HomeMy WebLinkAbout01-09-2023 Council Work Session PacketCouncil Work Session
Monday, January 9, 2023
5:00 P.M.
Orono Council Chambers,
2780 Kelley Parkway, Orono, MN 55356
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WORK SESSION
AGENDA
1.THC Ordinance and Licensing Discussion
2.Navarre Parking Lot Discussion
AGENDA ITEM
1. Purpose. The purpose of the action item is to discuss THC Licensing.
2. Background / Summary. The City of Orono approved a one year moratorium on the sale of THC.
Several policies from surrounding communities are in the packet to discuss.
3. Main Paragraph. A brief summary of each is below:
St. Cloud – License
Models itself verbatim after the statute with licensing language and some point of sale
regulations.
Requires all cannabinoid products (including CBD) retailers to be licensed before selling.
Golden Valley – License
Only licenses THC product sales and does not cover other cannabinoids like the state law does.
Requires all applicants to disclose all persons with a 5% interest in the applicant business.
Does not specifically prohibit on-site consumption.
Elk River – License
Requires all cannabinoid product retailers (except CBD and other non-intoxicating cannabinoids)
to be licensed before selling and comply with the statute.
Specifically prohibits the sale of HHC.
Allows for on-site consumption only for licensed food and beverage establishments.
Monticello – Sellers must have tobacco license
Only permits cannabinoid products to be sold if owner has a Wright County retail tobacco
license.
Exempts CBD and other non-intoxicating cannabinoid product sales.
COUNCIL ACTION REQUESTED:
Discussion and input on THC licensing.
Exhibits
THC Ordinances
A. St. Cloud
B. Golden Valley
C. Elk River
D. Monticello
E. Spring Park
Item No.: 1 Date: January 9, 2023
Item Description: THC Ordinance and Licensing Discussion
Presenter: Correy Farniok
Police Chief
Agenda
Section:
Work Session
Section 430
Cannabinoid Products
Section 430:00. Purpose. The purpose of this ordinance is to establish licensing regulations for
the sale of cannabinoid products derived from hemp as provided in Minn. Stat. § 151.72.
Section 430:05. Findings of City Council. The City Council makes the following findings
regarding the need to regulate, license, and inspect establishments that sell certain cannabinoid
products:
(1) By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature
amended Minn. Stat. § 151.72 to allow for the sale of certain cannabinoid products.
(2) This new law does not prohibit municipalities from licensing the sale of cannabinoid
products derived from hemp locally.
(3) The National Academies of Science, Engineering, and Medicine note that the growing
acceptance, accessibility, and use of cannabis and its derivatives have raised important
public health concerns, while the lack of aggregated knowledge of cannabis-related
health effects has led to uncertainly about the impact of its use.
(4) The Minnesota Legislature recognized the danger of cannabis use among youth by
prohibiting the sale of any product containing cannabinoid or tetrahydrocannabinol
(THC) extracted or otherwise derived from hemp to those under the age of 21 and
requiring that edible cannabinoid products be packaged without appeal to children and
in child-resistant packaging or containers.
(5) Due to the passage of this new law by the Minnesota Legislature, the City Council
believes the following rules, regulations, and standards for licensing the sale of
cannabinoid products are necessary to promote and protect the public health, safety,
and general welfare of the residents of St. Cloud.
Section 430:10. Definitions.
Subd. 1. “Cannabinoid product” means any product containing nonintoxicating
cannabinoids extracted from hemp, including an edible cannabinoid product, that is sold
for human or animal consumption.
Subd. 2. “Certified hemp” means the definition for the same provided in Minn. Stat. §
151.72, Subd. 1(b), as may be amended.
Subd. 3. “Compliance checks” means the system the City uses to investigate and ensure
that those authorized to sell cannabinoid products are following and complying with the
requirements of state laws and this ordinance. Compliance checks involve the use of
persons under the age of 21 who purchase or attempt to purchase cannabinoid products.
Compliance checks may also be conducted by the City or other units of government for
educational, research, and training purposes or for investigating or enforcing federal,
state, or local laws and regulations relating to cannabinoid products.
Subd. 4. “Edible cannabinoid product” means any product that is intended to be eaten or
consumed as a beverage by humans, contains a cannabinoid in connection with food
ingredients, and is not a drug.
Subd. 5. “Hemp” or “Industrial Hemp” means the definition for the same provided in
Minn. Stat. § 18K.02, Subd. 3, as may be amended.
Subd. 6. “Label” means the definition for the same provided in Minn. Stat. § 151.01,
Subd. 18, as may be amended.
Subd. 7. “Labeling” means the definition for the same provided in Minn. Stat. § 151.72,
Subd. 1(f), as may be amended.
Subd. 8. “Matrix barcode” means the definition for the same provided in Minn. Stat. §
151.72, Subd. 1(g), as may be amended.
Subd. 9. “Moveable place of business” means any form of business that is operated out
of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that
is not a fixed address or other permanent type of structure licensed for over-the-counter
sales transactions.
Subd. 10. “Nonintoxicating cannabinoid” means substances extracted from certified hemp
plants that do not produce intoxicating effects when consumed by any route of
administration.
Subd. 11. "Operator" means the person in legal possession and control of a location by
reason of ownership, lease, contract or agreement, for the sale of cannabinoid products at
retail.
Subd. 12. “Retail establishment” means any fixed place of business where cannabinoid
products are available for sale to the general public. Retail establishment for purposes of
this ordinance does not include exclusive liquor stores or residences. Subd. 13. “Sale” means any transfer of goods for money, trade, barter or other consideration.
Subd. 14. “Self-service vending” means the display for sale of cannabinoid products that
are accessible to the public without the need of assistance of an employee.
Subd. 15. “Vending machine” means any mechanical, electrical or electronic, or other
type of device that dispenses cannabinoid products upon the insertion of money, tokens,
or other form of payment into or onto the device by the person seeking to purchase
cannabinoid products.
Section 430:15. License Required. It will be unlawful for any person to sell at retail any
cannabinoid products within the City unless the person holds a retail cannabinoid products
license, in full force and effect.
Section 430:20. Procurement of License.
Subd. 1. Any person desiring a retail cannabinoid products license will make and file
with the City Clerk an application, in writing, executed in duplicate. Such application will
give the name and residence address of the applicant, if an individual, will identify the
location at which it is proposed to sell the cannabinoid products at retail, and will provide
such other information as the City Council may require from time to time. The application
will be accompanied by the required fee.
Subd. 2. The City Clerk will immediately transmit a copy of the application to the Chief
of Police, who will investigate all facts and information which he/she can reasonably find,
bearing upon the question of the applicant's fitness to receive the license and to perform
the duties imposed by this ordinance. Upon completing the investigation, the Chief of
Police will report, in writing, her/his findings to the Mayor or designee, together with
her/his recommendation as to the issuance of a license to the applicant. The Mayor or
designee will submit to the City Council the report of the Chief of Police, together with
the recommendation as to the issuance of the license to the applicant.
Subd. 3. The City Council will consider the facts and recommendation of the Chief of
Police and of the Mayor, together with any material facts which it may have or obtain,
and then, by motion, will approve or deny the application to the City Clerk together with
a copy of the motion. If the City Council has approved the application, it is the duty of
the City Clerk to execute and deliver a license to the applicant on a form approved by the
City Attorney. Such license will be for October 1st of the year of the issuance to
September 30th of the following year or other such time frame as specified. Section 430:25. Basis for Denial of License.
Subd. 1. Grounds for denying the issuance or renewal of a license include, but are not
limited to, the following:
(1) The applicant is under 21 years of age.
(2) The applicant has been convicted within the past five years of any violation of
federal, state, or local law, ordinance provision, or other regulation relating to
cannabinoid products.
(3) The applicant has had a license to sell cannabinoid products suspended or
revoked within the preceding 12 months of the date of application.
(4) The applicant fails to provide any of the information required on the licensing
application, or provides false or misleading information.
(5) The applicant is prohibited by federal, state, or other local law, ordinance, or
other regulation from holding a license.
(6) The business for which the license is requested is a moveable place of
business. Only fixed-location retail establishments that are not excluded under
the definition for retail establishments in this ordinance are eligible to be
licensed.
Subd. 2. Location Ineligible. No license will be approved unless the premises proposed
to be licensed complies with all applicable zoning requirements.
Subd. 3. Issued Mistakenly. If a license is mistakenly issued or renewed to a person, the
City will revoke the license upon the discovery that the person was ineligible for the
license under this ordinance. The City will provide the license holder with notice of the
revocation, along with information on the right to appeal.
Section 430:30. Sales of Cannabinoids Derived from Hemp. In accordance with Minn. Stat. §
151.72, Subd.3, as may be amended:
Subd. 1. A product containing nonintoxicating cannabinoids, including an edible
cannabinoid product, may be sold for human or animal consumption only if all of the
requirements of this section are met, provided that a product sold for human or animal
consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an
edible cannabinoid product does not contain more than five milligrams of any
tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any
tetrahydrocannabinol per package.
