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HomeMy WebLinkAboutOrdinance 1025 - 2025/02/24ORDINANCE NO. 1025 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE ADOPTING REGULATIONS RELATED TO CANNABIS The City of Mounds View hereby ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Title XI of the Mounds View Municipal Code by adding a new Chapter 121 as follows: CHAPTER 121: CANNABIS AND HEMP BUSINESSES § 121.001 PURPOSE. The City of Mounds View 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. § 121.002 DEFINITIONS The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning: Applicant means an entity with a license or endorsement issued by the OCM that is applying for an initial registration or for registration renewal. The Act means Minnesota Statutes, Chapter 342, as is may be amended from time to time. Cannabis Business has the same meaning as defined in Minnesota Statutes, section 342.01. Cannabis Retailer means a business with a cannabis retailer license or cannabis retail endorsement from OCM. Retailer means every business that is licensed under the Act and required to register with the city under Minnesota Statutes, section 342.22. Including cannabis businesses and lower -potency hemp edible retailers. OCM means the Minnesota Office of Cannabis Management. Ordinance No. 1025 Page 2 of 9 DOCSOPEN\MU210\317\1001615.v2-1/15/25 Potential Licensee means an entity that has not received a license from the OCM and is seeking a pre -license certification. 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 or other facility outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day Park Feature means an attraction within a public park that is regularly used by minors, including a playground or athletic field. § 121.003 LOCAL GOVERNMENT AS A CANNABIS RETAILER Pursuant to Minnesota Statutes, section 342.32, the city of Mounds View may establish, own, and operate a municipal cannabis store. The municipal cannabis store shall be subject to applicable cannabis retailer requirements as established by Minnesota Statutes, Chapter 342 and the rules adopted thereunder. § 121.004 PRE -LICENSE CERTIFICATION OF CANNABIS BUSINESSES (A) The City Administrator is authorized to certify whether a proposed Cannabis Business complies with the city's zoning ordinances, this Chapter, and if applicable, with state fire code and building code pursuant to Minnesota Statutes, section 342.13. (B) Potential licensees are responsible for obtaining all necessary zoning approvals prior to the City receiving the request for certification from the OCM. If a potential licensee fails to obtain necessary zoning approvals prior to the city receiving a request for certification, the city will infonn the OCM that the potential licensee does not meet zoning and land use laws. If, at the time the city receives a request for zoning certification, there are no further intended alterations to the building where the business is to be conducted, the city will also certify compliance with building and fire code regulations, provided that the potential licensee has obtained inspections prior the city's receipt of a request for certification from the OCM. Building and fire code inspections will be valid for 1 year from completion. § 121.005 RETAILER REGISTRATION (A) Retail Registration Required. Before making retail sales to customers or patients, a Retailer must register with the city. Making retail sales to customers or patients without an active registration is prohibited. 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. Ordinance No. 1025 Page 3 of 9 DOCSOPEN\MU21 0\317\1 001 615.v2-1/15/25 (B) Retail Registration Limits (1) The city will issue two cannabis retailer registrations pursuant to this chapter, except that the city will not issue any registrations if there is one registration per 12,500 residents in Ramsey County. (2) 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. (3) The city will update the number of registrations available based on the most recent data available from the state's demographer. (4) 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. (5) If the number of registrations available within the city decreases based on the County reaching the one per 12,500 threshold, businesses with current registrations will be allowed to maintain and renew their registrations but no new registration will be issued. (6) Registrations issued to businesses with a license preapproval will count toward the city's registration limit. (7) Businesses operating under a tribal compact entered into under Minnesota Statutes, section 3.9224 or 3.9228 and tribally issued licenses and registrations are counted towards the city's registration limit and the County registration limit. (8) A municipal cannabis store within the city of Mounds View shall not count towards the registration limit in this section. (C) Processing Registrations (1) Applications will be processed on a first -come, first -served basis based on the city receiving a complete application. Applications will be considered complete when all materials in Section 121.005 (D) are received by the city and include all required information and the fee described in Section 121.005 (D)(5) and as adopted in the city's fee schedule is received (2) The date a certification under Section 121.004 is issued will have no impact on the applicant's registration processing. (D) 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: (1) Name of the property owner (2) Name of the applicant (3) Address and parcel ID for the property for which the registration is sought (4) Certification that the applicant complies with the requirements of this Chapter (5) Fee Required. At the time of initial application, and prior to