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City Council Regular Meeting Minutes September 10, 2024 Page 8 1 The Planning Commission discussed this aspect of the code, and also recommended no 2 additional limits on hours of operation. Since the zoning ordinance sites a retail facility in 3 a standard commercial retail district, it is expected that standard commercial hours will be 4 followed. The Council has the ability to update this issue if it is found that specific 5 concerns arise related to hours of operation. 6 5.7 Odor. There is language in the statue that references an ability to regulate uses based on 8 odor, however, it is not clear at all how this would be accomplished or enforced. The 9 City’s adopted prohibition of smoking in public places is intended to address the primary 10 objection to odor, which is expected to be smoke. Whereas some industries can create 11 odor emissions, there are PCA limitations on particulate matter and other emissions 12 which could also apply. 13 14 Staff has researched odor regulations with state and nearby municipalities and have not 15 found substantive regulations in this regard. While there appears to be some future 16 research in this area Staff is not currently recommending any additional odor-related 17 regulation due to difficulties with enforcement. The typical regulation would be nuisance 18 violations if odor became a tangible issue. 19 6.20 Low Potency Hemp Products. The City is authorized to further limit the low-potency 21 hemp sales currently allowed by law. St. Anthony has adopted a regulation that limits 22 sales of edibles to those businesses that maintain a tobacco sales license. While the OCM 23 will take over licensing of Hemp-infused products, the City will retain the ability to 24 manage sales based on land use. 25 26 Staff has recommended that hemp-infused products may be sold only by those 27 establishments that have tobacco sales licenses in the case of off-sale products (such as 28 edible gummies or infused beverages); or by those establishments that have on-sale liquor 29 licenses, in the case of on-site consumption – particularly for infused beverages. The law 30 does not permit the mixing of Hemp/THC infusion with alcoholic beverages. 31 7.32 Temporary Cannabis Events. The legislation created a requirement that Cities permit 33 temporary “Cannabis Events”. These events are limited to up to four days, and the City 34 can limit the location of these events. The City can further limit these events to the 35 display of products or other goods, or it may authorize retail sales. The draft ordinance 36 language proposes that if retail sales are proposed, the event site must meet the buffer 37 requirements that other retailers must meet. 38 39 The current draft is also written to prohibit consumption of cannabis products on the 40 premises of the event. The City has the authority to authorize or prohibit consumption at 41 events. Currently the City’s ordinance prohibits smoking on public property. However, an 42 event on private property could include consumption/smoking if left unaddressed. This 43 aspect of the Temporary Event section should be reviewed. If in indoor places, the 44 Minnesota Clean Indoor Air Act would continue to apply. 45 16