per month 17.0% Total Target Market 28,303 Adults Social $200 per month 19.0% 50.0%Active $300 per month 24.0% Total Realizable Market Potential 14,151 Adults Frequent $400 per month 40.0% 10%$287.00 Total Monthly Delivery Customers 1,415 Adults 5%Decrease 8%Decrease 10%Decrease 5%Decrease % of Qualifying Sales for Discount 10%of Sales Average Discount %15%off MSRP 50%Increase 35%Increase 25%Increase 10%Increase Product List %100.0% Customer Spend %100.0% Purchaser Base Growth (Y5+) Balance Check (multiplied by) % of Local Market Share (1/10)Average Monthly Customer Spend SUPPORTING REVENUE METRICS AND ANALYSIS Discounts and Price Changes Annual Product Price Decrease (Y2) Annual Product Price Decrease (Y3) Annual Product Price Decrease (Y4) Sales and Discounts Purchaser Base Growth Rate Purchaser Base Growth (Y2) Purchaser Base Growth (Y3) Purchaser Base Growth (Y4) CUSTOMER ARCHETYPE PROFILES Estimated Customer Spend Breakdown (multiplied by) % Adult Use Purchasers (multiplied by) % Legal Market Adoption Annual Product Price Decrease (Y5+) (multiplied by) % Legal Market Adoption (multiplied by) % of Local Market Share (1/3) DELIVERY: Estimated Initial Purchaser Base (2024) Vadnais Heights 21+ Population 5-mile (plus) Additional Tourism (50% of Local Population) STOREFRONT: Estimated Initial Purchaser Base (2024)Product Category Vadnais Heights 21+ Population 3-mile (plus) Additional Tourism (50% of Local Population) (multiplied by) % Adult Use Purchasers 1/2027 - 12/2027 1/2028 - 12/2028 Revenue Inputs ANALYSIS OF LOCAL MARKET SHARE PRODUCT PRICING ASSUMPTIONS Open - 12/2024 1/2025 - 12/2025 1/2026 - 12/2026 Startup Marijuana Product Inventory $279,459 45%of revenue Grant/City Contributions $1,000,000 Startup Non-Marijuana Product Inventory $4,033 55%of revenue Long-Term Debt $1,000,000 Total Sources $2,000,000 Water Cooler $500 Commercial-Grade Refrigerator(s)$4,000 $5,000 per annum Commercial Sink $800 $3,000 per month Startup Expenses $1,470,431 Commercial Dishwasher $2,000 $4,000 per month 3-month operations $609,013 Break Room Kitchen Equipment $3,500 $20,000 per month Capital Runway -$79,444 Point-of-Sale & METRC Technology $4,000 $800 per month Total Uses $2,000,000 Vault and Cash/Product Storage Equipment $25,000 $3,500 per month Security Alarm, Surveillance and Key Access Equipment $80,000 $9,905 per month Odor Control and HVAC Equipment $20,000 $134,664 per month Delivery Vehicles (x2) (If Applicable)$0 $21,333 per month Loading/Unloading Equipment $10,000 $2,985 per month $22.39 $1,500 per month ####### Land Acquisition (0.75 -1.25 acres)$400,000 $2,500 per month ####### Facility Renovations Labor & Materials $168,000 $1,500 per month Preliminary Landscaping $5,000 $1,000 per month Temporary Utilities $10,000 $900 per month Security Deposit & Due Diligence $10,000 $203,004 Per Month Other Construction Costs $7,500 Computers and Printers $8,000 TV/Menu Display Fixtures $7,500 Product Display Fixtures $10,000 21%of Gross Profit Lighting Fixtures $8,000 6.875%of Operating Income Bike Racks $1,000 0%of Gross Profit Break Room and Office Furniture $800 Waiting Room Furniture $1,500 Sales Floor Furniture $1,500 $1,000,000 loan 10.0%APR Advertising Outlets $20,000 36 months Association Membership $1,500 Grand Opening Event Budget $5,000 Educational Material Printing $500 84 months Business Printing $500 0%salvage Website/Social Media Build and Setup $10,000 Search Engine Optimization $2,500 Personnel Wages and Benefits $134,664 Training Program Administration $25,000 5%annual growth Application Submission Fee*$2,500 Initial Licensing Fee*$2,500 Legal Support $7,500 Accounting Support $2,500 Architect Support $5,000 Consulting Support $45,000 $133,676 $1,470,431 Total Beginning Inventory $283,492 Total Equipment $142,500 Total Facility Acquisition and Improvements $600,500 Total Furniture and Fixtures $38,300 Total Marketing and Advertising $40,000 Total Pre-Op Staffing $159,664 Total License Procurement $65,000 Total Land Size (Acres)1.00 Land Cost per Acre $400,000 Total Facility SQFT 1,600 Renovation/Acquisition cost per sqft $375 Renovation + FF&E per sqft $488 Startup Subtotals Real Estate Analysis Debt Interest Rate Debt Term Depreciation Useful Life Salvage Value Pre-Operational Staffing OPERATIONAL BUDGET ANALYSIS Annual Operating Expense Growth Rate State & Local License Procurement Startup Cost Contingency (10%) Total Startup Budget STARTUP BUDGET ANALYSIS Local Tax Rate Loan and Interest Payments Debt Principal Marketing and Advertising Expense Growth and Changes Furniture and Fixtures ADDITONAL PRO FORMA FACTORS Corporate Income Tax Expenses Federal Tax Rate State Tax Rate Software, Phone & Internet Supplies (SG&A) Utilities (SG&A) Waste/Janitorial Services (SG&A) Total Operating Budget Uses of Capital Facility and Vehicle Maintenance Property Rent Facility Acquisition and Improvements Security Monitoring & Software Insurance Marketing & Sales Membership & Certifications Miscellaneous Operational Contingency (5%) Personnel (SG&A) Professional Services Average Retail Product Wholesale Cost Average Delivery Product Wholesale Cost Equipment Operating Expenses Annual Licensing Fee Expense Inputs STARTUP BUDGET OPERATIONAL BUDGET SOURCES AND USES OF CAPITAL Beginning Inventory Cost of Goods Sold Sources of Capital FISCAL YEAR 1 Submit App License Award Start Construction/Renovations Finish Construction Launch Ops FISCAL YEAR 2 FISCAL YEAR 3 FISCAL YEAR 4 FISCAL YEAR 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Y1M1 Y1M2 Y1M3 Y1M4 Y1M5 Y1M6 Y1M7 Y1M8 Y1M9 Y1M10 Y1M11 Y1M12 Y2M1 Y2M2 Y2M3 Y2M4 Y2M5 Y2M6 Y2M7 Y2M8 Y2M9 Y2M10 Y2M11 Y2M12 Y3M1 Y3M2 Y3M3 Y3M4 Y3M5 Y3M6 Y3M7 Y3M8 Y3M9 Y3M10 Y3M11 Y3M12 Y4M1 Y4M2 Y4M3 Y4M4 Y4M5 Y4M6 Y4M7 Y4M8 Y4M9 Y4M10 Y4M11 Y4M12 Y5M1 Y5M2 Y5M3 Y5M4 Y5M5 Y5M6 Y5M7 Y5M8 Y5M9 Y5M10 Y5M11 Y5M12 Pay Range Pay Rate***Weekly Hour Annual Cost Chief Executive Officer/President/Chief Operating Officer$150k ‒ $400k $200,000 40 $200,000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Chief Financial Officer $150k ‒ $200k $175,000 40 $175,000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Compliance Director $75k ‒ $100k $175,000 40 $175,000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 General Manager/Department Head $80k ‒ $120k $112,320 40 $112,320 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Assistant Manager $45k ‒ $75k $83,200 40 $83,200 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 Inventory/Distribution Manager $40k ‒ $80k $30 40 $62,400 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Receptionist 4 /hr ‒ $18/hr $25.00 40 $52,000 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Retail Agent (FT)4 /hr ‒ $22/hr $18.00 40 $37,440 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 Retail Agent (PT)4 /hr ‒ $22/hr $15.00 25 $19,500 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Delivery Agent 15/hr ‒ $22/hr $20.00 40 $41,600 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0 $112,220 $112,220 $112,220 $112,220 $112,220 $112,220 $112,220 $112,220 $112,220 $112,220 $112,220 $112,220 $112,220 $112,220 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 $117,095 20%$0 $0 $0 $0 $0 $0 $0 $0 $22,444 $22,444 $22,444 $22,444 $22,444 $22,444 $22,444 $22,444 $22,444 $22,444 $22,444 $22,444 $22,444 $22,444 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $23,419 $0 $0 $0 $0 $0 $0 $0 $0 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 $140,514 Monthly Fee Outsourced Information Technology Manager $2,500 $2,500 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Outsourced Security Manager/Chief Security Officer $7,500 $7,500 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Outsourced Security Agent(s)$5,000 $5,000 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 Outsourced Digital Marketing Consultant $1,500 $1,500 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Outsourced Human Resources Manager $750 $750 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Outsourced Bookkeeper $1,667 $1,667 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Outsourced General Counsel $2,000 $2,000 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Outsourced Certified Public Accountant $417 $0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 $0 $0 $0 $0 $0 $0 $0 $0 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $21,333 $0 $0 $0 $0 $0 $0 $0 $0 $155,581 $155,581 $155,581 $155,581 $155,581 $155,581 $155,581 $155,581 $155,581 $155,581 $155,581 $155,581 $155,581 $155,581 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 $161,847 Wage Rate % Change $ Change Minnesota Minimum Wage (Large Employer >$500k Gross Rev)$10 85 130%$14 15 Ramsey County Living Wage $21.00 19%$4.00 Total Monthly Personnel + Third-Party PAYROLL TABLE ANALYSIS Wage Analysis DEPARTMENT AND ROLE TITLE Officers/Managers (SG&A) Dispensary Direct Labor Total Monthly Payroll Employee Benefits % (Workers Comp, Payroll Tax, Benefits) Total Monthly Payroll + Employee Benefits THIRD PARTY PROFESSIONAL SUPPORT Non-Employees Total Monthly Third-Party Support Discounted Cash Flow Valuation Y1 Y2 Y3 Y4 Y5 Discount Rate 10%15% $3,000,079 $12,825,338 $16,015,641 $18,017,596 $18,828,388 Enterprise Value 9,281,437$ 8,258,396$ $1,632,571 $6,979,241 $8,715,328 $9,804,744 $10,245,957 Gross Profit $1,367,508 $5,846,097 $7,300,313 $8,212,852 $8,582,431 Multiple Valuation Multiple FY5 $1,467,931 $0 $0 $0 $0 Gross Profit 2 $17,164,861 $828,684 $2,522,006 $2,554,508 $2,588,635 $2,624,468 Operating Income 3 $17,873,888 Operating Income ($929,107)$3,324,091 $4,745,805 $5,624,218 $5,957,963 $330,678 $1,482,040 $1,885,168 $2,137,192 $2,237,749 Net Income ($1,259,785)$1,842,051 $2,860,637 $3,487,025 $3,720,214 100.00%100.00%100.00%100.00%100.00% 54.42%54.42%54.42%54.42%54.42% Gross Profit 45.58%45.58%45.58%45.58%45.58% 48.93%0.00%15.95%0.00%0.00% 27.62%19.66%29.63%14.37%13.94% Operating Income -30.97%25.92%29.63%31.22%31.64% 11.02%11.56%11.77%11.86%11.88% Net Income -41.99%14.36%17.86%19.35%19.76% Y1 Y2 Y3 Y4 Y5 $0 $746,672 $2,560,562 $5,103,580 $8,399,714 ($1,253,328)$1,867,879 $2,886,466 $3,512,854 $3,746,042 $0 $0 $0 $0 $0 $2,000,000 ($53,989)($343,448)($216,720)$0 $746,672 $1,813,890 $2,543,018 $3,296,134 $3,746,042 $746,672 $2,560,562 $5,103,580 $8,399,714 $12,145,756 Y1 Y2 Y3 Y4 Y5 $928,315 $2,716,377 $5,233,566 $8,503,871 $12,224,085 $1,000,000 $946,011 $602,563 $385,843 $385,843 ($259,785)$1,582,266 $4,442,903 $7,929,928 $11,650,142 $740,215 $2,528,277 $5,045,466 $8,315,771 $12,035,985 Owners Equity Liabilities & Owners Equity Cash from Operating Activities Cash from Investing Activities Cash from Financing Activities Total Change in Cash Ending Cash Balance YEAR-END BALANCE SHEET FROM MONTH 1 YEAR 1 TO MONTH 12 YEAR 5 Assets Liabilities ITDA Expenses STATEMENT OF CASH FLOWS FROM MONTH 1 YEAR 1 TO MONTH 12 YEAR 5 Starting Cash Balance ANALYSIS (%) Sales Revenue Cost of Goods Sold Startup Expenses Operating Expenses Sales Revenue Cost of Goods Sold Startup Expenses Operating Expenses ITDA Expenses Annual Financial Statements ANNUAL PRO FORMA VALUATION ANALYSIS FROM MONTH 1 YEAR 1 TO MONTH 12 YEAR 5 FISCAL YEAR 1 Submit App License Award Start Construction/Renovati Finish Construction Launch Ops FISCAL YEAR 2 FISCAL YEAR 3 FISCAL YEAR 4 FISCAL YEAR 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Y1M1 Y1M2 Y1M3 Y1M4 Y1M5 Y1M6 Y1M7 Y1M8 Y1M9 Y1M10 Y1M11 Y1M12 Y2M1 Y2M2 Y2M3 Y2M4 Y2M5 Y2M6 Y2M7 Y2M8 Y2M9 Y2M10 Y2M11 Y2M12 Y3M1 Y3M2 Y3M3 Y3M4 Y3M5 Y3M6 Y3M7 Y3M8 Y3M9 Y3M10 Y3M11 Y3M12 Y4M1 Y4M2 Y4M3 Y4M4 Y4M5 Y4M6 Y4M7 Y4M8 Y4M9 Y4M10 Y4M11 Y4M12 Y5M1 Y5M2 Y5M3 Y5M4 Y5M5 Y5M6 Y5M7 Y5M8 Y5M9 Y5M10 Y5M11 Y5M12 2,810.17 2,810.17 2,810.17 2,810.17 4,215.26 4,215.26 4,215.26 4,215.26 4,215.26 4,215.26 4,215.26 4,215.26 4,215.26 4,215.26 4,215.26 4,215.26 5,690.60 5,690.60 5,690.60 5,690.60 5,690.60 5,690.60 5,690.60 5,690.60 5,690.60 5,690.60 5,690.60 5,690.60 7,113.25 7,113.25 7,113.25 7,113.25 7,113.25 7,113.25 7,113.25 7,113.25 7,113.25 7,113.25 7,113.25 7,113.25 7,824.57 7,824.57 7,824.57 7,824.57 7,824.57 7,824.57 7,824.57 7,824.57 7,824.57 7,824.57 7,824.57 7,824.57 Flower (3.5g)$68,064 $68,064 $68,064 $68,064 $96,991 $96,991 $96,991 $96,991 $96,991 $96,991 $96,991 $96,991 $96,991 $96,991 $96,991 $96,991 $121,118 $121,118 $121,118 $121,118 $121,118 $121,118 $121,118 $121,118 $121,118 $121,118 $121,118 $121,118 $136,257 $136,257 $136,257 $136,257 $136,257 $136,257 $136,257 $136,257 $136,257 $136,257 $136,257 $136,257 $142,389 $142,389 $142,389 $142,389 $142,389 $142,389 $142,389 $142,389 $142,389 $142,389 $142,389 $142,389 Flower (7g)$32,030 $32,030 $32,030 $32,030 $45,643 $45,643 $45,643 $45,643 $45,643 $45,643 $45,643 $45,643 $45,643 $45,643 $45,643 $45,643 $56,996 $56,996 $56,996 $56,996 $56,996 $56,996 $56,996 $56,996 $56,996 $56,996 $56,996 $56,996 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $67,007 $67,007 $67,007 $67,007 $67,007 $67,007 $67,007 $67,007 $67,007 $67,007 $67,007 $67,007 Pre-Roll 5-pack (3.5g)$56,053 $56,053 $56,053 $56,053 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 Bulk Flower Trim (7g)$48,045 $48,045 $48,045 $48,045 $68,464 $68,464 $68,464 $68,464 $68,464 $68,464 $68,464 $68,464 $68,464 $68,464 $68,464 $68,464 $85,495 $85,495 $85,495 $85,495 $85,495 $85,495 $85,495 $85,495 $85,495 $85,495 $85,495 $85,495 $96,182 $96,182 $96,182 $96,182 $96,182 $96,182 $96,182 $96,182 $96,182 $96,182 $96,182 $96,182 $100,510 $100,510 $100,510 $100,510 $100,510 $100,510 $100,510 $100,510 $100,510 $100,510 $100,510 $100,510 Vaporizer Cartridges (500mg)$60,056 $60,056 $60,056 $60,056 $85,580 $85,580 $85,580 $85,580 $85,580 $85,580 $85,580 $85,580 $85,580 $85,580 $85,580 $85,580 $106,868 $106,868 $106,868 $106,868 $106,868 $106,868 $106,868 $106,868 $106,868 $106,868 $106,868 $106,868 $120,227 $120,227 $120,227 $120,227 $120,227 $120,227 $120,227 $120,227 $120,227 $120,227 $120,227 $120,227 $125,637 $125,637 $125,637 $125,637 $125,637 $125,637 $125,637 $125,637 $125,637 $125,637 $125,637 $125,637 Extracts (500mg)$56,053 $56,053 $56,053 $56,053 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $79,875 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $99,744 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $112,212 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 $117,261 Edibles (100mg)$36,034 $36,034 $36,034 $36,034 $51,348 $51,348 $51,348 $51,348 $51,348 $51,348 $51,348 $51,348 $51,348 $51,348 $51,348 $51,348 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $64,121 $72,136 $72,136 $72,136 $72,136 $72,136 $72,136 $72,136 $72,136 $72,136 $72,136 $72,136 $72,136 $75,382 $75,382 $75,382 $75,382 $75,382 $75,382 $75,382 $75,382 $75,382 $75,382 $75,382 $75,382 Beverages (100mg)$12,011 $12,011 $12,011 $12,011 $17,116 $17,116 $17,116 $17,116 $17,116 $17,116 $17,116 $17,116 $17,116 $17,116 $17,116 $17,116 $21,374 $21,374 $21,374 $21,374 $21,374 $21,374 $21,374 $21,374 $21,374 $21,374 $21,374 $21,374 $24,045 $24,045 $24,045 $24,045 $24,045 $24,045 $24,045 $24,045 $24,045 $24,045 $24,045 $24,045 $25,127 $25,127 $25,127 $25,127 $25,127 $25,127 $25,127 $25,127 $25,127 $25,127 $25,127 $25,127 Other Cannabis Products (100mg)$28,026 $28,026 $28,026 $28,026 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 Non-Cannabis Goods $28,026 $28,026 $28,026 $28,026 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $39,937 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $49,872 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $56,106 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 $58,631 (LESS) Discounts ($6,366)($6,366)($6,366)($6,366)($9,072)($9,072)($9,072)($9,072)($9,072)($9,072)($9,072)($9,072)($9,072)($9,072)($9,072)($9,072)($11,328)($11,328)($11,328)($11,328)($11,328)($11,328)($11,328)($11,328)($11,328)($11,328)($11,328)($11,328)($12,744)($12,744)($12,744)($12,744)($12,744)($12,744)($12,744)($12,744)($12,744)($12,744)($12,744)($12,744)($13,318)($13,318)($13,318)($13,318)($13,318)($13,318)($13,318)($13,318)($13,318)($13,318)($13,318)($13,318) Delivery Revenue Flower (3.5g)$69,044 $69,044 $69,044 $69,044 $98,388 $98,388 $98,388 $98,388 $98,388 $98,388 $98,388 $98,388 $98,388 $98,388 $98,388 $98,388 $122,862 $122,862 $122,862 $122,862 $122,862 $122,862 $122,862 $122,862 $122,862 $122,862 $122,862 $122,862 $138,220 $138,220 $138,220 $138,220 $138,220 $138,220 $138,220 $138,220 $138,220 $138,220 $138,220 $138,220 $144,440 $144,440 $144,440 $144,440 $144,440 $144,440 $144,440 $144,440 $144,440 $144,440 $144,440 $144,440 Flower (7g)$32,491 $32,491 $32,491 $32,491 $46,300 $46,300 $46,300 $46,300 $46,300 $46,300 $46,300 $46,300 $46,300 $46,300 $46,300 $46,300 $57,818 $57,818 $57,818 $57,818 $57,818 $57,818 $57,818 $57,818 $57,818 $57,818 $57,818 $57,818 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $67,972 $67,972 $67,972 $67,972 $67,972 $67,972 $67,972 $67,972 $67,972 $67,972 $67,972 $67,972 Pre-Roll 5-pack (3.5g)$56,860 $56,860 $56,860 $56,860 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 Bulk Flower Trim (7g)$48,737 $48,737 $48,737 $48,737 $69,451 $69,451 $69,451 $69,451 $69,451 $69,451 $69,451 $69,451 $69,451 $69,451 $69,451 $69,451 $86,726 $86,726 $86,726 $86,726 $86,726 $86,726 $86,726 $86,726 $86,726 $86,726 $86,726 $86,726 $97,567 $97,567 $97,567 $97,567 $97,567 $97,567 $97,567 $97,567 $97,567 $97,567 $97,567 $97,567 $101,958 $101,958 $101,958 $101,958 $101,958 $101,958 $101,958 $101,958 $101,958 $101,958 $101,958 $101,958 Vaporizer Cartridges (500mg)$60,922 $60,922 $60,922 $60,922 $86,813 $86,813 $86,813 $86,813 $86,813 $86,813 $86,813 $86,813 $86,813 $86,813 $86,813 $86,813 $108,408 $108,408 $108,408 $108,408 $108,408 $108,408 $108,408 $108,408 $108,408 $108,408 $108,408 $108,408 $121,959 $121,959 $121,959 $121,959 $121,959 $121,959 $121,959 $121,959 $121,959 $121,959 $121,959 $121,959 $127,447 $127,447 $127,447 $127,447 $127,447 $127,447 $127,447 $127,447 $127,447 $127,447 $127,447 $127,447 Extracts (500mg)$56,860 $56,860 $56,860 $56,860 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $81,026 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $101,181 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $113,828 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 $118,951 Edibles (100mg)$36,553 $36,553 $36,553 $36,553 $52,088 $52,088 $52,088 $52,088 $52,088 $52,088 $52,088 $52,088 $52,088 $52,088 $52,088 $52,088 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $65,045 $73,175 $73,175 $73,175 $73,175 $73,175 $73,175 $73,175 $73,175 $73,175 $73,175 $73,175 $73,175 $76,468 $76,468 $76,468 $76,468 $76,468 $76,468 $76,468 $76,468 $76,468 $76,468 $76,468 $76,468 Beverages (100mg)$12,184 $12,184 $12,184 $12,184 $17,363 $17,363 $17,363 $17,363 $17,363 $17,363 $17,363 $17,363 $17,363 $17,363 $17,363 $17,363 $21,682 $21,682 $21,682 $21,682 $21,682 $21,682 $21,682 $21,682 $21,682 $21,682 $21,682 $21,682 $24,392 $24,392 $24,392 $24,392 $24,392 $24,392 $24,392 $24,392 $24,392 $24,392 $24,392 $24,392 $25,489 $25,489 $25,489 $25,489 $25,489 $25,489 $25,489 $25,489 $25,489 $25,489 $25,489 $25,489 Other Cannabis Products (100mg)$28,430 $28,430 $28,430 $28,430 $40,513 $40,513 $40,513 $40,513 $40,513 $40,513 $40,513 $40,513 $40,513 $40,513 $40,513 $40,513 $50,590 $50,590 $50,590 $50,590 $50,590 $50,590 $50,590 $50,590 $50,590 $50,590 $50,590 $50,590 $56,914 $56,914 $56,914 $56,914 $56,914 $56,914 $56,914 $56,914 $56,914 $56,914 $56,914 $56,914 $59,475 $59,475 $59,475 $59,475 $59,475 $59,475 $59,475 $59,475 $59,475 $59,475 $59,475 $59,475 Non-Cannabis Goods $4,061 $4,061 $4,061 $4,061 $5,788 $5,788 $5,788 $5,788 $5,788 $5,788 $5,788 $5,788 $5,788 $5,788 $5,788 $5,788 $7,227 $7,227 $7,227 $7,227 $7,227 $7,227 $7,227 $7,227 $7,227 $7,227 $7,227 $7,227 $8,131 $8,131 $8,131 $8,131 $8,131 $8,131 $8,131 $8,131 $8,131 $8,131 $8,131 $8,131 $8,496 $8,496 $8,496 $8,496 $8,496 $8,496 $8,496 $8,496 $8,496 $8,496 $8,496 $8,496 (LESS) Discounts ($6,092)($6,092)($6,092)($6,092)($8,681)($8,681)($8,681)($8,681)($8,681)($8,681)($8,681)($8,681)($8,681)($8,681)($8,681)($8,681)($10,841)($10,841)($10,841)($10,841)($10,841)($10,841)($10,841)($10,841)($10,841)($10,841)($10,841)($10,841)($12,196)($12,196)($12,196)($12,196)($12,196)($12,196)($12,196)($12,196)($12,196)($12,196)($12,196)($12,196)($12,745)($12,745)($12,745)($12,745)($12,745)($12,745)($12,745)($12,745)($12,745)($12,745)($12,745)($12,745) $750,020 $750,020 $750,020 $750,020 $1,068,778 $1,068,778 $1,068,778 $1,068,778 $1,068,778 $1,068,778 $1,068,778 $1,068,778 $1,068,778 $1,068,778 $1,068,778 $1,068,778 $1,334,637 $1,334,637 $1,334,637 $1,334,637 $1,334,637 $1,334,637 $1,334,637 $1,334,637 $1,334,637 $1,334,637 $1,334,637 $1,334,637 $1,501,466 $1,501,466 $1,501,466 $1,501,466 $1,501,466 $1,501,466 $1,501,466 $1,501,466 $1,501,466 $1,501,466 $1,501,466 $1,501,466 $1,569,032 $1,569,032 $1,569,032 $1,569,032 $1,569,032 $1,569,032 $1,569,032 $1,569,032 $1,569,032 $1,569,032 $1,569,032 $1,569,032 Wholesale Retail Product Cost $188,115 $188,115 $188,115 $188,115 $268,063 $268,063 $268,063 $268,063 $268,063 $268,063 $268,063 $268,063 $268,063 $268,063 $268,063 $268,063 $334,744 $334,744 $334,744 $334,744 $334,744 $334,744 $334,744 $334,744 $334,744 $334,744 $334,744 $334,744 $376,587 $376,587 $376,587 $376,587 $376,587 $376,587 $376,587 $376,587 $376,587 $376,587 $376,587 $376,587 $393,533 $393,533 $393,533 $393,533 $393,533 $393,533 $393,533 $393,533 $393,533 $393,533 $393,533 $393,533 Wholesale Delivery Product Cost $220,028 $220,028 $220,028 $220,028 $313,540 $313,540 $313,540 $313,540 $313,540 $313,540 $313,540 $313,540 $313,540 $313,540 $313,540 $313,540 $391,533 $391,533 $391,533 $391,533 $391,533 $391,533 $391,533 $391,533 $391,533 $391,533 $391,533 $391,533 $440,475 $440,475 $440,475 $440,475 $440,475 $440,475 $440,475 $440,475 $440,475 $440,475 $440,475 $440,475 $460,296 $460,296 $460,296 $460,296 $460,296 $460,296 $460,296 $460,296 $460,296 $460,296 $460,296 $460,296 $408,143 $408,143 $408,143 $408,143 $581,603 $581,603 $581,603 $581,603 $581,603 $581,603 $581,603 $581,603 $581,603 $581,603 $581,603 $581,603 $726,277 $726,277 $726,277 $726,277 $726,277 $726,277 $726,277 $726,277 $726,277 $726,277 $726,277 $726,277 $817,062 $817,062 $817,062 $817,062 $817,062 $817,062 $817,062 $817,062 $817,062 $817,062 $817,062 $817,062 $853,830 $853,830 $853,830 $853,830 $853,830 $853,830 $853,830 $853,830 $853,830 $853,830 $853,830 $853,830 $341,877 $341,877 $341,877 $341,877 $487,175 $487,175 $487,175 $487,175 $487,175 $487,175 $487,175 $487,175 $487,175 $487,175 $487,175 $487,175 $608,359 $608,359 $608,359 $608,359 $608,359 $608,359 $608,359 $608,359 $608,359 $608,359 $608,359 $608,359 $684,404 $684,404 $684,404 $684,404 $684,404 $684,404 $684,404 $684,404 $684,404 $684,404 $684,404 $684,404 $715,203 $715,203 $715,203 $715,203 $715,203 $715,203 $715,203 $715,203 $715,203 $715,203 $715,203 $715,203 Beginning Inventory $283,492 Equipment $74,900 $74,900 Facility Acquisition and Improvements $400,000 $50,125 $50,125 $50,125 $50,125 Furniture and Fixtures $19,150 $19,150 Marketing and Advertising $40,000 Pre-Operational Staffing $159,664 State and Local License Procurement $62,500 Startup Cost Contingency $26,735 $26,735 $26,735 $26,735 $26,735 Annual Licensing $5,000 $5,000 $5,000 $5,000 Facility and Vehicle Maintenance $3,000 $3,000 $3,000 $3,000 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,150 $3,308 $3,308 $3,308 $3,308 $3,308 $3,308 $3,308 $3,308 $3,308 $3,308 $3,308 $3,308 $3,473 $3,473 $3,473 $3,473 $3,473 $3,473 $3,473 $3,473 $3,473 $3,473 $3,473 $3,473 $3,647 $3,647 $3,647 $3,647 $3,647 $3,647 $3,647 $3,647 $3,647 $3,647 $3,647 $3,647 Insurance $4,000 $4,000 $4,000 $4,000 $4,200 $4,200 $4,200 $4,200 $4,200 $4,200 $4,200 $4,200 $4,200 $4,200 $4,200 $4,200 $4,410 $4,410 $4,410 $4,410 $4,410 $4,410 $4,410 $4,410 $4,410 $4,410 $4,410 $4,410 $4,631 $4,631 $4,631 $4,631 $4,631 $4,631 $4,631 $4,631 $4,631 $4,631 $4,631 $4,631 $4,862 $4,862 $4,862 $4,862 $4,862 $4,862 $4,862 $4,862 $4,862 $4,862 $4,862 $4,862 Marketing & Sales $20,000 $20,000 $20,000 $20,000 $21,000 $21,000 $21,000 $21,000 $21,000 $21,000 $21,000 $21,000 $21,000 $21,000 $21,000 $21,000 $22,050 $22,050 $22,050 $22,050 $22,050 $22,050 $22,050 $22,050 $22,050 $22,050 $22,050 $22,050 $23,153 $23,153 $23,153 $23,153 $23,153 $23,153 $23,153 $23,153 $23,153 $23,153 $23,153 $23,153 $24,310 $24,310 $24,310 $24,310 $24,310 $24,310 $24,310 $24,310 $24,310 $24,310 $24,310 $24,310 Memberships & Certifications $800 $800 $800 $800 $840 $840 $840 $840 $840 $840 $840 $840 $840 $840 $840 $840 $882 $882 $882 $882 $882 $882 $882 $882 $882 $882 $882 $882 $926 $926 $926 $926 $926 $926 $926 $926 $926 $926 $926 $926 $972 $972 $972 $972 $972 $972 $972 $972 $972 $972 $972 $972 Miscellaneous $3,500 $3,500 $3,500 $3,500 $3,675 $3,675 $3,675 $3,675 $3,675 $3,675 $3,675 $3,675 $3,675 $3,675 $3,675 $3,675 $3,859 $3,859 $3,859 $3,859 $3,859 $3,859 $3,859 $3,859 $3,859 $3,859 $3,859 $3,859 $4,052 $4,052 $4,052 $4,052 $4,052 $4,052 $4,052 $4,052 $4,052 $4,052 $4,052 $4,052 $4,254 $4,254 $4,254 $4,254 $4,254 $4,254 $4,254 $4,254 $4,254 $4,254 $4,254 $4,254Operating Contingency $9,905 $9,905 $9,905 $9,905 $10,400 $10,400 $10,400 $10,400 $10,400 $10,400 $10,400 $10,400 $10,400 $10,400 $10,400 $10,400 $10,920 $10,920 $10,920 $10,920 $10,920 $10,920 $10,920 $10,920 $10,920 $10,920 $10,920 $10,920 $11,466 $11,466 $11,466 $11,466 $11,466 $11,466 $11,466 $11,466 $11,466 $11,466 $11,466 $11,466 $12,040 $12,040 $12,040 $12,040 $12,040 $12,040 $12,040 $12,040 $12,040 $12,040 $12,040 $12,040Personnel$0 $0 $0 $0 $0 $0 $0 $0 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664 $134,664Professional Services $0 $0 $0 $0 $0 $0 $0 $0 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917 $20,917Property Rent $2,985 $2,985 $2,985 $2,985 $3,135 $3,135 $3,135 $3,135 $3,135 $3,135 $3,135 $3,135 $3,135 $3,135 $3,135 $3,135 $3,291 $3,291 $3,291 $3,291 $3,291 $3,291 $3,291 $3,291 $3,291 $3,291 $3,291 $3,291 $3,456 $3,456 $3,456 $3,456 $3,456 $3,456 $3,456 $3,456 $3,456 $3,456 $3,456 $3,456 $3,629 $3,629 $3,629 $3,629 $3,629 $3,629 $3,629 $3,629 $3,629 $3,629 $3,629 $3,629Security Monitoring & Software $1,500 $1,500 $1,500 $1,500 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823Software, Phone & Internet $2,500 $2,500 $2,500 $2,500 $2,625 $2,625 $2,625 $2,625 $2,625 $2,625 $2,625 $2,625 $2,625 $2,625 $2,625 $2,625 $2,756 $2,756 $2,756 $2,756 $2,756 $2,756 $2,756 $2,756 $2,756 $2,756 $2,756 $2,756 $2,894 $2,894 $2,894 $2,894 $2,894 $2,894 $2,894 $2,894 $2,894 $2,894 $2,894 $2,894 $3,039 $3,039 $3,039 $3,039 $3,039 $3,039 $3,039 $3,039 $3,039 $3,039 $3,039 $3,039Supplies$1,500 $1,500 $1,500 $1,500 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,575 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,654 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,736 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823 $1,823Utilities$1,000 $1,000 $1,000 $1,000 $1,050 $1,050 $1,050 $1,050 $1,050 $1,050 $1,050 $1,050 $1,050 $1,050 $1,050 $1,050 $1,103 $1,103 $1,103 $1,103 $1,103 $1,103 $1,103 $1,103 $1,103 $1,103 $1,103 $1,103 $1,158 $1,158 $1,158 $1,158 $1,158 $1,158 $1,158 $1,158 $1,158 $1,158 $1,158 $1,158 $1,216 $1,216 $1,216 $1,216 $1,216 $1,216 $1,216 $1,216 $1,216 $1,216 $1,216 $1,216Waste/Janitorial $900 $900 $900 $900 $945 $945 $945 $945 $945 $945 $945 $945 $945 $945 $945 $945 $992 $992 $992 $992 $992 $992 $992 $992 $992 $992 $992 $992 $1,042 $1,042 $1,042 $1,042 $1,042 $1,042 $1,042 $1,042 $1,042 $1,042 $1,042 $1,042 $1,094 $1,094 $1,094 $1,094 $1,094 $1,094 $1,094 $1,094 $1,094 $1,094 $1,094 $1,094 $400,000 $62,500 $0 $26,735 $76,860 $76,860 $170,910 $654,066 $207,171 $207,171 $207,171 $207,171 $209,750 $209,750 $209,750 $214,750 $209,750 $209,750 $209,750 $209,750 $209,750 $209,750 $209,750 $209,750 $212,459 $212,459 $212,459 $217,459 $212,459 $212,459 $212,459 $212,459 $212,459 $212,459 $212,459 $212,459 $215,303 $215,303 $215,303 $220,303 $215,303 $215,303 $215,303 $215,303 $215,303 $215,303 $215,303 $215,303 $218,289 $218,289 $218,289 $223,289 $218,289 $218,289 $218,289 $218,289 $218,289 $218,289 $218,289 $218,289 ($400,000)($62,500)$0 ($26,735)($76,860)($76,860)($170,910)($654,066)$134,706 $134,706 $134,706 $134,706 $277,424 $277,424 $277,424 $272,424 $277,424 $277,424 $277,424 $277,424 $277,424 $277,424 $277,424 $277,424 $395,900 $395,900 $395,900 $390,900 $395,900 $395,900 $395,900 $395,900 $395,900 $395,900 $395,900 $395,900 $469,101 $469,101 $469,101 $464,101 $469,101 $469,101 $469,101 $469,101 $469,101 $469,101 $469,101 $469,101 $496,914 $496,914 $496,914 $491,914 $496,914 $496,914 $496,914 $496,914 $496,914 $496,914 $496,914 $496,914 Federal Tax $71,794 $71,794 $71,794 $71,794 $102,307 $102,307 $102,307 $102,307 $102,307 $102,307 $102,307 $102,307 $102,307 $102,307 $102,307 $102,307 $127,755 $127,755 $127,755 $127,755 $127,755 $127,755 $127,755 $127,755 $127,755 $127,755 $127,755 $127,755 $143,725 $143,725 $143,725 $143,725 $143,725 $143,725 $143,725 $143,725 $143,725 $143,725 $143,725 $143,725 $150,193 $150,193 $150,193 $150,193 $150,193 $150,193 $150,193 $150,193 $150,193 $150,193 $150,193 $150,193 State Tax $9,261 $9,261 $9,261 $9,261 $19,073 $19,073 $19,073 $18,729 $19,073 $19,073 $19,073 $19,073 $19,073 $19,073 $19,073 $19,073 $27,218 $27,218 $27,218 $26,874 $27,218 $27,218 $27,218 $27,218 $27,218 $27,218 $27,218 $27,218 $32,251 $32,251 $32,251 $31,907 $32,251 $32,251 $32,251 $32,251 $32,251 $32,251 $32,251 $32,251 $34,163 $34,163 $34,163 $33,819 $34,163 $34,163 $34,163 $34,163 $34,163 $34,163 $34,163 $34,163 Local Tax $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Depreciation Expense $0 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 Interest Payment $8,333 $8,134 $7,933 $7,730 $7,526 $7,319 $7,111 $6,902 $6,690 $6,477 $6,262 $6,046 $5,827 $5,607 $5,385 $5,161 $4,935 $4,707 $4,477 $4,246 $4,012 $3,777 $3,539 $3,300 $3,059 $2,815 $2,570 $2,322 $2,073 $1,821 $1,567 $1,311 $1,054 $793 $531 $267 #NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM! $0 $0 $0 $0 $0 $0 $0 $0 $81,055 $83,208 $83,208 $83,208 $123,532 $123,532 $123,532 $123,188 $123,532 $123,532 $123,532 $123,532 $123,532 $123,532 $123,532 $123,532 $157,126 $157,126 $157,126 $156,782 $157,126 $157,126 $157,126 $157,126 $157,126 $157,126 $157,126 $157,126 $178,128 $178,128 $178,128 $177,784 $178,128 $178,128 $178,128 $178,128 $178,128 $178,128 $178,128 $178,128 $186,508 $186,508 $186,508 $186,164 $186,508 $186,508 $186,508 $186,508 $186,508 $186,508 $186,508 $186,508 ($400,000)($62,500)$0 ($26,735)($76,860)($76,860)($170,910)($654,066)$53,651 $51,498 $51,498 $51,498 $153,892 $153,892 $153,892 $149,236 $153,892 $153,892 $153,892 $153,892 $153,892 $153,892 $153,892 $153,892 $238,774 $238,774 $238,774 $234,118 $238,774 $238,774 $238,774 $238,774 $238,774 $238,774 $238,774 $238,774 $290,973 $290,973 $290,973 $286,317 $290,973 $290,973 $290,973 $290,973 $290,973 $290,973 $290,973 $290,973 $310,406 $310,406 $310,406 $305,750 $310,406 $310,406 $310,406 $310,406 $310,406 $310,406 $310,406 $310,406 ($400,000)($462,500)($462,500)($489,235)($566,095)($642,955)($813,865)#############################################($1,105,893)($952,000)($798,108)($648,872)($494,980)($341,088)($187,195)($33,303)$120,589 $274,481 $428,374 $582,266 $821,040 $1,059,815 $1,298,589 $1,532,707 $1,771,482 $2,010,256 $2,249,031 $2,487,805 $2,726,579 $2,965,354 $3,204,128 $3,442,903 $3,733,876 $4,024,850 $4,315,823 $4,602,140 $4,893,114 $5,184,087 $5,475,061 $5,766,034 $6,057,007 $6,347,981 $6,638,954 $6,929,928 $7,240,334 $7,550,739 $7,861,145 $8,166,895 $8,477,301 $8,787,707 $9,098,112 $9,408,518 $9,718,924 ########################### $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $180,800 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $1,000,000 $976,066 $951,933 $927,598 $903,061 $878,320 $853,372 $828,216 $802,851 $777,274 $751,484 $725,479 $699,258 $672,817 $646,157 $619,275 $592,168 $564,836 $537,275 $509,485 $481,464 $453,209 $424,719 $395,991 $367,023 $337,815 $308,363 $278,665 $248,720 $218,526 $188,080 $157,380 $126,424 $95,210 $63,737 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 ($23,934)($24,133)($24,334)($24,537)($24,742)($24,948)($25,156)($25,365)($25,577)($25,790)($26,005)($26,222)($26,440)($26,660)($26,883)($27,107)($27,332)($27,560)($27,790)($28,021)($28,255)($28,490)($28,728)($28,967)($29,209)($29,452)($29,697)($29,945)($30,195)($30,446)($30,700)($30,956)($31,214)($31,474)($31,736)$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $976,066 $951,933 $927,598 $903,061 $878,320 $853,372 $828,216 $802,851 $777,274 $751,484 $725,479 $699,258 $672,817 $646,157 $619,275 $592,168 $564,836 $537,275 $509,485 $481,464 $453,209 $424,719 $395,991 $367,023 $337,815 $308,363 $278,665 $248,720 $218,526 $188,080 $157,380 $126,424 $95,210 $63,737 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 $32,001 ($8,333)($8,134)($7,933)($7,730)($7,526)($7,319)($7,111)($6,902)($6,690)($6,477)($6,262)($6,046)($5,827)($5,607)($5,385)($5,161)($4,935)($4,707)($4,477)($4,246)($4,012)($3,777)($3,539)($3,300)($3,059)($2,815)($2,570)($2,322)($2,073)($1,821)($1,567)($1,311)($1,054)($793)($531)($267)#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM!#NUM! Loan Repayment and Interest Calculator Monthly Starting Loan Balance Monthly Loan Repayment Monthly Ending Loan Balance Monthly Interest Payments (LESS) Total Startup and Operating Expen Net Operating Income NON-OPERATING EXPENSES Corporate Taxes Monthly Asset Depreciation Depreciation Interest (LESS) Total Interest, Tax, Depreciation Ex Net Income/Loss Breakeven Analysis Depreciation Calculator Total Asset Value (LESS) Total Cost of Goods Sold Gross Profit EXPENSESStartup Expenses Operating Expenses REVENUE Average Monthly Customer Base Retail Revenue Total Revenue COST OF GOODS SOLD FY1 Submit App 1 2 3 Y1M1 Y1M2 Y1M3 ($400,000)($62,500)$0 $0 $0 $0 ($400,000)($62,500)$0 $0 $0 $0 $1,000,000 $1,000,000 $2,000,000 $0 $0 $1,600,000 ($62,500)$0 $0 $1,600,000 $1,537,500 $1,600,000 $1,537,500 $1,537,500 Profit Share Total Cash Flow from Financing Total Change in Cash Beginning Period Cash Ending Period Cash Change in Accounts Payable Total Cash Flow from Operations Revolving Line of Credit Loan Loan Repayment Cash Flow from Investing Capital Expenditures (CAPEX) Land Purchase Total Cash Flow from Investing Cash Flow from Financing Revolver Issuance / Repayment Grant/City Contributions Net Income/Loss Cash Flow from Operations Depreciation Change in Receivables Change in Inventory License Award Construction/ Renovations Finish Construction Launch Ops 4 5 6 7 8 9 Y1M4 Y1M5 Y1M6 Y1M7 Y1M8 Y1M9 ($26,735)($76,860)($76,860)($170,910)($654,066)$53,651 $0 $0 $0 $0 $0 $0 ($26,735)($76,860)($76,860)($170,910)($654,066)$53,651 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 ($26,735)($76,860)($76,860)($170,910)($654,066)$53,651 $1,537,500 $1,510,765 $1,433,905 $1,357,045 $1,186,135 $532,069 $1,510,765 $1,433,905 $1,357,045 $1,186,135 $532,069 $585,720 FY2 10 11 12 13 14 15 Y1M10 Y1M11 Y1M12 Y2M1 Y2M2 Y2M3 $51,498 $51,498 $51,498 $153,892 $153,892 $153,892 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $53,651 $53,651 $53,651 $156,045 $156,045 $156,045 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $53,651 $53,651 $53,651 $156,045 $156,045 $156,045 $585,720 $639,371 $693,021 $746,672 $902,717 $1,058,761 $639,371 $693,021 $746,672 $902,717 $1,058,761 $1,214,806 16 17 18 19 20 21 Y2M4 Y2M5 Y2M6 Y2M7 Y2M8 Y2M9 $149,236 $153,892 $153,892 $153,892 $153,892 $153,892 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $151,388 $156,045 $156,045 $156,045 $156,045 $156,045 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $151,388 $156,045 $156,045 $156,045 $156,045 $156,045 $1,214,806 $1,366,194 $1,522,239 $1,678,284 $1,834,328 $1,990,373 $1,366,194 $1,522,239 $1,678,284 $1,834,328 $1,990,373 $2,146,418 FY3 22 23 24 25 26 27 Y2M10 Y2M11 Y2M12 Y3M1 Y3M2 Y3M3 $153,892 $153,892 $153,892 $238,774 $238,774 $238,774 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $156,045 $156,045 $156,045 $240,927 $240,927 $240,927 $0 $0 $0 $0 $0 $0 ($26,883)($27,107)($27,332)($27,560)($27,790) $0 ($26,883)($27,107)($27,332)($27,560)($27,790) $156,045 $129,162 $128,938 $213,594 $213,367 $213,137 $2,146,418 $2,302,462 $2,431,624 $2,560,562 $2,774,157 $2,987,523 $2,302,462 $2,431,624 $2,560,562 $2,774,157 $2,987,523 $3,200,660 28 29 30 31 32 33 Y3M4 Y3M5 Y3M6 Y3M7 Y3M8 Y3M9 $234,118 $238,774 $238,774 $238,774 $238,774 $238,774 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $236,271 $240,927 $240,927 $240,927 $240,927 $240,927 $0 $0 $0 $0 $0 $0 ($28,021)($28,255)($28,490)($28,728)($28,967)($29,209) ($28,021)($28,255)($28,490)($28,728)($28,967)($29,209) $208,249 $212,672 $212,436 $212,199 $211,960 $211,718 $3,200,660 $3,408,909 $3,621,581 $3,834,018 $4,046,216 $4,258,176 $3,408,909 $3,621,581 $3,834,018 $4,046,216 $4,258,176 $4,469,894 FY4 34 35 36 37 38 39 Y3M10 Y3M11 Y3M12 Y4M1 Y4M2 Y4M3 $238,774 $238,774 $238,774 $290,973 $290,973 $290,973 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $240,927 $240,927 $240,927 $293,126 $293,126 $293,126 $0 $0 $0 $0 $0 $0 ($29,452)($29,697)($29,945)($30,195)($30,446)($30,700) ($29,452)($29,697)($29,945)($30,195)($30,446)($30,700) $211,475 $211,229 $210,982 $262,931 $262,680 $262,426 $4,469,894 $4,681,369 $4,892,598 $5,103,580 $5,366,511 $5,629,191 $4,681,369 $4,892,598 $5,103,580 $5,366,511 $5,629,191 $5,891,617 40 41 42 43 44 45 Y4M4 Y4M5 Y4M6 Y4M7 Y4M8 Y4M9 $286,317 $290,973 $290,973 $290,973 $290,973 $290,973 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $288,470 $293,126 $293,126 $293,126 $293,126 $293,126 $0 $0 $0 $0 $0 $0 ($30,956)($31,214)($31,474)($31,736)$0 $0 ($30,956)($31,214)($31,474)($31,736)$0 $0 $257,514 $261,912 $261,652 $261,390 $293,126 $293,126 $5,891,617 $6,149,131 $6,411,043 $6,672,695 $6,934,085 $7,227,211 $6,149,131 $6,411,043 $6,672,695 $6,934,085 $7,227,211 $7,520,337 FY5 46 47 48 49 50 51 Y4M10 Y4M11 Y4M12 Y5M1 Y5M2 Y5M3 $290,973 $290,973 $290,973 $310,406 $310,406 $310,406 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $293,126 $293,126 $293,126 $312,558 $312,558 $312,558 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $293,126 $293,126 $293,126 $312,558 $312,558 $312,558 $7,520,337 $7,813,462 $8,106,588 $8,399,714 $8,712,272 $9,024,831 $7,813,462 $8,106,588 $8,399,714 $8,712,272 $9,024,831 $9,337,389 52 53 54 55 56 57 Y5M4 Y5M5 Y5M6 Y5M7 Y5M8 Y5M9 $305,750 $310,406 $310,406 $310,406 $310,406 $310,406 $2,152 $2,152 $2,152 $2,152 $2,152 $2,152 $307,902 $312,558 $312,558 $312,558 $312,558 $312,558 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $307,902 $312,558 $312,558 $312,558 $312,558 $312,558 $9,337,389 $9,645,291 $9,957,849 $10,270,407 $10,582,965 $10,895,524 $9,645,291 $9,957,849 $10,270,407 $10,582,965 $10,895,524 $11,208,082 58 59 60 Y5M10 Y5M11 Y5M12 $310,406 $310,406 $310,406 $2,152 $2,152 $2,152 $312,558 $312,558 $312,558 $0 $0 $0 $0 $0 $0 $0 $0 $0 $312,558 $312,558 $312,558 $11,208,082 $11,520,640 $11,833,198 $11,520,640 $11,833,198 $12,145,756 FISCAL YEAR 1 Submit App 1 2 Y1M1 Y1M2 $1,600,000 $1,537,500 $1,600,000 $1,537,500 $0 $0 $0 $0 $0 $0 $0 $0 $1,600,000 $1,537,500 $0 $0 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 ($400,000)($462,500) $600,000 $537,500 $1,600,000 $1,537,500 Balance Check $0 $0 Paid-in Capital Retained Earnings Total Equity Total Liabilities & Equity Accounts Payable Accrued Expenses Total Current Liabilities Long-Term Liabilities Financing/Debt Total Long-Term Liabilities Total Liabilities Total Long Term Assets Total Assets LIABILITIES Current Liabilities OWNER EQUITY Total Current Assets Long-Term Assets Property, Plant & Equipment (PPE), Gross Accumulated Depreciation of PPE PP&E, net ASSETS Current Assets Cash Receivables Inventory License Award Construction/ Renovations Finish Construction Launch Ops 3 4 5 6 7 8 9 Y1M3 Y1M4 Y1M5 Y1M6 Y1M7 Y1M8 Y1M9 $1,537,500 $1,510,765 $1,433,905 $1,357,045 $1,186,135 $532,069 $585,720 $1,537,500 $1,510,765 $1,433,905 $1,357,045 $1,186,135 $532,069 $585,720 $0 $0 $0 $0 $94,050 $188,100 $188,100 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $94,050 $188,100 $188,100 $0 $0 $0 $0 $94,050 $188,100 $188,100 $1,537,500 $1,510,765 $1,433,905 $1,357,045 $1,280,185 $720,169 $773,820 $0 $0 $0 $0 $0 $0 $0 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 ($462,500)($489,235)($566,095)($642,955)($813,865)($1,467,931)($1,414,280) $537,500 $510,765 $433,905 $357,045 $186,135 ($467,931)($414,280) $1,537,500 $1,510,765 $1,433,905 $1,357,045 $1,186,135 $532,069 $585,720 $0 $0 $0 $0 $94,050 $188,100 $188,100 FISCAL YEAR 2 10 11 12 13 14 15 16 Y1M10 Y1M11 Y1M12 Y2M1 Y2M2 Y2M3 Y2M4 $639,371 $693,021 $746,672 $902,717 $1,058,761 $1,214,806 $1,366,194 $639,371 $693,021 $746,672 $902,717 $1,058,761 $1,214,806 $1,366,194 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 ($2,152)($4,305)($6,457)($8,610)($10,762)($12,914)($15,067) $185,948 $183,795 $181,643 $179,490 $177,338 $175,186 $173,033 $185,948 $183,795 $181,643 $179,490 $177,338 $175,186 $173,033 $825,318 $876,817 $928,315 $1,082,207 $1,236,100 $1,389,992 $1,539,228 $0 $0 $0 $0 $0 $0 $0 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 ($1,362,782)($1,311,283)($1,259,785)($1,105,893)($952,000)($798,108)($648,872) ($362,782)($311,283)($259,785)($105,893)$48,000 $201,892 $351,128 $637,218 $688,717 $740,215 $894,107 $1,048,000 $1,201,892 $1,351,128 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 17 18 19 20 21 22 23 Y2M5 Y2M6 Y2M7 Y2M8 Y2M9 Y2M10 Y2M11 $1,522,239 $1,678,284 $1,834,328 $1,990,373 $2,146,418 $2,302,462 $2,431,624 $1,522,239 $1,678,284 $1,834,328 $1,990,373 $2,146,418 $2,302,462 $2,431,624 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 ($17,219)($19,371)($21,524)($23,676)($25,829)($27,981)($30,133) $170,881 $168,729 $166,576 $164,424 $162,271 $160,119 $157,967 $170,881 $168,729 $166,576 $164,424 $162,271 $160,119 $157,967 $1,693,120 $1,847,012 $2,000,905 $2,154,797 $2,308,689 $2,462,581 $2,589,591 $0 $0 $0 $0 $0 $0 $0 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $973,117 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $973,117 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $973,117 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 ($494,980)($341,088)($187,195)($33,303)$120,589 $274,481 $428,374 $505,020 $658,912 $812,805 $966,697 $1,120,589 $1,274,481 $1,428,374 $1,505,020 $1,658,912 $1,812,805 $1,966,697 $2,120,589 $2,274,481 $2,401,491 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 FISCAL YEAR 3 24 25 26 27 28 29 30 Y2M12 Y3M1 Y3M2 Y3M3 Y3M4 Y3M5 Y3M6 $2,560,562 $2,774,157 $2,987,523 $3,200,660 $3,408,909 $3,621,581 $3,834,018 $2,560,562 $2,774,157 $2,987,523 $3,200,660 $3,408,909 $3,621,581 $3,834,018 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 ($32,286)($34,438)($36,590)($38,743)($40,895)($43,048)($45,200) $155,814 $153,662 $151,510 $149,357 $147,205 $145,052 $142,900 $155,814 $153,662 $151,510 $149,357 $147,205 $145,052 $142,900 $2,716,377 $2,927,819 $3,139,033 $3,350,017 $3,556,114 $3,766,634 $3,976,918 $0 $0 $0 $0 $0 $0 $0 $946,011 $918,678 $891,118 $863,328 $835,307 $807,052 $778,561 $946,011 $918,678 $891,118 $863,328 $835,307 $807,052 $778,561 $946,011 $918,678 $891,118 $863,328 $835,307 $807,052 $778,561 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $582,266 $821,040 $1,059,815 $1,298,589 $1,532,707 $1,771,482 $2,010,256 $1,582,266 $1,821,040 $2,059,815 $2,298,589 $2,532,707 $2,771,482 $3,010,256 $2,528,277 $2,739,719 $2,950,933 $3,161,917 $3,368,014 $3,578,534 $3,788,818 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 FISCAL YEAR 4 31 32 33 34 35 36 37 Y3M7 Y3M8 Y3M9 Y3M10 Y3M11 Y3M12 Y4M1 $4,046,216 $4,258,176 $4,469,894 $4,681,369 $4,892,598 $5,103,580 $5,366,511 $4,046,216 $4,258,176 $4,469,894 $4,681,369 $4,892,598 $5,103,580 $5,366,511 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 ($47,352)($49,505)($51,657)($53,810)($55,962)($58,114)($60,267) $140,748 $138,595 $136,443 $134,290 $132,138 $129,986 $127,833 $140,748 $138,595 $136,443 $134,290 $132,138 $129,986 $127,833 $4,186,964 $4,396,771 $4,606,337 $4,815,659 $5,024,736 $5,233,566 $5,494,345 $0 $0 $0 $0 $0 $0 $0 $749,834 $720,866 $691,658 $662,206 $632,508 $602,563 $572,369 $749,834 $720,866 $691,658 $662,206 $632,508 $602,563 $572,369 $749,834 $720,866 $691,658 $662,206 $632,508 $602,563 $572,369 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $2,249,031 $2,487,805 $2,726,579 $2,965,354 $3,204,128 $3,442,903 $3,733,876 $3,249,031 $3,487,805 $3,726,579 $3,965,354 $4,204,128 $4,442,903 $4,733,876 $3,998,864 $4,208,671 $4,418,237 $4,627,559 $4,836,636 $5,045,466 $5,306,245 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 38 39 40 41 42 43 44 Y4M2 Y4M3 Y4M4 Y4M5 Y4M6 Y4M7 Y4M8 $5,629,191 $5,891,617 $6,149,131 $6,411,043 $6,672,695 $6,934,085 $7,227,211 $5,629,191 $5,891,617 $6,149,131 $6,411,043 $6,672,695 $6,934,085 $7,227,211 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 ($62,419)($64,571)($66,724)($68,876)($71,029)($73,181)($75,333) $125,681 $123,529 $121,376 $119,224 $117,071 $114,919 $112,767 $125,681 $123,529 $121,376 $119,224 $117,071 $114,919 $112,767 $5,754,872 $6,015,146 $6,270,507 $6,530,267 $6,789,767 $7,049,004 $7,339,977 $0 $0 $0 $0 $0 $0 $0 $541,922 $511,223 $480,267 $449,053 $417,579 $385,843 $385,843 $541,922 $511,223 $480,267 $449,053 $417,579 $385,843 $385,843 $541,922 $511,223 $480,267 $449,053 $417,579 $385,843 $385,843 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $4,024,850 $4,315,823 $4,602,140 $4,893,114 $5,184,087 $5,475,061 $5,766,034 $5,024,850 $5,315,823 $5,602,140 $5,893,114 $6,184,087 $6,475,061 $6,766,034 $5,566,772 $5,827,046 $6,082,407 $6,342,167 $6,601,667 $6,860,904 $7,151,877 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 FISCAL YEAR 5 45 46 47 48 49 50 51 Y4M9 Y4M10 Y4M11 Y4M12 Y5M1 Y5M2 Y5M3 $7,520,337 $7,813,462 $8,106,588 $8,399,714 $8,712,272 $9,024,831 $9,337,389 $7,520,337 $7,813,462 $8,106,588 $8,399,714 $8,712,272 $9,024,831 $9,337,389 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 ($77,486)($79,638)($81,790)($83,943)($86,095)($88,248)($90,400) $110,614 $108,462 $106,310 $104,157 $102,005 $99,852 $97,700 $110,614 $108,462 $106,310 $104,157 $102,005 $99,852 $97,700 $7,630,951 $7,921,924 $8,212,898 $8,503,871 $8,814,277 $9,124,683 $9,435,089 $0 $0 $0 $0 $0 $0 $0 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $6,057,007 $6,347,981 $6,638,954 $6,929,928 $7,240,334 $7,550,739 $7,861,145 $7,057,007 $7,347,981 $7,638,954 $7,929,928 $8,240,334 $8,550,739 $8,861,145 $7,442,851 $7,733,824 $8,024,798 $8,315,771 $8,626,177 $8,936,583 $9,246,989 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 52 53 54 55 56 57 58 Y5M4 Y5M5 Y5M6 Y5M7 Y5M8 Y5M9 Y5M10 $9,645,291 $9,957,849 $10,270,407 $10,582,965 $10,895,524 $11,208,082 $11,520,640 $9,645,291 $9,957,849 $10,270,407 $10,582,965 $10,895,524 $11,208,082 $11,520,640 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 ($92,552)($94,705)($96,857)($99,010)($101,162)($103,314)($105,467) $95,548 $93,395 $91,243 $89,090 $86,938 $84,786 $82,633 $95,548 $93,395 $91,243 $89,090 $86,938 $84,786 $82,633 $9,740,838 $10,051,244 $10,361,650 $10,672,056 $10,982,462 $11,292,867 $11,603,273 $0 $0 $0 $0 $0 $0 $0 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $8,166,895 $8,477,301 $8,787,707 $9,098,112 $9,408,518 $9,718,924 $10,029,330 $9,166,895 $9,477,301 $9,787,707 $10,098,112 $10,408,518 $10,718,924 $11,029,330 $9,552,738 $9,863,144 $10,173,550 $10,483,956 $10,794,362 $11,104,767 $11,415,173 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 $188,100 59 60 Y5M11 Y5M12 $11,833,198 $12,145,756 $11,833,198 $12,145,756 $188,100 $188,100 ($107,619)($109,771) $80,481 $78,329 $80,481 $78,329 $11,913,679 $12,224,085 $0 $0 $385,843 $385,843 $385,843 $385,843 $385,843 $385,843 $1,000,000 $1,000,000 $10,339,736 $10,650,142 $11,339,736 $11,650,142 $11,725,579 $12,035,985 $188,100 $188,100 MU210\317\977365.v1-9/19/24 Joseph L. Sathe Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 (612) 337-9255 direct email: jsathe@kennedy-graven.com MEMORANDUM TO: Mayor and City Council Nyle Zikmund, City Administrator FROM: Joseph L. Sathe, Assistant City Attorney DATE: September 19, 2024 RE: Initial Cannabis Regulatory Decisions The purpose of this memo is to provide a high-level overview of the options cities will have regarding adult-use cannabis and to obtain preliminary input on some questions that will be used to draft the City’s ordinance(s) related to cannabis and hemp. This memo is based on the information available at this time. The Office of Cannabis Management (“OCM”) has released a draft of its administrative rules which will go through a comment period and are subject to change over the next few months. Enclosed is the OCM’s Guide for Local Government on Adult-Use Cannabis without any of the exhibits (which can still be found online, including the OCM’s “model” ordinacne). This is a document includes additional information on cannabis businesses. I have also included a separate document that contains the outline of what the City’s cannabis regulations could look like based on the answers to the questions in this memo. This model is mainly provided for reference at this point and it is not necessary to review with specificity. Answering these questions will guide staff in drafting language specifically for the city ordinances. I. DECISIONS – GENERALLY Under the Cannabis Act, cities generally maintain their ability to enact regulations with two primary limitations: (1) the City may not prohibit the establishment or operation of a cannabis or hemp business licensed by the OCM; and (2) the Legislature has established a maximum buffer from certain uses. Cities will retain the ability to enact certain ordinances even if it consents to have the county issue registrations, as discussed in Section IV. II. ZONING DECISIONS – DESIGNATING ZONING DISTRICTS 2 MU210\317\977365.v1-9/19/24 The City can amend its zoning code to specifically allow each business type in a particular district or it can choose to simply allow cannabis businesses in zones with similar uses (e.g., retailers in commercial zones with other retail). The following table includes each licensed business and very high-level information on the businesses operations. Question: Does the City want to designate zoning districts where cannabis businesses can be located or rely on each businesses underlying use? License Type Main Function Use Type(s) Cannabis Retailer Sales to the customers Commercial Medical Cannabis Retailer Sales to registered patients Commercial Cannabis Delivery Service Delivery of products directly to customers Commercial Lower Potency Hemp Retailer Sale of lower-potency hemp edible products directly to customers Commercial Cannabis Cultivator Growing and tending to cannabis and hemp plants Indoor: Industrial, Commercial, Production Outdoor: Agricultural Medical Cannabis Cultivator Growing cannabis plants Industrial/Agricultural/ Commercial Cannabis Event Organizer Coordinate cannabis events Office/Commercial Cannabis Manufacturer Create cannabis products that are sold to retailers Industrial Medical Cannabis Manufacturer Creating cannabis products that are sold to medical retailers Industrial Lower-Potency Hemp Edible Manufacturer Creating lower-potency hemp products that are sold to retailers Industrial Cannabis Testing Testing cannabis and hemp products Industrial Cannabis Wholesaler Warehousing and Storage Industrial Cannabis Transporter Transport products from one license type to another. Industrial/Commercial Medical Cannabis Combination Business Cultivation, Manufacturing, and Retail to both the public and medical patients. Cultivation, Manufacturing, & limited Retail Cannabis Mezzobusiness Cultivation, Manufacturing, and Retail Cultivation, Manufacturing, and Retail Cannabis Microbusiness Cultivation, Manufacturing, and Retail Cultivation, Manufacturing, and Retail 3 MU210\317\977365.v1-9/19/24 III. BUFFERS A. Cannabis Business Buffers from Certain Uses A local unit of government may prohibit the operation of a cannabis business within: 1) 1,000 feet of a school; or 2) 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field. The terms school, day care, residential treatment facility, and attraction within a public park that is regularly used by minors, including a playground or athletic field are not further defined in statute or administrative rule, so the city has some discretion in defining these terms. The enclosed OCM guide includes some definitions that were drafted for the OCM’s model ordinance (which is different than the administrative rules). Questions: Is the City interested in adopting buffers for all cannabis businesses, certain cannabis businesses (e.g., retail) or no buffers? If so, is the City interested in buffers from all or some of the identified establishments? B. Buffers from Other Cannabis Businesses While not explicitly listed in statute, the OCM proposes that cities could adopt requirements that cannabis businesses must be located a certain distance from each other. Question: Is the City interested in adopting buffers between cannabis businesses? C. Lower Potency Hemp Edible Buffers? Businesses selling lower-potency hemp edibles, such as beverages and gummies, need to register with the City. While not explicitly addressed in statute, the City should be able to adopt regulations related to these businesses. These might include buffers, zone designation, etc. Cities may be able to also differentiate between hemp businesses selling for on-site consumption and those selling products for off-site consumption. One comparison is that, from a regulatory standpoint, lower-potency hemp edibles are addressed similar to 3.2 beer, while cannabis products are addressed similar to liquor sales. Lower-potency hemp edibles and 3.2 beer can be sold in many different retail locations, while liquor and cannabis must be sold from a designated store. Question: Is the City interested in adopting buffers for hemp businesses? 4 MU210\317\977365.v1-9/19/24 D. Medical Cannabis Business Buffers? Medical cannabis businesses (medical cannabis cultivator, medical cannabis processor, and medical cannabis retailer) are licensed differently than cannabis businesses. These businesses, together, create the pipeline for Minnesota’s medical cannabis program. They are not subject to the same registration or compliance checks as cannabis businesses. While not explicitly addressed in statute, the City should be able to adopt regulations related to these businesses. Question: Is the City interested in adopting buffers for medical cannabis businesses? IV. REGISTRATION, COMPLIANCE CHECKS, & SOME OPERATIONS The OCM reviews, approves, and issues cannabis and hemp business licenses. However, each retail business must also register with the city in which it will operate, unless the city has consented to the county issuing registrations on its behalf. A registration fee can be imposed in addition to the state fee. A. Registrations The registration process involves issuing a registration to a retail business that: (1) has a valid license issued by the OCM; (2) has paid the registration fee or renewal fee (if applicable); (3) is found to be in compliance with the requirements of the Cannabis Act at any preliminary compliance check; and (4) if applicable, is current on all property taxes and assessments. Question: Does the City wish to issue registrations or ask the county to do it? B. Registration Fee Registration Fees by Business Type The following shows the maximum amount the city could charge for an initial registration fee and renewal registration fee for retail businesses and includes the amount the state charges for a license, for reference. The city’s initial registration cannot exceed $500 or half of the license fee (whichever is less) and the renewal registration fee cannot exceed $1,000 or half of the license fee (whichever is less) The initial registration fee shall include the fee for initial registration and the first annual renewal. Any renewal fee imposed by the local unit of government shall be charged at the time of the second renewal and each subsequent annual renewal thereafter. Business Initial Renewal Cannabis Retailer City (Optional) - $500; State - $2,500 City (Optional) - $1,000; State - $5,000 Lower Potency Hemp Retailer City (Optional) - $125; State - $250 City (Optional) - $125; State - $250 Medical Cannabis Combination Business City (Optional) - $500; State - $20,000 City (Optional) - $1,000; State - $70,000 5 MU210\317\977365.v1-9/19/24 Cannabis Mezzobusiness City (Optional) - $500; State - $5,000 City (Optional) - $1,000; State - $10,000 Cannabis Microbusiness City (Optional) - $0; State - $0 City (Optional) - $500; State - $1000 Question: Does the City want to impose a registration fee? C. Compliance Checks Once the registration is issued, the entity issuing the registration is responsible for annual compliance checks that include assessing compliance with age verification requirements (using underage purchasers) and any city-imposed time, place, and manner regulations. D. Limiting Number of Retailers The specific language in the Cannabis Act allowing a limitation on the number of retailers in the City says that “[a] local unit of government that issues cannabis retailer registration…may, by ordinance, limit the number of licensed cannabis retailers, cannabis mezzo businesses with retail endorsements, and cannabis mezzo businesses with retail endorsements to no fewer than one registration for every 12,500 residents.” Mounds View has an estimated population, according to the most recent data available from the State Demographer, of 12,965. Meaning a minimum of two retailer operations would be allowed. Additionally, the City is not required to issue a municipal registration if other cities/the county have issued 1 registration per 12,5000 residents in the county. Consenting to have the county issue registrations could mean that the county then has the ability to limit retailers, not cities. Question: Does the City wish to limit the number of retailers to 1 per 12,500 city residents? Does the City wish to not register retailers if there is already 1 registration per 12,500 county residents? Note: Cities will receive a portion of the taxes imposed by the state as part of “local government cannabis aid”. This aid will be distributed to cities based on the number of cannabis businesses (not just retailers) in the City. E. Limiting Hours of Operation Under statute, retail cannabis businesses may operate from 8:00 am-2:00 am Monday-Saturday and 10:00 am-2:00 am on Sunday. The City can limit the hours of operation to be between 10:00 am-9:00 pm. seven days a week. One option is to treat retailers the same as liquor stores. Question: Does the City want to impose additional hours of operation limits? 6 MU210\317\977365.v1-9/19/24 F. Cannabis Events A temporary cannabis event is a gathering organized by a licensed cannabis event organizer that may last for no more than four days. The process for these event coudl generally follow the normal process for handling similar events, but the City could choose to require additional standards for temporary cannabis events, such as prohibiting on-site consumption, limiting the hours or the events, etc. Question: Does the City want to consider additional standards for temporary cannabis events? V. NEXT STEPS Any input provided will be used to draft the ordinances related to cannabis and hemp businesses. Zoning changes must go through the zoning amendment process, while the registration and operational ordinances will follow the general ordinance amendment process. If the OCM updates its draft administrative rules, we will update the City with any additional decision points. Please do not hesitate to reach out with any additional questions or specific concerns. If the Council has additional specific questions in response to the enclosed “model”, please let us know. Otherwise, we will draft ordinances for the city council and/or planning commission to review. DOCSOPEN\KG400\1\970280.v5-9/13/24 ORDINANCE NO. _____________ CITY OF ______ STATE OF MINNESOTA AN ORDINANCE __________________ The City of ______ hereby ordains: SECTION 1. : XX.XX Findings and Purpose The City of ______ makes the following legislative findings: The purpose of this ordinance is to protect the public health, safety, welfare in the City by implementing regulations pursuant to Minnesota Statutes, chapter 342 related to cannabis and hemp businesses within the City. The City finds and concludes that these regulations are appropriate and lawful, that the proposed amendments will promote the community's interest in reasonable stability in the development and redevelopment of the City for now and in the future, and that the regulations are in the public interest and for the public good. XX.XX County to Issue Registrations The City consents to the County of _____ issuing registrations for cannabis businesses and hemp businesses as provided in Minnesota Statutes, section 342.22. XX.XX Definitions The following words, terms and phrases, when used in this _____, shall have the meanings ascribed to them in this _____, except where the context clearly indicates a different meaning: Applicant means an entity with a license 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 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. Commented [JS1]: This “model” ordinance includes language options that can be selected by the City depending on how the city wishes to regulate, cannabis, hemp, and medical cannabis businesses. The language actually presented to the council and planning commission will look much different when in a more final form. Commented [JS2]: This option is only if the city does not want to issue registrations itself. Commented [JS3]: There are included separately for items that only apply to cannabis businesses and not hemp businesses. DOCSOPEN\KG400\1\970280.v5-9/13/24 2 DOCSOPEN\KG400\1\970280.v5-9/13/24 Potential Licensee means an applicant that has not received a license from the OCM. XX..XX Certification of Cannabis Businesses License Application XX.XX 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. XX.XX Potential licensees are responsible for requesting and scheduling any inspections related to building and fire code. Potential licensees may contact the City to have inspections conducted prior to the City receiving the request for certification from the OCM. Building and fire code inspections will be valid for XX days from completion. If a potential licensee is not able to have any building or fire code inspection complete within the 30 days allowed under the statute, the City will not certify the application. XX.XX Retail Registration of Cannabis Businesses XX.XX Retail Registration Required. Before making retail sales to customers or patients, a Cannabis Retailer must register with the City. Making retail sales to customers or patients without an active registration is prohibited. XX.XX Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the city may impose a civil penalty, as specified in the City’s Fee Schedule, for making a sale to a customer or patient without a valid registration from the City and a valid license from the OCM. XX.XX Timeline for Approval. Registrations will be issued within XX days of the City deeming the application complete. Applications will be considered complete when all materials in Section XX.XX are received by the city and include all required information and the fee described in Section XX.XX is received. If the City determines that the application is incomplete, it shall notify the application within XX days of receipt. XX.XX Fee Required. A) At the time of initial application, and prior to the City’s consideration of any application, each Retailer must submit: a. An initial registration fee, as established in the City’s fee schedule. b. A renewal fee for the first year, as established in the City’s fee schedule. B) Following the second full-year of registration, a renewal fee, as established in the City’s fee schedule, must be paid prior to the City issuing any renewal registration. C) Application fees, initial registration fees and renewal registration fees are nonrefundable. XX.XX Processing Registrations. Commented [JS4]: This can be any person or could be the Council, but note that the city only has 30 days to send the certification back to the OCM. Commented [JS5]: This may be helpful for both the City and businesses to have this completed outside of the 30 day period after the OCM sends the request for certification. This section can be amended or removed if the city does not want to include a length of time before or after approval during which the inspection will be ‘good’ for. Commented [JS6]: This is optional, but provides structure to this otherwise unstructured process. DOCSOPEN\KG400\1\970280.v5-9/13/24 3 DOCSOPEN\KG400\1\970280.v5-9/13/24 (A) Applications will be processed on a first-come, first-served basis based on the City receiving a complete application and payment of all fees. (B) The date a certification under XX.XX is issued will have no impact on the applicant’s registration processing. (C) Once an application is considered complete, the City Clerk shall inform the applicant as such, process the application fees, and forward the application to the [insert authority] for approval or denial. XX.XX Retail Registration Limits A) The City will issue one registration per 12,500 residents in the City, except that the City will not issue any registrations if there is one registration per 12,500 residents in ____ County. B) The number of registrations available will be calculated by dividing the State Demographer’s estimate of the City’s population by 12,500 and rounding up to the nearest whole number. C) The City will update the number of registrations available based on the most recent data available from the State Demographer on January 1 and June 1 each year. D) The number of registrations in the County will be based on the number of registrations in the County on the day the application is received/the [-1 from deadline] day the application is received. E) If the number of registrations available within the City decreases based on the County reaching the one per 12,500 threshold or the City’s population decreases below a previous threshold, businesses with current registrations will be allowed to maintain and renew their registrations but no new registration will be issued. F) Registrations issued to businesses with a license preapproval will count toward the City’s registration limit. G) Businesses operating under a tribal compact entered into under Minnesota Statutes, section 3.9224 or 3.9228 and tribally issued licenses and registrations are/are not counted towards the City’s registration limit and the County registration limit. XX.XX Application. The applicant must submit a registration application or renewal form provided by the City. The form may be amended from time to time by the City Administrator, but must include or be accompanied by: A) Name of the property owner B) Name of the applicant C) Address and parcel ID for the property for which the registration is sought D) Certification that the applicant complies with the requirements of this Chapter E) The fees as described in XX.XX. F) Proof of taxes, assessments, utility charges of other financial claims of the city of the state are current. G) A copy of a valid state license or written notice of OCM license preapproval H) [insert other standards] Commented [JS7]: This process could be based on other factors, but first