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HomeMy WebLinkAbout02.18.25 Work Session CITY OF ST. JOSEPH www.cityofstjoseph.com 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 St. Joseph City Council Work Session February 18, 2025 5:00 PM 1. Human Rights Forum Discussion 2. Retail Cannabis Ordinance Discussion 3. Adjourn Summary of the May Human Rights Forum Meeting hosted by the St. Cloud Area Human Rights Commission The St. Cloud Area Human Rights Commission hosted a forum in which they asked the St. Joseph community members what they liked about St. Joe, what needed improvement and what could be done to make things better. The community members present at the forum agreed that St. Joe is a vibrant community with many wonderful businesses and activities for all ages. Community members also agreed that there were things in St. Joe that could use improvement. There was general agreement that the community could continue to work toward being an inclusive and welcoming community for all people. There was general agreement that transportation between St. Joe and St. Cloud should be addressed. There was general agreement that there is a need for more affordable housing in St. Joe. Community members had a number of ideas for improvements that could be made and we would like the City of St. Joseph to consider these ideas and how the community could work to make these improvements happen. Ideas for the St. Joseph community: Have a more robust transportation system by working with the St. Cloud Metro Bus system. Improve City website by advertising the google translate feature and making it more apparent on the web page, especially for Spanish and Somali. Improve city accessibility for people with disabilities to more easily navigate in the City of St. Joe. Address safety issues outside of school locations like Kennedy. Consider implementing an Age Flourishing Taskforce for those 55+. Implement raised bed gardening with youth in the community. Have a list of volunteer ideas and places that community members can donate on the city website. DOCSOPEN\SA690\3\995028.v3-2/12/25 ORDINANCE 2025- _____________ AN ORDINANCE AMENDING ORDINANCE 06 OF THE CITY CODE BY ADDING A NEW SECTION 614 RELATED TO CANNABIS AND HEMP BUSINESS REGULATIONS New language is in red font The City of Saint Joseph, HEREBY ORDAINS that Ordinance 06 shall be amended by adding new Sections 614.01-614.12 as follows: Section 614.01: FINDINGS AND PURPOSE The City of St. Joseph makes the following legislative findings: The purpose of this ordinance is to protect the public health, safety, and welfare in the City by implementing regulations pursuant to Minnesota Statutes, chapter 342 related to cannabis and hemp businesses within the City. The City finds and concludes that these regulations are appropriate and lawful, that the proposed amendments will promote the community's interest in reasonable stability in the development and redevelopment of the City for now and in the future, and that the regulations are in the public interest and for the public good. Section 614.02: DEFINITIONS The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this ordinance, except where the context clearly indicates a different meaning: Applicant means an entity with a license or endorsement issued by the OCM that is applying for an initial registration or for registration renewal. The Act means Minnesota Statutes, Chapter 342, as it may be amended from time to time. Cannabis Business has the same meaning as defined in Minnesota Statutes, section 342.01. Cannabis Retailer means a business with a cannabis retailer license or cannabis retail endorsement from OCM. Retailer means every business that is licensed under the Act and required to register with the City under Minnesota Statutes, section 342.22. Including cannabis businesses and lower-potency hemp edible retailers. OCM means the Minnesota Office of Cannabis Management. Potential Licensee means an entity that has not received a license from the OCM and is seeking a pre-license certification. DOCSOPEN\SA690\3\995028.v3-2/12/25 2 DOCSOPEN\SA690\3\995028.v3-2/12/25 Temporary Cannabis Event means an event lasting no more than 4 days at which cannabis products, cannabis flower, lower-potency-hemp edibles, and hemp-derived consumer products may be sold and for which the organizer has a cannabis event organizer license issued by the OCM. Section 614.03: CITY AS A CANNABIS RETAILER The City of St. Joseph may establish, own, and operate one cannabis retail business. The municipal cannabis retail store shall not be included in any limitation of the number of registered cannabis retail businesses under Section 614.05, subd. 2. Section 614.04: PRE-LICENSE CERTIFICATION OF CANNABIS BUSINESSES Subd. 1. The City Administrator, or designee, is authorized to certify