HomeMy WebLinkAboutOrdinance 614 - Cannabis and Hemp Business RegulationsCHAPTER VI GENERAL REGULATIONS
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ORDINANCE 614 CANNABIS AND HEMP BUSINESS REGULATIONS ...................... 614-0
Section 614.01: FINDINGS AND PURPOSE ................................................................ 614-1
Section 614.02: DEFINITIONS....................................................................................... 614-1
Section 614.03: CITY AS A CANNABIS RETAILER .................................................. 614-1
Section 614.04: PRE-LICENSE CERTIFICATION OF CANNABIS BUSINESSES ... 614-2
Section 614.05: RETAILER REGISTRATION .............................................................. 614-2
Section 614.06: REGISTRATION ENFORCEMENT .................................................... 614-4
Section 614.07: COMPLIANCE CHECKS ..................................................................... 614-5
Section 614.08: HOURS OF OPERATION .................................................................... 614-5
Section 614.09: CANNABIS BUSINESS COMPAINTS ............................................... 614-5
Section 614.10: TEMPORARY CANNABIS EVENTS ................................................. 614-5
Section 614.11: PENALTIES ADMINISTRATION AND ENFORCEMENT .............. 614-7
Section 614.12: SEVERABILITY ................................................................................... 614-7
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ORDINANCE 614 CANNABIS AND HEMP BUSINESS REGULATIONS
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:
a) Applicant. An entity with a license or endorsement issued by the OCM that is applying for
an initial registration or for registration renewal.
b) The Act. Minnesota Statutes, Chapter 342, as it may be amended from time to time.
c) Cannabis Business. Has the same meaning as defined in Minnesota Statutes, section
342.01.
d) Cannabis Retailer. A business with a cannabis retailer license or cannabis retail
endorsement from OCM.
e) Retailer. 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.
f) OCM. The Minnesota Office of Cannabis Management.
g) Potential Licensee. An entity that has not received a license from the OCM and is seeking
a pre-license certification.
h) Temporary Cannabis Event. 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
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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.
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
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materials in Subd. 4 of this section are received by the city and include all required
information and the required fees are 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 preliminary license approval from the OCM.
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.
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.
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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 or preliminary license approval 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
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
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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.
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.
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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
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
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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
that 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.
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.
Established 06/2025