HomeMy WebLinkAbout11_14_22_PC packet (2)St. Joseph Planning Commission
Monday, November 14th, 2022 6:00 PM St. Joseph Council Chambers 75 Callaway St E **The meeting will also be available through Zoom**
1.Call to Order
2.Pledge of Allegiance
3.Agenda Review and Adoption
4.Approve Minutes – Oct. 10th, 2022
5.New Business
a.PUBLIC HEARING – ORDINANCE AMENDMENT REQUEST –GYMS/INDOOR ATHLETIC FACILITIES IN I-1 DISTRICT
6.Old Business
a.Cannabis and Zoning
7.Other Business
a.2023 Planning Commission Schedule
8.Adjourn
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Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met On Monday, October 10, 2022, at 6:00 PM. in the St. Joseph City Hall opening with the Pledge of Allegiance.
Planning Commission Members Present: Commissioners Carmie Mick, Keith Louwagie, Bob Loso, Gina Dullinger, Adam Scepaniak, Anne Jarrell
Absent: Mike Ostermann
Staff Present: Nate Keller, Community Development Director
Others in attendance: Kelly Beniek (Banner Sign Applicant-Winterwalk Committee), Shannon Wiger via
Zoom (Applicant for Parking Arrangement at 103 1st Ave NW)
Approval of the Agenda: Dullinger made a motion to approve the agenda. The motion was seconded
by Mick and passed unanimously by those present.
Approval of the Minutes: Scepaniak made a motion to approve the minutes of September 12, 2022.
The motion was seconded by Mick and passed unanimously by those present.
New Business: a. Banner Sign - Winterwalk Keller explained The Winterwalk committee submitted a Banner Sign Proposal for the Commission’s consideration. Committee is proposing to install a 3’ x 60’ Banner sign across Minnesota Street from November 15th – December 5th. Current ordinance requires no more than 21 days; however, they would
like to request an adjustment to have the sign up from November 1st – December 5th. The goal of this banner sign is to have multiple events on it. Ordinance 502.11 Subd. 27 allows banner signs to be hung across a road if the Planning Commission approves and a permit is obtained. There are no size restrictions indicated in the code language. Banner Sign approvals do not go before City Council. Commission inquired what kind of vertical clearance there would be from the bottom of the sign to the roadway.
Kelly Beniek, 118 17th Ave SE, Winterwalk Sign Applicant: Beniek explained to the council the Winterwalk Committee had met with Ryan Wensmann, Director of Public Works to measure clearance and it was decided a three-foot-wide banner would be appropriate so trucks and other large traffic would be able to clear the sign. Beniek explained The Winterwalk Committee is collaborating with CVB and they would like to add the Shop Small Crawl and Snowfest information on the banner. This is why they are asking for an extension on the number of days the sign can be up. Louwagie made a motion to approve the Banner Sign Proposal for the Winterwalk; seconded by Scepaniak and passed unanimously by those present. b. Parking Arrangement at 103 1st Ave NW Community Development Director Nate Keller presented a proposed parking plan to the Commission. Shannon Wiger is redeveloping 103 1st Ave NW. The parcel is currently zoned B-1 Downtown Commercial. The redevelopment will result in conversion of a residential use into commercial office space. The conversion will result in approximately 1,700 SF of office space. Current code requires one off-street space per 250 SF of office space resulting in 6.8 or 7 parking spaces needed. Wiger is proposing to locate five off-street parking spaces along the northern side of the building and two on-street parking spaces adjacent to the front of the building on 1st Ave NW. The new off-street spaces will require a new curb cut approach. The garage will be remodeled into office space with driveway converted to green space (existing curb cut will be closed).
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The Commission expressed concern on:
• the 35’ available for the parking spaces and drive aisle thru the parking lot may be too narrow of a space for effective parking and traffic flow
• using off-street parking spaces to satisfy the required number of spaces needed to meet City code. City Code provides guidance on drive aisle width but not for unique parking lot arrangements like this. The proposal also includes a buffer constructed of maintenance free fence or coniferous vegetation to
protect the adjacent properties, cutting down the amount of space available for the parking spaces and drive aisle.
Shannon Wiger, spoke to the Commission regarding her request via Zoom. She is the developer of the property located at 103 1st Ave NW. Wiger has two businesses that would like to come into St. Joseph and utilize the office space Shannon is creating. Another option is leaving the parcel a residential property
which would eliminate the parking concern. Wiger spoke on the difficulty of meeting the parking requirements of this lot due to the size and location of the parcel and short of tearing down part of the
building it will be difficult to meet those requirements.
The Commission brought up that there has been a plethora of complaints about parking in the downtown area. Loso felt that if we alleviate the parking requirements the City is going backwards and not addressing parking issues coming forward. Wiger added as the owner of several downtown properties she has never had anyone express to her that parking is an issue. Wiger pointed out that street parking should be first come first serve and she
personally doesn’t feel there is a parking problem in St. Joe. The Commission asked staff if there is a formal site plan application for this project. Keller explained to the commission that there is no site plan application for this project because this is an interior conversion. The site plan would get triggered if there was an increase in the footprint above a certain percent. Dullinger made a motion to Approve the Parking Plan at 103 1st Ave NW with the accommodation of 5 off street parking spaces, roughly as shown in the sketch with a suggested 18’ drive width and a fence being used as the buffer; seconded by Louwagie and passed unanimously. Old Business: a. Cannabis and Zoning Keller gave a recap to the Commission from the September 6th PC meeting regarding drafting ordinances pertaining to the selling and licensing of Cannabis products. At that time Staff was directed to look into current buffer requirements for adult entertainment spaces as that information could be used as a guide in helping the Commission with the Cannabis buffer and zoning decisions. Staff is asking the Commission for their recommendation of the proper zoning district for the selling of Cannabis products, appropriate buffer zones, if any, and recommendation on drafted language.