whether a proposed Cannabis Business complies with the City’s zoning ordinances, this Ordinance, and if applicable, with state fire code and building code pursuant to Minnesota Statutes, section 342.13. Subd. 2. Potential licensees are responsible for obtaining all necessary zoning approvals prior to the City receiving the request for certification from the OCM. If a potential licensee fails to obtain necessary zoning approvals prior to the City receiving a request for certification, the City will inform the OCM that the potential licensee does not meet zoning and land use laws. If, at the time the City receives a request for zoning certification, there are no further intended alterations to the building where the business is to be conducted, the City will also certify compliance with building and fire code regulations, provided that the potential licensee has obtained inspections prior to the City’s receipt of a request for certification from the OCM. Building and fire code inspections will be valid for 1 year from completion. Section 614.05: RETAILER REGISTRATION Subd. 1 Retail Registration Required. Before making retail sales to customers or patients, a Retailer must register with the City. Making retail sales to customers or patients without an active registration is prohibited. Subject to Minn. Stat. 342.22, subd. 5(e) the city may impose a civil penalty, as specified in the City’s Fee Schedule, for making a sale to a customer or patient without a valid registration from the City and a valid license from the OCM. Subd. 2. Cannabis Retail Registration Limits a. The City will issue one Cannabis Retail registration, except that the City is not required to issue any registrations if there is already one registration per 12,500 residents in Stearns County. b. The number of registrations in the County will be based on the number of registrations in the County on the day the application is received. c. If the number of registrations available decreases based on the County reaching the one per 12,500 threshold businesses with current registrations will be allowed to maintain and renew their registrations but no new registration will be issued. DOCSOPEN\SA690\3\995028.v3-2/12/25 3 DOCSOPEN\SA690\3\995028.v3-2/12/25 d. Registrations issued to businesses with a license preapproval will count toward the City’s registration limit. e. Businesses operating under a tribal compact entered into under Minnesota Statutes, section 3.9224 or 3.9228 and tribally issued licenses and registrations are counted towards the County registration total. Subd. 3 Processing Registrations. a. Applications will be processed on a first-come, first-served basis based on the City receiving a complete application. Applications will be considered complete when all materials in Subd. 4 of this section are received by the city and include all required information and the required fees received. b. The date a certification under 614.04 is issued will have no impact on the applicant’s registration processing. Subd. 4. Application. The applicant must submit a registration application or renewal form provided by the City. The form may be amended from time to time, but must include or be accompanied by: a. Name of the property owner b. Name of the applicant c. Applicant’s address, email address, and telephone number d. Address and parcel ID for the property for which the registration is sought e. Certification that the applicant complies with the requirements of this Ordinance f. Fee Required. At the time of initial application, and prior to the City’s consideration of any renewal application, each Retailer must pay, as established in the City’s fee schedule. g. Proof of taxes, assessments, utility charges or other financial claims of the city or the state are current. h. A copy of a valid state license or written notice of OCM license preapproval Subd. 5. Preliminary Compliance Check. Prior to issuing any retail registration, the City shall conduct a preliminary compliance check to ensure compliance with this Ordinance and any other regulations established pursuant to Minnesota Statutes, section 342.13. Subd. 6. Reasons for Denial. The City shall not issue a registration or renewal if any of the following conditions are true: a. The applicant has not submitted a complete application. b. The applicant does not comply with the requirements of this Ordinance. DOCSOPEN\SA690\3\995028.v3-2/12/25 4 DOCSOPEN\SA690\3\995028.v3-2/12/25 c. The applicant does not comply with applicable zoning and land use regulations. d. The applicant is found to not comply with the requirements of the Act or this Ordinance at the preliminary compliance check. e. The applicant or property owner is not current on all property taxes and assessments at the location where the retailer is located. f. The maximum number