come, first served seems the simplest if there is a registration cap Commented [JS8]: Optional Commented [JS9]: The administrative rules provide that the city’s estimates shall be determined by the “most recent population estimates from the Minnesota State Demographer.” This may imply that the city would need to update the number as soon as the estimates are released, but including this provision seems like a good idea to put some order to this process. Commented [JS10]: I recommending including the date the City will receive/check the data from the County. Commented [JS11]: This provides businesses with the ability to continue operating should the city’s population estimate fall below a threshold. This is not required but would result in less confusion. Commented [JS12]: This is not addressed in the rules or statute. This addresses a situation where a business receives a license preapproval (which is good for 18 months) and that business registers with the City. During that 18 months, no businesses could register and operate. The alternative would be to have a business with an actual license supplant a license preapproval which might not be allowed. Commented [JS13]: City may, but are not required to count these businesses towards a registration limit. Determining this on the front end will help address questions. DOCSOPEN\KG400\1\970280.v5-9/13/24 4 DOCSOPEN\KG400\1\970280.v5-9/13/24 XX.XX Preliminary Compliance Check. The City shall conduct a preliminary compliance check to ensure compliance with this Chapter and any other regulations established pursuant to Minnesota Statutes, section 342.13. XX.XX Reasons for Denial. The City shall not issue a registration or renewal if any of the following conditions are true: A) The applicant has not submitted a complete application. B) The applicant does not comply with the requirements of this Chapter. C) The applicant does not comply with applicable zoning and land use regulations. D) The applicant is found to not comply with the requirements of the Act or this Chapter at the preliminary compliance check. E) The maximum number of registrations, pursuant to Section XX.XX, have been issued by the City or the County. F) The applicant does not have a valid license from the OCM. XX.XX Issuing the Registration or Renewal. The City shall issue the registration or renewal if the Retailer meets the requirements of this article, including that none of the reasons for denial in Section XX.XX are true. XX,XX Nontransferable. A registration is not transferable. XX.XX Location Change. A registered business that wishes to move locations within the City must submit the new proposed location to the City as part of a new application for registration / on a form provided by the City, including a certification that the location meets all zoning requirements. Such change will be approved provided that it complies with XX.XX (issuing the registration or approval) and there are no other grounds for denial as described in XX.XX. XX,XX Registration Enforcement. A) Generally. The City Council may suspend a registration under this Chapter on a finding that the registered business has failed to comply with the requirements of this Chapter and any applicable city code requirements related to cannabis and hemp businesses. B) Notice and Right to Hearing. Prior to imposing a fine, suspending, revoking, or not renewing any registration under this chapter, the City shall provide the registered business with written notice of the alleged violations and inform the registered business of his or her right to a hearing on the alleged violation. 1. Notice shall be delivered in person or by regular mail to the address of the registered business and shall inform the registered business of its right to a hearing. The notice will indicate that a response must be submitted within ten (10) business days of receipt of the notice, or the right to a hearing will be waived. 2. The registered business will be given an opportunity for a hearing before the city’s [HEARING OFFICER] before final action to fine, suspend, revoke, or Commented [JS14]: This is separate from the inspection adopted as part of the certification. The first certification inspection would be to confirm compliance with zoning and building and fire code provisions. This registration would be to conduct a compliance check on any standards adopted pursuant to Minn. Stat. 342.13 (zoning; time, place, and manner; hours of operation, etc.) Commented [JS15]: If applicable Commented [JS16]: The City can either require a complete new application or could only require the applicant to update certain information. Commented [JS17]: The City could choose to model this process off of its tobacco or liquor code to keep things simple. The most process that may still change based on updates to administrative rules is any immediate suspension under the section currently titled “Emergency”. DOCSOPEN\KG400\1\970280.v5-9/13/24 5 DOCSOPEN\KG400\1\970280.v5-9/13/24 not renew a registration. Provided, the registered business has submitted a written application for appeal within 10 business days after the notice was served. The [HEARING OFFICER] shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to fine, suspend, revoke, or not renew the registration only upon written findings. Within 10 business days of the [HEARING OFFICER’S] order, the decision may be appealed to the City Council. 3. If no request for a hearing is received within ten (10) days following the service of the notice, the matter shall be submitted to the City Council for imposition of the fine, suspension, revocation, or non-renewal. C) Emergency. If, in the discretion of the City, a registered business poses an imminent threat to the health or safety of the public, the City may immediately suspend the registration and provide notice of the right to hold a subsequent hearing as prescribed in part (2) of this section. D) Reinstatement. The City may reinstate a registration if it determines that the violations have been resolved. The City shall reinstate a registration if the OCM determines the violations have been resolved. XX.XX Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the City may impose a civil penalty, as specified in the City’s Fee Schedule, for making a sale to a customer or patient without a valid registration from the City and a valid license from the OCM. XX.XX Compliance Checks The City shall complete at minimum one compliance check per calendar year of every registered business to assess if the business meets age verification requirements, as required under [Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24] and any applicable cannabis or hemp regulations adopted by the city. The City shall conduct at minimum of at least one unannounced age verification compliance check per calendar year. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the City. Any failures under this section are a basis for enforcement action and must be reported to the OCM. XX.XX Hours of Operation. Cannabis Retailers are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of (insert time here) and (insert time here). Commented [JS18]: This is not specifically addressed in statute or rules, but generally, a violation of city code is subject to the general penalty or administrative citation provisions. Commented [JS19]: Under statute, retail cannabis businesses may operate from 8:00 am-2:00 am Monday-Saturday and 10:00 am-2:00 am on Sunday. The City can limit the hours of operation between 10:00 am-9:00 pm. seven days a week. DOCSOPEN\KG400\1\970280.v5-9/13/24 6 DOCSOPEN\KG400\1\970280.v5-9/13/24 XX.XX Advertising. Signage is subject to the City’s sign code (insert citation) with the addition of the following: Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the building or property of the business. XX.XX Additional Requirements for Hemp Businesses [insert as applicable] Examples: - Only on -site - Only off-sale - Additional storage requirements - XX.XX Additional Time, Place, and Manner - [insert as necessary] XX.XX Administration and Enforcement Any violation of the provisions of this Chapter or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance. Violations of this Chapter may also be addressed under City Code, section XX.XXX – Administrative Penalties. XX.XX Severability If any section, clause, provision, or portion of this ______ is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ________ shall not be affected thereby Commented [JS20]: See 342.62, subd. 4 https://www.revisor.mn.gov/statutes/cite/342.64#stat.34 2.64.2 Commented [JS21]: These are optional. Cities may have more leeway in including additional restrictions on hemp businesses. These could be incorporated here or throughout an ordinance. Commented [JS22]: This is a placeholder for other regulations the might be imposed that are specific to the city. Commented [JS23]: Applicable if the City has an administrative citation code. DOCSOPEN\KG400\1\970280.v5-9/13/24 7 DOCSOPEN\KG400\1\970280.v5-9/13/24 XX.XX Temporary Cannabis Events (A) License/Permit Required. A license/permit is required to be issued and approved by the City prior to holding a Temporary Cannabis Event held by a licensed Cannabis Event Organizer, as defined and provided for in Minnesota Statutes, Chapter 342. (B) Registration & Application Procedure. A registration fee, as established in the City’s fee schedule, shall be charged to applicants for Temporary Cannabis Event permits/licenses. (C) Application Submittal & Review. An applicant must submit an application for city approval of a temporary cannabis event permit on a form provided by the city clerk. The application may be amended from time to time but shall include or be accompanied by: i. Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. iii. (Insert additional standards here) iv. the application fee as required in (insert code section); v. a copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2. The application shall be submitted to the (insert local authority), or other designee for review. (D) The application shall be submitted to the city clerk, or other designee for review. The application will be consider complete when the application form is submitted with all of the required information included and application fee paid. If the submitted application is incomplete, the city clerk shall return the application to the applicant with the notice of deficiencies. (E) Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the application to the (insert staff/department, or elected body that will approve or deny the request) for approval or denial. (F) The application fee shall be non-refundable once processed. (G) The application for a license for a Temporary Cannabis Event shall meet the following standards: i. [Insert standards here] (H) A request for a Temporary Cannabis Event permit/license that meets the requirements of this Section shall be approved. (I) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The (insert city/town/county) shall notify the applicant of the standards not met and basis for denial. (J) Temporary cannabis events are prohibited on City property/shall only be held at (insert local place). Commented [JS24]: If the City has an events ordinance, this section may be placed there. Commented [JS25]: Requiring an additional permit is optional. It may be easier to base on each city’s own code. This language is taken almost directly from the OCM model. Commented [JS26]: Optional DOCSOPEN\KG400\1\970280.v5-9/13/24 8 DOCSOPEN\KG400\1\970280.v5-9/13/24 (K) Temporary cannabis events shall only be held between the hours of (insert start time) and (insert stop time). (L) Pursuant to Minnesota Statutes, section 342.40, subd. 8, the City (prohibits/permits may approve) on-site consumption of certain cannabis and hemp products, as provided in Minn. Stat. 342.40, subd. 8. Subject to the following conditions: i. [insert conditions] Commented [JS27]: Optional Commented [JS28]: Cities may prohibit, permit, or restrict on-site consumption of cannabis and hemp products at a cannabis event. Commented [JS29]: These definitions can also be consolidated. For example, Cannabis Microbusiness: Retail; Cannabis Mezzobusiness Retail; Medical Combination Business; and Cannabis Retailer can be consolidated into a definition (e.g., Cannabis Retail Business). DOCSOPEN\KG400\1\970280.v5-9/13/24 9 DOCSOPEN\KG400\1\970280.v5-9/13/24 Performance Standards XX.XX Definitions The following words, terms and phrases, when used in this _____, shall have the meanings ascribed to them in this _____, except where the context clearly indicates a different meaning: Applicant means an entity with a license issued by the OCM that is applying for an initial registration or the renewal of a registration. The Act means Minnesota Statutes, Chapter 342, as is may be amended from time to time. Cannabis Business has the same meaning as in the Act. Hemp Business has the same meaning as in the Act. Cannabis Retailer means every business that is licensed under the Act and required to register with the City under Minnesota Statutes, section 342.22. OCM means the Office of Cannabis Management Potential Licensee means an applicant that has not received a license from the OCM. School means a public school, as defined in section 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic school, or church or religious organization in which a child is provided instruction in compliance with this section and section 120A.24, but does not include a home school. Day Care means a location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day Residential Treatment Facility has the same meaning as “Residential Treatment” as defined under Minnesota Statutes, section 245.462 subdivision 23. Park Feature means an attraction within a public park that is regularly used by minors, including a playground or athletic field. (These include, XX / are designated on a city map) XX.XX Distance Requirements (A) The City prohibits the establishment and operation of cannabis businesses as follows: • 1,000 from a School • 500 feet from a Day Care • 500 feet from a Residential Treatment Facility • 500 feet from an attraction with a Park Feature Commented [JS30]: Statute and admin. rules do not define “school”. The model ordinance includes: Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24. This proposed definition is more specific and aligns with the definition of school for the purposes of “compulsory attendance” under Minn. Stat. 120A.22, subd. 4 (https://www.revisor.mn.gov/statutes/cite/120A.22#stat. 120A.22.4) Commented [JS31]: Statute and admin. rule do not define this term. This definition comes from the model ordinance and can be amended if desired by the City. Commented [JS32]: This is not defined in statute or administrative rule. This definition comes from the model ordinance. Commented [JS33]: An easy way to deal with this is to have the city adopt a map showing where these “features” are located to avoid any confusion as to what counts. DOCSOPEN\KG400\1\970280.v5-9/13/24 10 DOCSOPEN\KG400\1\970280.v5-9/13/24 • X feet from another Cannabis Business (B) The City prohibits the establishment and operation of hemp businesses / (hemp manufacturers / on-site hemp / off-sale): • 1,000 from a School • 500 feet from a Day Care • 500 feet from a Residential Treatment Facility • 500 feet from an attraction with a Park Feature • X feet from another Hemp Business (C) Distances will be measured from _______ (D) Nothing in this Section XX.XX shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a (school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors) moves within the minimum buffer zone. Commented [JS34]: Statute does not specifically address establishing buffers for hemp businesses, therefore, these may be impacted by future amendments to Minnesota Rules and statute. Commented [JS35]: I recommend using whatever measuring system the City already uses. Commented [JS36]: This section would help to address future conflicts should a protected use (e.g., daycare) decided to locate within an established buffer. DOCSOPEN\KG400\1\970280.v5-9/13/24 11 DOCSOPEN\KG400\1\970280.v5-9/13/24 XX,XX Home Occupations Cannabis businesses, as defined in Minnesota Statutes, section 342.01 shall not be permitted as home occupations. Commented [JS37]: Draft Rules 9810.1100 subd. subd. 4 (PDF page 23) provides that no action that requires a license under Chapter 342 requires a license. DOCSOPEN\KG400\1\970280.v5-9/13/24 12 DOCSOPEN\KG400\1\970280.v5-9/13/24 Zoning Code General Definition Additions Cannabis cultivation business means a business with a cannabis cultivator license, medical cannabis cultivator license, or cultivation endorsement from the State of Minnesota Office of Cannabis Management. Cannabis delivery business means a business with a cannabis delivery service license or delivery service endorsement from the State of Minnesota Office of Cannabis Management. Cannabis event organizer means a business with a cannabis event organizer license or event organization endorsement from the State of Minnesota Office of Cannabis Management. Cannabis manufacturing business means a business with a cannabis manufacturer license, or manufacturing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis retailer means a business with a cannabis retailer license, medical cannabis retailer license, lower-potency hemp edible retailer license, or retail endorsement from the State of Minnesota Office of Cannabis Management. Cannabis testing business means a business with a cannabis testing facility license or testing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis transportation business means a business with a cannabis transporter license or transportation endorsement from the State of Minnesota Office of Cannabis Management. Cannabis wholesaling business means a business with a cannabis wholesaler license or wholesaling endorsement from the State of Minnesota Office of Cannabis Management. Lower-potency hemp edible retailer means a business with a lower-potency hemp edible retailer license from the Office of Cannabis Management. Lower-potency hemp edible manufacturer means a business with a lower-potency hemp edible manufacturer license from the Office of Cannabis Management. Commented [JS38]: If a city is going to designate zoning districts for these businesses then these definitions can be added to the general definitions section of the zoning code. DOCSOPEN\KG400\1\970280.v5-9/13/24 13 DOCSOPEN\KG400\1\970280.v5-9/13/24 Zoning – Designating Zones Cannabis cultivation business subject to the requirements of City Code, section XX.XX Cannabis delivery business subject to the requirements of City Code, section XX.XX Cannabis event organizer subject to the requirements of City Code, section XX.XX Cannabis manufacturing business subject to the requirements of City Code, section XX.XX Cannabis retailer subject to the requirements of City Code, section XX.XX Cannabis testing business subject to the requirements of City Code, section XX.XX Cannabis transportation business subject to the requirements of City Code, section XX.XX Cannabis wholesaling business subject to the requirements of City Code, section XX.XX Lower-potency hemp edible retailer subject to the requirements of City Code, section XX.XX Lower-potency hemp edible manufacturer subject to the requirements of City Code, section XX.XX . Commented [JS39]: If the city chooses to designate districts and not rely on underlying use classifications, then terms can be added to the permitted, conditional, or interim uses, as applicable, in the zoning code. Commented [JS40]: This should be the “performance standards” section. DOCSOPEN\KG400\1\970280.v5-9/13/24 14 DOCSOPEN\KG400\1\970280.v5-9/13/24 SECTION X. INTERIM ORDINANCE TERMINATION. Upon the Effective Date of this Ordinance,______ Interim Ordinance shall automatically terminate. SECTION X. EFFECTIVE DATE. This ordinance shall take effect following its passage and publication in accordance with state law. www.publichealthlawcenter.org September 2024 This model ordinance was prepared to assist Minnesota counties and cities interested in establishing local regulation of cannabis and lower-potency hemp edible retailers. Edible hemp products containing intoxicating levels of THC were legalized for manufacture and sale in Minnesota on July 1, 2022. Cannabis use was legalized on Aug. 1, 2023, and it is anticipated that cannabis retail establishments will be licensed for sales sometime in 2025. All cannabis retailers or cannabis businesses that are permitted to engage in retail sales, will be required to secure a license from the Office of Cannabis Management and register with their local unit of government before sales are allowed. Updates to the 2023 cannabis legalization law were made by the Minnesota Legislature in 2024 to allow the Office of Cannabis Management (OCM) to “preapprove” licenses for certain cannabis businesses July 24, 2024, through A Model Ordinance for Minnesota City Retailers LOWER-POTENCY HEMP EDIBLES & CANNABIS CANNABIS www.publichealthlawcenter.org 2Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers August 12, 2024. Full licensing of cannabis businesses and hemp businesses will occur after rulemaking is completed in 2025. Hemp businesses, including lower-potency hemp edible retailers, are currently required to register with the state; the requirement to register with the Minnesota Department of Health began Oct. 1, 2023, and the authority over these registrations transferred to OCM beginning July 1, 2024. Since legalization, some local governments have enacted moratoria, licensing, and other ordinances to regulate cannabis businesses and lower- potency hemp edible retailers. State law requires that -local moratoria and licensing over these entities must expire on January 1, 2025. Local units of government are required to register cannabis and lower-potency hemp retailers that are pre-approved for licenses and licensed by the state. While local units of government do not have licensing authority, they may use their registration authority as a framework to set local regulations for the sale of these products through authority granted in the state cannabis law, their authority to regulate to protect the general health, safety, and welfare of the community, and, in some cases, their public health authority. From a public health standpoint, local units of government may wish to explore these other areas of regulatory