The Commission discussed a range of buffer zones that could be used as a radius for the sale of Cannabis products. Staff was asked how surrounding cities are handling buffer zones and drafted language. The commission discussed retail zones B-1, B-2 and the Industrial zone regarding which might be the most appropriate zoning district for the retail sale of Cannabis products. The Commission ultimately agreed for the retail sale of Cannabis products in zones B-1 and B-2. A buffer zone of 500 feet from another establishment that sells Cannabis products and a buffer zone of 1000 feet from public parks and schools. Staff will take this recommendation and look to see where the City is at with the licensing ordinance. The next step would be bringing this information back to the Commission as a formal draft with a public hearing.
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Other Business: None Adjourn: Dullinger moved to adjourn the meeting at 7:39 PM. The motion was seconded by Mick and the motion carried.
Minutes approved by: Nate Keller Community Development Director
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Planning Commission Agenda Item 05a
MEETING DATE: November 14th, 2022 AGENDA ITEM: Public Hearing – Ordinance Amendment Request – Gyms/Indoor
Athletic Facilities in I-1 District SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Staff recommends approving Ordinance amendment request PREVIOUS PLANNING COMMISSION ACTION: None BACKGROUND INFORMATION:
Staff has received an ordinance amendment request to allow “Gyms/Athletic Facilities” within an I1 Light Industrial District. Staff has worked with the applicant on this request and directed applicant to apply for the Zoning Ordinance amendment based on discussion of proposed use.
The amendment would allow “Gyms/Indoor Athletic Facilities” as a permitted use within the I1
Light Industrial District. “Gyms/Indoor Athletic Facilities” includes a range of similar uses like gyms, health clubs, gymnastics facilities, etc. Overall, it’s very common to see the proposed use within Industrial Zoned property. There are many
examples of gyms/indoor athletic facilities being built or part of an adoptive reuse project within an Industrial area. A sampling of area cities which allow the use as a permitted use within Industrial Districts:
• Waite Park
• Sauk Rapids (grouped under bowling alleys, places of amusement)
• Sartell
• Cold Spring Some cities require a conditional use permit like the city of St. Cloud:
• St. Cloud (called out under School for Karate, Dance, Music, Exercise)
Staff believes the proposed amendment is a good fit both in the short- and long-term. The language also provides some general flexibility. Within the Comprehensive Plan Goal 2 Focus on Competitiveness; Strategy 2.3 – Review land use and
zoning standards – alludes to ensuring Zoning standards are reflective of new opportunities which help spur growth and reflect current needs of the community. ATTACHMENTS: Zoning Ordinance amendment application Zoning map Zoning Ordinance doc Summary Publication REQUESTED PLANNING COMMISSION ACTION: 1. Conduct Public Hearing 2. Motion on proposed Zoning Ordinance amendment #2022-TBD
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ORDINANCE NO_2022-TBD
AN ORDINANCE AMENDING ORDINANCE 502.62
New language is underlined and in red
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH MINNESOTA:
That Section 502.62 L1-Light Industrial District Ordinance is hereby amended as follows:
Section 502.62: LI-LIGHT INDUSTRIAL DISTRICT Subd. 1: Intent. The Light Industrial District provides space for industrial activities
involving a minimum degree of refuse byproducts and air or noise pollution, and requiring a relatively low level of on-premise processing. These activities may include secondary commercial functions which are conducted on site. Subd. 2: Permitted Uses. The following use shall be permitted within the LI-Light
Industrial District: a) Assembly plants and manufacturing enterprises of a wide variety of products that do not cause noxious odors or noise, including excessive users of water and
sewer. Examples of such uses include: fabrication or assembly of small products
such as opticals, electronics, pharmaceuticals, medical supplies and small equipment. b) Publishing establishments.
c) Clothing or apparel manufacturing or assembly. d) Business incubator facilities.
e) Bottling establishments.
f) Dry cleaning and drying establishments. g) Manufacturing/assembly of crates, boxes, baskets, furniture, veneer,
cabinets and similar word items.
h) Building materials sales and storage/ lumberyards. i) Manufacturing of plastic, fiberglass and metal products.
j) Mini-storage.
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k) Major automotive repair.
l) Offices/showroom/retail space as a portion of the principal industrial use provided
they do not exceed a combined 25 percent of the total square footage of the principal use. m) Appliance assembly and warehousing.
n) Industrial research laboratories. o) Manufacturing of small electrical parts and service.
p) Newspaper and printing plants.
q) Telecommunication facilities, base stations. r) Telemarketing and mail order establishments.
s) Warehousing, of non-explosive material and equipment within the structure. t) Wholesale or distributor storage and distribution of non-hazardous materials.
u) Wholesale water conditioning systems.
v) Breweries, Microbreweries, Distilleries. w) Gyms/indoor athletic facilities
w)x) Uses determined to be of a similar nature as those contained in this section upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as contained in Subd. 1.
Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an Accessory Use in the Light Industrial District and subject to the all the requirements in this Section:
a) Restaurant, lunch counters, confectioneries to serve the employees employed
within the District. b) Residential structures and related residential uses necessary for security and safety reasons in relation to the principal use.
c) Off-street parking and off-street loading. d) Outdoor storage as regulated in this Ordinance.
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e) Office accessory to the principal use.
f) Signs as regulated in this Ordinance
g) Temporary buildings for construction purposes for a period not to exceed a period of 12 months.
Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit as
provided for in this Ordinance. a) Adult Entertainment as regulated in this Ordinance.
b) Commercial activities relating to production systems, structural maintenance
programs or the construction industry. c) Service structures, public or private, designed and used to serve the uses in the surrounding area, such as electric power substation, telephone buildings, deep
wells, elevated tanks and similar structures and uses.
d) Biotechnology and health science research, development, manufacturing, and/or production facilities including but not limited to devices, products, components, and services whether organic or inorganic in nature.
e) Commercial/Industrial Planned Unit Development. f) When property within a Light Industrial District abuts County State Aid Highway 75:
1. Motels 2. Gasoline service stations
3. Restaurant or supper clubs
4. Drive-in establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to protect such areas from encroachments by parked cars or moving vehicles.
5. Open sales or temporary rental lots g) Indoor Firing Range provided that:
1. The firing range shall not be located on any lot adjacent to an existing
Residential, Educational/Ecclesiastical or Public District unless the facility is separated by a public right-of-way. 2. The firing Range shall not be located within one thousand (1,000) lineal
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feet, measured from building to building, of an existing firing range or establishment licensed to dispense intoxicating or non-intoxicating liquor,
nor shall they be in a building that dispenses liquor.
3. The building and method of operation shall conform with the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere,
indoor sound levels, lead containment and outside noise standards.
4. The design and construction of the firing range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a
registered engineer in the State of Minnesota. The certified plans shall
include the specifications and construction of the bullet trap (s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine.
5. No ammunition shall be used in the range that exceeds the certified design
and construction specifications of the firing range. 6. Firearms shall not be stored on the premises when the range is closed for Business, unless they are stored in a secured vault.
7. On-site supervision shall be supplied at all times by an adult with credentials as a range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises.
8. On site instruction shall be given only by Certified Firearms Instructors. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection at all times.
9. The transport of firearms on the premises, to the premises and from the premises shall conform to State Law. 10. Minors shall not be allowed in the range unless accompanied by an adult
at all times. This provision shall not be interpreted to prohibit minors
from participating in a firearm safety class or using the facility provided they are supervised by an adult instructor. Subd. 5: Interim Uses. The following shall require an Interim Use Permit as provided for
in this Ordinance.
a) Asphalt or concrete plants/mixing facility provided the processing of mined materials shall not be conducted closer than five hundred (500) feet to any residential dwelling/use.
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Subd. 6: Lot Area Requirements.
a) Minimum Lot Size: One (1) acre (43,560 square feet). Minimum lot width one hundred (100) feet. b) Impervious surfaces shall not exceed 80% of the lot area. Impervious surfaces
shall include all structures, parking areas, driveways, sidewalks and all other areas
covered with impervious material.
Subd. 7: Setback Requirements. No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas.
Front Yard Setbacks. a) Front yard setback shall be thirty (30) feet from the lot line. On corner lots, the setback from all lot lines abutting a street shall be thirty (30) feet. When an
industrial district lot is separated from a residential zone by a city street, the
setback from the lot line shall be one hundred (100) feet. b) Front yards abutting any roadway: the setback shall be landscaped as in accordance to the requirements of any applicable protective covenants and such
reasonable requirements as established by the City, and shall not be used for
parking. Side Yard Setbacks.
a) Side yard setback shall be at least twenty-five (25) feet from the lot line.
Development occurring on lots platted prior to January 1, 1999 shall be subject to the ten foot side yard setback requirement in effect at the time of platting. b) A Light Industrial District side yard adjacent to a residential boundary line shall
provide for a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. The landscaped strip shall be planted with an evergreen hedge to provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet.
c) Side yard boarding upon any roadway: the setback shall be landscaped in accordance with any applicable protective covenants and such reasonable requirements as established by the City.
Rear Yard Setback.
a) Rear yard setback shall be at least twenty (20) feet, which may be used for parking.
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b) A Light Industrial District rear yard adjacent to a residential boundary shall provide a landscaped strip of at least sixty (60) feet in width along the lot
boundary line. The landscaped strip shall be planted with an evergreen hedge to
provide a screen. The governing body may require additional side yard setback in these cases. When such additional width is required, such additional width shall not exceed one hundred (100) feet.
Subd. 8: Height Requirements.
a) No building constructed in any Light Industrial District shall be more than fifty-five (55) feet in height. Berming the building does not allow a building to be constructed higher than 55 feet. Elevation for the building shall be determined by
the average grade of the land.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more than 50 percent of the lot area.