of registrations, pursuant to Subd. 2 of this Section, have been issued by the City or within the County. g. The applicant does not have a valid license from the OCM. Subd. 7. Issuing the Registration or Renewal. The City shall issue the registration or renewal if the Retailer meets the requirements of this article, including that none of the reasons for denial in Subd. 6 of this Section are true. Subd. 8. Nontransferable. A registration is not transferable to another person, entity, or location. Section 614.06: REGISTRATION ENFORCEMENT. Subd. 1. Generally. The City Council may suspend a registration under this Ordinance on a finding that the registered business has failed to comply with the requirements of this Ordinance or any applicable statute or regulation. Subd. 2. Notice and Right to Hearing. Prior to suspending any registration under this ordinance, the City shall provide the registered business with written notice of the alleged violations and inform the registered business of his or her right to a hearing on the alleged violation. a. Notice shall be delivered in person or by certified mail to the address of the registered business and shall inform the registered business of its right to a hearing. The notice will indicate that a response must be submitted within ten (10) business days of receipt of the notice, or the right to a hearing will be waived. b. The registered business will be given an opportunity for a hearing before the City Council before final action to suspend a registration. Provided, the registered business has submitted a written application for appeal within ten (10) business days after the notice was served. The City Council shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to suspend the registration only upon written findings. c. If no request for a hearing is received within ten (10) business days following the service of the notice, the matter shall be submitted to the City Council for action on the DOCSOPEN\SA690\3\995028.v3-2/12/25 5 DOCSOPEN\SA690\3\995028.v3-2/12/25 suspension of the registration. Subd. 3. Emergency. If, in the discretion of the City Administrator, or designee, a registered business poses an imminent threat to the health or safety of the public, the City Administrator may immediately suspend the registration and provide notice of the right to hold a subsequent hearing as prescribed in Subd. 2 of this section. Subd. 4. Reinstatement. The City may reinstate a registration if it determines that the violations have been resolved. The City shall reinstate a registration if the OCM determines the violations have been resolved. Section 614.07: COMPLIANCE CHECKS The City shall complete at minimum one compliance check per calendar year of every registered business to assess if the business meets age verification requirements, as required under the Act and any applicable cannabis or hemp regulations adopted by the city. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the City. Any failures under this section are a basis for enforcement action and must be reported to the OCM. Section 614.08: HOURS OF OPERATION. Cannabis Retailers may only make retail sales of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10:00am and 9:00pm. Section 614.09: CANNABIS BUSINESS COMPLAINTS The City Administrator is authorized to make complaints to the OCM related to cannabis businesses the City believes is in violation of the act or the administrative rules adopted pursuant thereto. The City Administrator is also authorized to file a complaint against a cannabis business that poses an immediate threat to the health or safety of the public and request immediate action by the OCM. Section 614.10: TEMPORARY CANNABIS EVENTS Subd. 1. Permit Required. A permit is required to be issued and approved by the City prior to holding a Temporary Cannabis Event held by a licensed Cannabis Event Organizer, as provided for in Minnesota Statutes, Chapter 342. DOCSOPEN\SA690\3\995028.v3-2/12/25 6 DOCSOPEN\SA690\3\995028.v3-2/12/25 Subd. 2. Registration & Application Procedure. A registration fee, as established in the City’s fee schedule, shall be charged to applicants for Temporary Cannabis Event permits. Subd. 3. Application Submittal & Review. An applicant must submit an application for city approval of a temporary cannabis event permit on a form provided by the city. The application may be amended from time to time but shall include or be accompanied by: a. Full name of the property owner and applicant; b. Address, email address, and telephone number of the applicant; c. the application fee established pursuant to the City’s fee schedule; d. a copy of the OCM cannabis event license application, submitted pursuant to Minn. Stat. 342.39 subd. 2. e. Proof of ownership of all property on which the event will be held or provide