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HomeMy WebLinkAboutOrd. 584 Amendment Title 3-9 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 584 THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 3: BUSINESS AND LICENSE REGULATIONS, CHAPTER 9: CANNABOID PRODUCTS AND CHAPTER 11 REGULATION OF ADULT-USE CANNABIS BUSINESS OPERATIONS SHALL BE REPEALED IN ITS ENTIRETY AND REPLACED AS FOLLOWS: TITLE 3 BUSINESS AND LICENSE REGULATIONS Subject Chapter LiquorControl ....................................................................... 1 3.2 Percent Malt Liquor....................................................1A Intoxicating Liquor........................................................... 1 B Outdoor Parties............................................................... 1 C Sale Of Tobacco Related Products.......................................2 Construction Activities ..........................................................3 Pawnbrokers, Secondhand Goods Dealers And Precious Metal Dealers......................................................4 Transient Merchants, Peddlers, Solicitors And Canvassers ........................................................................5 Massage Businesses And Services......................................6 Adult Use Businesses...........................................................7 Vehicle Sales Business ........................................................8 Cannabis And Lower-Potency Hemp Businesses Registration ..........................................................9 Administrative Hearings...................................................... 10 CHAPTER CANNABIS AND LOWER-POTENCY HEMP BUSINESSES REGISTRATION SECTION: 3-9-1: Purpose 3-9-2: Findings of City Council 3-9-3: Authority and Jurisdiction 3-9-4: Definitions 3-9-5: Limit of Privately Held Cannabis Retail Businesses Licensed in the City of Andover to Sell Adult-Use Cannabis Products 3-9-6: City of Andover Operated Cannabis Retail Businesses 3-9-7: City Cannabis Retail Business Registration Required 3-9-8: City Registration and Renewal Fees 3-9-9: Locations Ineligible For Adult-Use Cannabis Retail Registration 3-9-10: Restrictions 3-9-11: Compliance Checks 3-9-12: Sanctions For Violations 3-9-13: Penalty For Individuals 3-9-14: Severability 3-9-1: PURPOSE: The purpose of this Section is to implement the provisions of Minn. Stat. Ch. 342, which authorizes the City to protect the public health, safety, and welfare of Andover residents by requiring registration and regulations of cannabis retail businesses in accordance with Minnesota law. The City recognizes that the unregulated use of cannabis products and lower-potency hemp products poses risks to the health, safety, and welfare of its residents, particularly those under the age of 21. 3-9-2: FINDINGS OF CITY COUNCIL: The City Council makes the following findings regarding the need to regulate, register, and inspect business establishments that sell certain cannabis products: (1) The proposed provisions are appropriate and lawful land use regulations for the City of Andover. (2) The proposed provisions are in the public interest and for the public good and protect the public health, safety, and welfare of Andover residents. 3-9-3: AUTHORITY AND JURISDICTION: The Andover City Council has the authority to adopt this ordinance pursuant to: (1) Minn. Stats. §342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions on the time, place, and manner of the operation of a cannabis retail business, provided that such restrictions do not prohibit the establishment or operation of cannabis retail businesses. (2) Minn. Stats. §342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses. (3) Minn. Stats. §152.0263, subd.5, regarding the use of cannabis in public places. (4) Minn. Stats. §462.357, regarding the authority of a local authority to adopt zoning ordinances. 3-9-4: DEFINITIONS: Unless otherwise noted in this Section, words and phrases contained in Minn. Stats. §342.01 and the rules promulgated pursuant to any of these acts shall have the same meanings in this ordinance. ADULT-USE CANNABIS PRODUCT: A cannabis product that is approved for sale by the OCM or is substantially similar to a product approved by the OCM. Adult-Use Cannabis Product includes edible cannabis products but does not include Medical Cannabinoid Products or lower-potency hemp edibles. CANNABIS RETAIL BUSINESS: A business that is licensed or required to be licensed by the State of Minnesota as a cannabis retailer, cannabis mezzobusiness with retail operations endorsement, cannabis microbusiness with retail operations endorsement, or medical cannabis combination business operating a retail