authority that may be aimed at reducing youth exposure and access, in addition to other areas that emphasize public health and prevention surrounding the sale of adult-use cannabis and lower-potency hemp edibles. While hemp businesses are subject to OCM licensing requirements, they are not explicitly included in all aspects of the “cannabis business”1 regulatory scheme. As such, local governments may have broader authority to regulate hemp businesses more stringently beyond the time, place, and manner restrictions prescribed for the regulation of cannabis businesses by local units of government. However, local units of government are not allowed to outright prohibit cannabis and hemp businesses. It is important to note that local regulation of the retail sale of cannabis and lower-potency hemp edibles is untested in Minnesota courts. While the law is clear about some areas of local regulation that are permitted and not permitted, there is ambiguity in the law. For more information on authority for local regulation of the retail sale of cannabis, please see the Public Health Law Center’s resources: Minnesota Regulation of Legalized Cannabis: FAQ Public Health Options and Minnesota’s New Cannabis Law. A jurisdiction planning to adopt this model ordinance, in whole or in part, should first review it with its attorney to determine suitability for the jurisdiction’s circumstances. The city or county attorney should review the planned ordinance to ensure it conforms to applicable state and federal laws. 1 Cannabis businesses are defined to include the cannabis-specific businesses that will be licensed under the law, including cannabis microbusinesses, mezzobusinesses, cultivators, manufacturers, retailers, wholesalers, trans- porters, testing facilities, event organizers, delivery services, and medical cannabis combination businesses. Minn. Stat. § 342.01, subd. 14 September 2024 www.publichealthlawcenter.org 3Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Tips for Using This Model Ordinance This model ordinance represents a balance between state standards, best public health policy practices, and practicality for city governments in Minnesota. Communities will differ on their readiness and willingness to adopt certain policy components contained in this model ordinance and, therefore, may or may not choose to adopt policies that may go beyond minimum state requirements. As noted above, some of these provisions would apply only to those selling lower-potency hemp edibles, some will apply only to cannabis retailers, and some will apply to both types of retailers. This is a summary of each category: Provisions that would apply only to lower-potency hemp edible retailers: z Limiting the number of lower-potency hemp edible retailers in a jurisdiction and regulating the distance between these retailers and youth-oriented facilities (see Registration Cap for Lower-Potency Hemp Edible Retailers and Cannabis Retailers on page 14). z Restricting the sale of lower-potency edibles to retail locations in which only persons 21 years and older are permitted, or restricting sales to cannabis retailers; z Requiring lower-potency hemp beverages to be prohibited in self-service displays as is already the case under state law regarding non-beverage lower-potency hemp edibles. z Establishing a minimum clerk age for employees selling lower-potency hemp edibles and beverages. z Prohibiting pharmacies from selling lower-potency hemp edible products. z Requiring products only be sold in child-resistant packaging. z Prohibiting sales of beverages for on-site consumption that are removed from their original packaging. z Prohibiting sales of products that may be added to food or beverages. z Prohibiting on-site consumption of lower-potency hemp edibles. Provisions that would apply only to cannabis retailers: z Prohibiting the sale of flavored products that are consumed by smoking or vaping. z Restricting the hours of operation. z Restricting the sale of higher-potency products. September 2024 www.publichealthlawcenter.org 4Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Provisions that apply to both lower-potency hemp edible retailers and cannabis retailers: z Raising the minimum legal sales age to 25. z Restricting the redemption of coupons, and other price promotions. z Prohibiting the delivery and/or online sales of cannabis and lower-potency hemp edible products. z Prohibiting the distribution of free samples of cannabis and lower-potency hemp edibles. z Prohibiting all smoking within the retail establishment. Some provisions in this ordinance mirror the state law requirements while other provisions are more protective than the state law. Public health provisions that strictly conform to the state law are highlighted in green  and public health provisions that exceed state law are highlighted in orange . Provisions that are primarily structural or necessary for the operation of the ordinance are not highlighted. This model ordinance includes provisions that mirror state law, which enables local enforcement actions along with the state OCM enforcement of such provisions. City and County Authority to Register and Regulate Cannabis and Lower-Potency Hemp Edible Retailers State law allows cities and townships to delegate to the county their authority to register cannabis and lower-potency hemp edible retailers. (Minn. Stat. § 342.22, subd. 1) Counties will be responsible for the registration of retailers in any unincorporated area of the county and in any local units of government within the county that choose to delegate their registration authority. Along with registration authority, counties have the authority to regulate such businesses under the public health authority granted to them by the state under Minn. Stat. Chapter 145A. State law allows cities and towns to enact stronger protections than the county, but they cannot have policies less restrictive than those counties enact under their public health authority. Cities or towns using this model policy should review any county requirements to ensure conformity or identify opportunities to enact more protective regulations. Customizing the Ordinance Context boxes are included throughout the ordinance to explain some key provisions. These boxes are not meant to be included in any final ordinance. A local unit of government wishing to adopt all or part of this ordinance should keep this in mind and remove the context boxes. September 2024 www.publichealthlawcenter.org 5Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers In some instances, blanks (such as [ ____ ]) prompt you to customize the language to fit your community’s needs. In other instances, the ordinance offers you a choice of options (such as [ choice one/choice two ]). Some options are followed by a comment that describes the legal provisions in more detail. A degree of customization is always necessary to make sure the ordinance is consistent with a community’s existing laws. Such customization also ensures that communities are using this model ordinance to address local needs and engender health equity. Immigration Impacts of Cannabis and Lower-Potency Hemp Edibles Use or Sale Federal law still prohibits and criminalizes the sale, use, possession, or growing of cannabis, despite Minnesota’s decriminalization and legalization. As such, anyone who is not a U.S. citizen and who possesses, uses, sells, grows, or interacts in any way with cannabis or works in the cannabis industry may face severe immigration consequences, including the loss of legal permanent residency or other immigration status, or their removal or deportation from the United States. (8 U.S.C. § 1182(a)(2); 8 U.S.C. § 1227(a)(2)(B)(1); 8 U.S.C. § 1227(a)(1)) According to the Immigrant Law Center of Minnesota, even lower-potency hemp edibles may trigger some immigration consequences. Unfortunately, most non-citizens are not aware of these risks, particularly in states that have decriminalized or legalized cannabis. Prior to issuing a registration, state and local governments are encouraged to alert registrants, registration applicants, and their employees that there are immigration risks for non-citizens who interact with cannabis or the cannabis industry and that these risks exist regardless of any local or state license or registration. Registrants who employ or contract with non-citizens for any task related to their cannabis business may put those non-citizen employees and their family members at risk of losing their legal status or facing deportation from the United States. This is the case even for those non-citizens who work with employment authorization granted by the U.S. Department of Homeland Security. The Immigrant Law Center of Minnesota provides background information that could be incorporated into an information notice to be disseminated by the local offices that process cannabis retail establishment registrations. The information is available in several languages. Please contact the Immigrant Law Center of Minnesota for further information. For an example of such an information notice from the State of California, see Non-U.S. Citizen Referral Process and Possible Legal Consequences when Working in the Cannabis Industry. September 2024 www.publichealthlawcenter.org 6Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Notice For Cities This ordinance is drafted in the form prescribed by state law for statutory cities. Statutory cities must publish their ordinances — or a summary thereof — in the city’s official newspaper before they become effective. Home rule charter cities may have to follow the formatting and other procedural requirements found in their city’s charter. Charter cities should consult their charter and their city attorney to ensure they are in compliance with all charter requirements. All cities must provide copies of their ordinances to their county law library or its designated depository pursuant to Minn. Stat. § 415.021. Additionally, Minn. Stat. § 415.19 requires statutory and home rule charter cities to post proposed new ordinances and ordinance amendments on the city website at least 10 days prior to a final vote by the city council, if the city already posts ordinances on its website. Under the same statute, within 10 days of a final vote, cities must also provide this same notice to all city listserv subscribers via their electronic notification system or, if the city does not have an electronic notification system, in the location where the city posts public notices. Note While the Public Health Law Center does not lobby, advocate, or directly represent communities, adopting effective public health policies starts early with education, stakeholder and community engagement, and a strong advocacy plan. If a community is unaware of resources available to them for engaging the community and developing an advocacy plan, or if a jurisdiction is considering adopting an ordinance and is interested in learning about the range of resources available, the Public Health Law Center can help through our publications and referrals to experts in the field. This model ordinance was prepared by the Public Health Law Center, located at the Mitchell Hamline School of Law in St. Paul, Minnesota, and made possible by the financial support of the Center for Prevention at Blue Cross & Blue Shield of Minnesota. September 2024 www.publichealthlawcenter.org 7Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers ORDINANCE NO. [ _________ ] AN ORDINANCE REGULATING THE RETAIL SALE OF CANNABIS AND LOWER-POTENCY HEMP EDIBLES WITHIN THE [ CITY OF _________ ], MINNESOTA THE [ CITY COUNCIL OF THE CITY OF _________ ] DOES ORDAIN: Section 1. Findings of Fact. 8 Section 2. Authority and Jurisdiction. 8 Section 3. Definitions. 8 Section 4. Registration and Operations of Registered Retailers. 12 Section 5. Fees. 15 Section 6. Basis for Denial of Registration 15 Section 7. Prohibited Sales and Other Restrictions. 16 Section 8. Temporary Cannabis Events. 26 Section 9. Compliance Checks and Inspections. 26 Section 10. Responsibility. 27 Section 11. Defenses. 27 Section 12. Violations, Penalties, and Administrative Hearings. 28 Section 13. Severability. 30 Section 14. Effective Date. 30 September 2024 www.publichealthlawcenter.org 8Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Section 1. Findings of Fact. Note The Findings Section is important because it provides the evidentiary basis for the proposed cannabis and lower-potency hemp retailer regulations and demonstrates a municipality’s reasoning for adopting specific provisions. Findings of fact could include data, statistics, and relevant epidemiological information, for example, that support the purposes of the ordinance. In addition to providing educational background and building support for the ordinance, the findings can also serve a legal purpose. If the ordinance is challenged in court, the findings are an admissible record of the factual determinations made by the legislative body when considering the ordinance. Courts generally defer to legislative determinations of factual issues and can, in turn, influence a court’s legal findings. A list of Findings of Fact supporting this model ordinance appears in a companion publication on Public Health Law Center’s website titled, Minnesota Findings for Local Regulation of Cannabis and Lower-Potency Hemp Edibles. Jurisdictions may select findings from this list to insert here, along with additional findings on local or regional conditions and outcomes. NOW THEREFORE it is the intent of the City Council, in enacting this ordinance, to regulate the establishment, operations, and sales of cannabis retailers and lower-potency hemp edible retailers located in [ city name ] . Section 2. Authority and Jurisdiction. Authority. The City Council is authorized to adopt this Ordinance by Minnesota Statutes sections 144.417, subd. 4(a), 145A.05, subd. 9, 412.221, 152.0263, subd. 5, Chapter 342, Chapter 412, and any other applicable state law, as may be adopted or amended from time to time. Section 3. Definitions. Except as otherwise provided or clearly implied by context, all terms are given their commonly accepted definitions. For this ordinance, the following definitions apply unless the context clearly indicates or requires a different meaning: Advertisement. Any written or oral statement, illustration, or depiction that is intended to promote sales of approved products or sales at a specific cannabis business or hemp business and includes any newspaper, radio, internet and electronic media, or television promotion; the distribution of fliers and circulars; and the display of window and interior signs in a cannabis September 2024 www.publichealthlawcenter.org 9Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers business. “Advertisement” does not include a fixed outdoor sign that meets the requirements in Minn. Stat. § 342.64, subd. 2, paragraph (b) as amended from time to time. Approved products. Any cannabis plants, cannabis flower, cannabis products, artificially derived cannabinoids, and lower-potency hemp edibles that are a product category approved by the Office of Cannabis Management and that comply with Chapter 342 and rules adopted pursuant to Chapter 342 regarding the testing, packaging, and labeling of cannabis plants, cannabis flower, cannabis products, artificially derived cannabinoids, and lower-potency hemp edibles. “Approved Products” does not include medical cannabinoid products, as defined in Minn. Stat. Ch. 342. Attractive to underage persons. Products that are attractive to individuals under age 21 as described in Minn. Stat. § 342.62, subd. 3, and products prohibited under Minn. Stat. § 342.06 (d), as may be amended from time to time. Child-resistant. Packaging that meets the poison prevention packaging standards in Code of Federal Regulations, title 16, section 1700.15. Compliance checks. The system the city uses to investigate and ensure that those retail establishments authorized to sell approved products and medical cannabinoid products are following and complying with age verification requirements and the requirements of this ordinance. Compliance checks may also be conducted by the city or other units of government for educational, research, and training purposes or for investigating or enforcing state or local laws and regulations relating to approved products. Delivery sale. The sale of any approved products and medical cannabinoid products to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a registered retail establishment. Delivery sale includes but is not limited to the sale of any approved product and medical cannabinoid product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by registered retail establishments or third parties by any means, including curbside pickup. Electronic delivery device. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does not include any nicotine cessation product that has been September 2024 www.publichealthlawcenter.org 10Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act. Flavored product. Any cannabis flower, cannabis product, hemp-derived consumer product or medical cannabinoid product intended to be inhaled as smoke, aerosol, or vapor from the product that: (1) contains any added artificial, synthetic, or natural flavoring, either in the product itself or in its components or parts; (2) presents any descriptor or depiction of flavor that would imply to an ordinary person that the product contains flavors other than the natural taste or smell of cannabis; (3) imparts a taste or smell, other than the taste or smell of cannabis, that is distinguishable by an ordinary consumer prior to or during the consumption of the product; or (4) imparts a cooling, a burning, a numbing, or another sensation distinguishable by an ordinary consumer to impart a flavor other than cannabis either prior to or during the consumption of the product. Lower-potency hemp edible. “Lower-potency hemp edible” as defined in Minn. Stat. § 342.01, subd. 50, as amended from time to time. Lower-potency hemp edible retailer. Any place of business with a preapproved license, license, or endorsement to sell lower-potency hemp edible products to the public from the Office of Cannabis Management and that has a lower-potency hemp edible retail registration from the city. Medical cannabinoid product. “Medical cannabinoid product” as defined in Minn. Stat. § 342.01, subd. 52, as amended from time to time. Medical cannabis combination business. “Medical Cannabis combination business” as described in Minn. Stat. § 342.515, as amended from time to time. Moveable place of business. Any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that is not a fixed address or other permanent type of structure licensed for over-the-counter sales transactions. Pharmacy. A place of business at which prescription drugs are prepared, compounded, or dispensed by or under the supervision of a pharmacist and from which related clinical pharmacy services are delivered. Registered cannabis retail business. Any cannabis business with a preapproved license, license, or endorsement from the Office of Cannabis Management for retail sales of approved products or medical cannabinoid products and that has a retail registration from a local unit of government. Registered retail establishment. Refers to registered cannabis retail businesses, medical cannabis combination businesses with retail sales, and lower-potency hemp edible retailers. September 2024 www.publichealthlawcenter.org 11Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Retail establishment. Any place of business where products are available for sale to the general public. “Retail establishment” includes, but is not limited to, grocery stores, tobacco product shops, convenience stores, liquor stores, gasoline service stations, bars, and restaurants. Sale. Any transfer of goods for money, trade, barter, or other consideration. Sample. Refers to any approved products or medical cannabinoid products that are offered free of charge or for sale at a nominal cost. Self-service display. The open display of approved products or medical cannabinoid products in a retail establishment in any manner where any person has access to the products without the assistance or intervention of the registered retail establishment or its employee and where a physical exchange of the products from the registered retail establishment or its employee is not required to access the products. Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, cannabis, or other substance, whether natural or synthetic, that is intended for inhalation. Smoking also includes carrying or using an activated electronic delivery device. “Smoking” does not include the use of traditional, or sacred, tobacco used by any American Indian, Indigenous, and Alaska Native communities for spiritual and medicinal purposes. Temporary cannabis event. Events described in Minnesota Statutes 342.39 and 342.40, held by an individual or business with a cannabis event organizer license granted by the Office of Cannabis Management, with approval from the city. True party of interest. Any party with ownership or control over the business, as defined in Minn. Stat. § 342.185 subd. 1(g). Vending machine. Any mechanical, electric or electronic, or other type of device that dispenses products upon payment by any form by the person seeking to purchase the product. Youth-oriented facility. Any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or that primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. Youth-oriented facilities includes, but is not limited to, schools, playgrounds, places of worship, recreation centers, and parks. September 2024 www.publichealthlawcenter.org 12Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Municipal Cannabis Retailer Similar to municipal liquor stores, state law allows for local governments to operate municipal cannabis retailer businesses. (Minn. Stat. § 342.32, subd. 5) Operating their own retailer would allow local jurisdictions to better control store location, types of products available, advertising, and marketing while making products available. Any municipal cannabis retailers do not count toward the total number of retailer licenses offered by OCM during a licensing period and the municipal retail license does not count toward any local ordinance capping the number of retailers to no more than 1 per 12,500 residents. (Minnesota Session Laws, 2024 Regular Session, Ch. 121 Art. 2 Sec. 65 creates new Minn. Stat. § 342.32, subd. 7) Section 4. Registration and Operations of Registered Retailers. (A) License required. No person shall sell or offer to sell any approved product or medical cannabinoid product without first having obtained a license or retail endorsement to do so from the Office of Cannabis Management. (B) Registration required. No person shall sell or offer to sell any approved product or medical cannabinoid product without first being granted a registration by the city. Operating a retail establishment without a valid retail registration is a violation of this Ordinance and of Minn. Stat. § 342.22, subd. 5(e) and is subject to a civil penalty of up to $2,000 per violation. Registration State law mandates that cannabis businesses and hemp businesses with retail sales, including lower-potency hemp edible retailers and retail businesses selling medical cannabis, must register with the city, town, or county in which the retail establishment is located. A county may issue a registration in cases where a city or town has provided consent for the county to issue the registration for the jurisdiction. A second registration from the county is not required if a city or town provides the registration. September 2024 www.publichealthlawcenter.org 13Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (C) Application. An application for a registration to sell approved products and medical cannabinoid products must be made on a form provided by the city. The application must contain the full name of the applicant and any true parties of interest, the applicant’s and true parties’ residential and business addresses and telephone numbers, the name of the business for which the registration is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the city will timely review the application. If an application is incomplete, it will be returned to the applicant with notice of the information necessary to make the application complete. (D) Action. The city shall review the application for conformance with this Ordinance and all applicable state and local laws and rules, including but not limited to compliance with local zoning code, building code, and fire code. The city may approve or deny the application for a registration, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. If the city approves the application, the city will issue the registration to the applicant. If the city denies the application, notice of the denial will be given to the applicant along with notice of the applicant’s right to appeal the decision. (E) Term. All registrations issued are valid for one calendar year from the date of issue. (F) Revocation or suspension. Any registration issued may be suspended or revoked following the procedure set forth in Section 12 (A) of this ordinance. (G) Transfers. All registrations issued are valid only on the premises for which the registration was issued and only for the person to whom the registration was issued. The transfer of any registration to another location or person is prohibited. (H) Display. All registrations must be posted and displayed at all times at the registered retail establishment or medial cannabis combination business in plain view of the general public. (I) Renewals. The renewal of a registration issued under this Ordinance will be handled in the same manner as the original application. The request for a renewal must be made at least 30 days but no more than 60 days before the expiration of the current registration. (J) Issuance is privilege and not a right. The issuance of a registration is a privilege and does not entitle the registration holder to an automatic renewal of the registration. September 2024 www.publichealthlawcenter.org 14Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (K) Maximum number of registrations. (1) Lower-potency hemp edible retailer registrations. The maximum number of lower- potency hemp edible retailer registrations issued by the city at any time is limited to [ see “Registration Cap” context box below ]. When the maximum number of registrations has been issued, the city may place persons seeking registration on a waiting list and allow them to apply on a first-come, first-served basis, as registrations are not renewed or are revoked. A new applicant who has purchased a business location with a valid county registration held by a different owner will be entitled to first priority, provided the new applicant meets all other application requirements in accordance with this ordinance. (2) Cannabis retailer registrations. No registrations will be granted after the county or cities within the county have granted at least one registration for every 12,500 residents in the county.  Provisions that exceed state law Registration Cap for Lower-Potency Hemp Edible Retailers and Cannabis Retailers Communities with a higher concentration of cannabis and lower-potency hemp edible retailers within their jurisdiction expose more youth and young adults to commercial cannabis and lower-potency hemp edible marketing, making it easier for them to obtain the products. Additionally, proximity to cannabis retailers is associated with increased harms of cannabis use including, increases in poison control calls, increased cannabis use during pregnancy, cannabis related hospitalization during pregnancy, and an increase of cannabis use in adults and young adults. (.) One way to address retailer density issues is to place a limit or cap on the number of registrations of cannabis retailers and lower-potency hemp edible retailers that may be issued by the city/county. The above provisions would set the maximum number of registrations available for lower-potency hemp edible retailers and sets a limit of one cannabis retailer per 12,500 residents in the county pursuant to Minn. Stat. § 342.13 (j). Note that while state law allows for local governments to limit the number of cannabis and hemp businesses, it does not allow local jurisdictions to outright prohibit cannabis and hemp businesses. (Minnesota Session Laws, 2024 Regular Session, Ch. 121 Art. 2 § 64) September 2024 www.publichealthlawcenter.org 15Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (L) Pharmacies ineligible for registration. No new or renewed registration will be granted to a pharmacy or any retail establishment that operates an on-site pharmacy.  Provision that exceeds state law Section 5. Fees. No registration will be issued under this ordinance until the appropriate registration fees are paid in full. The fees will be established pursuant to Minn. Stat. § 342.22, subd. 2, as amended from time to time. Fee Limits State law limits the registration fees that local jurisdictions may charge for cannabis businesses. This Fees provision reflects and limits fees pursuant to state law. No additional licensing fees may be charged. (See Minn. Stat. § 342.22, subd. 2) Section 6. Basis for Denial of Registration (A) An initial application for registration or a renewal of registration with the city will be denied if: (1) the applicant is under 21 years of age; (2) the applicant does not have a valid retail license, preapproved license, or retail endorsement from the Office of Cannabis Management; (3) the applicant fails to provide any of the information required on the licensing application or provides false or misleading information; (4) the applicant is prohibited by state, or local law, ordinance, or other regulation from holding a registration; or, (5) the applicant fails a pre-application inspection by the [ city/county ] as provided under Minn. Stat. § 342.22, subd. 3(b) as amended from time to time.  Provisions that strictly conform to the state law September 2024 www.publichealthlawcenter.org 16Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (B) If a registration is mistakenly issued or renewed to any person, it will be revoked upon the discovery of ineligibility for registration under this ordinance or state or other local law, ordinance or other regulation. Any revocation will comply with the requirements of Minn. Stat. § 342.22, subd. 5, as amended from time to time. Section 7. Prohibited Sales and Other Restrictions. (A) In general. In addition to the prohibitions and restrictions set forth under Minn. Stat. § 342.46, subd. 7, and Minn. Stat. § 342.27, subd. 12 no registered cannabis retailer, lower- potency hemp edible retailer, or medical cannabis combination business shall sell or offer to sell any approved product or medical cannabinoid product: (1) By means of any type of vending machine.  Provision that strictly conforms to the state law (2) By means of self-service display. All approved products and medical cannabinoid products, including lower-potency hemp beverages, must be stored in a locked case behind the sales counter, in a storage unit, or in another area not freely accessible by the general public. This does not prohibit registered cannabis retailers from displaying single product samples pursuant to Minn. Stat. § 342.27, subd. 5.  Provision that exceeds state law Self-Service Display Prohibition Minn. Stat. § 342.46, subd. 4 requires lower-potency hemp edible retailers to “ensure that all lower-potency hemp edibles, other than lower-potency hemp edibles that are intended to be consumed as a beverage, are displayed behind a checkout counter where the public is not permitted or in a locked case. All lower-potency hemp edibles that are not displayed must be stored in a secure area.” Cities and counties, therefore, may wish to regulate beverages more stringently in the same manner as non-beverage edibles, such that beverages, too, must be displayed behind a checkout counter where the public is not permitted or in a locked case. Additionally, cities/counties could require the products always be stored in a locked case, whether behind the counter or in another area of the store. Similarly, cannabis products for sale by a cannabis retailers must be stored in a secure area, with the exception that the retailer may display one “sample” of each cannabis flower and cannabis product. (See Minn. Stat. § 342.27, subd. 5) September 2024 www.publichealthlawcenter.org 17Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (3) At a moveable place of business. Only fixed location businesses may sell approved products and medical cannabinoid products.  Provision that exceeds state law (4) That does not comply with the packaging and labeling required under Minn. Stat. §§ 342.62 and 342.63 as may be amended from time to time, except that:  Provision that strictly conforms to the state law (a) No lower-potency hemp edible beverage may be sold outside of its original packaging; and, (b) No lower-potency hemp edible product may be sold that does not indicate a single serving by scoring or use of another indicator that appears on the product. If it is not possible to indicate a single serving by scoring or use of another indicator that appears on the product, the lower-potency hemp edible may not be packaged in a manner that includes more than a single serving in each container. (5) By means of delivery sales. All sales of approved products and medical cannabinoid products must be conducted in person, in a registered retail establishment, in over-the- counter sales transactions.  Provisions that exceed state law This does not prohibit sale of medical cannabinoid products by medical cannabis combination businesses by curbside pick-up as allowed in Minn. Stat. § 342.51, subd. 5.  Provision that strictly conforms to the state law Delivery Sales Prohibition State law allows for licensed delivery services to transport and deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable products to customers. (Minn. Stat. § 342.41) Cannabis delivery services are businesses specifically licensed by the Office September 2024 www.publichealthlawcenter.org 18Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Delivery Sales Prohibition (continued) of Cannabis Management. State law prohibits local jurisdictions from outright prohibiting any cannabis businesses. However, cities and counties may have the authority to prohibit delivery sales within their jurisdiction as an effective means of curtailing underage access to approved products. A licensed cannabis delivery business may still be located within the jurisdiction to deliver outside the boundaries of the jurisdiction, where permitted. This approach recognizes the challenges inherent in trying to effectively monitor online retailers and prevent underage access to the vast market of hemp-derived THC products found online, acknowledging that age verification processes do not prevent underage persons from obtaining these and similar products online. (6) By any other means, to any other person, or in any other manner or form prohibited by state or other local law, ordinance provision, or other regulation. (B) Legal age. No person shall sell any approved product to any person under the age of 21. Businesses licensed or endorsed to sell medical cannabinoid products may sell medical cannabinoid products to persons under age 21 who are enrolled in the medical registry program pursuant to Minn. Stat. § 342.24, subd. 1.  Provision that strictly conforms to the state law Minimum Legal Sales Age Higher than Age 21 State law sets a minimum legal sales age for adult-use cannabis and lower-potency hemp edibles at age 21. There is nothing in the law that prohibits a local jurisdiction from setting a higher minimum legal sales age. Evidence supports a higher minimum legal sales age of 25. For instance, frequent cannabis use between the ages of 14 and 21 is associated with lower high school completion and college graduation and subsequent lower income levels at age 25 (reference provided below). If the minimum legal sales age of 25 is enacted, then other provisions should also be adjusted, such as minimum clerk age and store ownership.   If MLSA of 25 is enacted, then other provisions could also be adjusted, such as minimum clerk age and store ownership. Edmund Silins et al., Young Adult Sequelae of Adolescent Cannabis Use: An Integrative Analysis, 1 The Lancet Psychiatry 286-93 (2014), DOI: 10.1016/S2215-0366(14)70307-4;David Fergusson & Joseph Boden, Cannabis Use and Later Life Out- comes, 103Addiction 969-76 (2008), https://pubmed.ncbi.nlm.nih.gov/18482420. September 2024 www.publichealthlawcenter.org 19Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Medical Cannabis Sales to Persons 18 and Older State law allows medical cannabinoids to be sold to persons age 18 and older if they are enrolled in the medical program as a patient or as a caregiver. This provision allows sales of medical cannabinoid products to persons age 18 to 20 by a registered retail establishment that is approved to sell medical cannabinoid products. (C) Age verification. Before any sale of approved products, the registered retail establishment must verify by means of government-issued photographic identification containing the bearer’s date of birth that the purchaser is at least twenty-one (21) years of age.  Provision that strictly conforms to the state law (D) Signage. Notice of the legal sales age, age verification requirement, and possible penalties for underage sales must be posted prominently and in plain view at all times at each location where approved products are offered for sale. The required signage, which will be provided to the retail establishment by the city, must be posted in a manner that is clearly visible to anyone who is, or is considering, making a purchase. (E) No admittance of any person under age 21. No person shall sell or offer for sale any approved products or medical cannabinoid products, except in registered retail establishments that prohibit persons under the age of 21 from entering at all times.  Provisions that exceed state law Businesses licensed or endorsed to sell medical cannabinoid products may allow admittance to persons under age 21 who are enrolled in the medical registry program for the sole purpose of purchasing medical cannabinoid products pursuant to Minn. Stat. § 342.24.  Provision that strictly conforms to the state law (F) Sale of lower-potency hemp edibles restricted to registered cannabis retailers. Lower- potency hemp edibles must only be sold at registered cannabis retail business.  Provisions that exceed state law September 2024 www.publichealthlawcenter.org 20Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (G) Proximity to youth-oriented facilities. No lower-potency hemp edible retailer may be located within [ 1,000 ] feet of a youth-oriented facility, as measured by the shortest line from the property line of the space to be occupied by the proposed licensee to the nearest property line of a youth-oriented facility. (H) Proximity to other registered lower-potency hemp edible retailers or cannabis retailers. No lower-potency hemp edible retailer may be located within [ 2,000 ] feet of any other existing registered lower-potency hemp retailer or registered cannabis retail business, as measured by the shortest line from the property line of the space to be occupied by the applicant for a lower-potency hemp edible registration to the nearest property line of the existing lower- potency hemp edible retailer or registered cannabis retail business. (I) Cannabis retailer distance restrictions. (1) No registered cannabis retail business may be located within 1,000 feet of a school as measured by the shortest line from the property line of the space to be occupied by the proposed retail establishment to the nearest property line of a school. (2) No registered cannabis retail business may be located within 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field, as measured by the shortest line from the property line of the space to be occupied by the proposed retail establishment to the nearest property line of a daycare, residential treatment facility, or attraction within a public park that is regularly used by minors.  Provisions that exceed state law Local Restriction of the Location of Cannabis Retailers State law allows local jurisdictions to set specific minimum distance requirements between the location of cannabis retail businesses and schools, daycares, residential treatment facilities, and attractions within parks that are regularly used by children. (Minn. Stat. § 342.13 (c)). The language here reflects the language in state law. There is not a similar provision in state law limiting the local jurisdictions’ authority to restrict the location of lower-potency hemp edible retailers so there are separate provisions at paragraphs (G) and (H) above prohibiting those businesses from locating within 1,000 feet of a youth-oriented facility and requiring minimum distances between cannabis and lower-potency hemp retailers. The above restrictions do not restrict the location of September 2024 www.publichealthlawcenter.org 21Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Local Restriction of the Location of Cannabis Retailers (continued) medical cannabis combination businesses that sell medical cannabinoid products at retail. A jurisdiction may want to extend these location requirements to those businesses, as well. Note: Some jurisdictions may choose to enact these minimum distance requirements through their zoning code. However, a zoning code may sometimes be subject to discretion by the zoning board to grant zoning variances or other methods to circumvent the intent of these restrictions. As such, setting the minimum distance requirements in the retail sales registration ordinance does not allow for exceptions to the general rule. (J) Cannabis retailer hours of operation. Sales of approved products at a registered cannabis retail business are only allowed between the hours of 10 a.m. and 9 p.m. seven days per week and may not be open to the public or sell any other products at times when the business is prohibited from selling approved products.  Provision that exceeds state law Cannabis Retailer Hours of Operation State law allows local governments to restrict cannabis retailer hours of operation pursuant to Minn. Stat. § 342.27, subd. 7. This provision only applies to registered cannabis retailers. It does not apply to medical cannabis combination businesses nor to lower-potency hemp edible retailers. It could be broadened to apply to lower-potency hemp edible retailers, but that would mean that anyone selling lower-potency hemp edibles would not be able to be open or sell any other products during the mandatory closure period. While this fits with an overall goal of treating the sale of these intoxicating products similarly, it is likely that there will be pushback since lower- potency hemp edibles are currently sold without any restrictions on hours of operation. September 2024 www.publichealthlawcenter.org 22Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (K) Instructional program. Registered retail establishments must ensure that all salesclerks complete a training program on the legal requirements related to the sale of approved products or medical cannabinoid products, and the possible consequences of registration or license violations. Registered retail establishments must maintain documentation demonstrating their compliance and must provide this documentation to the city at the time of renewal, or whenever requested to do so during the registration term. (L) Minimum clerk age. Individuals employed by a registered retail establishment and medical cannabis combination business must be at least 21 years of age to sell approved products and medical cannabinoid products.  Provisions that exceed state law Minimum Age for Clerks State law prohibits cannabis businesses from employing any person under age 21 if the scope of work includes handling cannabis. As such, the law requires that all clerks selling at cannabis retailers would have to be at least 21 to sell products and this provision reflects that requirement (Minn. Stat. § 342.24, subd. 1) Cities and counties may also be interested in establishing a minimum age for employees to sell lower-potency hemp edibles at registered retail establishments. In the commercial tobacco control context, the tobacco industry has acknowledged that peer pressure facing young clerks from their underage peers seeking to purchase products at the counter plays a role in youth access. Establishing a minimum clerk age addresses the peer pressure issue and youth access. This sample language allows individuals under minimum clerk age to work for a lower-potency hemp edible retailer but not engage in sales of approved products. For example, a 20-year-old clerk employed at a grocery store may sell potato chips and soda to a customer, but not lower-potency hemp edibles (including beverages) that are also offered for sale at the same retail establishment. (M) Samples prohibited. No samples of any approved products or medical cannabinoid products may be distributed free of charge or at a nominal cost. The distribution of approved products or medical cannabinoid products as a free donation is prohibited.  