HomeMy WebLinkAboutOrd. 542 - Title 3, Chapter 9CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 542
AN ORDINANCE ADDING TITLE 3, CHAPTER 9, OF THE CITY CODE
RELATING TO AND REGULATING CANNABINOID PRODUCTS IN THE CITY OF
ANDOVER
THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA, ORDAINS AS
FOLLOWS:
NOW .- : •j
CANNABINOID PRODUCTS
SECTION:
3-9-1:
Findings and Purpose
3-9-2:
Definitions
3-9-3:
Retail License
3-9-4:
Responsibility of Licensee
3-9-5:
Sales of Cannabinoids Derived from Hemp
3-9-6:
Testing Requirements
3-9-7:
Labeling Requirements
3-9-8:
Additional Requirements for Edible Cannabinoid Products
3-9-9:
Prohibited Sales
3-9-10:
Adulterated or Misbranded Products
3-9-11:
Signage
3-9-12:
Age Verification
3-9-13:
Hours of Sales
3-9-14:
Compliance Checks and Inspections
3-9-15:
Underage Persons
3-9-16:
Penalties; Revocation or Suspension of License
3-9-1: FINDINGS AND PURPOSE: The City Council makes the following
findings regarding the need to regulate, license, and inspect establishments that
sell certain cannabinoid products and regulate possession of cannabinoid products
by minors:
A. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota
Legislature amended Minn. Stat. § 151.72 to allow for the sale of
certain cannabinoid products.
B. This new law does not prohibit municipalities from licensing the sale of
cannabinoid products derived from hemp locally.
C. The Minnesota Legislature recognized the danger of cannabis use
among youth by prohibiting the sale of any product containing
cannabinoid or tetrahydrocannabinol (THC) extracted or otherwise
derived from hemp to those under the age of 21 and requiring that
edible cannabinoid products be packaged without appeal to children
and in child -resistant packaging or containers.
D. Due to the passage of this new law by the Minnesota Legislature, the
City Council believes the following rules, regulations, and standards
for licensing the sale of cannabinoid products, and possession of
cannabinoid products by minors, are necessary to promote and protect
the public health, safety, and general welfare of the residents of
Andover.
The purpose of this ordinance is to establish licensing, sale and possession
regulations for the sale and possession of cannabinoid products derived from
hemp as provided in Minn. Stat. § 151.72.
3-9-2: DEFINITIONS: The following words and terms, when used in this chapter,
shall have the following meanings unless the context clearly indicates otherwise:
ITM7:►•1
PRODUCT: Any product containing nonintoxicating cannabinoids
extracted from hemp, including an edible
cannabinoid product, that is sold for human or
animal consumption.
CERTIFIED HEMP: The definition for the same provided in Minn. Stat. §
151.72, Subd. 1(b), as may be amended.
CITY: The City of Andover, Minnesota.
COMPLIANCE CHECK: The system the City uses to investigate and ensure
that those authorized to sell cannabinoid products
are following and complying with the requirements of
this ordinance and state laws. Compliance checks
involve the use of compliance check minors, as
authorized by this Chapter, 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.
COMPLIANCE CHECK
MINORS: Any person at least 17 years of age, but under the
age of 21 years.
DELIVERY SALE: The sale of any cannabinoid products to any person for
personal consumption and not for resale when the sale
is conducted by any means other than an in -person,
over-the-counter sales transaction in a licensed Retail
Establishment. Delivery sale includes, but is not limited
to, the sale of any cannabinoid products when the sale
is conducted by telephone, other voice transmission,
mail, the internet, or app-based service. Delivery sale
includes delivery by licensees or third parties by any
means, including curbside pick-up.
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.
HEMP OR INDUSTRIAL
HEMP: The definition for the same provided in Minn. Stat. §
18K.02, Subd. 3, as may be amended.
LABEL: The definition for the same provided in Minn. Stat. §
151.01, Subd. 18, as may be amended.
LABELING: The definition for the same provided in Minn. Stat. §
151.72, Subd. 1(f), as may be amended.
LICENSE: A retail license issued by the City of Andover,
authorizing the holder to sell cannabinoid products.
MATRIX BARCODE: The definition for the same provided in Minn. Stat. §
151.72, Subd. 1(g), as may be amended.
MINOR: Any person under the age of 21 years.
