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03.a Draft Cannabis Ordinance Language - UpdatedCannabis Model Ordinance Section 1 Administration Section 2 Registration of Cannabis Business Section 3 Temporary Cannabis Events Section 4 Lower Potency Hemp Edibles AN ORDINANCE OF THE CITY OF SCANDIA TO REGULATE CANNABIS BUSINESSES The City Council of Scandia hereby ordains: Section 1. Administration 1.1 Findings and Purpose The City of Scandia makes the following legislative findings: The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Scandia to protect the public health, safety, welfare of City residents by regulating cannabis businesses within the legal boundaries of Scandia The City of Scandia finds and concludes that the proposed provisions are appropriate and lawful land use regulations for Scandia that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good. 1.2 Authority & Jurisdiction The City of Scandia has the authority to adopt this ordinance pursuant to: a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of cannabis businesses and hemp businesses. b) Minn. Stat. 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis microbusinesses, cannabis mezzobusinesses, cannabis retailers, medical cannabis combination businesses, or lower-potency hemp edible retailers. c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places. d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning ordinances. Ordinance shall be applicable to the legal boundaries of Scandia 1.3 Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 1.4 Enforcement The City Administrator is responsible for the administration and enforcement of this ordinance. 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. 1.5 Definitions 1. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this ordinance. 2. Preliminary License Approval: OCM pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17. 3. State License: An approved license issued by the State of Minnesota’s Office of Cannabis Management to a cannabis business. Section 2. Registration of Cannabis Businesses 2.1 Consent to registering of Cannabis Businesses No individual or entity may operate a cannabis microbusiness, cannabis mezzobusiness, cannabis retailer business, medical cannabis combination business, or lower-potency hemp edible retailer business within Scandia without first registering with the City of Scandia Any cannabis microbusiness, cannabis mezzobusiness, cannabis retailer business, medical cannabis combination business, or lower-potency hemp edible retailer business that sells to a customer or patient without valid registration shall incur a civil penalty of up to $2,000 for each violation. 2.2 Compliance Checks Prior to Retail Registration Prior to issuance of a registration, Scandia shall conduct a preliminary compliance check to ensure compliance with local ordinances. 2.3 Registration & Application Procedure 2.3.1 Fees. A registration fee, as established in Scandia’s fee schedule, shall be charged to applicants depending on the type of license applied for. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee. Any renewal retail registration fee imposed by Scandia shall be charged at the time of the second renewal and each subsequent renewal thereafter. 2.3.2 Application Submittal. The City shall issue a registration to a business with a State License that adheres to the requirements of Minn. Stat. 342.22. (A) An applicant for a retail registration shall fill out an application form, as provided by the City of Scandia. 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. (B) The applicant shall include with the form: i. the application fee as required in [Section 2.3.1]; ii. a copy of a valid state license or written notice of OCM license preapproval; iii. Such other information as the city shall require. (C) 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. (D) The application fee shall be non-refundable once processed. 2.3.3 Application Approval (A) A registration application shall not be approved if the cannabis business would exceed the maximum number of registered cannabis businesses permitted under Section 2.6. (B) A registration application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. (C) A registration application that meets the requirements of this ordinance shall be approved. 2.3.4 Annual Compliance Checks. The Washington County Sheriff’s Office shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24. The Washington County Sheriff’s Office shall conduct at minimum one unannounced age verification compliance check at least once per calendar year in accordance with Minnesota Statute. 2.3.5 Location Change A cannabis microbusiness, cannabis mezzobusiness, cannabis retailer business, medical cannabis combination business, or lower-potency hemp edible retailer business shall be required to submit a new application for registration under Section 2.3.2 if it seeks to move to a new location still within the legal boundaries of Scandia 2.4 Renewal of Registration A state-licensed cannabis retail business shall apply to renew registration on a form established by Scandia. A cannabis retail registration issued under this ordinance shall not be transferred. 2.4.1 Renewal Fees. The City charges a renewal fee for the registration starting at the second renewal, as established in Scandia’s fee schedule. 2.4.2 Renewal Application. The application for renewal of a retail registration shall include, but is not limited to:  Items required under Section 2.3.2 of this Ordinance. 2.5 Suspension of Registration 2.5.1 When Suspension is Warranted. The City may suspend a registration if it violates the ordinance of the City or poses an immediate threat to the health or safety of the public. The City shall immediately notify the cannabis retail business in writing the grounds for the suspension. 2.5.2 Length of Suspension. The suspension of a cannabis retail business 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. The City may reinstate a registration if it determines that the violations have been resolved. 2.5.3 Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the City imposes a civil penalty, as specified in the City’s Fee Schedule, for registration violations, up to $2,000. 2.6 Limiting of Registrations (Optional) The (insert local here) shall limit the number of cannabis retail businesses to no fewer than one registration for every 12,500 residents within the City of Scandia (Optional) If (insert county here) has one active cannabis retail businesses registration for every 12,500 residents, the City shall not be required to register additional state-licensed cannabis retail businesses. (Optional) The City shall limit the number of cannabis retail businesses to (insert number <= minimum required). Section 4. Temporary Cannabis Events 4.1 License or Permit Required for Temporary Cannabis Events 4.1.1 License Required. A license or permit is required to be issued and approved by the City of Scandia 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. 4.1.3 Application Submittal & Review. The City shall require an application for Temporary Cannabis Events. (A) An applicant for a retail registration shall fill out an application form, as provided by the City 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 as the City may require. (B) The applicant shall include with the form: i. the application fee as required in (Section 4.1.2); ii. a copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2. 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. (C) Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the application to the (insert staff/department, or elected body that will approve or deny the request) for approval or denial. (D) The application fee shall be non-refundable once processed. (E) The application for a license for a Temporary Cannabis Event shall meet the following standards:  Insert standards here (G) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The City of Scandia shall notify the applicant of the standards not met and basis for denial. Temporary cannabis events shall only be held at (insert local place). Temporary cannabis events shall only be held between the hours of 10:00 am and 9:00 p.m. Section 4. Lower-Potency Hemp Edibles 5.1 Sale of Low-Potency Hemp Edibles The sale of Low-Potency Edibles is permitted, subject to the conditions within this Section. 5.2 (Optional) Additional Standards 5.2.1 Age Requirements. The sale of Low-Potency Edibles is permitted only in places that admit persons 21 years of age or older.