Subd. 10: Other Requirements.
a) Parking Lots. All parking lots shall conform to the standards set forth in this Ordinance. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this Ordinance. No loading docks or overhead doors shall directly face County State Aid Highway 75.
c) Building Exteriors. All construction of new facilities, excluding additions that are
less than 30% of the existing structure, shall consist of pre-cast or cast tip up concrete walls, concrete block (painted or decorative), and stick built construction and shall include footings that meet the requirement of the MN State Building Code, in relation to frost protection.
Pre-finished architectural metal panels, with a minimum twenty (20) year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets, exclusive of windows and doors, shall consist of materials comparable to:
face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum
lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in place concrete buildings shall provide the same amount of adornment.
Accessory Building located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with the principal structure, all other accessory buildings must meet the 30% adornment requirement stated above.
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d) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from
this requirement. The City Council may consider green roof options that reduce
stormwater runoff and improve water quality. e) Every applicant shall be required to submit for approval a landscape plan providing for the planting of trees and other vegetation.
f) Any use creating periodic earthshaking vibration shall be prohibited if undue vibrations are perceptible beyond boundaries of the property on which the use is located. This standard shall not apply to vibrations created during the process of construction.
g) Any use requiring the storage, utilization or manufacture of products which could decompose by detonation shall be located not less than 400 feet from any residence. This section shall not apply to the storage or usage of liquid petroleum, natural gas for normal residential or business use providing other performance
standards are met.
h) All activities that emit radioactivity shall comply with the minimum requirements of the Federal regulatory body.
i) All uses associated with bulk storage of oil, gasoline, liquid fertilizer, chemicals,
similar liquids and hazardous substances shall comply with the requirements of the Minnesota State Fire Marshal, the Minnesota Department of Agriculture and other hazardous substance legislation by the Federal government. The user of such material shall have documents from the above offices that the use is in
compliance. All existing above ground liquid storage tanks with a capacity of
2,000 gallons or more, shall comply with the requirements of the Minnesota State Fire Marshal's office within 12 months following enactment of this Ordinance. j) Screening. All mechanical, heating, ventilation and air conditioning equipment,
and refuse storage areas shall be screened and in a suitable location.
k) Lighting. All lighting shall be hooded and no light may directly strike any street/highway or areas outside of the development.
l) Landscaping. In addition to requirements relating to parking lots, the
Development Plan shall show a unified landscaping scheme for the development. m) Spoil/Construction piles. Properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation Agreement where the main use of the
property is for business related to or reliant upon storage/use of construction
material shall be allowed to continue to store material on site provided the material is stored in the rear yard.
Amended 9/2018
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Resolution 2022-TBD SUMMARY PUBLICATION OF ORDINANCE NO. 2022-TBD AN ORDINANCE AMENDING ORDINANCE 502.62
The following official summary of the ordinance referred to has been approved by the City
Council of St. Joseph as clearly informing the public of the intent and effect of the amendments.
Ordinance 502.62 – I1-Light Industrial District
The ordinance amendment adds “Gyms/indoor athletic facilities” as a permitted use in the I1
Light Industrial District.
A printed copy of the entire ordinance is available for inspection by any person at the office of
the City Clerk any Monday through Friday between the hours of 8:00a.m. and 4:30 p.m. or on
the City website at www.cityofstjoseph.com
This document hereby is made a part of this ordinance and is attached hereto. _____________________________
Rick Schultz, Mayor
ATTEST: _____________________________ Jeff O’Neal, Interim City Administrator
SEAL
PUBLISHED IN THE ST. CLOUD TIMES ON ________________, 2022
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Planning Commission Agenda Item 06a
MEETING DATE: November 14th, 2022
AGENDA ITEM: Cannabis and Zoning
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Commercial districts are appropriate zoning districts for retail
PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION: On July 1st 2022 the MN Legislature enacted in law the selling of THC products.
Therefore, the city (along with other area cities) have placed a moratorium on Cannabinoid THC products for up to one year in order to research and draft ordinance amendments and develop a proper process.
The Commission discussed the topic at the October meeting.
Based on the last discussion staff was directed to:
•Allow Cannabinoid product sales in B-1 and B-2
•Utilize 500’ buffer from other establishments and 1,000’ radius from schools and publicparksNotes on other cities:
•Waite Park allows and does not have any buffers (ordinance adopted in late September)
•Sauk Rapids no formal amendments. Have chosen to just follow state law and allow
outright.
•Sartell – nothing adopted…still drafting ordinance language and determining Zoning
•St. Cloud – allows in Commercial Districts C2-C6. Buffer of 1,320 feet from schools andother cannabinoid product sales establishments. 350 feet buffer from parks, and places of
worship.
The bigger change of note is the revised drafted language tied to the licensing and sale of THC products. Staff has included the updated draft for reference. Of specific note is the elimination of “youth-oriented facilities” and buffer references. If a buffer is still sought by Planning
Commission then we’ll likely need to insert it in the Zoning Ordinance. Other questions for Commission include:
•Are the previous buffers that were recommended still consensus?
•Should a retail establishment that sells cannabinoid products along with other products be
treated differently than a place that just focuses on sale of cannabinoid products. Forexample, a gas station, chiropractor, etc. be different than a “dispensary”. Similar to howTobacco or Liquor stores are treated differently than a retail place that happens to sellliquor or tobacco products
Another consideration is to not adopt any zoning requirements and permit the product to be sold in any district. The licensing and sale would still be regulated however.