Subd. 2. No other substance extracted or otherwise derived from hemp may be sold for
human consumption if the substance is intended:
(1) For external or internal use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or animals; or
(2) To affect the structure or any function of the bodies of humans or other
animals.
Subd. 3. No product containing any cannabinoid or tetrahydrocannabinol extracted or
otherwise derived from hemp may be sold to any individual who is under the age of 21.
Subd. 4. Products that meet the requirements of this section are not controlled substances
under Minn. Stat.§ 152.02.
Section 430:35. Testing Requirements. All testing must comply with the requirements set forth
in Minn. Stat. § 151.72, Subd. 4, as may be amended.
Section 430:40. Labeling Requirements. All labeling must comply with the requirements set
forth in Minn. Stat. § 151.72, Subd. 5, as may be amended.
Section 430:45. Additional Requirements for Edible Cannabinoid Products. In accordance with
Minn. Stat. § 151.72, Subd. 5a, as may be amended:
Subd. 1. An edible cannabinoid product must not: (1) Bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2) Be modeled after a brand of products primarily consumed by or marketed to children; (3) Be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially available candy or snack food item; (4) Contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food; (5) Be packaged in a way that resembles the trademarked, characteristic, or product-specialized packaging of any commercially available food product; or (6) Be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product.
Subd. 2. An edible cannabinoid product must be prepackaged in packaging or a container
that is child-resistant, tamper-evident, and opaque or placed in packaging or a container
that is child-resistant, tamper-evident, and opaque at the final point of sale to a customer.
The requirement that packaging be child-resistant does not apply to an edible cannabinoid
product that is intended to be consumed as a beverage and which contains no more than
a trace amount of any tetrahydrocannabinol.
Subd. 3. If an edible cannabinoid product is intended for more than a single use or contains
multiple servings, each serving must be indicated by scoring, wrapping, or other
indicators designating the individual serving size.
Subd. 4. A label containing at least the following information must be affixed to the
packaging or container of all edible cannabinoid products sold to consumers:
(1) The serving size; (2) The cannabinoid profile per serving and in total; (3) A list of ingredients, including identification of any major food allergens declared by name; and (4) The following statement: “Keep this product out of reach of children.”
Subd. 5. An edible cannabinoid product must not contain more than five milligrams of
any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any
tetrahydrocannabinol per package.
Section 430:50. Prohibited Sales.
Subd. 1. Samples Prohibited. Sampling of cannabinoid products within any retail
establishment licensed under this ordinance is prohibited. No person shall distribute
samples of any cannabinoid products free of charge or at a nominal cost. The distribution
of cannabinoid products as a free donation is prohibited.
Subd. 2. Coupon and Price Promotion. No person shall accept or redeem any coupon,
price promotion, or other instrument or mechanism, whether in paper, digital, electronic,
mobile, or any other form, that provides any cannabinoid products to a consumer at no
cost or at a price that is less than the non-discounted, standard price listed by a retailer on
the item or on any related shelving, posting, advertising, or display at the location where
the item is sold or offered for sale, including all applicable taxes.
Subd. 3. Self-service Displays. All cannabinoid products must be stored behind the sales
counter, in a locked case, in a storage unit, or in another area not freely accessible to the
general public. No person shall allow the sale of cannabinoid products in open displays
that are accessible to the public without the intervention of a store employee. This section
does not apply to a retail establishment, as defined in this ordinance, that is continuously
staffed by an employee from which persons under 21 years of age are prohibited from
entering the store.
Subd. 4. Prohibition Against Retail Sales of Cannabinoid Products by Vending Machines.
No person will sell or dispense cannabinoid products through use of a vending machine.
Section 430:55. Adulterated or Misbranded Products. A cannabinoid product shall be
considered adulterated or misbranded under the provisions set forth in Minn. Stat. §151.72,
Subd. 6, as may be amended.
Section 430:60. Signage. At each location where cannabinoid products are sold, the licensee
shall display a sign in plain view to provide public notice that selling any of these products to
any person under the age of 21 is illegal and subject to penalties. The notice shall be placed
in a conspicuous location in the licensed establishment and shall be readily visible to any
person who is purchasing or attempting to purchase these products. The sign shall provide
notice that all persons responsible for selling these products must verify, by means of
photographic identification containing the bearer’s date of birth, the age of any person under
30 years of age.
Section 430:65. Age Verification. At each location where edible cannabinoid products are
sold, the licensee shall verify, by means of government-issued photographic identification
containing the bearer’s date of birth, that the purchaser or person attempting to make the
purchase is at least 21 years of age. Verification is not required if the purchaser or person
attempting to make the purchase is 30 years of age or older. It shall not constitute a defense
to a violation of this Section that the person appeared to be 30 years of age or older.
Section 430:70. Responsibility. All licensees are responsible for the actions of their employees
regarding the sale, offer to sell, and furnishing of cannabinoid products on the licensed
premises. The sale, offer to sell, or furnishing of any cannabinoid product by an employee
shall be considered an act of the licensee.
Section 430:75. Hours of Sales. No sales of cannabinoid products will be allowed at the
licensed premises after 10:00 p.m. and before 8:00 a.m. daily.
Section 430:80. Compliance Checks and Inspections. All licensed premises must be open to
inspections by law enforcement or other authorized city officials during regular business hours.
From time to time, but at least once per year, the City will conduct compliance checks. The
City will conduct a compliance check that involves the participation of a person at least 17
years of age, but under the age of 21 to enter the licensed premises to attempt to purchase
cannabinoid products. Prior written consent from a parent or guardian is required for any
person under the age of 18 to participate in a compliance check. Persons used for the purpose
of compliance checks will be supervised by law enforcement or other designated personnel.
Section 430:85. Civil Penalty, Suspension or Revocation of Licenses.
Subd. 1. The City Council will follow the provisions of this section of the ordinance on
the suspension, revocation or imposition of a civil penalty against any license granted
under this ordinance.
Subd. 2. Notice of Violation. The Chief of Police will provide, in writing, to the licensee
either personally or by mail, notice of any alleged violation of the provisions of this
ordinance or Minnesota Statutes Chapter 151, committed in the operation of the
licensee's business, and provide notice to the City Attorney’s Office. If the City
Attorney's Office determines from the facts and circumstances reported, together with
any other facts and circumstances known to it, that the violation may warrant a civil
penalty, suspension or revocation of the license held by the licensee, it will notify the
licensee, and set a time and place for a hearing sufficiently in advance to provide ten
days written notice of the time, place and purpose of such hearing to the licensee.
Subd. 3. Hearing on Alleged Violations. The hearing will be held before an independent
hearing officer, in accordance with Section 1100 of the 2007 Code of Ordinances of the
City of St. Cloud. At the time of the hearing, the licensee may appear and present any
evidence which is material to the investigation. The hearing officer will make findings
of fact as to whether a violation of the provisions of this ordinance or Minnesota Statutes
Chapter 151 have been committed in the operation of the licensee's business and whether
the violation was willful in nature. The hearing officer will also make a recommendation
as to what penalty, if any, will be applied. The City Council will adopt the hearing
officer's findings of fact that the licensee has violated any of the provisions of this
ordinance or State law, and may impose a civil fine, suspend or revoke the license in
accordance with the schedule in Section 430:90 of this ordinance.
Subd. 4. Mandatory Revocation. The Council will revoke the license of any licensee
under this ordinance if the licensee willfully violates any provisions of this ordinance or
Minnesota Statutes Chapter 151.
Section 430:90. Penalties for Violations. Upon a violation by a licensee holding a cannabinoid
products license of any provision of this ordinance or any provision of state law regulating the
sale of cannabinoid products, or failing to comply with any other requirements of Minn. Stat.
§ 151.72, the City Council may impose a civil fine, suspend or revoke the license in accordance
with the following schedule:
First violation……………………………………………………………... ...fine up to $300.00
Second violation within 36 months………...fine up to $600.00 and a 30-day license suspension
Third violation within 36 months………………. fine up to $1,000.00 and a license revocation
Violation during period of suspension………………………………………license revocation
Subd. 1. Any civil fine assessed against a licensee pursuant to this section must be paid
in full within 30 days from receipt of written notification of the City Council’s
imposition of the civil fine. Failure to pay the fine within that time period will result in
a ten-day license suspension. Licensees whose licenses have been revoked may not be
issued a new license within six months from the effective date of such revocation.
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ARTICLE XIX. - TETRAHYDROCANNABINOL PRODUCTS
Sec. 16-550. - Purpose and Intent.
