HomeMy WebLinkAbout2024-11-26 CC Packet Enclosure Oak Park,4ref_
Date:November 26,2024
New Business
TO: Mayor and City Council
FROM: Jacob Rife, City Administrator
AGENDA ITEM: Approve Zoning Ordinance Amendments Related to Cannabis and Hemp
Businesses
BACKGROUND:
At the end of the 2023 legislative session,the State legalized adult-use cannabis. Given that this use is new
to Minnesota,the law allowed cities to adopt moratoriums on cannabis business to allow cities time to study
the issue and adopt regulations. Ultimately,the City adopted interim ordinances to temporarily prohibit
cannabis businesses as we developed regulations for these businesses.
In order to implement new cannabis regulations,an amendment to the zoning ordinance is necessary. The
proposed amendment seeks to define where and how cannabis and hemp businesses may operate within city
limits while addressing public health and safety, economic, and land-use considerations.
The proposed amendment would revise the City's Zoning Ordinance to:
1. Define Cannabis and Hemp-Related Uses: Provide clear definitions for cannabis dispensaries,
hemp uses, cultivation facilities,processing facilities, and other related uses.
2. Establish Zoning Districts:Allow cannabis and hemp businesses to operate within specified
zoning districts.
3. Buffer Zones: Implement a minimum distance requirement from sensitive uses such as schools,
parks, child-care centers, and park attractions.
4. Operating Conditions: Outline operating hours and odor control measures to minimize potential
impacts on nearby properties and public spaces.
The City Council discussed cannabis and hemp regulations at a workshop on August 27 and provided policy
direction for the zoning ordinance amendments. Per that direction,the City Attorney and City staff have
updated the zoning ordinance amendment for Council consideration. The Council did ask for more
information relating to the buffer from schools,day cares and park attractions. Attached is a buffer map
illustrating the recommended buffer for cannabis businesses of 1,000 feet from the school property line, 500
feet from the day care principal structure and 500 feet from a park attraction. Additionally,the ordinance
language includes a buffer of 1,000 feet between cannabis retail businesses.
The Planning Commission is reviewing the proposed ordinance at their meeting on Monday,November 25
and will make a recommendation to the City Council.
ACTION REQUESTED:
Approve Ordinance Amendments Related to Cannabis and Hemp Businesses and Resolution for Publication
EXHIBITS:
• City Attorney Memo
• Buffer Map
• Draft Ordinance
• Resolution for Summary Publication Page 25 of 48
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ATTORNEYS AT LAW MEMO
To: City of Oak Park Heights City Council
From: Christina Benson, Assistant City Attorney
Date: August 21, 2024
Re: Cannabis and Hemp Business Regulation
The Minnesota Legislature added Minnesota Statute Chapter 342 Cannabis in 2023 and amended it in
2024. Of the 110 pages of new law, only about 3 pages provide options for local government regulation
and most of the 3 pages restrict the options for local government regulation (see attached). On July 31,
2024,the Office of Cannabis Management published the first draft of proposed rules for Minnesota's
cannabis industry.
The purpose of this memo is to provide the Oak Park Heights City Council additional regulatory
background related to cannabis businesses and hemp businesses in the City of Oak Park Heights.
Minnesota Statutes define cannabis business and hemp businesses.
Cannabis Business means any of the following licensed under this chapter: (1)cannabis
microbusiness; (2)cannabis mezzobusiness; (3)cannabis cultivator; (4) cannabis manufacturer;
(5)cannabis retailer; (6)cannabis wholesaler; (7) cannabis transporter; (8)cannabis testing
facility; (9)cannabis event organizer; (10)cannabis delivery service; and(11)medical cannabis
combination business.
Hemp Business means either of the following licensed under this chapter: (1) lower-potency
hemp edible manufacturer; or(2) lower-potency hemp edible retailer. Hemp business does not
include a person or entity licensed under chapter 18K to grow industrial hemp for commercial or
research purposes or to process industrial hemp for commercial purposes.
