10.5 SR 11-18-2024 - Laserfiche WebLink

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233576v1233576v1 Criminal Penalty. Any violation of the provisions of this ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. The City is not precluded from other enforcement action, such as injunctive relief. 2.7 Limiting of Registrations The city shall limit the number of cannabis retail businesses to no fewer than one registration for every 12,500 residents within the City of Elk River, excluding municipal cannabis retail store(s). There is no limit on the number of low potency hemp retailers allowed in the city. Section 3. Requirements for Cannabis Businesses 3.1 Minimum Buffer Requirements The city shall prohibit the operation of a cannabis business within 500 feet of a school. The city shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. The distance limitations shall be measured from property line to property line at the nearest point or from property line to the nearest point of an attraction within a public park. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in Section 3.1 shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a (school /attraction within a public park that is regularly used by minors) moves within the minimum buffer zone. 3.2 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 Monday -Wednesday 9 a.m. - 10 p.m. Thursday-Saturday 8 a.m. – 10 p.m., and Sundays ?? Section 4. Temporary Cannabis Events 4.1 License or Permit Required for Temporary Cannabis Events 4.1.1 License Required. A Special Event Permit shall be required to be issued and approved by the city prior to holding a Temporary Cannabis Event. 4.1.2 Registration & Application Procedure A registration fee, as established in the city’s fee schedule, shall be charged to applicants for Temporary Cannabis Events. Commented [TA9]: If the Council decides to set a limit, a process should be considered to determine who gets a license: For example, first come first serve, lottery, etc. Commented [PC10R9]: I think the state determines who gets the licenses? Commented [PC11]: I don’t know if I agree here. We have hemp-based THC downtown near a park. We will only have two retailers and they need to be in commercial areas, so we really don’t have an issue but downtown… We also have a lot of mental health services downtown, like Open Doors for Youth and Thumbs Up. Commented [LK12R11]: Hemp businesses are not cannabis businesses. The city is automatically authorized to have these buffers for cannabis businesses, but not explicitly hemp businesses. Hemp businesses could be included in a buffer zone, but the City would need to be prepared to defend that choice as a “reasonable time, place, manner” restriction. Commented [PC13]: I don’t like this either, as a legit, legal business should be grandfathered in. Commented [LK14R13]: I believe Cal’s comment and the language highlighted are saying the same thing. Commented [PC15]: I think we want close the window a little, like where our liquor store hours are at? Commented [LK16R15]: City is limited on what hours it can restrict: MS 342.27 subd. 7 (b) A city or county may adopt an ordinance to prohibit sales for any period between 9:00 p.m. and 2:00 a.m. the following day or between 8:00 a.m. and 10:00 a.m. on the days of Monday through Saturday. Commented [TA17]: Not sure about this temporary section yet. Can we follow our special event ordinance for events rather than create a new temp cannabis license event? Although we do have temp. liquor permits. Need to review further. Commented [PC18R17]: yes Commented [LK19R17]: The City can decide to use its other special event regulations, but I would look at MS 342.40 regarding fees, security, and on-site consumption because these events will be different than other special events. Commented [TA20R17]: https://www.revisor.mn.gov/statutes/cite/342.40#:~: text=Samples%20of%20adult%2Duse%20cannabis,can nabis%20products%20sold%20to%20customers. Page 201 of 204