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09-23-24-WS
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09-23-24-WS
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Cities can adopt reasonable restrictions on the time, place and manner of cannabis operations, <br />including the location of registrations, hours of operation and number of registrations issued. <br />Areas for Council discussion may include the following: <br />Cities are required to update their ordinances regarding zoning for cannabis businesses. <br />Staff therefore requests Council consider zoning regulations, noting Statute allows cities <br />to adopt restrictions if they so choose by prohibiting registrations within: <br />0 1,000 feet of a school <br />0 500 feet of a daycare <br />0 500 feet of a residential treatment facility <br />0 500 feet from an attraction in a public park regularly used by minors, such as a <br />playground or athletic field. <br />The sale of cannabis is not allowed between 2 am and 8 am Monday through Saturday or <br />between 2 am and 10 am on Sunday. Cities may further prohibit sales between 9 pm and <br />2 am or between 8 am and 10 am Monday through Saturday if they choose. Staff requests <br />Council consider providing direction on potential limitations on the hours of operation of <br />cannabis retailers. <br />Cities can limit the number of retail businesses but must allow at least one per 12,500 <br />residents. How many registrations does the Council wish to allow? <br />o If the City receives multiple inquiries for registrations, options for selection could <br />include a lottery, on a first-come/first-served model, rolling approvals, and other <br />options. The OCM recommends cities that plan to limit retail registrations work <br />with their City Attorney to develop a process for issuing registrations. <br />o Cities can impose fees for registrations. For example: <br />■ An initial retail registration fee of $500 or up to half the amount of the <br />applicable initial license fee under section 342.11, whichever is less, can <br />be charged. The initial registration fee must include the fee for initial <br />registration and the first annual renewal. <br />■ A renewal retail registration fee of $1,000 or up to half the amount of the <br />applicable renewal license fee under section 342.11, whichever is less, can <br />be charged. <br />Please note that the OCM has created a model ordinance for cities (see Attachment B) which <br />provides guidance; however it is recommended cities work with their City Attorney. <br />At this time, City staff is seeking preliminary direction from the City Council regarding how it <br />wants to proceed with zoning and locations for cannabis businesses as well as the number of <br />registrations in the city. Based on Council direction, staff would work with the City Attorney and <br />provide a draft ordinance to Council for consideration at future meeting. <br />Budget Impact <br />TBD based on the Council's direction. <br />Attachments <br />Attachment A: Interim Ordinance 2023-010 <br />Attachment B: OCM Cannabis Model Ordinance <br />Page 2 of 2 <br />
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