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<br />5 <br /> <br />The City Council of the City of Hugo does hereby amend Chapter 90, Article VI Requirements for Specific <br />Uses and Performance Standards for the addition of the following Section: <br /> <br />Sec. 90-280. – Cannabis businesses. <br /> <br />(a) Findings and purpose – The purpose of this ordinance is to implement the provisions of <br />Minnesota Statutes, Chapter 342, which authorizes the City of Hugo to protect the health, <br />safety, and welfare of residents by regulating cannabis businesses within the boundaries of <br />the city. <br />1. Authority and Jurisdiction -- The City of Hugo has the authority to adopt this <br />ordinance applicable to the legal boundaries of the city, pursuant to: <br />a) Minn. Stat. 342.13(c) regarding the authority of a local unit of <br />government to adopt reasonable restrictions of the time, place, and manner of <br />the operation of a cannabis business provided that such restrictions do not <br />prohibit the establishment or operation of cannabis businesses. <br />b) Minn. Stat. 342.22, regarding the local registration and enforcement <br />requirements of state-licensed cannabis retailers and lower-potency hemp <br />edible retailers. <br />c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public <br />places. <br />d) Minn. Stat. 462.357, regarding the authority of a local authority to <br />adopt zoning ordinances. <br />2. Severability – If any section, clause, provision, or portion of this ordinance is <br />adjudged unconstitutional or invalid by a court of competent jurisdiction, the <br />remainder of this ordinance shall not be affected thereby. <br />3. Enforcement – The City of Hugo is responsible for the administration and <br />enforcement of this ordinance. A violation of this ordinance shall be punishable as <br />a misdemeanor and may be, without limitation, enforced by the City through <br />injunctive relief or any other remedy at law or equity. Violations of this ordinance <br />can occur regardless of whether or not a permit is required for a regulated activity <br />listed in this ordinance. <br /> <br />(b) Unlawful unless conditions met. It shall be unlawful for any person or entity to operate a <br />cannabis business within the city, except in conformance with this section. <br /> <br />(c) General standards for all cannabis businesses. <br />1. Compliance verification prior to state license approval - Pursuant to Minn. Stat. <br />342.13 (g), within 30 days of receiving a copy of a state license application from <br />the state office of cannabis management, the City of Hugo shall certify whether a <br />proposed cannabis business complies with local zoning ordinances and, if <br />applicable, whether the proposed business complies with the state fire code and <br />building code. <br />a) In order to verify that a state license application meets local ordinance <br />requirements, the application must include the following to be reviewed and <br />approved by staff: <br />1. A security plan consistent with all state requirements.