HomeMy WebLinkAboutOrd. #139, Second Series - Regulation of Adult Use Cannabis Business OperationsTHE CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE NO. 139
SECOND SERIES
AN ORDINANCE TO REGULATION OF ADULT USE CANNABIS
BUSINESS OPERATIONS
CHAPTER 122
The City Council of the City of Centerville hereby ordains.
Section 1. That Chapter 122 shall be adopted, as follows:
REGULATION OF ADULT USE CANNABIS BUSINESS OPERATIONS
See.122-101. Purpose.
The purpose of this ordinance is to establish State licensing, City registration, and business
operational requirements related to Adult Use Cannabis Products in the City of Centerville.
See. 122-102. Findings of City Council.
The City Council makes the following findings regarding the need to regulate, register,
and inspect business establishments that sell certain cannabis products:
(1) The purpose of this ordinance is to implement the provisions of Minnesota
Statutes, chapter 342, which authorizes the City of Centerville to protect the public health, safety,
and welfare of its residents by regulating Cannabis Retail Businesses within its legal boundaries
(2) Due to the passage of this new law by the Minnesota Legislature, the City Council
believes the following rules, regulations, and standards for registering the sale of cannabinoid
products are necessary to promote and protect the public health, safety, and general welfare of
the residents of Centerville.
See. 122-103 Definitions.
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.
Adult -Use Cannabis Product means a cannabis product that is approved for sale by the OCM or
is substantially similar to a product approved by the OCM. Adult -Use Cannabis Product includes
edible cannabis products but does not include Medical Cannabinoid Products or lower -potency
hemp edibles.
Cannabis Retail Business means a business licensed by the OCM and registered with the City to
sell Adult -use cannabis products directly to customers including Medical Cannabinoid Products.
Cannabis Retail Business does not include any other cannabis State license types including those
who may have a combination license, which includes a retail component.
Daycare means a location licensed with the Minnesota Department of Human Services,
including residential locations, to provide the care of a child in a residence outside the child's
own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
Medical Cannabinoid Product is as defined under Minn. Stat. 342.01 subd. 52. Medical
Cannabinoid Product does not include Adult -Use Cannabis Products or hemp -derived consumer
products.
Office of Cannabis Management means the Minnesota Office of Cannabis Management, referred
to as "OCM" in this ordinance.
Preliminary License Approval means an OCM pre -approval for a Cannabis Retail Business
license for applicants who qualify under Minn. Stat. 342.17.
Residential Treatment Facility is as defined under Minn. Stat. 245,462 subd. 23.
Retail Registration means an approved registration issued by the City of Centerville to a state -
licensed Cannabis Retail Business.
School means a public school as defined under Minn. Stat. 120A.05 or a nonpublic school that
must meet the reporting requirements under Minn. Stat. 120A.24.
State License means an approved license issued by the OCM to a Cannabis Retail Business.
Sec. 122-104. Personal Adult Use of Cannabis.
Personal adult use, possession, and transportation of cannabis flower and cannabinoid
products shall be allowed as authorized under M.S.A §342.09 and as regulated by City Code.
Sec. 122-105. Limit of Privately Held Cannabis Retail Businesses Licensed in the City of
Centerville.
(a) The number of licensed cannabis retailer businesses in the City that may receive a
retail registration is limited to one (1) private business for every 12,500 residents.
(b) If Anoka County has the equivalent of one (1) active Cannabis Retail Business
registration for every 12,500 residents in the County, then the City shall not be
required to register additional state -licensed private Cannabis Retail Businesses.
Sec 122-106. City of Centerville Operated Cannabis Retail Businesses.
The City of Centerville may operate Cannabis Retail Businesses at the discretion of the
Centerville City Council. A City operated Cannabis Retail Business shall not be counted against
the license limits under Section 122-105(a).
Sec. 122-107. State of Minnesota Issued Cannabis License Required.
All licensees under this Article must obtain a license from the OCM prior to selling any
adult -use cannabis products and must comply with the provisions of this Article and all state and
federal laws and regulations.
Sec. 122-108. City Cannabis Retail Business Registration Required.