Provision that exceeds state law September 2024 www.publichealthlawcenter.org 23Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Prohibiting Free Samples and the Sampling of Approved Products in Retail Settings Under Minn. Stat. § 342.46, subd. 7, lower-potency hemp edible retailers are prohibited from distributing or allowing free samples of lower-potency hemp edibles, except when the business is licensed to permit on-site consumption and samples are consumed within its licensed premises. A provision prohibiting all samples would be more protective of public health than state law. State law also prohibits cannabis retailers from “giving away” cannabis products. (342.09, subd. 1 (b)(8)) While it is unclear whether this provision in state law prohibits giving away products for a nominal cost, as well, local jurisdiction can make clear that no samples are allowed with the provision included in this model ordinance. (N) Smoking prohibited. Smoking is prohibited within the indoor area of any registered retail establishment. (O) On-site consumption prohibited. No registered retail establishment may allow on-site consumption of lower-potency hemp edible products on the premises. (P) Sale of other products. Registered cannabis retail businesses and medical cannabis combination businesses are limited to selling only the products allowed under Minn. Stat. § 342.27 subd. 3 as amended from time to time. The sale of any products other than approved products by registered retailers must comport with all requirements of state law. (Q) Child-resistant packaging. All sales of any approved products and medical cannabinoid products must be packaged in child-resistant packaging. Upon request by the city, a registered retail establishment must provide a copy of the certificate of compliance or full laboratory testing report for the packaging used.  Provisions that exceed state law Note Cannabis retailers are limited in the products they are allowed to sell under state law. (Minn. Stat. § 342.27, subd. 3) Limiting the availability and exposure to lower-potency hemp edibles to cannabis retailers would reduce youth access and would reduce exposure and marketing of the products at the point of sale. September 2024 www.publichealthlawcenter.org 24Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (R) Advertising restrictions. Registered retail establishments must follow all advertisement restrictions pursuant to Minn. Stat. § 342.64, as amended from time to time. (S) Products that are attractive to underage persons. No person shall sell or offer for sale any approved products and medical cannabinoid products that are attractive to underage persons.  Provisions that strictly conform to the state law Products that are attractive to children Prohibiting products that are intentionally designed and marketed to attract youth has strong potential to subvert youth initiation and use of these products. State law prohibits products that resemble commercially available food product or is “designed to appeal to persons under age 21.” (Minn. Stat. § 342.62, subd. 3) The law specifically prohibits the Office of Cannabis Management from approving products that is or appears to be a lollipop or ice cream; bears the likeness or contains characteristics of a real or fictional person, animal, or fruit; are modeled after a type or brand of products primarily consumed by or marketed to children; are similar to certain food products; or are added to a finished food product that does not contain cannabinoids. (Minn. Stat. § 342.06 (d)) Given that many edible products are marketed as gummies and other food products attractive to youth, it is important to ensure these products do not portray images containing cartoons, toys, robots, real or fictional animate creatures, or any likenesses to images, characters, or phrases commonly used to advertise to youth. This includes products that imitate packaging or labeling for candy, cereals, sweets, chips or other foods typically marketed to youth. (T) Coupon and price promotion. No registered retail establishment may accept or redeem any coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any approved products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or on any shelving, posting, advertising, or display at the location where the item is sold or offered for sale, including all applicable taxes.  Provision that exceeds state law September 2024 www.publichealthlawcenter.org 25Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Product Discounts The price of these cannabis and lower-potency hemp edible products, like any product promotion strategy, directly affects consumption levels, particularly among price-sensitive consumers, such as people with lower incomes, including youth and young adults. For example, the commercial tobacco industry devotes billions of dollars per year to innovative pricing strategies designed to entice new customers to purchase their products and to discourage current users from quitting. Jurisdictions, in turn, can prohibit the redemption of such price promotions and coupons to negate industry discount marketing strategies, which has been shown in the commercial tobacco control space to be an effective point-of-sale regulation in curbing youth initiation and use. Note: This provision does not apply to sale of medical cannabinoid products. (U) Flavored product. No person shall sell or offer for sale any flavored products intended to be inhaled as smoke, aerosol, or vapor.  Provision that exceeds state law Prohibiting flavored products intended to be smoked or vaped Flavored products are a common and effective marketing tactic to attract children and youth. This tactic has been extremely successful with commercial tobacco marketing, particularly with electronic cigarettes (vapes). Flavored cigarettes have been banned across the United States since 2009 and many flavored e-cigarettes have been banned at the federal level, along with the many jurisdictions in Minnesota and across the nation that prohibit the sale of flavored commercial tobacco products. The Office of Cannabis Management will have the authority to approve or deny classes of cannabis products, including flavored products for smoking or vaping. It is unknown what the OCM will do with this class of products, however, local jurisdictions may have the authority to enact stricter restrictions and prohibit flavored cannabis products that may be smoked or vaped. This approach may be particularly attractive to Minnesota jurisdictions that have already prohibited or are considering prohibiting the sale of flavored commercial tobacco products. September 2024 www.publichealthlawcenter.org 26Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (V) Potency and amount per sale transaction. (1) Registered cannabis retail businesses may sell or offer for sale approved products that comply with potency limits in accordance with Minn. Stat.§ 342.27, subd. 2, c, d, and e, as amended from time to time. (2) Lower-potency hemp edible retailers and cannabis retailers may sell or offer for sale lower- potency hemp edible products that comply with potency limits in accordance with Minn. Stat.§ 342.46, subd. 6, as amended from time to time.  Provision that strictly conforms to the state law Section 8. Temporary Cannabis Events. (A) No sales of approved products are allowed at temporary cannabis events. (B) No use of approved products is allowed at temporary cannabis events.  Provisions that exceed state law Section 9. Compliance Checks and Inspections. (A) All registered retail establishments must be open to inspection by authorized city officials or their designees during regular business hours. (B) In accordance with Minn. Stat. § 342.22, subd. 4, city will conduct compliance checks of every retail establishment with a retail registration issued by the city. The checks will assess compliance with age verification requirements and all provisions of this ordinance. (C) From time to time, but at least [ twice ] per year, the city must conduct compliance checks to ensure compliance with all provisions of this ordinance. (D) In accordance with state law, the city will conduct at least two annual compliance checks that involves participation of a person at least 17 years of age, but under the age of 21 to enter the registered retail establishment to attempt to purchase approved products under the supervision of a law enforcement officer or an employee of the city. Prior written consent from a parent or guardian is required for any person under the age of 18 to participate in a compliance check. September 2024 www.publichealthlawcenter.org 27Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Compliance Checks State law requires municipalities to conduct age verification compliance checks of both registered cannabis retail businesses and lower-potency hemp edible retailers at least once each calendar year. Cities may, however, require additional compliance checks. For retailer education purposes, and to identify and cite repeat offending retailers, the model language above requires at least two compliance checks per year. Along with the state minimum requirements for underage compliance checks, the city should adopt inspection and compliance check procedures that test for retailer compliance with all provisions of the ordinance. For example, if a city requires lower-potency hemp edible beverages offered for sale to be stored behind the sales counter, in a locked case or unit not freely accessible to the public, the city should inspect each retailer to ensure compliance with that provision. Section 10. Responsibility. All registered medical cannabis combination businesses, cannabis retail businesses and lower- potency hemp edible retailers are responsible for the actions of their employees regarding the sale, offer to sell, and furnishing of approved products or medical cannabinoid products on the licensed and registered premises. The sale, offer to sell, or furnishing of any approved product or medical cannabinoid product by an employee will be considered an act of the registrant. Section 11. Defenses. It is an affirmative defense to a violation of this ordinance for a person to have reasonably relied on proof of age as described by state law. September 2024 www.publichealthlawcenter.org 28Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers Penalizing Underage Purchase, Use, and Possession and the Use of False Identification This model ordinance does not include penalties for underage Purchase, Use, and Possession (PUP) nor penalties for the use of false IDs for the following reasons. At its core, a point-of-sale ordinance is intended to regulate the behavior of retailers. Penalizing underage persons detracts from the focus of the retailer regulations and siphons enforcement resources away from the retailers to young consumers, many of whom may struggle with addiction, substance abuse, and mental health issues. There is no strong evidence to support an assertion that PUP penalties are effective in significantly reducing youth use of these products. And while the cannabis and consumer hemp industries are fairly new, especially in Minnesota, PUP laws were historically lobbied for by the commercial tobacco industry to punish youth users while the industry simultaneously targeted, and continues to target, youth to replace an older, sicker, and dying customer base and maintain profits. Section 12. Violations, Penalties, and Administrative Hearings. (A) Violations. (1) Notice. A person violating this ordinance may be issued, either personally or by mail, an administrative citation from the city that sets forth the alleged violation and informs the alleged violator of their right to a hearing on the matter and how and where a hearing may be requested, including a contact address and phone number. (2) Hearings. (a) Upon issuance of a citation, a person accused of violating this ordinance may request in writing a hearing on the matter. Hearing requests must be made within 10 business days of the issuance of the citation and delivered to the City Administrator or other designated city officer. Failure to properly request a hearing within 10 business days of the issuance of the citation will terminate the person’s right to a hearing. (b) The city Administrator or other designated city officer will set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least 10 business days prior to the hearing. September 2024 www.publichealthlawcenter.org 29Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (3) Hearing officer. The City Council will designate a hearing officer. The hearing officer will be an impartial employee of the city or an impartial person retained by the city to conduct the hearing. (4) Decision. A decision will be issued by the hearing officer within 10 business days of the hearing. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in Section 12 (A)(6) of this ordinance. (5) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of [ $1,000 ] must be paid by the person requesting the hearing. (6) Appeals. Appeals of any decision made by the hearing officer must be filed in [ ____ ] County district court within 10 business days of the date of the decision. (7) Continued violation. Each violation, and every day in which a violation occurs or continues, will constitute a separate offense. (B) Administrative penalties. (1) Registrants. Any registrant cited for violating this ordinance, or whose employee has violated this ordinance, will be charged an administrative fine of [ $300 ] for a first violation; [ $600 ] for a second offense at the same registered premises within a 36-month period; and [ $1,000 ] for a third or subsequent offense at the same location within a 36-month period from the first violation. Upon the third violation, the registration will be suspended for a period of not less than [ 30 ] consecutive days and may be revoked. Upon a fourth violation within a 36-month period from the first violation, the registration will be revoked.. (2) Registration suspension. In accordance with Minn. Stat. § 342.22, subd. 5, the city will suspend the retail registration of any registered retail establishment for 30 days for violations of this ordinance or if the operation of the business poses an immediate threat to the health or safety of the public. September 2024 www.publichealthlawcenter.org 30Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (3) Retail establishment operating without a registration. Pursuant to Minn. Stat. § 342.22, subd. 5(e), any retail establishment found to be making or attempting to make any sales to a customer or patient without a valid retail registration will be charged a civil penalty of $2,000 for each violation. (C) Tobacco retail licensees. In accordance with Minn. Stat. § 461.12, subd. 2a, a tobacco retail license will be suspended for no less than seven (7) days and may be revoked for certain cannabis-related violations by the licensed tobacco retailer on the licensed premises. (D) Statutory penalties. If the administrative penalties for violations of this ordinance authorized to be imposed by Minn. Stat. Chapter 342, as amended from time to time, differ from those established in this ordinance, then the higher penalty will prevail. (E) Complaints submitted to the Office of Cannabis Management. In accordance with Minn. Stat. § 342.13 (h), any violations of this ordinance will be submitted as complaints to the Office of Cannabis Management. Section 13. Severability. If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or provisions that can be given force and effect without the invalidated section or provision. Section 14. Effective Date. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as amended from time to time. September 2024 A Guide for Local Governments on Adult-Use Cannabis Version 1.4 Updated August 2024 Table of Contents Introduction ............................................................... 3 About OCM ............................................................... 4 Cannabis License Types ............................................. 5 Adult-Use Cannabis Law ........................................... 7 Cannabis Licensing Process........................................ 8 General Authorities .................................................. 10 Zoning and Land Use ................................................ 12 Local Approval Process ............................................. 15 Inspections and Compliance Checks ........................ 18 Municipal Cannabis Stores ...................................... 19 Creating Your Local Ordinance ............................... 20 Additional Resources ................................................ 21 Introduction This guide serves as a general overview of Minnesota’s new adult-use cannabis law, and how local governments can expect to be involved. The guide also provides important information about Minnesota’s new Office of Cannabis Management (OCM), and the office’s structure, roles, and responsibilities. While medical cannabis continues to play an important role in the state’s cannabis environment, this guide is primarily focused on the adult-use cannabis law and marketplace. The following pages outline the variety of cannabis business licenses that will be issued, provide a broad summary of important aspects of the adult-use cannabis law, and cover a wide range of expectations and authorities that relate to local governments. This guide also provides best practices and important requirements for developing a local cannabis ordinance. Chapter 342 of Minnesota law was established by the State Legislature in 2023 and was updated in 2024. Mentions of “adult-use cannabis law” or “the law” throughout this guide refer to Chapter 342 and the changes made to it. As of this guide’s date of publication, state regulations governing the adult-use cannabis market have not yet been published—this document will be updated when such regulations become effective. This guide is not a substitute for legal advice, nor does it seek to provide legal advice. Local governments and municipal officials seeking legal advice should consult an attorney. Page 3 About OCM Minnesota’s Office of Cannabis Management is the state regulatory office created to oversee the implementation and regulation of the adult-use cannabis market, the medical cannabis market, and the consumer hemp industry. Housed within OCM are the Division of Medical Cannabis (effective July 1, 2024), which operates the medical cannabis program, and the Division of Social Equity, which promotes development, stability, and safety in communities that have experienced a disproportionate, negative impact from cannabis prohibition and usage. OCM, through Chapter 342, is tasked with establishing rules and policy and exercising its regulatory authority over the Minnesota cannabis industry. In its duties, OCM is mandated to: Promote public health and welfare. Protect public safety. Eliminate the illicit market for cannabis flower and cannabis products. Meet the market demand for cannabis flower and cannabis products. Promote a craft industry for cannabis flower and cannabis products. Prioritize growth and recovery in communities that have experienced a disproportionate, negative impact from cannabis prohibition. OCM governs the application and licensing process for cannabis and hemp businesses, specific requirements for each type of license and their respective business activities, and conducts enforcement and inspection activities across the Minnesota cannabis and hemp industries. Page 4 License Types Minnesota law allows for 13 different types of business licenses, each fulfilling a unique role in the cannabis and hemp supply chain. In addition to license types below, OCM will also issue endorsements to license holders to engage in specific activities, including producing, manufacturing, and sale of medical cannabis for patients. Microbusiness Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Microbusiness may also operate a single retail location. Mezzobusiness Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Mezzobusiness may also operate up to three retail locations. Cultivator Cultivators may cultivate cannabis and package such cannabis for sale to another licensed cannabis business. Manufacturer Manufacturers may manufacture cannabis products and hemp products, and package such products for sale to a licensed cannabis retailer. Retailer Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products, hemp products, and other products authorized by law to customers and patients. Wholesaler Wholesalers may purchase and/or sell immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from another licensed cannabis business. Wholesalers may also import hemp-derived consumer products and lower-potency hemp edibles. Page 5 License Types (continued) Transporter Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses. Testing Facility Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from licensed cannabis businesses. Event Organizer Event organizers may organize a temporary cannabis event lasting no more than four days. Delivery Service Delivery services may purchase cannabis, cannabis products, and hemp products from retailers or cannabis business with retail endorsements for transport and delivery to customers. Medical Cannabis Combination Business Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business. Medical cannabis combination businesses may operate up to one retail location in each congressional district. Lower-Potency Hemp Edible Manufacturer Lower-potency hemp edible manufacturers may manufacture and package lower-potency hemp edibles for consumer sale, and sell hemp concentrate and lower-potency hemp edibles to other cannabis and hemp businesses. Lower-Potency Hemp Edible Retailer Lower-potency hemp edible retailers may sell lower-potency hemp edibles