While regulations for the cannabis retailer, manufacturer, wholesaler,transporter, testing facility, and
delivery service operations are tailored to the new cannabis and hemp industries,the uses are similar to
existing retail, manufacturing, wholesale, transport, test, and delivery operations. Cannabis
microbusiness, mezzobusiness, cultivator, and event organizer uses are not. These uses and operations
are provided in Minnesota Statute Chapter 342 and will be provided in the new rules:
Business Type Activities Size/Outdoor Regulations
Microbusiness • grow cannabis plants and harvest • A cannabis microbusiness that
• make concentrate cultivates cannabis at an indoor
• manufacture artificially derived cannabinoids; facility may cultivate up to
• manufacture adult-use cannabis products, 5,000 square feet of plant
lower-potency hemp edibles, and hemp-derived canopy.
consumer products for public consumption; • A cannabis microbusiness that
• package and label adult-use cannabis flower, cultivates cannabis at an
adult-use cannabis products, lower-potency outdoor location may cultivate
up to one-half acre of mature,
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Page 27 of 48
hemp edibles, and hemp-derived consumer flowering plants unless the
products for sale to customers; office increases that limit.The
• sell immature cannabis plants and seedlings, office may increase the limit to
adult-use cannabis flower,adult-use cannabis no more than one acre.
products, lower-potency hemp edibles, hemp- • A cannabis microbusiness with
derived consumer products, and other products the appropriate endorsement
authorized by law to other cannabis businesses may operate one retail
and to customers; location.
• operate an establishment that permits on-site
consumption of edible cannabis products and
lower-potency hemp edibles; and
• perform other actions approved by the office.
Mezzobusiness • grow cannabis plants and harvest • A cannabis mezzobusiness that
• make concentrate cultivates cannabis at an indoor
• manufacture artificially derived cannabinoids; facility may cultivate up to
• manufacture adult-use cannabis products, 15,000 square feet of plant
lower-potency hemp edibles, and hemp-derived canopy.The office may adjust
consumer products for public consumption; plant canopy limits upward.
• process medical cannabinoid products; • A cannabis mezzobusiness that
• package and label adult-use cannabis flower, cultivates cannabis at an
adult-use cannabis products, lower-potency outdoor location may cultivate
hemp edibles, and hemp-derived consumer up to one acre of mature,
products for sale to customers; flowering plants unless the
• sell immature cannabis plants and seedlings, office increases that limit.The
adult-use cannabis flower,adult-use cannabis office may increase the limit to
products, lower-potency hemp edibles, hemp- no more than three acres.
derived consumer products, and other products • A cannabis mezzobusiness with
authorized by law to other cannabis businesses the appropriate endorsement
and to customers; and may operate up to three retail
• perform other actions approved by the office. locations.
Cultivator • grow cannabis plants and harvest cannabis • A cannabis cultivator that
flower from a mature plant, cultivates cannabis at an indoor
• package and label immature cannabis plants facility may cultivate up to
and seedlings and cannabis flower for sale 30,000 square feet of plant
• transport cannabis flower to a cannabis canopy.The office may adjust
manufacturer located on the same premises; plant canopy limits upward.
and • A cannabis cultivator that
• perform other actions approved by the office. cultivates cannabis at an
outdoor location may cultivate
up to two acres of mature,
flowering plants unless the
office increases that limit.The
office may increase the limit to
no more than four acres.
Event • organize a temporary cannabis event lasting no • Items sold in a secured area
Organizer more than four days;and • Limited access consumption
• perform other actions approved by the office. area with commercial grade
fencing
2
Page 28 of 48
•
A microbusiness appears alike to a microbrewery; a mezzobusiness alike to a microbrewery with a
commercial nursery and no on-sale permitted.
The proposed rules provide regulations on various internal controls and security requirements for all
cannabis businesses, including cannabis retailers. Among the various security protocols, two have
exterior implications.A cannabis business must provide a security alarm system with an audible alarm
capable of being heard within a 100-foot radius from entrances and exists of the premises and lighting
allowing observers to see activity within a radius of at least 20 feet around all entrances and exits. These
are not security requirements for hemp businesses.
Cities are limited in their ability to regulate cannabis businesses and hemp businesses.