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ATTACHMENTS: B-2 OrdinanceExample buffer maps
Drafted Cannabinoid Product Ordinance (for reference only)
REQUESTED PLANNING COMMISSION ACTION: Discussion and recommendation on the proper zoning district, buffers (if any) and zoning requirements for the selling of Cannabis products and recommendation on drafted language. Next step is to draft formal amendments (if desired) with public hearing.
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1,000 feet buffer from Centennial Park
1,000 feet buffer from Wobegon trailhead
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1,000 feet buffer from Cloverdale Park
1,000 feet from St. Joseph Parish
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Potential definitions to add: Cannabinoid Products: any product containing nonintoxicating cannabinoids extracted from hemp, including an edible cannabinoid product, that is sold for human or animal consumption.
Section 502.54: B-2 HIGHWAY 75 BUSINESS DISTRICT
Subd. 1: Intent. The Highway 75 Business District is intended to control the use and development of land and improvements by creating a mixed land use district near and adjacent to the County State Aid Highway 75 corridor in the City of St. Joseph. This shall be done by allowing for a mixture of land uses and by establishing stringent standards for development. This
section shall be administered in a manner which will encourage and promote high-value
development in a manner similar to a planned unit development, taking full advantage of the City’s highway location. It is also the purpose of the Highway 75 Business District that a pleasant, attractive, and aesthetically pleasing environment be developed. Subd. 2: Permitted Uses. The following uses are permitted:
a) Any use permitted in the B-1 District b) Automobile repair- minor
c) Cannabinoid Product Sales c) Convenience store c) Funeral home
d) Gasoline service station e) Grocery store
f) Hardware store g) Motel and hotel h) Movie (not the drive-in type) and Performing Art Theater
i) Places of worship, including churches, synagogues, chapels, and temples. j) Retail shop and store
k) Veterinary clinic l) Other use determined by the Planning Commission to be of the same character as contained in this Subdivision
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Subd. 3: Permitted Accessory Uses. The following uses shall be permitted as an
Accessory Use in the Highway 75 Business District and subject to all the requirements in this Section: a) Commercial or business building for a use accessory to the principal use, not to
exceed 30% percent of the size of principal structure.
b) Signs as regulated in this Ordinance. c) Temporary buildings for construction purposes for a period not to exceed construction.
d) Off-street loading and parking areas, subject to applicable section(s) of this Ordinance.
e) Fences, landscaping.
Subd. 4: Conditional Uses. The following uses shall require a Conditional Use Permit as provided for in this Ordinance: a) Animal/Pet Boarding, Training, Grooming and Spa provided that the following is
met: 1. The establishment provides services for domestic animals only, meaning house pets such as dogs and cats.
2. Buildings must be sound controlled to protect other tenants within the structure and neighboring structures and property. 3. Outdoor animal runs/exercise areas shall be located in the rear yard, be fully enclosed with a six-foot solid fence. Chain link and sheet metal
fencing is prohibited. The run/exercise area shall be maintained in a dust free, erosion control manner. 4. Outdoor animal runs/exercise areas shall be located no closer than one-
hundred (100) feet to a residential use or district.
5. Dogs shall be supervised at all times while in the animal run/exercise area and any barking dogs shall be immediately taken into the building. 6. Outdoor animal runs/exercise areas shall only be used between the hours
of 7 am and 9 pm. 7. The use is subject to the noise ordinance.
8. No exterior kennels will be permitted.
9. There shall be no breeding or sales of animals.
Amended 6/2018
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b) Office warehousing.
c) Lawn and garden temporary sales area. d) Lumber yards and home improvement retail centers.
e) New or used auto dealerships.
f) Stone masonry building material sales and service. g) Recreational vehicle sales and services.
h) Transportation terminals, public utility and transfer stations, without storage yards. i) Equipment Services.
1. Radio and television shops 2. Appliance repair shops 3. Appliance show rooms
j) Recreational Services.
2. Bowling establishments
3. Clubs and lodges k) Drive-through and convenience food establishments, provided that an internal site pedestrian circulation system shall be defined and appropriate provisions made to
protect such areas from encroachments by parked cars or moving vehicles. l) Commercial car washes (drive through, self-service and mechanical) provided that stacking space is constructed, subject to approval by the City Engineer, to
accommodate that number of vehicles which can be washed during a maximum
thirty (30) minute period. m) Uses determined to be of a similar nature as those permitted under Subd. 2, upon a finding that the uses will not be detrimental to the health, safety and welfare of the City, and that the use is consistent with the stated intent of the zone as
contained in Subd. 1. Subd. 5: Conditions Applicable to All Conditional Use Permits. The following conditions are applicable to all uses under a conditional use permit:
a) When abutting a residential use in a residential use district, the property is adequately screened and landscaped. b) Parking areas shall be screened from the view of abutting residential districts.
