HomeMy WebLinkAboutOrdinance No. 147 Cannabis BusinessesCity of Gem Lake, Ramsey County, Minnesota
Cannabis Businesses
Ordinance No. 147
AN ORDINANCE REGULATING CANNABIS BUSINESSES WITHIN THE CITY OF GEM LAKE
The City Council of the City of Gem Lake Ordains:
Section 1. Administration.
Findings and Purpose. The City of Gem Lake 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 Gem Lake to protect the public health, safety, welfare of Gem Lake residents by regulating cannabis
businesses within the legal boundaries of the City of Gem Lake. The City of Gem Lake finds and concludes
that the proposed provisions are appropriate and lawful land use regulations for Gem Lake, 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.
2. Authority and Jurisdiction. The City of Gem Lake has the authority to adopt this ordinance pursuant to:
1. 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 a cannabis business provided that
such restrictions do not prohibit the establishment or operation of cannabis businesses.
2. Minn. Stat. 342.22, regarding the local registration and enforcement requirements of state -licensed
cannabis retail businesses and lower -potency hemp edible retail businesses.
3. Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.
4. Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning ordinances.
This Ordinance shall be applicable to the legal boundaries of the City of Gem Lake.
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.
4. Enforcement. The City of Gem Lake, or its designated official, 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. Violations of this
ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this
ordinance.
Section 2. 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.
1. Cannabis Cultivation. A cannabis business licensed to grow cannabis plants within the approved amount
of space from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package
and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport
cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions
approved by the office.
2. Cannabis Business. Any business included in the definition of `cannabis business' in Minnesota Stat.,
Section 342.01, subd. 14.
Ordinance No. 147 Cannabis Businesses
3. Cannabis Retail Businesses. A retail location and the retail location(s) of a mezzobusinesses with a retail
operations endorsement, microbusinesses with a retail operations endorsement, medical combination
businesses operating a retail location, and lower -potency hemp edible retailers.
4. Cannabis Retailer. Any person, partnership, firm, corporation, or association, foreign or domestic, selling
cannabis product to a consumer and not for the purpose of resale in any form.
5. Daycare. A location licensed with the Minnesota Department of Human Services 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.
6. Lower -Potency Hemp Edible. As defined under Minn. Stat. 342.01, subd. 50.
7. Office of Cannabis Management. Minnesota Office of Cannabis Management, referred to as "OCM" in
this ordinance.
8. Place of Public Accommodation. A business, accommodation, refreshment, entertainment, recreation, or
transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges,
advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
9. Preliminary License Approval. OCM pre -approval for a cannabis business license for applicants who
qualify under Minn. Stat. 342.17.
10. Public Place. A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general
public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals;
nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings,
and other places of public accommodation.
11. Residential Treatment Facility. As defined under Minn. Stat. 245.462, subd. 23.
12. Retail Registration. An approved registration issued by the City of Gem Lake to a state- licensed cannabis
retail business.
13. School. 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.
14. State License. An approved license issued by OCM to a cannabis retail business.
Section 3. Registration of Cannabis Businesses.
1. Consent to registering of Cannabis Businesses.
1. No individual or entity may operate a state -licensed cannabis retail business within the City of
Gem Lake without first registering with the City of Gem Lake.
2. Any state -licensed cannabis retail business that sells to a customer or patient without valid retail
registration shall incur a civil penalty of up to $2,000 for each violation.
3. Notwithstanding the foregoing provisions, the state shall not issue a license to any cannabis
business to operate in Indian country, as defined in United States Code, Title 18, Section 1151, of a
Minnesota Tribal government without the consent of the Tribal government.
2. Compliance Checks prior to a Retail Registration.
Ordinance No. 147 Cannabis Businesses
1. Prior to issuance of a cannabis retail business registration, the City of Gem Lake or its authorized
agent shall conduct a preliminary compliance check to ensure compliance with local ordinances.
2. Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from
OCM, the City of Gem Lake shall certify on a form provided by OCM whether a proposed
cannabis retail business complies with local zoning ordinances and, if applicable, whether the
proposed business complies with the state fire code and building code.
3. Registration and Application Procedure.
1. Fees.
1. The City of Gem Lake shall not charge an application fee.
2. A registration fee, as established in the City of Gem Lake's fee schedule, shall be charged
to applicants depending on the type of retail business license applied for.
3. An initial retail registration fee shall not exceed $500 or half the amount of an initial state
license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall
include the initial retail registration fee and the first annual renewal fee.
4. Any renewal retail registration fee imposed by the City of Gem Lake shall be charged at
the time of the second renewal and each subsequent renewal thereafter.
5. A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal
state license fee under Minn. Stat. 342.11, whichever is less.