the city's consideration of any renewal application, each Retailer must pay the applicable fee as established in the city's fee schedule. Initial registration fees and renewal registration fees are nonrefundable. Ordinance No. 1025 Page 4of9 DOCSOPEN\MU21 0\317\1 001 615.v2-1/15/25 (6) Proof of taxes, assessments, utility charges or other financial claims of the city or the state are current. (7) A copy of a valid state license or written notice of OCM license preapproval (E) Preliminary Compliance Check. Prior to issuing any retail registration, 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. (F) Reasons for Denial. The city shall not issue a registration or renewal if any of the following conditions are true: (1) The applicant has not submitted a complete application. (2) The applicant does not comply with the requirements of this Chapter. (3) The applicant does not comply with applicable zoning and land use regulations. (4) The applicant is found to not comply with the requirements of the Act or this Chapter at the preliminary compliance check. (5) The applicant or property owner is not current on all property taxes and assessments at the location where the retailer is located. (6) The maximum number of registrations, pursuant to Section 121.005 (B), have been issued by the city or within the County. (7) The applicant does not have a valid license from the OCM. (G) 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 121.005(F) are true. (H) Nontransferable. A registration is not transferable to another person, entity, or location. (I) Registration Enforcement. (1) Generally. The City Council may impose a fine or suspend a registration under this Chapter on a finding that the registered business has failed to comply with the requirements of this Chapter or any applicable statute or regulation. (2) Notice and Right to Hearing. Prior to imposing a fine or suspending 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. Ordinance No. 1025 Page 5 of 9 DOCSOPEN\MU210\317\1001615.v2-1/15/25 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 Administrator before final action to fine or suspend a registration. Provided, the registered business has submitted a written application for appeal within ten (10) business days after the notice was served. The City Administrator 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 or suspend the registration only upon written findings. Within ten (10) business days of the City Administrator's order, the decision may be appealed to the City Council. 3. If no request for a hearing is received within ten (10) business days following the service of the notice, the matter shall be submitted to the City Council for imposition of the fine or suspension of the registration. (3) 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 (B) of this section. (4) 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. § 121.006 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 the Act and any applicable cannabis or hemp regulations adopted by the city. 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. Ordinance No. 1025 Page 6 of 9 DOCSOPEN\MU21 0\317\1 001 615.v2-1/15/25 § 121.007 HOURS OF OPERATION Cannabis Retailers may only make retail sales of cannabis, cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products pursuant to the hours established in Minnesota Statues, section 342.27, subd. 7 (a). § 121.008 DISTANCE REQUIREMENTS (A) The city prohibits the establishment and operation of a cannabis retailer within the following buffer zones: • 300 from a School • 300 feet from a Day Care • 300 feet from an attraction with a Park Feature (B) The buffers in Section 121.008 (B) will be measured from the potential licensee's proposed business location based on the location of schools, day cares, residential treatment facilities, and park features on the date the city receives the request from the OCM for certification pursuant to § 121.004. Buffer distances will be measured from the shortest line between the entrance to the cannabis business and the structure consisting of the school, day care, residential treatment facility, or park feature. (C) Nothing in this section shall prohibit a cannabis business from continuing to operate at the same location if a school, day care, residential treatment facility, or park feature establishes within the buffer. § 121.009 CANNABIS BUSINESS COMPLAINTS The City Administrator is authorized to make complaints to the OCM related to cannabis businesses the city believes is in violation of the act or the administrative rules adopted pursuant thereto. The City Administrator is also authorized to file a complaint against a cannabis business that poses an immediate threat to the health or safety of the public and request immediate action by the OCM. § 121.010 PENALTIES 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. Each day each violation continues or exists, constitutes a separate offense. 