MOVEABLE PLACE OF
BUSINESS: Any form of business that is operated out of a kiosk,
truck, van, automobile or other type of vehicle or
transportable shelter and that is not a fixed address or
other permanent type of structure licensed for over-
the-counter sales transactions.
NON -INTOXICATING
CANNABINOID: Substances extracted from certified hemp plants
that do not produce intoxicating effects when
consumed by any route of administration.
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.
RETAIL
ESTABLISHMENT: Any fixed place of business where cannabinoid
products may be available for sale to the general
public after obtaining a license from the City. For the
purposes of this Chapter. Retail Establishments shall
be limited to those establishments only open to
customers 21 years of age and older. Retail
Establishment for purposes of this ordinance does not
include exclusive liquor stores or residences.
SALE: Any transfer of goods for money, trade, barter, or
other consideration.
SELF-SERVICE
DISPLAYS: Open displays of cannabinoid products in any
manner where any person shall have access to the
cannabinoid products without the assistance or
intervention of the licensee or the licensee's
employee.
VENDING MACHINE: Any mechanical, electrical, or electronic or other type
of device which dispenses cannabinoid products upon
the insertion of money, tokens, or other form of
payment directly into the machine by the person
seeking to purchase cannabinoid products.
3-9-3: RETAIL LICENSE:
A. No person shall directly or indirectly keep for retail sale or sell at retail
any cannabinoid product in the City unless a license therefore shall
first have been obtained.
B. Only Retail Establishments, as identified in this Chapter, shall be
eligible to receive a license.
C. An application for a license to sell 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 telephone numbers, the name of the business for
which the license is sought, the location of the building and the part
intended to be used by the applicant under such license, the kind or
nature of business, and any additional information the City deems
necessary. Upon the filing of such application with the City Clerk, and
investigation as the City deems necessary, it shall be presented to
the City Council for consideration, and if granted by the City Council,
a license shall be issued by the City Clerk upon payment of the
required fee.
D. The fees for licenses under this Chapter shall be determined by the
City Council. Each such license shall expire on December 31 of each
year. Licenses shall not be transferable from one person or entity to
another, nor shall they be transferable from one premises to another
premises.
E. Every license issued under this Chapter shall be kept conspicuously
posted about the place for which the license is issued and shall be
exhibited to any person upon request.
F. The renewal of a license issued under this Chapter shall be made in
the same manner as the original application. The request for a
renewal shall be made at least 30 days but no more than 60 days
before the expiration of the current license.
G. No license will be approved unless the premises proposed to be
licensed complies with all applicable zoning requirements.
H. 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.
The following shall be grounds for denying the issuance or renewal
of a license under this Chapter:
(1) The applicant is under the age of 21 years;
(2) The applicant has been convicted within the past five years of
any violation of a federal, state, or local law, ordinance
provision, or other regulation relating to cannabinoid products;
(3) The applicant has had a license to sell cannabinoid products
suspended or revoked within the preceding 24 months of the
date of application;
(4) The applicant fails to provide any information required on the
application, or provides false or misleading information;
(5) The applicant is prohibited by federal, state, or other local law,
ordinance, or regulation from holding such a license;
(6) The business for which the license is requested is a moveable
place of business. Only fixed -location Retail Establishments
that are not excluded under the definition for Retail
Establishments in this ordinance are eligible to be licensed.
(7) The applicant has failed to pay any required application or
licensing fees to the City.
J. There shall be no more than three (3) licenses issued in any one (1)
year. Retail Establishments renewing a current license shall have
priority over new Retail Establishments requesting a new license
provided:
(1) The renewing Retail Establishment complies with the
requirements for renewal under this Chapter; and
(2) There have been no violations under this Chapter by the
renewing Retail Establishment.
K. Location and Proximity restrictions. No license shall be issued to any
Retail Establishment located within a residential zone district.
Additionally, no license shall be issued if the proposed location is
within one thousand (1,000) feet of one or more of the following
locations:
(1) Any school, church with a daycare or childcare establishment
located within a commercial zone, with the distance computed
by direct measurement in a straight line from the nearest legal
parcel line of the land used for the school, church or childcare
establishment to the nearest external portion of the building in
which the licensed Retail Establishment is proposed to be
located.
(2) Any other Retail Establishment licensed pursuant to this
Chapter, with the distance computed by direct measurement in
a straight line from the nearest external portion of the building
in which one (1) Retail Establishment is located to the nearest
external portion of the building in which the other Retail
Establishment is proposed to be located. In the event that the
City receives two (2) or more applications for a license with
proposed locations within one thousand (1,000) feet of each
other, the City shall act upon only the first complete application
received and shall not issue a license to subsequent
applications proposing to be located within one thousand
(1,000) feet.