Before making retail sales to customers or patients, a Cannabis Retail Business must
register with the City and pay the City Registration fee. A violation of this Section shall subject
the violator to a civil penalty, as set forth in the City's Fee Schedule, in an amount not to exceed
$2,000 for each violation.
Sec. 122-109. City Registration and Renewal Fees.
The City registration and renewal fees are established as part of the City's official Fee Schedule
adopted annually and amended from time to time, are nonrefundable, and shall be charged as part of
the registration process or renewal process as the case may be. A Cannabis Retail Business licensed
to sell both adult -use cannabis and Medical Cannabinoid Products at the same location may only
be charged a single City registration or renewal fee, as the case may be. The initial registration
fee shall include the initial retail registration fee and the first annual renewal fee. Subsequent
renewal fees shall be charged at the time of the second renewal and each subsequent annual
renewal thereafter.
Sec 122-110. City Registration Application Submittal.
The City shall issue a retail registration to a state -licensed Cannabis Retail Business that
adheres to the requirements of Minn. Stat. 342.22 and all requirements of this ordinance.
(a) An applicant for a retail registration shall fill out an application form, as provided
by the City of Centerville. The form shall include, but is not limited to:
(1) Full name of the property owner and applicant;
(2) Address, email address, and telephone number of the applicant;
(3) The address and parcel ID of the property for which the retail registration is sought;
(4) Certification that the applicant complies with the requirements of all local
ordinances;
(5) Required Registration Fee; and
(6) A copy of a valid state license or written notice of OCM license preapproval.
(b) Once an application is considered complete, the City of Centerville shall inform
the applicant as such, process the registration fees, and forward the application to
the City Council for approval or denial.
(c) The registration fee shall be non-refundable once processed.
(d) A state -licensed Cannabis Retail Business application shall not be approved if the
Cannabis Retail Business would exceed the maximum number of registered
Cannabis Retail Businesses permitted under Section 122-105.
(e) A state -licensed Cannabis Retail Business application shall not be approved or
renewed if the applicant is unable to meet the requirements of this ordinance.
(f) If multiple valid applications for retail registration exceeding the number of
registered Cannabis Retail Businesses permitted under Section 122-105 are
received by the City at the same time, the issuance of retail registrations shall be
in accordance with a lottery system conducted by the City,:
Sec. 122-111. Issuance of City Registration.
(a) The City will issue a City Registration to a Cannabis Retail Business that:
(1) has a valid license issued by the OCM;
(2) has paid the registration fee or renewal fee pursuant to Sec. 122-109;
(3) is found to be in compliance with the requirements of Minnesota Statutes
Chapter 342 at any preliminary compliance check that the City performs; and
(4) is current on all property taxes and assessments at the location where the retail
establishment is located.
(b) Before issuing a retail registration, the City may conduct a preliminary compliance
check to ensure that the Cannabis Retail Business is in compliance with the
applicable operation requirements and the limits on the types of Adult -use cannabis
products that may be sold.
(c) The City issued registration may not be transferred.
Sec 122-112 Location Change Within City Limits.
A state -licensed Cannabis Retail Business shall be required to submit a new application
for City registration under Section 122-110 if it seeks to move to a new location still
within the legal boundaries of the City of Centerville.
Sec. 122-113 Renewal of Registration.
(a) The City registration shall be required to be renewed when a license is renewed
with the OCM.
(b) A Cannabis Retail Business shall apply to renew registration on a form established
by the City.
(c) The City may charge a renewal fee for the registration starting at the second renewal,
as established in the City's Fee Schedule.
(d) The application for renewal of a retail registration shall include, but not be limited
to, Items required under Section 122-110.
Sec. 122-114. Certain Locations or Areas ineligible for City Cannabis Registration.
(a) Cannabis Retail Businesses may only be located in the City's B-1 or B-2 District
and pursuant to a conditional use pennit issued by the City.
(b) No registration shall be granted to:
(1) Any Cannabis Retail Business that is not in full compliance with this Code, the
City's zoning regulations, the building code, the fire code, and all provisions of
state and federal law;
(2) A Cannabis Retail Business seeking to operate within 1,000 feet of a school; or
within 500 feet of (1) a day care; (ii) a residential treatment facility; (iii) an
attraction within a public park that is regularly used by minors, including a
playground, athletic field, tennis/pickleball courts, ice arena, or related, as
officially mapped by the City and approved by the City Council; or (iv) another
Cannabis Retail Business or Cannabis Retailer in the City.