The purpose of this Section is to regulate the sale of legalized adult-use of any product that contains
tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under
Minn. Stats., § 151.72 ("THC Products") for the following reasons:
By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended
Minn. Stats., § 151.72 to allow the sale of certain products containing tetrahydrocannabinol
(THC).
The new law does not prohibit municipalities from adopting and enforcing local ordinances to
regulate THC product businesses including, but not limited to, local zoning and land use
requirements and business license requirements.
The National Academies of Science, Engineering, and Medicine note that the growing
acceptance, accessibility, and use of THC products, including for medical purposes, have
raised important public health concerns, while the lack of aggregated knowledge of cannabis-
related health effects has led to uncertainty about the impact of its use.
The City recognizes the danger THC use presents to the health, welfare, and safety of youth in
Golden Valley.
The Minnesota Legislature recognized the danger of THC product use among the public at
large by setting potency and serving size requirements.
The Minnesota Legislature recognized the danger of THC product use among youth by
prohibiting the sale of any product containing THC to those under the age of 21, requiring
that edible THC products be packaged without appeal to children and in child-resistant
packaging or containers.
State law authorizes the Board of Pharmacy to adopt product and testing standards in part to
curb the illegal sale and distribution of THC products and ensure the safety and compliance of
commercially available THC products in the state of Minnesota.
The City has the opportunity to be proactive and make decisions that will mitigate this threat
and reduce exposure of young people to the products or to the marketing of these products
and improve compliance among THC product retailers with laws prohibiting the sale or
marketing of THC products to youth.
A local regulatory system for THC product retailers is appropriate to ensure that retailers
comply with THC product laws and business standards of the City of Golden Valley to protect
the health, safety, and welfare of our youth and most vulnerable residents.
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A requirement for a THC product retailer license will not unduly burden legitimate business
activities of retailers who sell or distribute THC products to adults but will allow the City of
Golden Valley to regulate the operation of lawful businesses to discourage violations of state
and local THC Product-related laws.
In making these findings and enacting this ordinance, it is the intent of the Golden Valley City
Council to ensure responsible THC product retailing, allowing legal sale and access without
promoting increases in use, and to discourage violations of THC Product-related laws,
especially those which prohibit or discourage the marketing, sale or distribution of THC
products to youth under 21 years of age.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-551. - De nitions.
Except as may otherwise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Compliance Checks. The system the City uses to investigate and ensure that those authorized to sell
licensed products are following and complying with the requirements of this article. Compliance checks
involve the use of persons under 21 who purchase or attempt to purchase licensed products. Compliance
checks may also be conducted by the City or other units of government for educational, research, and
training purposes, or for investigating or enforcing Federal, State, or local laws and regulations relating to
licensed products.
Exclusive Liquor Store. An establishment that meets the definition of exclusive liquor store in Minn.
Stats., § 340A.101, subd. 10.
Licensed Product or THC Product. Any product that contains more than trace amounts of
tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under
Minn. Stats., § 151.72, as may be amended from time to time. Licensed product does not include medical
cannabis as defined in Minn. Stats., § 152.22, subd. 6, as may be amended from time to time.
Moveable Place of Business. Any form of business operated out of a kiosk, truck, van, automobile, or
other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of
structure authorized for sales transactions.
Retail Establishment. Any place of business where licensed products are available for sale to the general
public, including, but not be limited to, grocery stores, tobacco products shops, CBD stores, convenience
stores, gasoline service stations, bars, and restaurants.
Sale. Any transfer of goods for money, trade, barter, or other consideration.
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Self-Service Merchandising. Open displays of licensed products in any manner where any person has
access to the licensed products without the assistance or intervention of the licensee or the licensee's
employee. Assistance or intervention means the actual physical exchange of the licensed product between
the customer and the licensee or employee.
Vending Machine. Any mechanical, electric, or electronic, or other type of device that dispenses licensed
products upon the insertion of money, tokens, or other form of payment directly into the machine by the
person seeking to purchase the licensed product.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-552. - License.
License Required. No person shall sell or offer to sell any licensed product within the City without
first having obtained a license to do so from the City.
Application. An application for a license to sell licensed products shall be made on a form
provided by the City. The application shall contain the full name of the applicant, the applicant's
residential and business addresses and telephone numbers, the name of the business for which
the license is sought, and any additional information the City deems necessary. Upon receipt of a
completed application, the City Clerk shall forward the application to the City Council for action at
its next regularly scheduled City Council meeting. If the City Clerk determines that an application
is incomplete, they shall return the application to the applicant with notice of the information
necessary to make the application complete.
The City shall conduct a background investigation on all new applications and applications to transfer a
license. The investigation shall consider all facts and information bearing upon the question of the
applicant's fitness to receive the license and to perform the duties imposed by this ordinance. The City may
conduct a background and financial check on an application for a renewal of a license if it is in the public
interest to do so. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the
discovery that the person was ineligible for the license under this article and the City shall provide the
person with a notice of revocation, along with information on the right to appeal.
A business applicant, at the time of application, shall furnish the City with a list of all persons that have
an interest of five percent or more in the business. The list shall name all owners and show the interest held
by each, either individually or beneficially for others. It is the duty of each business licensee to notify the City
Clerk in writing of any change in ownership in the business. Any change in the ownership or control of the
business shall be deemed equivalent to a transfer of the license, and any such license shall be revoked 30
days after any such change in ownership or control unless the licensee has notified the Council of the
change in ownership by submitting a new license application for the new owners, and the Council has
approved the transfer of the license by appropriate action. Any time an additional investigation is required
because of a change in ownership or control of a business, the licensee shall pay an additional investigation
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fee to be determined by the City. The City may at any reasonable time examine the transfer records and
minute books of any business licensee to verify and identify the owners, and the City may examine the
business records of any other licensee to the extent necessary to disclose the interest which persons other
than the licensee have in the licensed business. The Council may revoke any license issued upon its
determination that a change of ownership of a licensee has actually resulted in the change of control of the
licensed business so as materially to affect the integrity and character of its management and its operation,
but no such action shall be taken until after a hearing by the Council on notice to the licensee.
Action. The City Council may either approve or deny the application for a license, or it may delay
action for a reasonable period of time as necessary to complete any investigation of the
application or the applicant it deems necessary. If the City Council approves the license, the City
Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the
denial shall be given to the applicant along with notice of the applicant's right to appeal the City
Council's decision. If a license application is denied, the earliest an applicant may reapply is 12
months from the date the license is denied.
Term. All licenses issued under this article shall be valid for one calendar year from the date of
issue.
Revocation or Suspension. Any license issued under this article may be revoked or suspended as
provided in Section 16-560.
Transfers. All licenses issued under this article shall be valid only on the premises for which the
license was issued and only for the person or business to whom the license was issued. The
transfer of any license to another location, business, or person is prohibited.
Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
Renewals. The renewal of a license issued under this article shall be handled in the same manner
as the original application. The request for a renewal shall be made at least 30 days but no more
than 60 days before the expiration of the current license.
Issuance as Privilege and Not a Right. The issuance of a license issued under this article is a
privilege and does not entitle the license holder to automatic renewal of the license.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-553. - Reserved.
Sec. 16-554. - Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee
for a license under this article shall be established by the City Council and adopted in the City fee schedule,
and may be amended from time to time.
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(1)
(2)
(b)
(1)
(2)
(3)
(4)
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(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-555. - Ineligibility and Basis for Denial of License.
Ineligibility.
Moveable Place of Business. No license shall be issued to a moveable place of business. Only
fixed location businesses shall be eligible to be licensed under this article.
Exclusive Liquor Store. No license shall be issued to an exclusive liquor store as defined in
Minn. Stats., § 340A.101, subd. 10.
Grounds for Denial. Grounds for denying the issuance or renewal of a license under this article
include, but are not limited to, the following:
The applicant is under the age of 21 years.
The applicant is prohibited by Federal, State, or other local law, ordinance, or other regulation
from holding a license.
The applicant has been convicted within the past five years for any violation of a Federal,
State, or local law, other ordinance, provision, or other regulation relating to the licensed
products.
The applicant has had a license to sell licensed products suspended or revoked during the 12
months preceding the date of application, or the applicant has or had an interest in another
premises authorized to sell licensed products, whether in the City or in another jurisdiction,
that has had a license to sell licensed products suspended or revoked during the same time
period, provided the applicant had an interest in the premises at the time of the revocation or
suspension, or at the time of the violation that led to the revocation or suspension.
The applicant is a business that does not have an operating officer or manager who is eligible
pursuant to the provisions of this article.
The applicant is the spouse of a person ineligible for a license pursuant to the provision of
Subsections (b)(2) and (3) of this section or who, in the judgement of the Council, is not the
real party in interest or beneficial owner of the business to be operated, under the license.
The applicant fails to provide any information required on the application or provides false or
misleading information. Any false statement on an application, or any willful omission of any
information called for on such application form, shall cause an automatic refusal of license, or
if already issued, shall render any license issued pursuant thereto void and of no effect to
protect the applicant from prosecution for violation of this chapter, or any part thereof.
