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233576v1233576v1 <br />Make sure to do proposed ordinance notification process <br />Ordinance 24-___ <br />An Ordinance Amending Chapter XX Section XX, TITLE, of The City of Elk <br />River, Minnesota Relating to Cannabis Retail Business Registration <br />The City Council of the City of Elk River hereby ordains: <br />Section 1. Administration <br />1.1 Findings and Purpose <br />The city makes the following legislative findings: <br />The purpose of this ordinance is to implement the provisions of Minnesota Statutes, <br />chapter 342, which authorizes the city to protect the public health, safety, welfare of <br />residents by regulating cannabis businesses and lower-potency hemp businesses. <br />1.2 Authority & Jurisdiction <br />The city has the authority to adopt this ordinance pursuant to: <br />a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to <br />adopt reasonable restrictions of the time, place, and manner of the operation <br />of a cannabis business provided that such restrictions do not prohibit the <br />establishment or operation of cannabis businesses. <br />b) Minn. Stat. 342.22, regarding the local registration and enforcement <br />requirements of state-licensed cannabis retail businesses and lower-potency <br />hemp edible retail businesses. <br />1.3 Severability <br />If any section, clause, provision, or portion of this ordinance is adjudged <br />unconstitutional or invalid by a court of competent jurisdiction, the remainder of this <br />ordinance shall not be affected thereby. <br />1.4 Enforcement <br />The city administrator or designee is responsible for the administration and <br />enforcement of this ordinance. Any violation of the provisions of this ordinance or <br />failure to comply with any of its requirements constitutes a misdemeanor and is <br />punishable as defined by law. Violations of this ordinance can occur regardless of <br />whether a registration is required for a regulated activity listed in this ordinance. <br />1.5 Definitions <br />1.Unless otherwise noted in this section, words and phrases contained in Minn. Stat. <br />342.01 and the rules promulgated pursuant to any of these acts, shall have the same <br />meanings in this ordinance. <br />Commented [TA1]: Should we have some type of <br />repeal or sunset date for the current THC ordinance? <br />Commented [PC2R1]: Do we need to? How will <br />they be handled differently than cannabis? We may <br />have more work to do to ensure tobacco shops with <br />hemp-based THC aren’t instead carrying cannabis? <br />Commented [LK3R1]: OCM is messaging that <br />licensing will not be occurring right away in 2025. <br />OCM has said that cities can continue their current <br />licensing systems for hemp until the State’s is up and <br />running. So I would not repeal and replace the hemp <br />licensing language just yet. <br />Page 197 of 204