Registration Waste Disposal
Zoning Record Keeping
Distance from: Licensing
- Schools - Eligibility
- Day cares - Renewal
- Residential treatment facilities - Revocation/Suspension
- Playgrounds/baseball fields in Operations
parks Testing
Hours of Operation Security
Permitted/Conditional Uses in Districts
Performance Standards
Cities have the authority to adopt a registration ordinance requiring a cannabis microbusiness, cannabis
mezzobusiness, cannabis retailer, medical cannabis combination business, or lower-potency hemp edible
retailer with a license from OCM to initially and annually register with the city. To obtain a registration
from the city,the ordinance may require: payment of a fee(half of the license fee established by 342.11
up to $500 initially and $1000 annually), compliance with the requirements of Minn. Stat. Ch. 342, and
current on all property taxes and assessments. If a city adopts a registration ordinance, the city may limit
the number of licensed cannabis retailers, cannabis mezzobusinesses and cannabis microbusinesses to no
fewer than one registration for every 12,500 residents. This is based on the Minnesota State
Demographer numbers.
Oak Park Heights may limit the number of licensed cannabis retailers, cannabis mezzobusinesses and
cannabis microbusinesses to 1 or more licenses.
Oak Park Heights also may make decisions on which zoning districts to permit cannabis and hemp
businesses, how they may post signs for the business, hours of operations, whether to permit the uses
through a conditional use permit, and other performance standards, so long as the effect of those
regulations do not prohibit cannabis and hemp businesses.
3
Page 29 of 48
ORDINANCE NO.2024-401-03
AN ORDINANCE OF THE CITY OF OAK PARK HEIGHTS,WASHINGTON COUNTY,
MINNESOTA AMENDING CHAPTER 400 ZONING AND LAND SUBDIVISION FOR CANNABIS
AND HEMP BUSINESSES AND AMENDING CHAPTER 1400 PROVIDING FOR THE
REGISTRATION OF CANNABIS AND HEMP BUSINESSES IN THE CITY
THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS DOES HEREBY ORDAIN:
Section 1. Chapter 400 Zoning and Land Subdivision, Section 401.01.B is hereby amended to add the
following:
Cannabis Business: A business licensed by the Office of Cannabis Management(OCM) as Minnesota
Statute 342.01 Subd. 14.
Cannabis Cultivator:A cannabis business that grows cannabis plants from seed or immature plant to
mature plant,harvests the cannabis flower from a mature plant,and packages and labels immature cannabis
plants and seedlings and cannabis flower for sale pursuant to Minnesota Statute Section 342.30.
Cannabis Event:A temporary cannabis event lasting no more than four days operating pursuant to
Minnesota Statute 342.39.
Cannabis Manufacturer: A cannabis business that makes cannabis and/or hemp concentrate,manufactures
artificially derived cannabinoids,adult-use cannabis products, lower-potency hemp edibles, and/or hemp-
derived consumer products,and sells cannabis concentrate,hemp concentrate,artificially derived
cannabinoids,cannabis products, lower-potency hemp edibles,hemp-derived consumer products to other
cannabis businesses pursuant to Minnesota Statute Section 342.31.
Cannabis Mezzobusiness:A cannabis business that grows cannabis plants from seed or immature plant to
mature plant,harvests the cannabis flower from a mature plant,makes cannabis and/or hemp concentrate,
manufactures artificially derived cannabinoids,adult-use cannabis products, lower-potency hemp edibles,
and/or hemp-derived consumer products,and sells immature cannabis plants and seedlings,adult-use
cannabis flower,adult-use cannabis products, lower-potency hemp edibles,hemp-derived consumer
products,and other products authorized by law to other cannabis businesses and to consumers pursuant to
Minnesota Statute Section 342.29.
Cannabis Microbusiness: A cannabis business that grows cannabis plants from seed or immature plant to
mature plant,harvests the cannabis flower from a mature plant,makes cannabis and/or hemp concentrate,
manufactures artificially derived cannabinoids, adult-use cannabis products,lower-potency hemp edibles,
and/or hemp-derived consumer products,and sells immature cannabis plants and seedlings,adult-use
cannabis flower,adult-use cannabis products,lower-potency hemp edibles,hemp-derived consumer
products,and other products authorized by law to other cannabis businesses and to consumers,including on-
site consumption,pursuant to Minnesota Statute Section 342.28.