No license shall be granted or renewed for operation on any premises on which real estate taxes,
assessments, or other financial claims of the City or of the State are due, delinquent, or unpaid. If
an action has been commenced pursuant to the provisions of Minn. Stats., Ch. 278, questioning
the amount or validity of taxes, the Council may, on application by the licensee, waive strict
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(a)
(1)
(i)
(ii)
(iii)
(2)
(b)
(1)
(2)
(c)
(a)
compliance with this provision; no waiver may be granted, however, for taxes, or any portion thereof, which
remain unpaid for a period exceeding one year after becoming due unless such one-year period is
extended through no fault of the licensee.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-556. - Prohibited Acts.
In general.
No person shall sell or offer to sell any licensed product:
By means of any type of vending machine.
By means of self-service merchandising.
By any other means, to any other person, on in any other manner or form prohibited by state or
other local law, ordinance provision, or other regulation.
No person shall sell or offer for sale a product containing THC that does not meet all the
requirements of Minn. Stats., § 151.72, subd. 3.
Legal Age. No person shall sell any licensed product to any person under the age of 21.
Age verification. Licensees shall verify by means of government issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required for a
person over the age of 30. That the person appeared to be 30 years of age or older does not
constitute a defense to a violation of this subsection.
Signage. Notice of the legal sales age and age verification requirement must be posted
prominently and in plain view at all times at each location where licensed products are
offered for sale. The required signage, which will be provided to the licensee by the City, must
be posted in a manner that is clearly visible to anyone who is or is considering making a
purchase.
Samples Prohibited. No person shall distribute samples of any licensed product free of charge or
at a nominal cost.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-557. - Additional Requirements.
Storage. All licensed products shall either be stored behind a counter or other area not freely
accessible to customers, or in a case or other storage unit not left open and accessible to the
general public.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-558. - Responsibility.
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(a)
(1)
(2)
(3)
(b)
(1)
All licensees are responsible for the actions of their employees in regard to the sale, offer to sell, and
furnishing of licensed products on the licensed premises. The sale, offer to sell, or furnishing of any licensed
product by an employee shall be considered an act of the licensee. Nothing in this section shall be
construed as prohibiting the City from also subjecting the employee to any civil penalties that the City
deems to be appropriate under this ordinance, state or federal law, or other applicable law or regulation.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-559. - Compliance Checks and Inspections.
All premises licensed under this subdivision shall be open to inspection by the City during regular
business hours. From time to time, but at least once per year, the City shall conduct compliance checks.
No person used in compliance checks shall attempt to use a false identification misrepresenting their
age. All persons lawfully engaged in a compliance check shall answer all questions about their age asked by
the licensee or their employee, and produce any identification, if any exists, for which they are asked. The
City will conduct a compliance check that involves the participation of a person at least 18 years of age, but
under the age of 21 to enter the licensed premises to attempt to purchase the licensed products. Persons
used for the purpose of compliance checks shall be supervised by law enforcement or other designated
personnel. Nothing in this article shall prohibit compliance checks authorized by state or federal laws for
educational, research, or training purposes, or required for the enforcement of a particular State or Federal
law.
Additionally, from time to time, the City will conduct inspections to determine compliance with any or all
other aspects of this ordinance.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-560. - Violations and Penalty.
Administrative Civil Penalties—Individuals. If a person who is not a licensee is found to have
violated this article, the person shall be charged an administrative penalty as follows:
First Violation. The Council shall impose a civil fine not to exceed $50.00.
Second Violation Within 12 months. The Council shall impose a civil fine not to exceed
$100.00.
Third Violation Within 12 months. The Council shall impose a civil fine not to exceed $150.00.
Same—Licensee. If a licensee or an employee of a licensee is found to have violated this article,
the licensee shall be charged an administrative penalty as follows:
First Violation. The Council shall impose a civil fine of $500.00 and suspend the license for not
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(2)
(3)
(4)
(c)
(1)
(2)
(d)
less than 1 day.
Second Violation Within 36 Months. The Council shall impose a civil fine of $1,000.00 and
suspend the license for not less than 3 consecutive days.
Third Violation Within 36 Months. The Council shall impose a civil fine of $2,000.00 and
suspend the license for not less than 10 consecutive days.
Fourth Violation Within 36 Months. The Council shall revoke the license for at least one year.
Administrative Penalty Procedures. Notwithstanding anything to the contrary in this section:
Any of the administrative civil penalties set forth in this section that may be imposed by the
Council, may in the alternative be imposed by an administrative citation under Section 1-9.
If one of the foregoing penalties is imposed by an action of the Council, no penalty shall take
effect until the licensee or person has received notice (served personally or by mail) of the
alleged violation and of the opportunity for a hearing before the Council, and such notice
must be in writing and must provide that a right to a hearing before the Council must be
requested within 10 business days of receipt of the notice or such right shall terminate.
Misdemeanor Prosecution. Nothing in this section shall prohibit the City from seeking
prosecution as a misdemeanor for any alleged violation of this article.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-561. - Severability.
If any section or provision of this ordinance is held invalid, such invalidity will not affect other sections or
provisions that can be given force and effect without the invalidated section or provision.
(Ord. No. 741 , § 1, 8-16-2022)
Sec. 16-562. - E ective Date.
This ordinance becomes effective upon passage and publication.
(Ord. No. 741 , § 1, 8-16-2022)
223852v9
ORDINANCE 22 - 25
An Ordinance Regulating the Licensing of Businesses Selling Cannabinoid Products in the
City of Elk River
THE CITY COUNCIL OF THE CITY OF ELK RIVER DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION I. AMENDMENT. The City Code of Elk River, Minnesota, Chapter 26 is
hereby amended to add the following Article IV as follows:
ARTICLE IV. - SALE OF CANNABINOID PRODUCTS; LICENSING
DIVISION 1. – GENERALLY
Sec. 26-110. - Purpose of Article.
The City Council finds that the rapid introducti on of Cannabinoid Products, including
products containing THC, presents a significant potential threat to the public health, safety, and
welfare of the general public and can interfere with brain development in youth and adolescents
according to the U.S. Surgeon General.
The City Council finds that a local regulatory system for Cannabinoid Product retailers is
appropriate and not unduly burdensome to ensure that retailers comply with the laws and business
standards of the city to protect the health, safety, and welfare of our youth, visitors, and all
residents.
Sec. 26-111. - Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Cannabinoid means chemical compound derived from the cannabis plant or synthetically
derived from the cannabis plant.
Cannabinoid Product means any edible cannabinoid product or nonedible cannabinoid
product authorized for sale in Minnesota Statute and intended for human consumption whether
chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means.
HHC means the intoxicating cannabinoid hexahydrocannabinol.
Licensed Premises means the premises described in the approved license application.
Movable Place of Business means a business whose physical location is not permanent or
is capable of being moved or changed including, but not limited to, motorized vehicles, mobile
sales kiosks, or trailers.
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Person means one or more natural persons; a partnership, including a limited partnership;
a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political
subdivision of the state; or any other business organization.
School means a building used for the purpose of elementary or secondary education, which
meets all the requirements of compulsory education laws of the State of Minnesota, and not
providing residential accommodations.
Self-Service Merchandising means a method of displaying Cannabinoid Products so that
they are accessible to the public without the intervention of an applicant, licensee or their agents
or employees.
THC means the chemical compound tetrahydrocannabinol whether derived naturally or
synthetically from the cannabis plant.
Underage Person means a person who is under the age of 21.
Vending Machine means any mechanical, electric, or electronic, self- service device which,
upon insertion of money, tokens, or any other form of payment, dispenses Cannabinoid Products
and including vending machines equipped with manual, electric or electronic locking devices.
DIVISION 2. - LICENSE
Sec. 26-112. - Required.
No person shall sell or offer to sell any Cannabinoid Products without first having obtained
a license to do so from the city.
Sec. 26-113. - Licensing Procedure.
(a) Application. An application for a license to sell Cannabinoid Products shall be made on a
form provided by the city. The application shall include, but is not limited to, requiring the
full name of the applicant, the applicant's residential and business address and telephone
numbers, the name of the proposed licensee, and the business location for which the license
is sought. The application and investigation fees shall be paid at the time of application.
All license applications under this division shall be made to th e Office of the City Clerk
and referred to the chief of police and such other municipal departments or offices as the
city clerk deems necessary for verification and investigation of the facts set forth in the
application. The chief of police and other department directors or officers consulted shall
submit their reports and recommendations to the city administrator or designee .
If the city administrator or designee determines that an application is incomplete, he or she
shall return the application to the applicant with notice of the deficiencies.