(3) Any alcohol or drug treatment facility, with the distance
computed by direct measurement in a straight line from the
nearest external portion of the building in which the alcohol or
drug treatment facility is located to the nearest external portion
of the building where the Retail Establishment is proposed to be
located.
3-9-4: RESPONSIBILITY OF LICENSEE: All licensees under this Chapter
shall be responsible for the actions of their employees in regard to the sale of
cannabinoid products on the licensed premises, and the sale of such item by an
employee shall be considered a sale by the license holder. All licensees shall
comply with the provisions of this Chapter and all state and federal laws and
regulations.
3-9-5: SALES OF CANNABINOIDS DERIVED FROM HEMP: In
accordance with Minn. Stat. § 151.72, Subd.3, as may be amended:
A. A product containing nonintoxicating cannabinoids, including an
edible cannabinoid product, may be sold for human or animal
consumption only if all of the requirements of this section are met,
provided that a product sold for human or animal consumption does
not contain more than 0.3 percent of any tetrahydrocannabinol and an
edible cannabinoid product does not contain more than five milligrams
of any tetrahydrocannabinol in a single serving, or more than a total
of 50 milligrams of any tetrahydrocannabinol per package.
B. 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.
C. 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.
D. Products that meet the requirements of this section are not controlled
substances under Minn. Stat.§ 152.02.
3-9-6: TESTING REQUIREMENTS: All testing must comply with the
requirements set forth in Minn. Stat. § 151.72, Subd. 4, as may be amended.
3-9-7: LABELING REQUIREMENTS: All labeling must comply with the
requirements set forth in Minn. Stat. § 151.72, Subd. 5, as may be amended.
3-9-8: ADDITIONAL REQUIREMENTS FOR EDIBLE CANNABINOID
PRODUCTS: In accordance with Minn. Stat. § 151.72, Subd. 5a, as may be
amended:
A. An edible cannabinoid product must not:
(1) Bear the likeness or contain cartoon -like characteristics of a
real or fictional person, animal, or fruit that appeals to
children;
(2) Be modeled after a brand of products primarily consumed by
or marketed to children;
(3) Be made by applying an extracted or concentrated hemp -
derived cannabinoid to a commercially available candy or
snack food item;
(4) Contain an ingredient, other than a hemp -derived cannabinoid,
that is not approved by the United States Food and Drug
Administration for use in food;
(5) Be packaged in a way that resembles the trademarked,
characteristic, or product -specialized packaging of any
commercially available food product; or
(6) Be packaged in a container that includes a statement,
artwork, or design that could reasonably mislead any person
to believe that the package contains anything other than an
edible cannabinoid product.
B. An edible cannabinoid product must be prepackaged in packaging or
a container that is child -resistant, tamper -evident, and opaque or
placed in packaging or a container that is child -resistant, tamper -
evident, and opaque at the final point of sale to a customer. The
requirement that packaging be child -resistant does not apply to an
edible cannabinoid product that is intended to be consumed as a
beverage and which contains no more than a trace amount of any
tetrahydrocannabinol.
C. 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.
D. 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."
E. An edible cannabinoid product must not contain more than five
milligrams of any tetrahydrocannabinol in a single serving, or more
than a total of 50 milligrams of any tetrahydrocannabinol per
package.
3-9-9: PROHIBITED SALES:
A. Samples Prohibited. Sampling of cannabinoid products within any
Retail Establishment licensed under this ordinance is prohibited. No
person shall distribute samples of any cannabinoid products free of
charge or at a nominal cost. The distribution of cannabinoid products
as a free donation is prohibited.
B. Coupon and Price Promotion. No person shall accept or redeem
any coupon, price promotion, or other instrument or mechanism,
whether in paper, digital, electronic, mobile, or any other form, that
provides any cannabinoid products to a consumer at no cost or at a
price that is less than the non -discounted, standard price listed by a
retailer on the item or on any related shelving, posting, advertising, or
display at the location where the item is sold or offered for sale,
including all applicable taxes.
C. Prohibition Against Retail Sales of Cannabinoid Products by
Vending Machines. No person will sell or dispense cannabinoid
products through use of a vending machine.