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c) Vehicular access points shall be limited, shall create minimal conflict with through traffic movements, shall comply with all appropriate Chapters of this
Ordinance as may be amended and shall be subject to the approval of the City Engineer. d) Provisions are made to control and reduce noise in accordance with MPCA
standards.
e) The entire site other than that taken up by a building, structure or plantings shall be surfaced so as to control dust subject to the approval of the City Engineer. f) The entire area shall have a drainage system subject to the approval of the City
Engineer. g) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area so as to cause impairment in
property values or constitute a blighting influence within a reasonable distance of
the lot. h) All outdoor storage shall be completely screened from view. Subd. 6: Interim Uses: The following uses shall require an Interim Use Permit as
provided for in this Ordinance: a) Farmers Market/Outdoor Market – a publicly or privately operated, open-air establishment where agricultural or new or used projects are sold.
1. A site plan shall be provided illustrating that the location of the temporary/seasonal market meets all required parking lot setbacks and all other setbacks. The site plan shall be a scaled and dimensioned site plan showing the layout of the entire market area including parking spaces for the use, traffic patterns and stall areas.
2. Any temporary structure placed on the property for such sales must be removed at the end of the selling season or sale. The size of a temporary building shall not exceed 120 square feet per vendor.
3. The Interim Use Permit shall be obtained through the interim use procedures set forth in this Ordinance. b) Rental Units.
1. Single-family residential dwelling units in areas that have been rezoned to commercial from residential shall be allowed an Interim Use Permit as a rental unit for a limited period of time to allow for a transition in use to commercial. When a majority of the block is a commercial use, no
additional interim use permits shall be granted or extended and single-
family rental dwellings shall transition to a permitted use in compliance with this Ordinance. The maximum density for rental units under the Interim Use Permit shall be limited to the density which is allowed in the R-1 Single Family Residential District.
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2. The Interim Use as a rental shall be obtained through the interim use procedures set forth in this Ordinance.
3. The maximum term for an interim use permit shall be five years but may be less as approved by the governing body.
Subd. 7: Setback Requirements.
a) Lot Size. Minimum lot size is 32,670 square feet (.75 Acre) with a minimum width of 100 feet. b) Property adjacent to County State Aid Highway 75. Shall have a ten (10) foot
landscaped setback from the highway right-of-way line. Any structure shall have a twenty (20) foot setback from the highway right-of-way. c) Front yard. Setback shall be twenty (20) feet from the lot line.
d) Side yard. Setback shall be ten (10) feet from the interior lot line, fifteen (15) feet from the corner lot line, and 35 feet if abutting a residential lot line. e) Rear yard. Setback shall be ten (10) feet from the lot line, 35 feet if abutting a residential district.
f) No part of the structure including footings, soffits, gutters or other overhangs shall encroach on easement areas.
Subd. 8: Height Requirements.
a) Any portion of a structure shall not exceed 3 stories or 40 feet in height. Berming the building does not allow a building to be constructed higher than 40 feet. Elevation for the building shall be determined by the average grade of the land.
Subd. 9: Site Coverage. No structure or combination of structures shall occupy more than 60 percent of the lot area. Maximum impervious surface coverage of all buildings, parking areas, sidewalks and all other areas covered with impervious material shall not exceed seventy-five (75) percent.
Subd. 10: Other Requirements. a) Parking Lots. All parking lots shall conform to the standards set forth in this Ordinance. All lots shall include parking controls and other landscaping techniques to improve their aesthetic quality and to direct the flow of traffic.
b) Loading Docks. All loading docks shall conform to the standards set forth in this Ordinance. No loading docks or overhead doors shall directly face County State Aid Highway 75.
c) Framing Types: Concrete block or masonry framing systems are preferred. Tilt up framing, Post and Frame and/or steel construction are allowed as long as any structure has a contiguous masonry frost-free foundation. d) Building Exteriors. The following are permitted exterior materials:
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1. Pre-finished standing seam architectural metal panels, with a minimum
twenty (20) year manufacturer color-fast warranty utilizing concealed fasteners., 2. Brick or face brick,
3. Decorative architectural precast concrete masonry units. Concrete masonry units shall have indented, hammered, split face finish or other similar architectural finish and be integrally colored. Light weight concrete block or cinder block construction is prohibited,
4. Wood, 5. Natural or cut stone such as granite, marble, limestone, slate, river rock and other durable naturally occurring weather stone,
6. Stucco, 7. Glass curtain walls provided they are designed as non-load bearing exterior walls supported in a metal framework,
8. Vinyl, aluminum, or steel lap siding, 9. Any other material approved by the City Council, including but not limited to fiber cement or other composite materials found to be of
comparable or superior durability which mimic the appearance of other
approved materials. 10. Portions of the building shall feature divisions in materials, separate entrances/entrance treatments, variations in rooflines and/or variations in building setbacks. A minimum of thirty (30) percent of all four sides of the
exterior, exclusive of windows and doors, shall be constructed of one or a combination of the following materials: brick, face brick, natural stone or cut stone, or stucco.
e) Accessory Buildings located in the rear yard or behind the principal structure, and
not visible from the public right-of-way must have an exterior harmonious with the principal structure, all other accessory buildings must meet the 30% adornment requirement stated above. f) Roof Materials. Commercial grade asphalt shingles, wood shingles, standing seam
pre-finished architectural metal, slate, tile or copper. Flat roofs are exempt from this requirement. The City Council may consider green roof options that reduce stormwater runoff and improve water quality.
g) Screening. All mechanical, heating, ventilation, air conditioning equipment, and
refuse storage areas shall be screened. h) Lighting. All lighting shall be hooded and no light may directly strike County State Aid Highway 75 or areas outside of the development.