223852v9
(b) Action. The city administrator or designee may either approve or deny the license, or may
delay action for such reasonable period of time to permit the city to complete any
investigation of the application or the applicant deemed necessary. If the city administrator
or designee approves the license, a license shall be issued to the applicant. If the city
administrator or designee denies the application, a notice of denial shall be sent to the
applicant at the business address provided in the application along with the reasons for the
denial, and information regarding the appeal process set forth in chapter 38, article II of
this Code.
(c) Background Checks. Applicants must submit to background checks as provided in section
38-39.
(d) Mistake. If a license is mistakenly issued or renewed to an applicant or licensee, it shall be
revoked by the city administrator or designee upon the discovery that the person, applicant,
or licensee was ineligible for the license under this section.
(e) Term. All licenses are issued for a period of one year. All licenses shall expire on December
31.
(f) Transfers. All licenses issued under this section shall be valid only on the premises for
which the license was issued and only for the person to whom the license was issued. No
transfer of any license to another location or person shall be valid. Relocation or sale of
the business shall require the approval and issuance of a new license
Transfer of 25 percent or more of the ownership interest of a business entity, or of a
controlling interest of it, whichever is less, will be deemed a sale of the business. If the
licensee is a business entity that is wholly owned by another entity, the same provisions
about the transfer of ownership or a controlling interest will apply to the parent entity
and any second parent entity that wholly owns the parent entity.
A sale of the business as defined in this section without the approval and issuance of a
new license shall result in the unlicensed sale of Cannabinoid Products. Transfer of this
amount of ownership interest without prior approval by the city administrator or designee
is a ground for revocation or suspension of the license. In addition, each day the licensee
operates under the license after a transfer has taken place without obtaining approval
from the city administrator or designee will be a separate violation of this article.
(g) Renewals. The renewal of a license under this section shall be handled in the same manner
as the original application. The request for renewal shall be made at least thirty (30) days
but no more than sixty (60) days before the expiration of the current license. The issuance
of a license under this chapter shall be considered a privilege and not an absolute right of
the applicant and shall not entitle the licensee to an automatic renewal of the license. If the
city administrator or designee denies the renewal, a notice of denial shall be sent to the
applicant at the business address provided on the application along with the reasons for the
denial, and information regarding the appeal process set forth in chapter 38, article II of
this Code.
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(h) Exemptions:
(1) This chapter does not apply to medical cannabis products dispensed by a registered
medical cannabis dispensaries pursuant to Minn. Stat. §§ 152.22 to 152.37. Medical
cannabis dispensaries that sell non-medical cannabis products which are also
Cannabinoid Products are not exempt.
(2) This chapter does not apply to Cannabinoid Products wherein the only cannabinoids
present are non-intoxicating cannabinoids, such as Cannabidiol (“CBD”) or
Cannabinol (“CBN”).
Sec. 26-114. - Denials.
(a) The following will be grounds for denying the issuance or renewal of a license:
(1) The applicant or licensee is an underage person.
(2) The applicant or licensee who, within five years of the license application, has been
convicted of a controlled substance-related felony.
(3) The applicant or licensee has had a license to sell Cannabinoid Products denied,
suspended, or revoked within the preceding twelve (12) months of the date of
application.
(4) The applicant or licensee fails to provide any information required on the city
license application, or provides false or misleading information.
(5) The applicant or licensee has outstanding fines, penalties, or property taxes owed
to the city.
(6) The applicant or licensee is prohibited by state, or other local law, ordinance, or
other regulation from holding a license under this chapter.
(7) The proposed premises is a moveable place of business.
(8) The proposed premise is within 500 feet of a school property as measured from the
property line to property line at the nearest point or from property line to the
nearest point of the leased premises if the Cannabinoid Products shop is located
in a multi-tenant facility.
(9) Any taxes or utility bills for the premises for which the license will be issued are
delinquent.
(10) Failure to pay the yearly application fee.
(11) Failure of any person to comply with any of the ordinances of the city or laws of
the state, or any conditions/restrictions conditions imposed on a license.
(b) The City shall have the discretion to consider denying a license upon any reasonable facts
or circumstances relating to public health, safety, and welfare.
223852v9
DIVISION 3. - RULES AND REGULATIONS
Sec. 26-115. – General Requirements.
(a) Prohibited Sales. No person shall sell, offer for sale, give away, furnish, or otherwise
deliver any Cannabinoid Products:
(1) To any underage person.
(2) By means of any type of vending machine.
(3) By means of self-service merchandising.
(4) Containing any chemical compound or drug that is a controlled substance under
Minnesota law.
(5) That contain any amount of HHC.
(6) By any other means, or to any other person, prohibited by state or local laws.
(7) That fails to meet the labelling requirements as established in Minn. Stat. §151.72
subds. 5 and 5a.
(8) That fails to meet the testing requirements as established in Minn. Stat. §151.72
subd. 4.
(b) Sampling of Cannabinoid Products. Sampling of Cannabinoid Products on a licensed
premises is prohibited.
(c) On-site Consumption. Any Cannabinoid Products sold may not be consumed and must
remain sealed while on the licensed premises. Exceptions to this regulation include on
premise consumption of Cannabinoid Products at a food and beverage establishment that
is licensed by the Minnesota Department of Health and licensed under this chapter. Food
and beverage establishments selling Cannabinoid Products must provide such product to
consumers in original packaging, complete with labeling. Such establishments must abide
by all other state and county laws regarding on-premises consumption and sales, including
the Minnesota Clean Indoor Air Act (Minn. Stat. §§144.411 to 144.417).
(d) Employees. All employees selling Cannabinoid Products must be 21 years of age or older.
All licensees under this Chapter shall be responsible for the actions of their employees in
regard to the sale of Cannabinoid Products, and the sale of such products by an employee
shall be considered a sale by the licensee. Nothing in this section shall b e construed as
prohibiting the city from also subjecting the employee to whatever penalties are appropriate
under this article, state law, or other applicable laws and regulations.
(e) Display. Every license shall be posted and displayed in plain view of the general public on
the licensed premises.
(f) Signage. The licensee shall display a sign in plain view to provide public notice that selling
any of these products to any person under the age of 21 is illegal and subject to penalties.
The notice shall be placed in a conspicuous location in the licensed establishment and shall
223852v9
be readily visible to any person who is purchasing or attempting to purchase Cannabinoid
Products.
(g) Delivery. All sales of Cannabinoid Products must be completed on the licensed premises.
Delivery by the licensee or a third party to the consumer is prohibited.
(h) Testing Requirements. All Cannabinoid Products offered for sale must be compliant with
the testing requirements in Minn. Stat. § 151.72, subd. 4.
(i) Labeling Requirements. All Cannabinoid Products offered for sale must comply with the
labelling requirements set forth in Minn. Stat. § 151.72, subd. 5, 5a, and 6.
(j) Responsibility for Conduct on Premises. Except as provided in this chapter, every licensee
under this chapter shall be responsible for the conduct of his place of business and shall
maintain conditions of sobriety and order therein.
(k) Other Regulations. Except as otherwise provided in this chapter, licenses under this
Chapter shall be governed by the requirements and procedures set forth in chapter 38,
article II of this Code.
Sec. 26-116. - Compliance checks and inspections.
All licensed premises shall be open to inspection by authorized city officials during regular
business hours. From time to time, but at least once per year, the city shall conduct compliance
checks. Such compliance checks may involve, but are not limited to, inspection of Cannabinoid
Products offered for sale and engaging underage persons to enter the licensed premises to attempt
to purchase Cannabinoid Products.
DIVISION 4. - ENFORCEMENT; PENALTIES
Sec. 26-117. - Penalty.
(a) Generally. Any violation of this chapter shall be grounds to revoke or suspend a license.
Failure of any person to comply with any of the ordinances of the city or laws of the state,
or any conditions/restrictions conditions imposed on a license, shall be grounds for
suspension or revocation of a license granted under this chapter. The city shall have the
discretion to consider suspending or revoking a license, upon any reasonable facts or
circumstances relating to public health, safety, and welfare.
(b) Enforcement Generally. The city may seek to enforce this chapter through criminal
prosecution, administrative penalties, and/or civil relief. Nothing in this article shall
prohibit the city from seeking misdemeanor prosecution, administrative penalties, or both,
and does not affect the city's right to suspend or revoke the license of a licensee as the city
council deems appropriate. No administrative penalty or license suspension or revocation
may take effect until the licensee or other individual has received notice, served personally
by mail, of the alleged violation and of the opportunity for a hearing pursuant to chapter
38, article II.
223852v9
(c) Prosecution of violation as misdemeanor. Unless otherwise noted, any person violating
any provision of this article or any person violating any provisions of Minn. Stat. § 151.72
shall be guilty of a misdemeanor, and upon conviction shall by subject to the penalties for
a misdemeanor as prescribed by state law. Each day a violation continues shall be
considered a separate misdemeanor offense punishable by a separate misdemeanor penalty.