6. A medical combination business operating an adult -use retail location may only be
charged a single registration fee, not to exceed the lesser of a single retail registration fee,
defined under this section, of the adult -use retail business.
2. Application Submittal.
1. The City of Gem Lake shall issue a retail registration to a state -licensed cannabis retail
business that adheres to the requirements of Minn. Stat. 342.22.
2. An applicant for a retail registration shall fill out an application form, as provided by the
City of Gem Lake. Said 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 for the property which the retail registration is
sought;
4. Certification that the applicant complies with the requirements of local
ordinances established pursuant to Minn. Stat. 342.13.
3. The applicant shall include with the form:
1. The registration fee as required in Section 3.3.1;
2. A copy of a valid state license or written notice of OCM license pre -approval;
Ordinance No. 147 Cannabis Businesses
4. Once an application is considered complete, the City of Gem Lake shall inform the
applicant as such, process the application fees, and forward the application to the City
Council for approval or denial.
5. The application fee shall be non-refundable once processed.
3. Application Approval.
1. 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 3.6.
2. 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.
3. A state -licensed cannabis retail business application that meets the requirements of this
ordinance shall be approved.
4. Annual Compliance Checks.
1. The City of Gem Lake or its authorized agent 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 342.24
and this ordinance.
2. The City of Gem Lake or its authorized agent shall conduct a minimum of one
unannounced age verification compliance check at least once per calendar year.
3. Age verification compliance checks shall 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 flower, adult -use
cannabis products, lower -potency hemp edibles, or hemp -derived consumer products
under the direct supervision of a law enforcement officer or an employee of the local unit
of government.
4. Any failures under this section must be reported to the Office of Cannabis Management.
5. Location Change.
1. A state -licensed cannabis retail business shall be required to submit a new application for
registration under Section 3.3.2 if it seeks to move to a new location still within the legal
boundaries of the City of Gem Lake.
4. Renewal of Registration.
1. The City of Gem Lake shall renew an annual registration of a state -licensed cannabis retail
business at the same time OCM renews the cannabis retail business' license.
2. A state -licensed cannabis retail business shall apply to renew registration on a form established by
the City of Gem Lake.
3. A cannabis retail registration issued under this ordinance shall not be transferred.
4. Renewal Fees.
Ordinance No. 147 Cannabis Businesses
1. The City of Gem Lake may charge a renewal fee for the registration starting at the second
renewal, as established in the City of Gem Lake's fee schedule.
5. Renewal Application.
1. The application for renewal of a retail registration shall include, but is not limited to:
1. Items required under Section 3.3.2 of this Ordinance.
5. Suspension of Registration.
1. When Suspension is Warranted. The City of Gem Lake may suspend a cannabis retail business's
registration if it violates the ordinance of Gem Lake or poses an immediate threat to the health or
safety of the public. The City of Gem Lake shall immediately notify the cannabis retail business in
writing the grounds for the suspension.
2. Notification to OCM. The City of Gem Lake shall immediately notify the OCM in writing the
grounds for the suspension. OCM will provide the City of Gem Lake cannabis business retailer a
response to the complaint within seven calendar days and perform any necessary inspections
within 30 calendar days.
3. 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.
1. The City of Gem Lake may reinstate a registration if it determines that the violations
have been resolved.
2. The City of Gem Lake shall reinstate a registration if OCM determines that the
violation(s) have been resolved.
4. Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the City of Gem Lake may impose a
civil penalty, as specified in the City of Gem Lake's Fee Schedule, for registration violations, not
to exceed $2,000.
6. Limiting of Registrations. The City of Gem Lake shall limit the number of cannabis retail businesses to no
fewer than one registration for every 12,500 residents within the City of Gem Lake.
1. If Ramsey County has one active cannabis retail businesses registration for every 12,500 residents,
the City of Gem Lake shall not be required to register additional state -licensed cannabis retail
businesses.
Section 4. Requirements for Cannabis Businesses.
1. Minimum Buffer Requirements.
1. The City of Gem Lake shall prohibit the operation of a cannabis business within 1,000 feet of a
school.
2. The City of Gem Lake shall prohibit the operation of a cannabis business within 500 feet of a day
care.
3. The City of Gem Lake shall prohibit the operation of a cannabis business within 500 feet of a
residential treatment facility.
Ordinance No. 147 Cannabis Businesses
4. The City of Gem Lake 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.
5. Pursuant to Minn. Stat. 462.357 subd. le, nothing in Section 4.1 shall prohibit an active cannabis
business or a cannabis business seeking registration from continuing operation at the same site if a
school/daycare/residential treatment facility/attraction within a public park that is regularly used
by minors moves within the minimum buffer zone.
