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September 10, 2024 Page 3 will be followed. The Council has the ability to update this issue if it is found that specific concerns arise related to hours of operation. The relevant section, if the Council decides to do so, is found in Section (N) of the attached draft ordinance. 5.Odor. There is language in the statute that references an ability to regulate uses based on odor, however, it is not clear at all how this would be accomplished or enforced. The City’s adopted prohibition of smoking in public places is intended to address the primary objection to odor, which is expected to be smoke. Whereas some industries can create odor emissions, there are PCA limitations on particulate matter and other emissions which could also apply. Staff has researched odor regulations with state and nearby municipalities, and have not found substantive regulations in this regard. While there appears to be some future research in this area, Staff is not currently recommending any additional odor-related regulation due to difficulties with enforcement. The typical regulation would be nuisance violations if odor became a tangible issue. 6.Low Potency Hemp Products. The City is authorized to further limit the low-potency hemp sales currently allowed by law. St. Anthony has adopted a regulation that limits sales of edibles to those businesses that maintain a tobacco sales license. While the OCM will take over licensing of Hemp-infused products, the City will retain the ability to manage sales based on land use. As formulated in the attached draft, staff has recommended that hemp-infused products may be sold only by those establishments that have tobacco sales licenses in the case of off-sale products (such as edible gummies or infused beverages); or by those establishments that have on-sale liquor licenses, in the case of on-site consumption – particularly for infused beverages. The law does not permit the mixing of Hemp/THC infusion with alcoholic beverages. The Low Potency Hemp language is included in the attached draft in Section (Q). 7.Temporary Cannabis Events. The legislation created a requirement that Cities permit temporary “Cannabis Events”. These events are limited to up to four days, and the City can limit location of these events. The City can further limit these events to display of products or other goods, or it may authorize retail sales. The draft ordinance language proposes that if retail sales are proposed, the event site must meet the buffer requirements that other retailers must meet (1,000 from schools, 500 feet from parks, 300 feet from day cares and treatment facilities) (Section (P)(1)(d)). The current draft is also written to prohibit consumption of cannabis products on the premises of the event. This language is found in Section (P)(2). The City has the authority to authorize or prohibit consumption at events. Currently, the City’s ordinance prohibits smoking on public property. However, an event on private property could include consumption/smoking if left unaddressed. This aspect of the Temporary 43