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 130.002 — Administrative Offenses. Ordinance No. 1025 Page 7of9 DOCSOPEN\MU210\317\1001615.v2-1 /15/25 Violation of this Chapter shall be grounds for enforcement against any business license issued by the City of Mounds View § 121.011 SEVERABILITY If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby SECTION 2. Section 505.03 of the Mounds View City Code is hereby amended by the addition of the bold and double underlined language and the deletion of the bold and strieken language, as follows, and reorganization of Section 505.03 to insert the terms in the appropriate alphabetical order: Cannabis business has the same meaning as in Minnesota Statutes. section 342.01. Cannabis cultivation business - 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 - A business with a cannabis delivery service license or delivery service endorsement from the State of Minnesota Office of Cannabis Management. Cannabis manufacturing business - A business with a cannabis manufacturer license or manufacturing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis retailer - 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 - A business with a cannabis testing_ facility license or testing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis transportation business - A business with a cannabis transporter license or transportation endorsement from the State of Minnesota Office of Cannabis Management. Cannabis_ wholesaling business - A business with a cannabis wholesaler license or wholesaling endorsement from the State of Minnesota Office of Cannabis Management. SECTION 3. Section 160.181 (B), B-2, Limited Business District — Permitted Uses, of the Mounds View City Code is hereby amended by the addition of the bold and double underlined language, as follows: (0) Cannabis Retailer, subject to the requirements in City Code, section 121.008. (P) Cannabis Delivery Service Ordinance No. 1025 Page 8 of 9 DOCSOPEN\MU210\317\1001615.v2-1 /15/25 SECTION 4. Section 160.183, B-2, Limited Business District — Conditional Uses, of the Mounds View City Code is hereby amended by the addition of the bold and double underlined language, as follows: (I) Cannabis Manufatturer when on the same premises as a Cannabis Retailer, subiect to the requirements in City Code, section 121.008, under a microbusiness license. SECTION 5. Section 160.196, B-3, Highway Business District — Permitted Uses, of the Mounds View City Code is hereby amended by the addition of the bold and double underlined language, as follows: (0) Cannabis Retailer, subject to the requirements in City Code, section 121.008. (P) Cannabis Delivery Service (0) Cannabis Manufacturer when on the same premise as a Cannabis Retailer, subject to the requirements in City Code, section 121.008, and under a Cannabis Microbusiness License. SECTION 6. Section 160.215, B-4 Regional Business District — Permitted Uses, of the Mounds View City Code is hereby amended by the addition of the bold and double underlined language, as follows: (L) Cannabis Retailer, subject to the requirements in City Code, Section121.008. (M) Cannabis Delivery Business SECTION 7. Section 160.231, I-1 Industrial Permitted Uses, of the Mounds View City Code is hereby amended by the addition of the bold and double underlined language, as follows: (AB)Cannabis Wholesaling Business (AC)Cannabis Transportation Business (AD)Cannabis Testing Business SECTION 8. Section 160.231, I-1 Industrial Conditional Uses, of the Mounds View City Code is hereby amended by the addition of the bold and double underlined language, as follows: (A) Cannabis Manufacturing Business; provided that: (1) The business maintains compliance with compliance with odor management requirements as established in Minnesota Statutes, Minnesota Rules, and City Code (B) Cannabis cultivation business; provided that: (1) Cultivation operations must be completely contained within a structure. (2) Cannabis Cultivation businesses must comply with odor management requirements as established in Minnesota Statutes, Minnesota Rules, and City Code. Ordinance No. 1025 Page 9 of 9 DOCSOPEN\MU210\317\1001615.v2-1 /15/25 SECTION 9. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On February 10, 2025, the City Council adopted Ordinance No. 1025 by amending Chapter 121 of the Mounds View City Code related to Cannabis. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.moundsviewmn.org. SECTION 10. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on January 27, 2025. Second Reading and Adoption by the Mounds View City Council on February 10, 2025. Publication Date: February 13, 2025. Lindstrom, Mayor Attest: NyV'ZikpCund, City Administrator (S'FAL) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF RAMSEY 1 | P a g e I, Kayla Tsuchiya, being duly sworn on oath, says: that she is, and during all times herein state has been, Inside Sales Representative of Northwest Publication, LLC., Publisher of the newspaper known as the Saint Paul Pioneer Press, a newspaper of General circulation within the City of St. Paul and the surrounding Counties of Minnesota and Wisconsin including Ramsey and Kanabec. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): Thursday, February 13, 2025 Newspaper Ref./AD Number#: 71527271 Client/Advertiser: City of Mounds View AFFIANT SIGNATURE Subscribed and sworn to before me this 13th day of February, 2025 True Lee NOTARY PUBLIC Ramsey County, MN My commission expires January 31, 2030 Kayla Tsuchiya (Feb 13, 2025 11:19 CST) Kayla Tsuchiya True Lee (Feb 13, 2025 11:27 CST) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF RAMSEY 1 | P a g e I, Kayla Tsuchiya, being duly sworn on oath, says: that she is, and during all times herein state has been, Inside Sales Representative of Northwest Publication, LLC., Publisher of the newspaper known as the Saint Paul Pioneer Press, a newspaper of General circulation within the City of St. Paul and the surrounding Counties of Minnesota and Wisconsin including Ramsey and Kanabec. That the notice hereto attached was cut from the columns of said newspaper and was printed and published therein on the following date(s): Thursday, February 13, 2025 Newspaper Ref./AD Number#: 71527270 Client/Advertiser: City of Mounds View AFFIANT SIGNATURE Subscribed and sworn to before me this 13th day of February, 2025 True Lee NOTARY PUBLIC Ramsey County, MN My commission expires January 31, 2030 Kayla Tsuchiya (Feb 13, 2025 11:27 CST) Kayla Tsuchiya True Lee (Feb 13, 2025 11:28 CST)