to customers. Each license is subject to further restrictions on allowable activities. Maximum cultivation area and manufacturing allowances vary by license type. Allowable product purchase, transfer, and sale between licensees are subject to restrictions in the law. Page 6 The Adult-Use Cannabis Law Minnesota’s new adult-use cannabis law permits the personal use, possession, and transportation of cannabis by those 21 years of age and older, and allows licensed businesses to conduct cultivation, manufacturing, transport, delivery, and sale of cannabis and cannabis products. For Individuals Possession limits: Flower - 2 oz. in public, 2 lbs. in private residence Concentrate - 8 g Edibles (including lower-potency hemp) - 800 mg THC Consumption only allowed on private property or at licensed businesses with on-site consumption endorsements. Consumption not allowed in public. Gifting cannabis to another individual over 21 years old is allowed, subject to possession limits. Home cultivation is limited to four mature and four immature plants (eight total) in a single residence. Plants must be in an enclosed and locked space. Home extraction using volatile substances (e.g., butane, ethanol) is not allowed. Unlicensed sales are not allowed. For Businesses Advertising: May not include or appeal to those under 21 years old. Must include proper warning statements. May not include misleading claims or false statements. Billboards are not allowed. The flow of all products through the supply chain must be tracked by the state-authorized tracking system. All products sold to consumers and patients must be tested for contaminants. Home delivery is allowed by licensed businesses. Page 7 The Cannabis Licensing Process An applicant will take the following steps to proceed from application to active licensure. As described, processes vary depending on social equity status and/or whether the type of license being sought is capped or uncapped in the general licensing process. License Preapproval: Early Mover Process for Social Equity Applicants The license preapproval process is a one-time application process available for verified social equity applicants. State law requires OCM to open the application window on July 24, 2024, and close the window on August 12, 2024. The preapproval process is available for the following license types, and all are capped in this process: microbusiness, mezzobusiness, cultivator, retailer, wholesaler, transporter, testing facility, and delivery service. Applicant’s social equity applicant (SEA) status verified. Complete application and submit application fees. Application vetted for minimum requirements by OCM. Application (if qualified) entered into lottery drawing. If selected in lottery, OCM completes background check of selected applicant and issues license preapproval. Applicant with license preapproval* submits business location and amends application accordingly. OCM forwards completed application to local government. Local government completes certification of zoning compliance. OCM conducts site inspection. When regulations are adopted, license becomes active, operations may commence. *For social equity applicants with license preapproval for microbusiness, mezzobusiness, or a cultivator license, they may begin growing cannabis plants prior to the adoption of rules if OCM receives approval from local governments in a form and manner determined by the office. This is only applicable to cultivation and does not authorize retail sales or other endorsed activities of the licenses prior to the adoption of rules. Preapproval steps: Page 8 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The Cannabis Licensing Process (cont.) The general licensing process will align with the adoption of rules and OCM will share more information about the timing of general licensing process. The general licensing process includes social equity applicants and non-social equity applicants. General Licensing: Cultivator, Manufacturer, Retailer, Mezzobusiness Complete application and submit application fees. Application vetted for minimum requirements by OCM. Application (if qualified) entered into lottery drawing. If selected in lottery, OCM completes background check of selected applicant and issues preliminary approval. Applicant with preliminary approval submits business location and amends application accordingly. OCM forwards completed application to local government. Local government completes certification of zoning compliance. OCM conducts site inspection. License becomes active, operations may commence.* General Licensing: Microbusiness, Wholesaler, Transporter, Testing Facility, Event Organizer Complete application and submit application fees.1. Application vetted for minimum requirements by OCM.2. For qualified applicants, OCM completes background check of vetted applicant and issues preliminary approval. 3. Selected applicant submits business location and amends application accordingly.4. OCM forwards completed application to local government.5. Local government completes certification of zoning compliance.6. OCM conducts site inspection.7. License becomes active, operations may commence.*8. 1. 2. 3. 4. 5. 6. 7. 8. 9. *For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer), a valid local retail registration is required prior to the business commencing any retail sales. See Page 16 for information on the local retail registration process. Page 9 General Authorities Local governments in Minnesota have various means of oversight over the cannabis market, as provided by the adult-use cannabis law. Local governments may not issue outright bans on cannabis business, or limit operations in a manner beyond what is provided by state law. Cannabis Retail Restrictions (342.13) Local governments may limit the number of retailers and microbusiness/mezzobusinesses with retail endorsements allowed within their locality, as long as there is at least one retail location per 12,500 residents. Local units of government are not obligated to seek out a business to register as cannabis business if they have not been approached by any potential applicants, but cannot prohibit the establishment of a business if this population requirement is not met. Local units of government may also issue more than the minimum number of registrations. Per statutory direction, a municipal cannabis store (Page 19) cannot be included in the minimum number of registrations required. For population counts, the state demographer estimates will likely be utilized. Tribal Governments (342.13) OCM is prohibited from and will not issue state licenses to businesses in Indian Country without consent from a tribal nation. Tribal nations hold the authority to license tribal cannabis businesses on tribal lands – this process is separate than OCM’s licensing process and authority. Subject to compacting, Tribal nations may operate cannabis businesses off tribal lands. There will be more information available once the compacting processes are complete. Taxes (295.81; 295.82) Retail sales of taxable cannabis products are subject to the state and local sales and use tax and a 10% gross receipts tax. Cannabis gross receipts tax proceeds are allocated as follows: 20% to the local government cannabis aid account and 80% to the state general fund. Local taxes imposed solely on sale of cannabis products are prohibited. Cannabis retailers will be subject to the same real property tax classification as all other retail businesses. Real property used for raising, cultivating, processing, or storing cannabis plants, cannabis flower, or cannabis products for sale will be classified as commercial and industrial property. Page 10 General Authorities (cont.) Retail Timing Restrictions (342.13) Local governments may prohibit retail sales of cannabis between the hours of 8 a.m. and 10 a.m. Monday-Saturday, and 9 p.m. and 2 a.m. the following day. Operating Multiple Locations with One License Certain cannabis licenses allow for multiple retail locations to be operated under a single license, with the following limitations: Retailers: up to five retail locations. Mezzobusinesses: up to three retail locations. Microbusinesses: up to one retail location. Medical cannabis combination businesses: one retail location per congressional district. Additionally, medical cannabis combination businesses may cultivate at more than one location within other limitations on cultivation. For all other license types, one license permits the operation of one location. Each retail location requires local certification and/or registration. Page 11 Zoning and Land Use Buffer Guidelines (342.13) State law does not restrict how a local government conducts its zoning designations for cannabis businesses, except that they may prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including playgrounds and athletic fields. Zoning Guidelines While each locality conducts its zoning differently, a few themes have emerged across the country. For example, cannabis manufacturing facilities are often placed in industrial zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite, and are also required to have plans to prevent the visibility of cannabis and hemp-derived products to individuals outside the retail location. Industrial hemp is an agricultural product, and should be zoned as such. Cannabis businesses should be zoned under existing zoning ordinances in accordance with the license type or endorsed activities held by the cannabis business. Note that certain types of licenses may be able to perform multiple activities which may have different zoning analogues. In the same way municipalities may zone a microbrewery that predominately sells directly to onsite consumers differently than a microbrewery that sells packaged beer to retailers and restaurants, so too might a municipality wish to zone two microbusinesses based on the actual activities that each business is undertaking. Table 1, included on Pages 13 and 14, explains the types of activities that cannabis businesses might undertake, as well as, some recommended existing zoning categories. Page 12 Endorsed Activity License Type Eligible to Do Endorsed Activity Description of Activity Comparable Districts Municipal Considerations Cultivation Cultivator Mezzobusiness Microbusiness Medical Cannabis Combination "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts. Indoor: Industrial, Commercial, Production Outdoor: Agricultural Odor Potential need for transportation from facility Waste, water, and energy usage Security Cannabis Manufacturing, Processing, Extraction Manufacturer Mezzobusiness Microbusiness Medical Cannabis Combination This group of endorsed activities turn raw, dried cannabis and cannabis parts into other types of cannabis products, e.g. edibles or topicals. Industrial, Commercial, Production Odor Potential need for transportation from facility Waste, water, and energy usage Security Hemp Manufacturing Lower-Potency Hemp Edible (LPHE) Manufacturing These business convert hemp into LPHE edible prodcuts. Industrial, Commercial, Production Odor Waste, water, and energy Wholesale Wholesale Cultivator Manufacturer Mezzobusiness Microbusiness Medical Cannabis Combination This activity and license type allows a business to purchase from a business growing or manufacturing cannabis or cannabis products and sell to a cannabis business engaged in retail. Industrial, Commercial, Production Need for transportation from facility Security Page 13 Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities Page 14 Endorsed Activity License Type Eligible to Do Endorsed Activity Description of Activity Comparable Districts Municipal Considerations Cannabis Retail Retailer Mezzobusiness Microbusiness Medical Cannabis Combination This endorsed activity and license types allow a business to sell cannabis and cannabis products directly to consumers. Retail, Neighborhood Shopping Districts, Light Industrial, Existing districts where off-sale liquor or tobacco sales are allowed. Micros may offer onsite consumption, similar to breweries. Micros and Mezzos may include multiple activities: cultivation, manufacture, and/or retail. Transportation Cannabis Transporter This license type allows a company to transport products from one license type to another. Fleet based business that will own multiple vehicles, but not necessarily hold a substantial amount of cannabis or cannabis products. Delivery Cannabis Delivery This license type allows for transportation to the end consumer. Fleet based business that will own multiple vehicles, but not necessarily hold a substantial amount of cannabis or cannabis products. Events Event Organizer This license entitles license holder to organizer a temporary event lasting no more than four days. Anywhere that the city permits events to occur, subject to other restrictions related to cannabis use. On site consumption. Retail sales by a licensed or endorsed retail business possible. Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities (continued) Local Approval Process Local governments play a critical role in the licensing process, serving as a near-final approval check on cannabis businesses nearing the awarding of a state license for operations. Once an applicant has been vetted by OCM and is selected for proceeding in the verification process, they are then required to receive the local government’s certification of zoning compliance and/or local retail registration before operations may commence. Local Certification of Zoning Compliance (342.13; 342.14) Following OCM’s vetting process, local governments must certify that the applicant with preliminary approval has achieved compliance with local zoning ordinances prior to the licensee receiving final approval from OCM to commence operations. During the application and licensing process for cannabis businesses, OCM will notify a local government when an applicant intends to operate within their jurisdiction and request a certification as to whether a proposed cannabis business complies with local zoning ordinances, and if applicable, whether the proposed business complies with state fire code and building code. According to Minnesota’s cannabis law, a local unit of government has 30 days to respond to this request for certification of compliance. If a local government does not respond to OCM’s request for certification of compliance within the 30 days, the cannabis law allows OCM to issue a license. OCM may not issue the final approval for a license if the local government has indicated they are not in compliance. OCM will work with local governments to access the licensing software system to complete this zoning certification process. Page 15 Local Approval Process (cont.) Local Retail Registration Process (342.22) Once the licensing process begins, local government registration applies to cannabis retailers or other cannabis/hemp businesses seeking a retail endorsement. Local governments must issue a retail registration after verifying that: The business has a valid license or license preapproval issued by OCM. The business has paid a registration fee or renewal fee to the local government; Initial registration fees collected by a local government may be $500 or half the amount of the applicable initial license fee, whichever is less, and renewal registration fees may be $1,000 or half the amount of the applicable renewal license fee, whichever is less. The business is found to be in compliance with Chapter 342 and local ordinances. If applicable, the business is current on all property taxes and assessments for the proposed retail location. Local registrations may also be issued by counties if the respective local government transfers such authorities to the county. Determining a Process for Limiting Retail Registrations If a local government wishes to place a limitation on the number of retailers and microbusiness/mezzobusinesses with retail endorsements allowed within their locality (as long as there is at least one retail location per 12,500 residents, see Page 10), state law does not define the process for a local government’s selection if there are more applicants than registrations available. A few options for this process include the use of a lottery, a first-come/first-serve model, a rolling basis, and others. Local governments should work with an attorney to determine their specific process for selection if they wish to limit the number of licensed cannabis retailers per 342.13. Local governments are not required to limit the number of licensed cannabis retailers. Page 16 Local Approval Process (cont.) Local governments are permitted specific authorities for registration refusal and registration suspension, in addition to—and not in conflict with—OCM authorities. Registration and Renewal Refusals Local governments may refuse the registration and/or certification of a license renewal if the license is associated with an individual or business who no longer holds a valid license, has failed to pay the local registration or renewal fee, or has been found in noncompliance in connection with a preliminary or renewal compliance check. Local Registration Suspension (342.22) Local governments may suspend the local retail registration of a cannabis business or hemp business if the business is determined to not be operating in compliance with a local ordinance authorized by 342.13 or if the operation of the business poses an immediate threat to the health and safety of the public. The local government must immediately notify OCM of the suspension if it occurs. OCM will review the suspension and may reinstate the registration or take enforcement action. Expedited Complaint Process (342.13) Per state law, OCM will establish an expedited complaint process during the rulemaking process to receive, review, read, and respond to complaints made by a local unit of government about a cannabis business. Upon promulgation of rules, OCM will publish the complaint process. At a minimum, the expedited complaint process shall require the office to provide an initial response to the complaint within seven days and perform any necessary inspections within 30 days. Within this process, if a local government notifies OCM that a cannabis business poses an immediate threat to the health or safety of the public, the office must respond within one business day. Page 17 Inspections & Compliance Checks Local governments are permitted specific business inspection and compliance check authorities, in addition to—and not in conflict with—OCM authorities. Inspections and Compliance Checks (342.22) Local governments must conduct compliance checks for cannabis and hemp businesses holding retail registration at least once per calendar year. These compliance checks must verify compliance with age verification procedures and compliance with any applicable local ordinance established pursuant to 342.13. OCM maintains inspection authorities for all cannabis licenses to verify compliance with operation requirements, product limits, and other applicable requirements of Chapter 342. Page 18 Municipal Cannabis Stores State law requires OCM issue a license to a city or county seeking to operate a single municipal cannabis store if the city or county: As authorized in Chapter 342.32, local governments are permitted to apply for a cannabis retail license to establish and operate a municipal cannabis store. Submits required application information to OCM, Meets minimum requirements for licensure, and Pays applicable application and license fee. A municipal cannabis store will not be included in the total count of retail licenses issued by the state under Chapter 342. A municipal cannabis store cannot be counted as retail registration for purposes of determining whether a municipality’s cap on retail registrations imposed by ordinance. Page 19 Creating Your Local Ordinance Local governments may not prohibit the possession, transportation, or use of cannabis, or the establishment or operation of a cannabis business licensed under state law. Local governments may adopt reasonable restrictions on the time, place, and manner of cannabis business operations (see Page 11). Local governments may adopt interim ordinances to protect public safety and welfare, as any studies and/or further considerations on local cannabis activities are being conducted, until January 1, 2025. A public hearing must be held prior to adoption of an interim ordinance. If your local government wishes to operate a municipal cannabis store, the establishment and operation of such a facility must be considered in a local ordinance. As authorized in 342.13, a local government may adopt a local ordinance regarding cannabis businesses. Establishing local governments’ ordinances on cannabis businesses in a timely manner is critical for the ability for local cities or towns to establish local control as described in the law, and is necessary for the success of the statewide industry and the ability of local governments to protect public health and safety. The cannabis market’s potential to create jobs, generate revenue, and contribute to economic development at the local and state level is supported through local ordinance work. The issuance of local certifications and registrations to prospective cannabis businesses is also dependent on local ordinances. Model Ordinance For additional guidance regarding the creation of a cannabis related ordinance, please reference the addendum in this packet. Page 20 Additional Resources OCM Toolkit for Local Partners Please visit OCM webpage (mn.gov/ocm/local-governments/) for additional information, including a toolkit of resources developed specifically for local government partners. The webpage will be updated as additional information becomes available and as state regulations are adopted. These resources are also included in the addendum of this packet. Toolkit resources include: Appendix A: Model Ordinance Appendix B: Retail Registration Form and Checklist Appendix C: Hemp Flower and Hemp-Derived Cannabinoid Product Checklist Appendix D: Enforcement Notice from the Office of Cannabis Management Appendix E: Notice to Unlawful Cannabis Sellers Local Organizations There are several organizations who also have developed resources to support local governments regarding the cannabis industry. Please feel free to contact the following for additional resources: League of Minnesota Cities Association of Minnesota Counties Minnesota Public Health Law Center Page 21