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i) Stops and Curbs. Concrete curb to B-612 specifications shall be used for all automobile stops and for all drive and parking areas.
j) Landscaping. In addition to requirements relating to parking lots, the Development Plan shall show a unified landscaping scheme for the development.
Amended 12/2019
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ORDINANCE 614 CANNABINOID PRODUCTS Section 614.01: PURPOSE ......................................................................................... 614-1
Section 614.02: FINDINGS OF THE CITY COUNCIL ............................................. 614-1 Section 614.03: DEFINITIONS .................................................................................. 614-1 Section 614.04: SALES OF CANNIBINOIDS DERIVED FROM HEMP .................. 613-3 Section 614.05: PROHIBITED SALES ...................................................................... 613-3
Section 614.06: LICENSE REQUIRED ..................................................................... 613-3
Section 614.07: PROCUREMENT OF LICENSE ...................................................... 613-3 Section 614.08: BASIS FOR DENIAL OF LICENSE. ............................................... 613-4 Section 614.09: TESTING REQUIREMENTS ........................................................... 613-5 Section 614.10: LABELING REQUIREMENTS ........................................................ 613-5 Section 614.11: ADDITIONAL REQUIREMENTS FOR EDIBLE CANNABINOID
PRODUCTS ................................................................................................................ 613-5 Section 614.12: PROHIBITED SALES ...................................................................... 613-6 Section 614.13: ADULTERATED OR MISBRANDED PRODUCTS ........................ 613-6 Section 614.14: SIGNAGE ......................................................................................... 613-6
Section 614.15: AGE VERIFICATION ...................................................................... 613-6
Section 614.16: RESPONSIBILITY ........................................................................... 613-7 Section 614.17: HOURS OF SALES .......................................................................... 613-7 Section 614.18: COMPLIANCE CHECKS AND INSPECTIONS .............................. 614-7 Section 614.19: CIVIL PENALTIES, SUSPENSIONS OR REVOCATION OF LICENSES .................................................................................................................................... 614-7
Section 614.20: PENALTIES FOR VIOLATIONS .................................................... 614-7
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ORDINANCE 614 CANNABINOID PRODUCTS
Section 614.01: 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 614.02: 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) The Minnesota Legislature enacted new legislation during the 2022 Legislative Session, amending Chapter 98, Article 13. The amendments included changes to
Minn. Stat. § 151.72 that allow for the sale of certain previously prohibited
cannabinoid products.
2) Under the new legislation, the City of St. Joseph retains authority to regulate
licensing and the sale of these cannabinoid products within its jurisdictional
boundaries.
3) The City Council’s mandate to ensure and protect public health, safety, and
general welfare of the residents of St. Joseph recommends the enactment of rules, regulations, and standards for the newly legal cannabinoid products. Section 614.03: DEFINITIONS.
Subd. 1. Cannabinoid product. Any product containing cannabinoids extracted from hemp, including an edible cannabinoid product that is sold for human or animal consumption which is subject to Minn. Stat § 151.72, as may be amended.
Subd. 2. Certified hemp. The definition for the same provided in Minn. Stat. §
151.72, Subd. 1(b), as may be amended. Subd. 3. Compliance checks. 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. Delivery sale. The sale of any cannabinoid products conducted by any means other than an in-person, over-the-counter sales transaction in a licensed retail
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establishment. Delivery sale includes, but is not limited to, sales conducted by: telephone or other voice transmission; mail or other written submission; website, mobile
device application software, the internet; and/or door-to-door delivery service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up.
Subd. 5. Edible cannabinoid product. 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. 6. “Hemp” or “Industrial Hemp” means the definition for the same provided in Minn. Stat. § 18K.02, Subd. 3, as may be amended.
Subd. 7. Label. The definition for the same provided in Minn. Stat. § 151.01, Subd. 18, as may be amended.
Subd. 8. Labeling. The definition for the same provided in Minn. Stat. § 151.01,
Subd. 20, as may be amended. Subd. 9. Matrix barcode. The definition for the same provided in Minn. Stat. § 151.72, Subd. 1(g), as may be amended.
Subd. 10. Moveable place of business. Any form of business that is operated out of a movable structure, including but not limited to: kiosks, tents, canopies, booths, pop-up stands, shipping containers, temporary shelters of any kind, trucks, vans, automobiles, trailers, wagons, and/or vehicles of any kind.
Subd. 11. Nonintoxicating cannabinoid. Substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. Subd. 12. Operator. 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. 13. Retail establishment. A fixed place of business where cannabinoid
products are available for sale to the general public. A Retail establishment for the
purposes of this ordinance does not include exclusive liquor stores, residential homes, bars or restaurants. Subd. 14. Sale. Any transfer of goods for money, trade, barter or other consideration. Subd. 15. Self-service vending. The sale of cannabinoid products that are
accessible to the public without the need of assistance of an employee.
Subd. 16. Vending machine. Any mechanical, electrical or electronic, or other
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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 614.04: 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, and such product does not contain more tetrahydrocannabinol than permitted under state law.