Cannabis Retailer: A cannabis business that sells immature cannabis plants and seedlings,adult-use
cannabis flower,adult-use cannabis products, lower-potency hemp edibles,hemp-derived consumer
products,and other products authorized by law to customers pursuant to Minnesota Statute Chapter 342 and
Minnesota Rule 9810.0200.
Cannabis Testing Facility: A cannabis business that obtains and tests immature cannabis plants and
seedlings,cannabis flower,cannabis products,hemp plant parts,hemp concentrate,artificially derived
Page 30 of 48
cannabinoids,lower-potency hemp edibles,and hemp-derived consumer products from cannabis
microbusinesses,cannabis mezzobusinesses,cannabis cultivators,cannabis manufacturers,cannabis
wholesalers, lower-potency hemp edible manufacturers, and industrial hemp growers pursuant to Minnesota
Statute Section 342.37.
Cannabis Wholesaler: A cannabis business that sells immature cannabis plants and seedlings,cannabis
flower,cannabis products, lower-potency hemp edibles, and hemp-derived consumer products to cannabis
microbusinesses,cannabis mezzobusinesses, cannabis manufacturers,and cannabis retailers pursuant to
Minnesota Statute Section 342.33.
Hemp Business: A business licensed by the Office of Cannabis Management(OCM) as defined by
Minnesota Statute 342.01 Subd. 34.
Lower-Potency Hemp Edible Manufacturer: A hemp business that makes hemp concentrate,
manufactures artificially derived cannabinoids lower-potency hemp edibles,and/or hemp-derived consumer
products,and sells hemp concentrate,artificially derived cannabinoids, lower-potency hemp edibles,hemp-
derived consumer products to other cannabis businesses and hemp businesses pursuant to Minnesota Statute
Section 342.45.
Lower-Potency Hemp Edible Retailer: A hemp business that sells lower-potency hemp edibles to
customers,including on-site consumption,pursuant to Minnesota Statute Section 342.46
Office of Cannabis Management(OCM): The state agency with the powers and duties of making rules,
establishing policy,and exercising its regulatory authority over the cannabis industry and hemp consumer
industry.
Section 2. Chapter 400 Section 401.21 0,Open Space Conservation, Section E.Conditional Uses is
hereby amended to add the following:
3. Cannabis Cultivator
Section 3. Chapter 400 Section 401.29. B-1,Neighborhood Business District, Section D. Accessory
Uses is hereby amended to add the following:
6. Lower-Potency Hemp Edible Retailer for a business with a valid liquor license issued under City Code
Chapter 1200.
Section 4. Chapter 400 Section 401.30. B-2, General Business District, Section B. Permitted Uses is
hereby amended to add the following:
17. Cannabis Event
Section 5. Chapter 400 Section 401.30. B-2, General Business District, Section D.Accessory Uses is
hereby amended to add the following:
5. Lower-Potency Hemp Edible Retailer for a business with a valid liquor license issued under City Code
Chapter 1200.
Section 6. Chapter 400 Section 401.30.B-2, General Business District, Section E. Conditional Uses is
hereby amended to add the following:
Page 31 of 48
12.Cannabis Retailer
13. Lower-Potency Hemp Edible Retailer
Section 7. Chapter 400 Section 401.300.B-3, Highway Business and Warehousing District, Section B
Permitted Uses is hereby amended to add the following:
17. Cannabis Event
Section 8. Chapter 400 Section 401.300. B-3, Highway Business and Warehousing District,Section D
Accessory Uses is hereby amended to add the following:
8.Lower-Potency Hemp Edible Retailer for a business with a valid liquor license issued under City Code
Chapter 1200.
Section 9. Chapter 400 Section 401.300. B-3,Highway Business and Warehousing District,Section E
Conditional Uses is hereby amended to add the following:
19. Cannabis Microbusiness
20. Cannabis Retailer
21.Cannabis Testing Facility
22. Cannabis Wholesaler
23.Lower-Potency Hemp Edible Retailer
Section 10. Chapter 400 Section 401.301 B-4, Limited Business District, Section B Permitted Uses is
hereby amended to add the following:
22.Cannabis Event
Section 11. Chapter 400 Section 401.301 B-4, Limited Business District, Section D Accessory Uses is
hereby amended to add the following:
5. Lower-Potency Hemp Edible Retailer for a business with a valid liquor license issued under City Code
Chapter 1200.