2. Zoning and Land Use.
1. The following cannabis business licenses or endorsed for businesses are permitted as a conditional
use in the Gateway District — Neighborhood Center (NC) in Gem Lake:
1. Cannabis Cultivator, Cannabis Delivery Service, Cannabis Event Organizer, Cannabis
Manufacturer, Cannabis Mezzobusiness, Cannabis Microbusiness, Cannabis Retailer,
Cannabis Testing Facility Cannabis Transporter, Cannabis Wholesaler, Low -Potency
Hemp Edible Manufacturer, and Medical Cannabis Combination Business.
3. Hours of Operation.
1. The City of Gem Lake limits the retail sale of cannabis flower, cannabis products, lower -potency
hemp edibles, or hemp -derived consumer products to the hours of:
1. Monday — Sunday: 10:00 a.m. — 9:00 p.m.
4. Advertising.
1. Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the building or
property of the business, unless otherwise limited by the City of Gem Lake's Consolidated Land
Use Ordinance.
Section 5. Temporary Cannabis Events.
1. License or Permit required for Temporary Cannabis Events.
1. A license or permit is required to be issued and approved by the City of Gem Lake prior to holding
a Temporary Cannabis Event.
2. A registration fee, as established in Gem Lake's fee schedule, shall be charged to applicants for
Temporary Cannabis Events.
3. The City of Gem Lake shall require an application for Temporary Cannabis Events.
1. An applicant for a retail registration shall fill out an application form, as provided by the
City of Gem Lake. Said 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;
2. The applicant shall include with the form:
1. The registration fee as required in Section 5.1.2;
Ordinance No. 147 Cannabis Businesses
2. A copy of the OCM cannabis event license application, submitted pursuant to
342.39 subd. 2.
3. The application shall be submitted to the City of Gem Lake 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.
4. 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. The application fee shall be non-refundable once processed.
4. The application for a license for a Temporary Cannabis Event shall meet the following standards:
1. On -site consumption is prohibited
5. A request for a Temporary Cannabis Event that meets the requirements of this Section shall be
approved.
6. A request for a Temporary Cannabis Event that does not meet the requirements of this Section
shall be denied. The City shall notify the applicant of the standards not met and basis for denial.
Section 6. Lower -Potency Hemp Edibles.
1. Sale of Low -Potency Hemp Edibles. The sale of Low -Potency Edibles is permitted, subject to the
conditions within this Section.
2. Zoning Districts. Low -Potency Edibles businesses are permitted as a (type of use) in the following zoning
districts:
1. Gateway District — Neighborhood Center (NC)
3. Additional Standards.
1. The sale of Low -Potency Edibles is permitted in a Municipal Liquor Store.
2. The sale of Low -Potency Edibles is permitted only in places that admit persons 21 years of age or
older.
3. The sale of Low -Potency Hemp Beverages is permitted in places that meet requirements of this
Section.
4. Low -Potency Edibles shall be sold behind a counter and stored in a locked case.
Section 7. Local Government as a Cannabis Retailer.
1. The City of Gem Lake may establish, own, and operate one municipal cannabis retail business subject to
the restrictions in this chapter.
2. The municipal cannabis retail store shall not be included in any limitation of the number of registered
cannabis retail businesses under Section 3.6.
3. The City of Gem Lake shall be subject to all same rental license requirements and procedures applicable to
all other applicants.
Ordinance No. 147 Cannabis Businesses
Section 8. Use in Public Places. No person shall use cannabis flower, cannabis products, lower -potency hemp
edibles, or hemp -derived consumer products in a public place or a place of public accommodation unless the
premises is an establishment, or an event licensed to permit on -site consumption of adult -use.
Section 9. Penalty. Any individual found in violation of any provision of this ordinance, including disobedience of a
property placard, shall be a guilty of a misdemeanor.
Section 10. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of
competent jurisdiction, the validity of the remaining provisions shall not be affected.
Section 11. Effective Date. This Ordinance shall take effect and be in force from and after is passage and
publication.
Dated: January 21, 2025
APPROVED:
G&C.&,1169'-8Wn14
Gretchen Artig-Swomley, Mayor
ATTEST:
Vie" X"vunw
Melissa Lawrence, Acting City Clerk
Ordinance No. 147 Cannabis Businesses
City of Gem Lake, Ramsey County, Minnesota
Cannabis Businesses
Ordinance No. 147
This ordinance regulating cannabis businesses within the City of Gem Lake was originally enacted by the City on
January 21, 2025. Since that time, the City Council has made amendments to the Ordinances in keeping with
changes in State law and the wishes of the community. The following table indicates the original Ordinances and the
said amendments.
Ordinance
Description
I Enactment
147
An ordinance regulating cannabis businesses within the City of Gem Lake.
1 21 January 2025
Ordinance No. 147 Cannabis Businesses