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 614.05: PROHIBITED SALES. It shall be unlawful for any person to sell, transfer or otherwise distribute any cannabinoid products within the City: a. Unless the sale is transacted by a person who holds, or is employed by a person who holds, a current retail cannabinoid product license;
b. Unless the sale is transacted in-person, at a retail establishment; c. If the sale involves any vending machine or self-service vending; d. If the sale involves a delivery sale; e. If the sale involves adulterated or misbranded cannabinoid products; and
f. If the sale violates any law, order, ordinance, regulation, or statute
Section 614.06: LICENSE REQUIRED. It will be unlawful for any person to sell at retail any cannabinoid products derived from hemp within the City without first having obtained a license to do so from the City.
Section 614.07: PROCUREMENT OF LICENSE. Subd. 1. An application for a license to sell or otherwise distribute cannabinoid 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
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telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. A business entity applicant shall
provide a list of all persons that have an interest of 5% or more in the business. If the City Clerk determines that an application is incomplete, it shall be returned to the applicant with notice of the information necessary to make the application complete.
Subd. 2. The City Clerk will transmit a copy of the application to the Chief of
Police, who will investigate all facts and information bearing upon the question of the applicant's fitness to receive the license. Upon completing the investigation, the Chief of Police will report findings to the City, together with recommendation as to the issuance or denial of a license to the applicant.
Subd. 3. The report and recommendations of the Chief of Police shall be considered and acted upon by the City Council, who may approve or deny the application. If the City Council approves an application, the City Clerk shall execute and deliver the license to the applicant. Each license shall be issued for a period of one year
except that if the application is made during the license year, the license may be issued
for the remainder of the year for a pro rated fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on December 31. A license issued under this ordinance is a privilege and does not entitle the license holder to automatic renewal of the license. If the application is denied, the earliest an applicant may reapply is 12 months from the date the license is denied. Section 614.08: 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 cannabinoids 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 physical location from which the applicant seeks a license to sell cannabinoid products is not a retail establishment as defined in this ordinance.
(7) The applicant is a business that does not have an operating officer or manager
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who is eligible pursuant to the provisions of this ordinance. (8) The applicant is the spouse of a person ineligible for a license pursuant to the provisions of Subsections (2) or (5) of this section or who, in the judgment of the Council, is not the real party in interest or beneficial owner of the business
to be operated under the license.
(9) 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 are due, delinquent or unpaid. Subd. 2. Transient businesses prohibited. No license will be granted for any form of
transient business. A transient business means:
A. Any movable place of business; B. Any business conducted from a permanent structure for a period of less than 6 consecutive months in a year.
Subd. 3. Location Ineligible. No license will be approved unless the premises proposed to be licensed complies with all applicable zoning ordinances. Subd. 3. Mistakenly Issued License. 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. Subd. 4. Transfer. No license may be transferred without prior notice and approval by the City Council following a background investigation of the proposed
transferee. Transfers of a controlling interest in a business entity licensee shall also require notice, approval and a background check. Section 614.09: TESTING REQUIREMENTS. All testing must comply with the
requirements set forth in Minn. Stat. § 151.72, Subd. 4, as may be amended.
Section 614.10: LABELING REQUIREMENTS. All labeling must comply with the requirements set forth in Minn. Stat. § 151.72, Subd. 5, as may be amended. Section 614.11: 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;
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(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 tetrahydrocannabinol than permitted under state law.
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
tetrahydrocannabinol in a single serving than allowed by state law. Edible cannabinoid products must not contain more tetrahydrocannabinol per package than allowed by state. Law.
Section 614.12: PROHIBITED DISTRIBUTION PRACTICES Subd. 1. Samples Prohibited. No person shall distribute samples of any cannabinoid product free of charge or at a nominal cost. No person shall distribute cannabinoid products as a free donation.
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
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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. Section 614.13: 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 614.14: 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. Section 614.15: 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. Section 614.16: 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 614.17: 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 614.18: COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises must be open to inspections by law enforcement or other authorized city officials during regular business hours, for compliance with this Ordinance and such other Ordinances, rules, regulations, and laws relevant to the sale of cannabinoid products.
Section 614.19: 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 Council. If the City
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Council 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. At the time of the hearing, the licensee
may appear and present any evidence which is material to the investigation. The City Council will make and adopt 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. If the licensee has violated any of the provisions of this ordinance or State law,
the City Council may impose a civil fine, suspend or revoke the license. Subd. 4. Mandatory Revocation. The Council will revoke the license or licenses of any licensee under this ordinance if the licensee willfully violates any
provisions of this ordinance or Minnesota Statutes Chapter 151.
Section 614.20: 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 other statutory requirements of Minn. Stat. § 151.72, the City Council may impose a civil fine,
suspend or revoke the license in accordance with the City Fee schedule. 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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2023 Planning Submittal and Meeting Dates Phone 320-229-9425 Submittal Deadline Planning Commission By 12:00 pm
December 19 1/09/23 January 20 2/13/23 February 17 3/13/23
March 17 4/10/23 April 14 5/08/23
May 19 6/12/23 June 16 7/10/23 July 21 8/14/23
August 18 9/11/23 September 15 10/09/23
October 20 11/13/23 November 17 12/11/23 December 18 1/08/24
A complete application must be submitted by the deadlines indicated above. No exceptions! After Planning Commission, the Council acts on the application. Council meets on the 1st and 3rd Monday of the month.
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