Section 12. Chapter 400 Section 401.301 B-4, Limited Business District, Section E Conditional Uses is
hereby amended to add the following:
11. Cannabis Microbusiness
12. Cannabis Retailer
13. Lower-Potency Hemp Edible Retailer
Section 13. Chapter 400 Section 401.31 B-W,Business/Warehousing District, Section B Permitted Uses is
Page 32 of 48
hereby amended to add the following:
10. Cannabis Event
Section 14. Chapter 400 Section 401.31 B-W, Business/Warehousing District, Section E Conditional Uses
is hereby amended to add the following:
4. Cannabis Cultivator
5. Cannabis Manufacturing
6. Cannabis Mezzobusiness
7. Cannabis Microbusiness
8. Cannabis Testing Facility
9. Cannabis Wholesaler
10. Lower-Potency Hemp Edible Manufacturer
Section 15. Chapter 400 Section 401.32 I, Industrial District, Section E. Conditional Uses
4. Cannabis Cultivator
5. Cannabis Manufacturer
6. Cannabis Mezzobusiness
7. Cannabis Microbusiness
8. Cannabis Testing Facility
9. Cannabis Wholesaler
10. Lower-Potency Hemp Edible Manufacturer
Section 16.Chapter 400 Section 401.18 is hereby amended to add the following:
401.18 Cannabis Business and Hemp Business Operations
401.18.A.Minimum Buffer Requirements
1. The operation of a cannabis business is prohibited within:
a. 1,000 feet of a school property line;
b. 500 feet of a day care principal building;
Page 33 of 48
c. 500 feet of a residential treatment facility; and
d. 500 feet of an attraction within a public park that is regularly used by minors, including a
playground or athletic field.
As measured in a straight line from the closest part of the building or actual leased space of the
Cannabis Business use-principal to the property line of the school,the closet part of the principal
day care building,residential treatment facility and/or attraction within a public park.
2. The operation of a cannabis retail business is prohibited within 1,000 feet of another cannabis retail
business.
3. A Cannabis Event is exempt from 401.18.A restrictions.
401.18.B. Noise
There shall be no noise carrying beyond a lot upon which a business is located,except for normal car and
pedestrian activity.
401.18.C. Odor
Cannabis Businesses and Hemp Businesses shall be ventilated so that all odors cannot be detected by a
person with a normal sense of smell at the exterior of the facility or at any adjoining use or property;they
shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in
or near the facilities.
401.18.D. Hours of Operation
Cannabis businesses are limited to retail sale of cannabis,cannabis flower,cannabis products, lower-potency
hemp edibles,or hemp-derived consumer products between the hours of 10 a.m.and 9 p.m., seven days a
week.
Lower-Potency Hemp Edible Retailers are prohibited from conducting the retail sale of lower-potency hemp
edibles,or hemp-derived consumer products for off-site consumption between the hours of:
a. On Sundays;except between the hours of 11:00 a.m. and 6:00 p.m.
b. before 8:00 a.m.on Monday through Saturday;
c. after 10:00 p.m.on Monday through Saturday at an establishment located in the City;
d. on Thanksgiving Day;
e. on Christmas Day, December 25;
f. or after 8:00 p.m.on Christmas Eve, December 24.
Lower-Potency Hemp Edible Retailers are prohibited from conducting the retail sale of lower-potency hemp
edibles,or hemp-derived consumer products for on-site consumption between the hours of:
Page 34 of 48
a. between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturday;
b. after 1:00 a.m.on Sundays except a restaurant,club,bowling center or hotel with a seating capacity
for at least thirty(30)persons and which holds an on-sale intoxicating liquor license
c. between 8:00 p.m. on December 24 and 8:00 a.m. on December 25,
401.18.E. Signs
Cannabis Business and Hemp Businesses are subject to Section 410.15.G.8.d.1 regulation of Freestanding
Signs and are permitted one wall sign subject to the maximum size and heights of Section 410.15.G.8.d.2.d
and all other signs are prohibited. Signs shall only contain words and shall not contain depict a cannabis
flower,cannabis product,hemp edibles, hemp derived edible consumer product or any other logo,picture,
image,or symbol intended to denote or suggest cannabis,hemp,or related paraphernalia. Additionally,a
business logo containing the above depictions shall not be displayed as part of any exterior signage. No
products,interior signage,advertisements,or like attention getting items shall be placed or displayed that
may be visible from the exterior of the Cannabis Business or Hemp Business.
