Loading...
HomeMy WebLinkAboutOrd. 557 - Amendment 3-9CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 557 AN ORDINANCE AMENDMENT TO CITY CODE TITLE 3, CHAPTER 9: CANNABINOID PRODUCTS THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA, ORDAINS AS FOLLOWS: 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. 1. 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 cannabinold 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 GRe a school or five hundred (500) feet of a daycare within a commercial zone, residential treatment center, or within a public park that is regularly used b minors (including Play -ground or athletic fi �ld).mGine-Gf Tthe following shall guide locations: (1) Any school, park, GhuFGh with a daycare Gr Gh*!dGaFe 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 forthe school, park, Gh, irAh or daycare &ildrare 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 aRe theusand five hundred (4i.000 500) 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 G% thGusand five hundred (4-,GW ��00) feet. (3) Any alGehel OF GIFUg residential 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. 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 8th day of November, 2023. ATTEST: Wic Melle Ha� ner, City Clerl< CITY OF ANDOVER---) la —,Mayor "'q��kkE CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 557 SUMMARY AN ORDINANCE ORDAINING AN AMENDMENT TO CITY CODE TITLE 3, CHAPTER 9: CANNABINOID 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 amendment adjusts the City cannabinoid code related to location and proximity restrictions. GENERAL PROVISIONS AND 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 8" day of November 2023. ATTEST: CITY OF ANDOVER Micqelle Harmer, Deputy City Clerk Sheri BuWifarNfayor