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HomeMy WebLinkAboutOrd. 564 - Amemdment Title 3-9CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 564 AN ORDINANCE AMENDING 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: 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: 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 product in connection with food ingredients, and is not a drug. (Amended ord. 546, 2-7-23) EXCLUSIVE LIQUOR For the purposes of this Chapter, an "exclusive liquor STORE: store" is an establishment used exclusively for the sale of those items authorized in Minn. Stat. 340A.412, Subd. 14, with the exception of edible cannabinoid products not in a beverage form. 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 eXGIUGiV8 HqUOF StAM6 e residences. 3-9-3: RETAIL LICENSE: J. There shall be no more than three (3) licenses issued in any one (1) year. Licenses issued to exclusive liquor stores pursuant to Section 3-9-3 L shall not count as one of the three (3) available licenses. 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, with the exception of Exclusive Liquor Stores, no license shall be issued if the proposed location is within one thousand (1,000) feet of 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 by minors (including playground and athletic field). The following shall guide locations (Amended Ord. 557, 11/8/23): (1) Any school, park, daycare 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, park, or daycare establishment to the nearest external portion of the building in which the licensed Retail Establishment is proposed to be located. (Amended Ord. 557, 11/8/23) (2) Any 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. (Amended Ord. 557, 11/8/23; Amended Ord. 560, 5/7/24) L. Exclusive liquor stores may obtain a retail license limited to the sale of beverages containing a cannabinoid product. The sale of any edible cannabinoid product not in a beverage form or which is designed or intended to be eaten, shall be prohibited. No license shall be granted for any place located within three hundred feet (300') of any public or private school nor within three hundred feet (300') of any religious institution, the measurement being from building corner to building corner. This restriction shall not apply to religious institutions or schools located in the Limited Business, Neighborhood Business, Shopping Center, General Business or Industrial Zoning Districts. Adopted by the City Council of the City of Andover this 7th day of August. 2024. ATTEST: CITY OF ANDOVER: Michelle �Haner,City Clerk hen B it ayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 564 SUMMARY AN ORDINANCE AMENDING 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 Ordinance amendment defines and creates regulations for cannabinoid products in the City of Andover. 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 7' day of August 2024. ATTEST: IvlichIle Hamner, City Clerk