401.18.F. Lighting
All lighting shall be shielded and angled in such a way as to prevent light from spilling outside of the
boundaries of the parcel(s)or premises or directly focusing on any surrounding uses.
Section 17. Chapter 1400 Section 1413 is hereby amended to add the following as follows:
1413.04. Registration of Cannabis Businesses and Hemp Businesses
No individual or entity may operate a cannabis retailer business or lower-potency hemp edible
retailer business without first registering with the City.
Any cannabis retailer business or lower-potency hemp edible retailer business that sells to a
customer or patient without valid retail registration shall incur a civil penalty of up to $2,000 for
each violation.
1413.05. Compliance Checks Prior to Retail Registration
Prior to issuance of a registration, the City shall conduct a preliminary compliance check to ensure
compliance with local ordinances.
1413.06. Registration&Application Procedure
A. Fees.
a. A registration fee, as established in the city's fee schedule shall be charged to
applicants depending on the type of business license applied for.
b. The renewal registration fee shall be charged at the time of the second renewal and
each subsequent renewal thereafter.
B. Application Submittal.
a. A registration shall be issued to a cannabis retailer business or lower-potency hemp
Page 35 of 48
edible retailer business that adheres to the requirements of Minn. Stat. 342.22.
b. An applicant for a registration shall fill out an application form. The application for a
license under this subsection shall be made on a form supplied by the city clerk, said
form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. The address and parcel ID for the property which the retail registration is
sought;
iv. Certification that the applicant complies with the requirements of local
ordinances established pursuant to Minn. Stat. 342.13.
v. Such other information as the city shall require.
c. The applicant shall include with the form:
i. the application fee as required in Section 1413.06.A;
ii. a copy of a valid state license or written notice of OCM license
preapproval;
iii. Such other information as the city shall require.
d. 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
City Council for approval or denial.
e. The registration fee shall be non-refundable once processed.
C. Application Approval
a. An application shall not be approved or renewed if the applicant is unable to meet
the requirements of this ordinance.
b. An application that meets the requirements of this ordinance shall be approved.
D. Annual Compliance Checks.
a. The police department shall complete compliance checks pursuant to Minn. Stat.
342.22 Subd. 4(b) and Minn. Stat. 342.24.
E. Location Change.A cannabis retailer business or lower-potency hemp edible retailer
business shall be required to submit a new application for registration under Section
1413.06.B if it seeks to move to a new location still within the legal boundaries of the city.
F. Renewal of Registration
a. An annual registration of a cannabis retailer business or lower-potency hemp edible
retailer business shall be renewed at the same time OCM renews the cannabis
retailer business or lower-potency hemp edible retailer business' license.
b. A cannabis retailer business or lower-potency hemp edible retailer business shall
apply to renew registration on a form supplied by the city clerk.
c. A registration issued under this ordinance shall not be transferred.
G. Renewal Fees.
a. A renewal fee, as established in the city's fee schedule shall be charged to applicants
depending on the type of business license applied for starting at the second at the
second renewal.
Page 36 of 48
I-I. Renewal Application.
a. The application for renewal of a registration shall include, but is not limited to:
i. Items required under 1413.06.B of this Ordinance.
ii. Such other information the city requires.
I. Suspension of Registration
a. When Suspension is Warranted. A registration may be suspended if it violates the
City Code or poses an immediate threat to the health or safety of the public. The city
will notify the cannabis retailer business or lower-potency hemp edible retailer
business in writing the grounds for the suspension.
J. Length of Suspension. The suspension of a registration may be for up to 30 calendar days,
unless OCM suspends the license for a longer period. The business may not make sales to
customers if their registration is suspended. A registration may be reinstated if it determines
that the violations have been resolved.
1413.06 Civil Penalties.
A civil penalty, as established in the city's fee schedule shall be charged for registration violations,
up to $2,000 for each violation.