(d) Administrative penalties. Certain administrative penalties are presumed to be appropriate
and shall apply to all premises licensed under this chapter. The council may deviate from
the presumptive penalty where the council finds that there exist substantial reasons
meriting deviation. When deviating from these standards, the council will provide written
findings that support the penalty selected. The following are presumed penalties for
violations:
Type Of Violation 1st
Violation
2nd
Violation
3rd
Violation
4th
Violation
Sale of cannabinoid products while
license is under suspension.
Revocation. N/A N/A N/A
Sale of cannabinoid products to
underage person.
$750.00 $1,000.00 and
3 days
$1,500.00 and 6
days
Revocation
Other violations of Minn. Stat.
§151.72 or this chapter.
$250.00 $500.00 and 3
days
$1,000.00 and 6
days
Revocation
*The number of days listed in the table reflect the length of time a license will be
suspended.
(e) Computation of Violations. Any violation which occurred within two (2) years of the
current violation will be counted. Number of days indicate consecutive days' suspension.
(f) Administrative Penalties Process. The licensee shall be responsible for the conduct of its
agents or employees while on the licensed premises. Any violation of this chapter shall be
considered an act of the licensee for purposes of imposing an administrative penalty,
license suspension, or revocation. Each violation, and every day in which a violation occurs
or continues, shall constitute a separate offense.
No administrative penalty may take effect until the licensee or other individual has received
notice, served personally by mail, of the alleged violation and of the opportunity for a
hearing as provided for suspension and revocation pursuant to chapter 38, article II.
(g) Alternative penalties for use of false identification; persons under age 21. Persons under
21 years of age who use or attempt to use false identification to purchase Cannabinoid
Products may be subject to cannabinoid-related education classes, diversion programs,
community service, or other penalty that the city believes will be appropriate or effective.
(h) Summary Action. The city administrator or designee may undertake summary action as
permitted by section 38-35(e).
223852v9
Sec. 26-118. - Severability.
If any provision of this chapter is for any reason held to be invalid, such decision shall not
affect the validity of the remaining provisions of this chapter.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect on January 1, 2023.
Passed and adopted by the City Council of the City of Elk River this 7th day of November, 2022.
John J. Dietz, Mayor
ATTEST:
______________________________
Tina Allard, City Clerk
223517v6
Ordinance No. 788
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING MONTICELLO CITY CODE TITLE 11 - BUSINESS
REGULATIONS, CHAPTER 112 – BUSINESS LICENSES AND REGULATIONS, BY
ADDING SECTION 112.60 REGARDING CANNABINOID PRODUCTS
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, HEREBY
ORDAINS:
SECTION 1. Monticello City Code Title 11, Chapter 112, is hereby amended by adding Section
112.60, Cannabinoid Products, as follows:
§ 112.60 CANNABINOID PRODUCTS.
(A) Purpose. This subchapter is designed to permit the reasonable sale of
cannabinoid products while protecting the general welfare of the city’s youth,
residents, and visitors by limiting the sale of cannabinoid products to those
establishments licensed by Wright County to sell tobacco.
(B) General requirement. No person, firm, partnership, or corporation shall sell
cannabinoid products unless:
1. the seller also holds a retail tobacco license from Wright County,
Minnesota and meets the definition of “tobacco products shop” as
defined by the Wright County Code of Ordinances.
2. the seller is abiding by all requirements under Minn. Stat. § 151.72 and
related laws.
(C) Definitions.
1. Cannabinoid product shall mean a chemical compound derived from the
cannabis plant or synthetically derived from the cannabis plant.
2. Cannabinoid product means any edible or nonedible cannabinoid
product authorized for sale in Minn. Stat. §151.72 and intended for
human consumption whether chewed, smoked, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means.
(D) Exemptions.
1. Except as regulated above, there is no requirement to obtain a tobacco
license from Wright County to sell cannabinoid products wherein the
only cannabinoids present are non-intoxicating cannabinoids, such
Cannabidiol (“CBD”) or Cannabinol (“CBN”).
223517v6
2. This subchapter does not apply to medical cannabis products dispensed
by registered medical cannabis dispensaries pursuant to Minn. Stat.
§§ 152.22 to 152.37. Medical cannabis dispensaries that sell non-
medical cannabis products which are also cannabinoid products are not
exempt.
(E) A violation of this subchapter is subject to the penalties listed in § 112.99
SECTION 2. The previously enacted Moratorium regarding Products Containing THC is related
to manufacturing or distribution of Products Containing THC remains effective.
SECTION 3. This ordinance shall be effective immediately upon its passage and publication.
ADOPTED by the Monticello City Council this 12th day of December, 2022.
_______________________________
Lloyd Hilgart, Mayor
ATTEST
______________________________
Jennifer Schreiber, City Clerk
CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO. 22-08
AN ORDINANCE AMENDING THE SPRING PARK CITY CODE,
CHAPTER 12—BUSINESSES,BY ADDING ARTICLE V. THC PRODUCTS,
ESTABLISHING LICENSING FOR THE SALE OF THC PRODUCTS REGULATED
BY MINNESOTA STATUTES, SECTION 151.72
THE CITY COUNCIL OF THE CITY OF SPRING PARK,MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Spring Park hereby amends Chapter 12 by
adding a new Article V. THC Products as follows:
ARTICLE V. THC PRODUCTS
DIVISION 1. GENERALLY
Sec. 12-50. Purpose and intent.
a) Purpose. The purpose of this section is to regulate the sale of any product that contains
tetrahydrocannabinol ("THC") and meets the requirements to be sold for human or animal
consumption under Minnesota Statutes, section 151.72 ("THC products") for the following
reasons:
1) The city recognizes that,based on the most reliable and up-to-date scientific evidence,
the introduction of legalized THC products presents a potential threat to the public
health, safety, and welfare of the residents of Spring Park.
2) The city has the opportunity to be proactive and make decisions that will mitigate this
threat,reduce exposure of young people to THC products, curtail the marketing of
THC products to young people, and improve retailer compliance with existing laws
related to THC products.
3) A local regulatory system for retailers of THC products is appropriate to ensure that
such retailers comply with laws and business standards of the city of Spring Park to
protect the health, safety, and welfare of our youth and other vulnerable residents.
4) Minnesota Statutes, section 151.72 requires THC product retailers to check the
identification of purchasers to verify that they are at least 21 years of age, comply with
certain packaging and labeling requirements to protect children and youth, and meet
certain potency and serving size requirements.
5) State law further authorizes the Minnesota Board of Pharmacy to adopt product and
testing standards in part to curb the illegal sale and distribution of THC products and to
DOCSOPEN\SP275\1\836560.v2-11/3/22
ensure the safety and compliance of commercially available THC products in the State
of Minnesota.
6) State law does not preempt municipalities from adopting and enforcing local
ordinances to regulate retailers of THC products, including,but not limited to,business
licensing requirements.
7) Establishing licensing requirements for retailers that desire to sell THC products will
not unduly burden legitimate business activities of such retailers who sell or distribute
THC products to adults but will allow the city to effectively regulate the operation of
lawful businesses and discourage violations of THC product-related laws.
In making these findings and enacting this section, it is the intent of the city to facilitate
responsible retail activities associated with THC products by allowing legal sale and access
without promoting increases in use, and to discourage violations of THC product-related laws,
especially those which prohibit or discourage the marketing, sale or distribution of THC products
to underage persons, as defined herein.
Sec. 12-51. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them, except where the context clearly indicates a different meaning:
Compliance checks. The system the city uses to investigate and ensure that those authorized
to sell THC products are following and complying with the requirements of this article.
Compliance checks shall involve the use of persons under the age of 21 as authorized by this
article. Compliance checks shall also mean the use of persons under the age of 21 who attempt to
THC products for educational, research and training purposes as authorized by state and federal
laws. Compliance checks may also be conducted by other units of government for the purpose of
enforcing appropriate federal, state or local laws and regulations relating to THC products.
Exclusive Liquor Store. An establishment that meets the definition of exclusive liquor store
in Minnesota Statutes, section 340A.101, as it may be amended from time to time.
Moveable place of business. Any form of business operated out of a truck, van, automobile
or other type of vehicle or transportable shelter and not a fixed address store front or other
permanent type of structure authorized for sales transactions.
Retail establishment. Any place of business where THC products are available for sale to
the general public. Retail establishments shall include,but are not limited to, grocery stores,
convenience stores,breweries, and restaurants. Retail establishment shall not include any home
occupation or sales out of any dwelling.
Sale. Any transfer of goods for money, trade,barter or other consideration, including giving
goods away for free, whether alone or in conjunction with other goods or products.
Sampling. The use or consumption of any THC product in a retail establishment by a
customer or potential customer for the purpose of sampling the product before a purchase.
