HomeMy WebLinkAbout2024-11-26 - Ordinance Amendment 2024-401-03 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
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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 S. 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:
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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 1L 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
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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;
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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 closest part of the principal
day care building, residential treatment facility and/or attraction within a public park.
2. 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:
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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.This section shall apply to
any and all signs including temporary, sandwich boards,etc.
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.
401.1 S.G. Security
Any security bars,gates or grills shall be retractable,shall remain open and retracted when the Cannabis or
Hemp business is open to the public or otherwise in operation and shall not be installed on the exterior of the
building.
401.18.H.Outdoor use.
All uses and activity shall be conducted indoors,with no storage or activity allowed.
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.
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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
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.E 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.
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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.
H. 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 four,
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;
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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 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 26`h day of November,2024.
ATTEST:
Jacob Rif C' dntinistrator iu! cCo ber,Mayor
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