a notarized statement which documents that the applicant has permission to use such property for the purpose of holding the event. f. The application shall be signed or acknowledged by both the applicant and the property owner of record. g. The plans for providing necessary facilities for the public, including but not limited to: lavatory facilities, medical facilities, parking details, security plans, traffic control, map of the event including services, etc. h. Proof that the applicant is current on any taxes, assessments, or other financial claims of the City and proof that the premises has no delinquent or unpaid taxes, assessments, or other financial claims of the City. If the applicant or premises is delinquent or has unpaid taxes, assessments, or other financial claims of the City, the permit shall be denied. Subd. 4. The application shall be submitted to the city clerk, or other designee for review. The application will be considered complete when the application form is submitted with all of the required information included and application fee paid. If the submitted application is incomplete, the city clerk shall return the application to the applicant with the notice of deficiencies. Subd. 5. Once an application is considered complete, the city clerk or designee shall inform the applicant as such, process the application fees, and bring the application to the City Council for approval or denial. Subd. 6. The application fee shall be non-refundable once processed. Subd. 7. A request for a temporary cannabis event permit that meets the requirements of this Section, including the requirements in subd. 9, shall be approved. Subd. 8. A request for a temporary cannabis event that does not meet the requirements of this Section shall be denied. The City shall notify the applicant of the standards not met and basis for denial. Subd. 9. All temporary cannabis events must adhere to the following requirements as conditions of approval, and any other conditions reasonably imposed by the City: a. A designated city representative may inspect the temporary cannabis event site prior to the event to confirm compliance with the submitted plan. A designated city DOCSOPEN\SA690\3\995028.v3-2/12/25 7 DOCSOPEN\SA690\3\995028.v3-2/12/25 representative shall have access to the event site throughout the duration of the event to ensure compliance with the permit. b. Proof of a cannabis event organizer license issued by the Office of Cannabis Management must be submitted to the City prior to the event, and such license must be effective for the duration of the event. Revocation or suspension of the Cannabis Event Organizer license shall result in suspension or revocation of the city permit. c. Temporary cannabis events are prohibited on City property, except for any property they consists of a municipal cannabis store. d. Temporary cannabis event permits will not be approved for a location within a residential zoning district. e. Temporary cannabis events shall only be held between the hours of 10:00am and 9:00pm. f. No tobacco or alcohol shall be allowed at the event g. No camping is allowed h. Retailers shall remove the cannabis product each day after the close of the event i. No fires of any kind are permitted on the premises or facilities j. The event site shall be enclosed by a fence or barrier completely enclosing the event site. Temporary events shall have sufficient entrances and exits to allow easy movement into and out of the site and provide traffic control. k. Pursuant to Minnesota Statutes, section 342.40, subd. 8, the City prohibits on-site consumption of cannabis and hemp products. l. The site and facilities shall at all times be maintained in accordance with the permit provisions. Section 614.11: PENALTIES ADMINISTRATION AND ENFORCEMENT Any violation of the provisions of this Ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Each day each violation continues or exists, constitutes a separate offense. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance. Violations of this Chapter may also be addressed under Ordinance 104 – Administrative Offenses. Violation of this Ordinance shall be grounds for enforcement against any business license issued by the City of Saint Joseph. Commented [JS1]: Optional - these times can be set by the city. They are currently set at 10:00am-9:00pm to align with the proposed retail sales hours in 614.08. DOCSOPEN\SA690\3\995028.v3-2/12/25 8 DOCSOPEN\SA690\3\995028.v3-2/12/25 Section 614.12: SEVERABILITY If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. This ordinance becomes effective from and after its passage and publication. Passed by the City Council of St. Joseph, Minnesota this _______ of February, 2025. Adam Scepaniak, Mayor ATTEST David Murphy, City Administrator This amendment was published on , 2025.