D. Delivery Sales. All sales of cannabinoid products must be conducted
in person, in a licensed Retail Establishment under this ordinance, in
over-the-counter sales transactions.
3-9-10: 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.
3-9-11: SIGNAGE: At each location where cannabinoid products are sold,
the licensee shall display a sign in plain view to provide public notice that selling
any of these products to any person under the age of 21 is illegal and subject to
penalties. The notice shall be placed in a conspicuous location in the licensed
establishment and shall be readily visible to any person who is purchasing or
attempting to purchase these products. The sign shall provide notice that all
persons responsible for selling these products must verify, by means of
photographic identification containing the bearer's date of birth, the age of any
person under 30 years of age.
3-9-12: AGE VERIFICATION: At each location where edible cannabinoid
products are sold, the licensee shall verify, by means of government -issued
photographic identification containing the bearer's date of birth, that the
purchaser or person attempting to make the purchase is at least 21 years of age.
Verification is not required if the purchaser or person attempting to make the
purchase is 30 years of age or older. It shall not constitute a defense to a
violation of this Section that the person appeared to be 30 years of age or older.
3-9-13: 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.
3-9-14: COMPLIANCE CHECKS AND INSPECTIONS: All licensed
premises shall be open to inspection by the City police or other authorized City
official during regular business hours. From time to time, but at least once per
year, the City shall conduct compliance checks by engaging, with the written
consent of their parents or guardians, compliance check minors to enter the
licensed premise to attempt to purchase cannabinoid products. Compliance
check minors used for the purpose of compliance checks shall he supervised
by City law enforcement officers. Compliance check minors used for
compliance checks shall not be guilty of unlawful possession of cannabinoid
products when such items are obtained as a part of the compliance check. No
compliance check minor used in compliance checks shall attempt to use a false
identification misrepresenting the minor's age, and all compliance check minors
lawfully engaged in a compliance check shall answer all questions about the
minor's age asked by the licensee or his/her employee and shall produce any
identification, if any exists, for which he/she is asked. Nothing in this section
shall prohibit compliance checks authorized by state or federal laws for
educational, research, or training purposes, or required for the enforcement of
a particular state or federal law or regulation.
3-9-15: UNDERAGE PERSONS:
A. Illegal sales. It shall be a violation of this Chapter for any person to
sell or otherwise provide any cannabinoid products to any minor.
B. Illegal possession. It shall be a violation of this Chapter for any minor
to have in his/her possession any cannabinoid product. This subdivision
shall not apply to compliance check minors lawfully involved in a
compliance check.
C. Illegal procurement. It shall be a violation of this Chapter for any
minor to purchase or attempt to purchase or otherwise obtain any
cannabinoid product, and it shall be a violation of this ordinance for any
person to purchase or otherwise obtain such items on behalf of a minor. It
shall further be a violation for any person to coerce or attempt to coerce a
minor to illegally purchase or otherwise obtain or use any cannabinoid
product. This subdivision shall not apply to compliance check minors
lawfully involved in a compliance check.
D. Use of false identification. It shall be a violation of this Chapter for
any minor to attempt to disguise his/her true age by the use of a false form
of identification, whether the identification is that of another person or one
on which the age of the person has been modified or tampered with to
represent an age older than the actual age of the person.
3-9-16: PENALTIES; REVOCATION OR SUSPENSION OF LICENSE: A
violation of any provision of this Chapter shall constitute a misdemeanor, unless
otherwise specified by other federal or state laws or regulations. A violation of
any provision of this Chapter shall be cause for consideration of immediate
revocation or suspension of the license by the City Council. Any fee paid to the
City for a license shall be forfeited upon revocation or suspension of the
license.
All other Titles, Chapters and Sections of the City Code shall remain as written
and adopted by the Andover City Council.
Adopted by the City Council of the City of Andover this 20th day of September,
2022.
ATTEST:
Mic elle Hartner, City Clerk
CITT• �i•,;�-
AM- .
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 542 SUMMARY
AN ORDINANCE ORDAINING CITY CODE TITLE 3, CHAPTER 9: CANNAEINOID PRODUCTS
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota
Statute 412.
Policy
The purpose of the Ordinance is to protect the public health, safety, morals and welfare of residents of the City
of Andover. The Ordinance defines and creates regulations for cannabinoid products in the City of Andover.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be
liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this 20' day of September 2022.
ATTEST: ( CITY OF ANDOVER
Mic elle Harmer, Deputy City Clerk Sheri Euls1 ' a, May