Self-service merchandising. Open displays of THC products in any manner where any
person shall have access to the THC products without the assistance or intervention of the
DOCSOPEN\SP275\1\836560.v2-11/3/22
licensee or the licensee's employee. The assistance or intervention shall entail the actual physical
exchange of the THC product between the customer and the licensee or employee.
THC Product. Any product that contains more than trace amounts of tetrahydrocannabinol
and that meets the requirements to be sold for human or animal consumption under Minnesota
Statutes, section 151.72.
Vending machine. Any mechanical, electric or electronic or other type of device which
dispenses THC products upon the insertion of money, tokens or other form of payment directly
into the machine by the person seeking to purchase the THC product.
Secs. 12-53-12-60. Reserved.
DIVISION 2. ADMINISTRATION AND ENFORCEMENT
Sec. 12-61. Violations.
a) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either
personally or by mail, a citation that sets forth the alleged violation and which shall inform
the alleged violator of the right to be heard on the accusation.
b) Hearings. If a person accused of violating this article so requests, a hearing shall be
scheduled, the time and place of which shall be published and provided to the accused
violator.
c) Hearing officer. The city council shall serve as the hearing officer.
d) Decision. If the hearing officer determines that a violation of this article did occur, that
decision, along with the hearing officer's reasons for finding a violation and the penalty to
be imposed under section 12-62, shall be recorded in writing, a copy of which shall be
provided to the accused violator. Likewise, if the hearing officer finds that no violation
occurred or finds grounds for not imposing any penalty, such findings shall be recorded and
a copy provided to the acquitted accused violator.
e) Appeals. Appeals of any decision made by the hearing officer may be filed in the district
court.
f) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any alleged violation of this article. If the city elects to
seek misdemeanor prosecution, no administrative penalty shall be imposed.
g) Continued violation. Each violation, and every day in which a violation occurs or continues,
shall constitute a separate offense.
Sec. 12-62. Penalties.
a) Licensees. Any licensee found to have violated this article, or whose employee shall have
violated this article, shall be charged an administrative fine as determined by the city
council. In addition, after the third offense, the license shall be suspended for not less than
seven days.
DOCSOPEN\SP275\1\836560.v2-11/3/22
b) Other individuals. Other individuals found to be in violation of this article shall be charged
an administrative fee as determined by the city council.
c) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a
misdemeanor for any violation of this article.
Sec. 12-63. Exceptions and defenses.
Nothing in this article shall prevent the providing of THC products to a person under the
age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an
affirmative defense to the violation of this article for a person to have reasonably relied on proof
of age as described by state law.
Sec. 12-64. Severability
If any section or provision of this article is held invalid, such invalidity shall not affect other
sections or provisions which can be given force and effect without the invalidated section or
provision.
Secs. 12-65-12-70. Reserved.
DIVISION 3. LICENSE
Sec. 12-71. Required.
a) Obtaining from city. No person shall sell or offer to sell any THC product without having
obtained a license to do so from the city. All licenses issued under this section shall be valid
only on the premises for which the license was issued and only for the person, to whom the
license it was issued. No transfer of any license to another location or person shall be valid.
b) Application. An application for a license to sell THC products shall be made on a form
provided by the city. The application shall contain the full name of the applicant, the
applicant's residential and business addresses and telephone numbers, the name of the
business for which the license is sought, and any additional information the city deems
necessary. Upon receipt of a completed application, the city administrator/clerk/treasurer
shall forward the application to the city council for action at its next regularly scheduled
council meeting. If the city clerk determines that an application is incomplete, the clerk will
return the application to the applicant with notice of the information necessary to make the
application complete.
c) Action. The council may either approve or deny the license, or it may delay action for such
reasonable period of time as necessary to complete any investigation of the application or
the applicant it deems necessary. If the council approves the license, the city clerk will issue
the license to the applicant. If the council denies the license, notice of the denial will be
given to the applicant along with notice of the applicant's right to appeal the council's
decision.
DOCSOPEN\SP275\1\836560.v2-11/3/22
d) Term. All licenses issued under this article shall be valid for one calendar year from January
1 through December 31. For any license issued after January 1 in any year, the license shall
be valid from the date of issue through December 31.
e) Revocation or suspension. Any license issued under this article may be revoked or
suspended. In such case, the licensee may request or hearing or appeal as provided in
sections 12-61 and 12-62.
f) Transfers. All licenses issued under this article shall be valid only on the premises for which
the license was issued and only for the person to whom the license was issued.No transfer
of any license to another location or person shall be valid without the prior approval of the
city council.
g) Moveable place of business. No license shall be issued to a moveable place of business.
Only fixed location businesses shall be eligible to be licensed under this article.
h) Display. All licenses shall be posted and displayed in plain view of the general public on the
licensed premises.
i) Renewals. The renewal of a license issued under this article shall be handled in the same
manner as the original application. The request for a renewal shall be made at least 30 days
but no more than 60 days before the expiration of the current license. The issuance of a
license issued under this article shall be considered a privilege and not an absolute right of
the applicant and shall not entitle the holder to an automatic renewal of the license.
See. 12-72. Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in
full. The fee for a license under this article shall be as listed on the appropriate license fee
schedule.
Sec. 12-73. Basis for denial.
a) Grounds for denying the issuance or renewal of a license under this article, include, but are
not limited to, the following:
1) The applicant is under the age of 21 years.
2) The applicant has been convicted within the past five years of any violation of a
federal, state or local law, ordinance provision, or other regulation relating to THC
products.
3) The applicant has had a license to sell THC products revoked within the preceding 12
months of the date of application.
4) The applicant fails to provide any information required on the application, or provides
false or misleading information.
5) The applicant is prohibited by federal, state or other local law, ordinance or other
regulation from holding such a license.
6) The applicant is an exclusive liquor store.
7) The applicant does not operate out of a retail establishment.
DOCSOPEN\SP275\1\836560.v2-11/3/22
b) Except as may otherwise be provided by law, the existence of any particular grounds for
denial does not mean that the city must deny the license.
c) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the
discovery that the person was ineligible for the license under this article.
Secs. 12-74-12-80. Reserved.
DIVISION 4. SALES RESTRICTIONS
Sec. 12-81. Prohibited sales.
a) It shall be a violation of this article for any person to sell or offer to sell any THC products:
1) To any person under the age of 21 years.
2) By means of any type of vending machine.
3) By means of self-service methods whereby the customer does not need to make a
verbal or written request to an employee of the licensed premises in order to receive
the THC product and whereby there is not a physical exchange of the THC product
between the licensee or the licensee's employee and the customer.
4) By means of providing samples of any THC product free of charge or at a nominal
cost.
5) By any other means, to any other person, or in any other manner or form prohibited by
federal, state or local law, ordinance provision, or other regulation.
Sec. 12-82. Vending machines.
It shall be unlawful for any person licensed under this article to allow the sale of THC
products by means of a vending machine.
Sec. 12-83. Self-service sales.
All THC products shall either be stored behind a counter or other area not freely accessible
to customers, or in a case or other storage unit not left open and accessible to the general public.
Sec. 12-84. Responsibility.
All licensees under this article shall be responsible for the actions of their employees in
regard to the sale of THC products on the licensed premises; and the sale of such an item by an
employee shall be considered a sale by the license holder. Nothing in this section shall be
construed as prohibiting the city from also subjecting the clerk to whatever penalties are
appropriate under this article, state or federal law, or other applicable law or regulation.
Sec. 12-85. Compliance checks and inspections.
All licensed premises shall be open to inspection by the city police or other authorized city
official during regular business hours. From time to time,but at least once per year, the city shall
DOCSOPEN\SP275\1\836560.v2-11/3/22
conduct compliance checks by engaging, with the written consent of their parents or guardians if
the person is under the age of 18,persons over the age of 17 years, but less than 21 years, to
enter licensed premises to attempt to purchase THC products. Individuals used for the purpose of
compliance checks shall be supervised by city-designated law enforcement officers or other
designated city personnel. No person under the age of 21 used in compliance checks shall
attempt to use a false identification misrepresenting the individual's age, and all individuals
under the age of 21 lawfully engaged in a compliance check shall answer all questions about the
individual's age asked by the licensee or his employee and shall produce any identification, if
any exists, for which he or she is asked.Nothing in this section shall prohibit compliance checks
authorized by state or federal laws for educational, research or training purposes, or required for
the enforcement of a particular state or federal law or other applicable law or regulation.
Sec. 12-86. Other illegal acts.
Unless otherwise provided, the following acts shall be a violation of this article:
1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise
provide any THC product to any person under the age of 21.
Sec. 12-87. Signage and age verification required.
1) Signage. At each location where THC products are sold, the licensee shall display a
sign in plain view to provide public notice that selling any of THC products to any
person under the age of 21 is illegal and subject to penalties. The notice shall be placed
in a conspicuous location in the licensed establishment and shall be readily visible to
any person who is purchasing or attempting to purchase these products. The sign shall
provide notice that all persons responsible for selling these products must verify, by
means of photographic identification containing the bearer's date of birth,the age of
any person under 30 years of age.