1413.07 Limiting of Registrations
A. The city shall limit the number of cannabis retailer businesses to no fewer than one
registration for every 12,500 residents within the city.
1413.08 Temporary Cannabis Event Permit.
A. A permit is required to be issued and approved by the city prior to holding a Temporary
Cannabis Event.
B. Registration&Application Procedure
a. A registration fee, as established in the city's fee schedule shall be charged to applicants
for Temporary Cannabis Events.
b. Application Submittal&Review.
(a) An applicant for a License or Permit shall fill out an application form. The
application for a License or Permit under this subsection shall be made on a form
supplied by the city clerk, said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. Such other information the city shall require.
(b) The applicant shall include with the form:
i. the application fee as required in 1413.08.B.a;
ii. a copy of the OCM cannabis event license application, submitted pursuant to
342.39 subd. 2.
(c) The application shall be submitted to the City Clerk, or other designee for
review. If the designee determines that a submitted application is incomplete,
they shall return the application to the applicant with the notice of deficiencies.
(d) Once an application is considered complete, the designee shall inform the
Page 37 of 48
applicant as such, process the application fees, and forward the application to the
City Council for approval or denial.
(e) The application fee shall be non-refundable once processed.
c. A request for a Temporary Cannabis Event that meets the requirements of this Section
shall be approved. A request for a Temporary Cannabis Event that does not meet the
requirements of this Section shall be denied. The City Clerk shall notify the applicant of
the standards not met and basis for denial.
C. On-site consumption. On-site consumption of adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles,hemp-derived consumer products, or any combination
of those items is prohibited.
D. Hours of operation. Temporary cannabis events shall only be held between the hours of 10
a.m. and 9 p.m.
E. Location. Temporary cannabis events shall only be held indoors.
Section 18. This ordinance shall be in full force and effect from and after its passage and publication
according to law. Passed by the Oak Park Heights City Council this day of , 2024.
ATTEST:
,City Administrator ++++,Mayor
Page 38 of 48
RESOLUTION 24-11-34
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,MINNESOTA
A RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF
ORDINANCE AMENDING CHAPTER 401 ZONING AND LAND SUBDIVISION
FOR CANNABIS AND HEMP BUSINESSES AND AMENDING CHAPTER 1413
PROVIDING FOR THE REGISTRATION OF CANNABIS AND HEMP
BUSINESSES IN THE CITY
WHEREAS, the City of Oak Park Heights is a political subdivision, organized
and existing under the laws of the State of Minnesota; and
WHEREAS, the City has enacted Ordnance No. 2024-401-03 amending City
Ordinances, Chapter 401 related to zoning for cannabis and hemp businesses and Chapter
1413 related to registration for cannabis and hemp businesses; and
WHEREAS, the new ordinance is lengthy and the Council finds that publication
of the title and a summary of the ordinance will clearly inform the public of the intent and
effect of this ordinance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Oak Park Heights hereby approves the following summary of Ordinance 2024-401-03 for
purposes of legal publication in the City's official newspaper:
NOTICE IS GIVEN that on November 26, 2024, the Oak Park Heights City Council
adopted Ordinance No. 2024-401-03 entitled "AN ORDINANCE AMENDING
CHAPTER 400 ZONING AND LAND SUBDIVISION FOR CANNABIS AND
HEMP BUSINESSES AND AMENDING CHAPTER 1400 PROVIDING FOR THE
REGISTRATION OF CANNABIS AND HEMP BUSINESSES IN THE CITY"
NOTICE IS FURTHER GIVEN that said ordinance is summarized as follows:
Chapter 401 is revised to define cannabis and hemp-related uses; establish zoning
districts for cannabis and hemp businesses; implement distance requirements from
schools, parks, and child-care centers; and outline operating conditions; and
Chapter 1413 is revised to establish a registration requirement for cannabis and
hemp businesses.
The foregoing summary is provided per statutes in lieu of publishing the entire
ordinance. The full ordinance is available for inspection at the City Hall upon
request and can be provided via mail or email upon written request.
Passed by the City Council of Oak Park Heights this 26t"day of November, 2024.
Mary McComber, Mayor
ATTEST:
Jacob Rife, City Administrator
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