(c) Nothing in this Section shall prohibit an active Cannabis Retail Business seeking
registration from continuing operation at the same site if a school, daycare,
residential treatment facility, or an attraction within a public park that is regularly
used by minors moves within the minimum buffer zone.
Sec. 122-115. Cannabis Retail Business Hours of Operation.
Cannabis Retail Businesses are limited to the retail sale of Adult -Use Cannabis Products
between the hours of 10:00 A.M. to 10:00 P.M. Monday through Saturday.
Sec. 122-116. Cannabis Retail Business Building Conditions.
A licensed and registered Cannabis Retail Business shall maintain compliance with state
and local building, fire, property maintenance, nuisance, and zoning requirements and/or
regulations.
Sec. 122-117. Compliance Checks and Inspections.
(a) The City, its police department, or its designee, shall conduct compliance checks
of every Cannabis Retail Business with a retail registration issued by the City at
least once each calendar year. The checks shall assess compliance with age
verification requirements, the applicable operation requirements, and the applicable
limits on the types of Adult -Use Cannabis Products being sold. Said compliance
checks may be performed by a law enforcement officer or a City employee.
(b) The City must conduct unannounced age verification compliance checks at least
once each calendar year. Age verification compliance checks must involve persons
at least 17 years of age but under the age of 21 who, with the prior written consent
of a parent or guardian if the person is under the age of 18, attempt to purchase
Adult -Use Cannabis Products under the direct supervision of a law enforcement
officer or a City employee.
Sec. 122-118 Registration Suspension and Cancellation; Notice to Office; Penalties.
(a) If the City determines that a Cannabis Retail Business is not operating in
compliance with the requirements of this Article or M.S.A. Chapter 342, or that the
operation of the business poses an immediate threat to the health or safety of the
public, the City may suspend the retail registration of the Cannabis Retail Business.
The City shall immediately notify the OCM of the suspension in writing and shall
include a description of the grounds for the suspension.
(b) The OCM shall review the retail registration suspension and may order
reinstatement of the retail registration or take any action described in M.S.A
§§ 342.19 or 342.21.
(c) The retail registration suspension may be for up to 30 days unless the OCM
suspends the license and operating privilege of the Cannabis Retail Business for a
longer period or revokes the license. The business may not make sales to customers
if their registration is suspended or revoked.
(d) The City may reinstate the retail registration if the City determines that the
violations have been resolved. The City must reinstate the retail registration if the
OCM orders reinstatement.
(e) No Cannabis Retail Business may make any sale to a customer or patient without a
valid retail registration. The City may impose a civil penalty of up to $2,000 for
each violation of this paragraph.
See.122-119 Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the City may impose
a civil penalty, as specified in the City's Master Fee Schedule, for registration violations, not to
exceed $2,000.
Section 2. Effective ,Dale. This ordinance takes effect upon its adoption and publication.
Section 3. Summary Publication. NOW, THEREFORE, BE IT RESOLVED by the City
Council of the City of Centerville, due to the lengthy nature of this Ordinance has directed that
this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4
The Council finds that the following text clearly informs the public of the intent and effect of this
Ordinance, and hereby approves the following summary text for publication. Only the following
text shall be published by the City's legal newspaper:
"SUMMARY PUBLICATION OF ORDINANCE 139, REGULATION
OF ADULT USE CANNABIS BUSINESS OPERATIONS
Said ordinance was approvedby the Centerville City Council on Dec 11, 2024. This
Ordinance creates standards governing the sale and distribution of adult use
cannabis, and the facilities which sell cannabis to the public.
NOTICE: the full text of Ordinance 139 and its attachments are available for
public inspection at Centerville City Hall located at 1880 Main Street,
Centerville, MN 55038, during regular office hours, or will be mailed or
emailed to anyone so requesting."
ADOPTED after a second reading and thereafter by a unanimous vote of the City Council of the
City of Centerville, Minnesota, this on the 11th day of December 2024.
D. Love, Mayor
ATTEST:
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Teresa Bender, City Clerk Dated