2) Age verification. At each location where THC products are sold,the licensee shall
verify, by means of government-issued photographic identification containing the
bearer's date of birth, that the purchaser or person attempting to make the purchase is
at least 21 years of age. Verification is not required if the purchaser or person
attempting to make the purchase is 30 years of age or older. It shall not constitute a
defense to a violation of this subdivision that the person appeared to be 30 years of age
or older.
Section 2. This ordinance shall take effect following its adoption and publication.
ADOPTED by the City of Spring Park this 19th day of December 2022.
CITY OF;S PARK
By:
Jerome . Rockvam, Mayor
4inB ie Hoffman, Mt
DOC SOPEN\SP275\1\836560.v2-11/3/22
WORK SESSION AGENDA ITEM
1. Purpose. The purpose of this action item is to discuss funding of the Navarre Municipal Parking Lot.
2. Background. Previous work includes a public engagement process and a feasibility report. Through
the summer of 2022 the City Community Development Department with consultant support from Bolton
and Menk (BMI) completed a public engagement process with the Navarre area to evaluate possible
improvements to the Navarre Parking lot. Based on the feedback from public engagement, the City with
BMI completed a feasibility study for the project to establish key elements and an initial cost estimate for
the parking lot improvement. In June of 2022 Council authorized parking lot design. That design work is
now completed.
3. Scope. The project scope include the repaving and striping of the parking lot; establishment of a new
traffic pattern; rehabilitation of the stormwater system; and installation of lighting.
4. Cost. The Engineer Estimate for the construction work is $394,500. With design and engineering the
total comes to $457,250. A break down is provided below.
Category Cost Estimate Remarks
Parking Lot $ 235,000
Lighting $ 140,300
Storm Sewer $17,000
Water $ 2,200
Design $ 42,750 Approved NTE
Survey and Construction Management $ 20,000 Estimate
Total $457,250
5. Funding. The engineering as well as the eventual project will be funded with a combination of the
funding sources including the Community Investment Fund, Stormwater Fund and the Water Fund.
There is sufficient funding available in the Stormwater and Water funds for their portion of the project.
However, the additional costs for the project attributable to the community investment fund provide a
challenge. Particularly if the city looks to the fund to pay for some projects in parks. The table below
shows a possible funding plan for the fund over the next couple years.
Project 2022 2023 2024 2025
Navarre Parking Lot $ 437,750
GC Parking Lot $ 40,000
GC Maintenance Shed $ 190,000
CSAH 112 Turn back $ 570,000
Total Expanses $ - $ 667,750 $ 570,000 $ -
Revenues-Levy $ 219,000 $ 225,000 $ 250,000
Year End Cash Balance $ 632,636 $ 183,886 $ (161,114) $ 88,886
COUNCIL ACTION REQUESTED:
Discussion and direction on funding for the project.
Exhibits
A. Parking Lot Layout
B. Cost Estimate.
Item No.: 2 Date: January 9, 2023
Item Description: Navarre Parking Lot Funding (Project #21-040)
Presenter: Adam T. Edwards
City Administrator/City Engineer
Agenda
Section:
Work Session
40.2'OPTIONAL
ELECTRIC/WATER
SERVICE
9'14.5'14.5'23.21'
30'24'11.6'2.5' PAVEMENT EXPANSION
SALVAGE AND
REINSTALL
LIGHT POLE
22.24'
B612 CURB
BOLLARD LOCATION
B612 CURB
B612 CURB
B612 CURB
4" SOLID
WHITE LINE
MOVE LIGHT
POLE
R
NAVARRE MUNICIPAL PARKING LOT
CONSTRUCTION PLAN
FEETSCALE
0 25 50
HORZ.1CSAH 19
/
SHADYWOOD
RD
CSAH 15 / SHORELINE DR
LYRIC AVENUE
3360 SHORELINE DRIVE3382 SHORELINE DRIVE3400 SHORELINE DRIVE3416 SHORELINE DRIVE
2385 SHADYWOOD RD
2377 SHADYWOOD RD
3422 LRYIC AVE3438 LRYIC AVE
3465 LRYIC AVE
DATELIC. NO.
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
SHEET
Bolton & Menk, Inc. 2022, All Rights ReservedcH:\ORNO\0C1126005\CAD\C3D\126005C609.dwg 2/24/2022 9:26:20 AMDESIGNED
DRAWN
CHECKED
CLIENT PROJ. NO.
ISSUED FOR DATENO.
R
2638 SHADOW LANE, SUITE 200
CHASKA, MINNESOTA 55318
Phone: (952) 448-8838
Email: Chaska@bolton-menk.com
www.bolton-menk.comJEFF J. WEYANDT
41342
CITY OF ORONO, MINNESOTA
NAVARRE PARKING LOT REHABILITATIONKLBDRAFT
LEGEND
PROPOSED OVERLAY
3416 SHORELINE DR
3382 SHORELINE DR
PROPOSED BOLLARD
PROPOSED LIGHT
EXISTING LIGHT
ENGINEER'S ESTIMATE
NAVARRE PARKING LOT
CITY OF ORONO, MINNESOTA
BMI PROJECT NO. 0C1.126005
Date: 12/19/2022
Item No.Item Quantity Unit Unit Price Total Amount
PARKING LOT
1 MOBILIZATION 1 LS $19,400.00 $19,400.00
2 TRAFFIC CONTROL 1 LS $2,000.00 $2,000.00
3 REMOVE BOLLARD 5 EACH $100.00 $500.00
4 BOLLARD 6 EACH $1,000.00 $6,000.00
5 MILL BITUMINOUS PAVEMENT 6500 SY $5.00 $32,500.00
6 CRACK REPAIR 300 LF $15.00 $4,500.00
7 COMMON EXCAVATION (PATCHING) (CV)250 CY $50.00 $12,500.00
8 CLASS 5 AGGREGATE BASE 350 TON $50.00 $17,500.00
9 TYPE SP 12.5 NON-WEAR COURSE MIX (2,B) (PATCHING)150 TON $130.00 $19,500.00
10 TYPE SP 9.5 WEAR COURSE MIX (2,B)800 TON $95.00 $76,000.00
11 CONCRETE CURB 400 LF $50.00 $20,000.00
12 CONCRETE MEDIAN 700 SF $7.00 $4,900.00
13 COMMON TOPSOIL BORROW (LV)60 CY $50.00 $3,000.00
14 HYDRAULIC MULCH WITH SEED MIXTURE 25-151 600 SY $5.00 $3,000.00
15 4" SOLID STRIPE, PAINT 5200 LF $1.00 $5,200.00
16 PAVEMENT MESSAGE, PAINT (ARROW)10 EACH $500.00 $5,000.00
17 PAVEMENT MESSAGE, PAINT (HANDICAP SYMBOL)7 EACH $500.00 $3,500.00
TOTAL =$235,000.00
LIGHTING
18 REMOVE LIGHT POLE 4 EACH $1,000.00 $4,000.00
19 FURNISH AND INSTALL LIGHT POLE 8 EACH $3,000.00 $24,000.00
20 FURNISH AND INSTALL LIGHT FIXTURE 16 EACH $5,000.00 $80,000.00
21 COMMON EXCAVATION (PATCHING) (CV)150 CY $50.00 $7,500.00
22 CLASS 5 AGGREGATE BASE 150 TON $50.00 $7,500.00
23 TYPE SP 12.5 NON-WEAR COURSE MIX (2,B) (PATCHING)50 TON $130.00 $6,500.00
24 WIRING AND CONDUIT 720 LF $15.00 $10,800.00
TOTAL =$140,300.00
STORM SEWER
25 REMOVE CASTING 1 EACH $200.00 $200.00
26 FURNISH AND INSTALL CASTING ASSEMBLY - STORM 1 EACH $1,000.00 $1,000.00
27 ADJUST FRAME AND RING CASTING 10 EACH $700.00 $7,000.00
28 EXTERNAL CHIMNEY SEAL 10 EACH $300.00
29 REPLACE STORM STRUCTURE 1 EACH $7,000.00 $7,000.00
30 STORM DRAIN INLET PROTECTION 6 EACH $300.00 $1,800.00
TOTAL =$17,000.00
WATERMAIN
31 ADJUST GATE VALVE AND BOX 2 EACH $500.00 $1,000.00
32 VALVE BOX RISER RING 2 EACH $200.00 $400.00
33 WATER SERVICE LID 2 EACH $400.00 $800.00
TOTAL =$2,200.00
$394,500.00
DESIGN 42,750.00$
SURVEY AND CONSTRUCTION MANAGEMENT $20,000.00
Total $457,250.00
TOTAL ESTIMATED COST FOR CONSTRUCTION =