location, and lower-potency hemp edible retailers. CANNABIS RETAILER: Any person, partnership, firm, corporation, or association selling cannabis product to a consumer and not for the purpose of resale in any form. CITY: The City of Andover, Minnesota COMPLIANCE CHECK: The system used by the City to investigate and ensure that those authorized to sell products subject to licensing and registration are following and complying with the requirements of this Chapter and state law. Compliance checks involve the use of persons under the age of 21 who purchase or attempt to purchase such products. DAYCARE: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24- hour day. LOWER-POTENCY HEMP EDIBLE: As defined under Minn. Stats. §342.01, subd. 50. LOWER-POTENCY HEMP EDIBLE RETAILER: A hemp business, as defined by Minn. Stats. §342.01, subd. 34, that holds a valid lower-potency hemp edible retail license. OFFICE OF CANNABIS MANAGEMENT: The Minnesota Office of Cannabis Management, herein referred to as "OCM". PERSON: One or more natural persons; a partnership, including a limited partnership; a corporation, or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization. PLACE OF PUBLIC ACCOMMODATION: A business, refreshment, entertainment, recreation, or transportation facility of any kind, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. PRELIMINARY LICENSE APPROVAL: An OCM pre-approval for a Cannabis Retail Business License for applicants who qualify under Minn. Stats. §342.17. PUBLIC PLACE: A public park or trail, public recreation area, public street or sidewalk, any publicly owned property, any enclosed area used by the general public, including, but not limited to, theaters; restaurants; bars; food establishments and their decks; places licensed to sell intoxicating liquor, wine, or malt beverages; retail businesses; auditoriums; arenas; gyms; common areas of buildings; public shopping areas; and other places of public accommodation. A public place does not include the following: (a) A private residence, including the individual's curtilage or yard; (b) A private property, not generally accessible by the public, unless the individual is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or (c) On the premises of an establishment or event licensed to permit on-site consumption. RESIDENTIAL TREATMENT FACILITY: Defined under Minn. Stats. §245.462, subd. 23. RETAIL REGISTRATION: An approved registration issued by the City of Andover to a state-licensed Cannabis Retail Business. RETAIL SALE: Any transfer of goods for money, trade, barter, or other consideration for cannabis or lower-potency hemp edible products. SCHOOL: A public school as defined under Minn. Stats. §120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stats. §120A.24. SELF-SERVICE OR AUTOMATED SALE: Any sale, including online sales, of a cannabis product that is accessible to the public without the personal assistance of an employee of the licensed department. SMOKING: Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated product containing, made or derived from nicotine, lobelia, tobacco, cannabis, marijuana, hemp, or other plant, or any other substance, whether natural or synthetic that is intended for inhalation. Smoking also includes carrying or using an activated electronic delivery device. STATE LICENSE: An approved license issued by the OCM to a Cannabis Retail Business. 3-9-5: LIMIT OF PRIVATELY HELD CANNABIS RETAIL BUSINESSES LICENSED IN THE CITY OF ANDOVER TO SELL ADULT-USE CANNABIS PRODUCTS: (a) The number of licensed cannabis retail businesses in the City that may receive a retail registration to sell adult-use cannabis products is limited to one (1) private business for every 12,500 residents. (b) If Anoka County has the equivalent of one (1) active Cannabis Retail Business registration for every 12,500 residents in the County licensed to sell adult-use cannabis products, then the City shall not be required to register additional state-licensed private Cannabis Retail Businesses to sell adult-use cannabis products. 3-9-6: CITY OF ANDOVER OPERATED CANNABIS RETAIL BUSINESSES: The City of Andover may operate Cannabis Retail Businesses at the discretion of the Andover City Council. A City-operated Cannabis Retail Business selling adult-use cannabis products shall not be counted against the license limits under Section 3-9-5. 3-9-7: CITY CANNABIS RETAIL BUSINESS REGISTRATION REQUIRED: No person shall operate a Cannabis Retail Business or make any sale, without first being registered by the City pursuant to Minn. Stats. §342.22. (a) Application submittal. Registration shall be made by fully completing and submitting to the City the registration form provided by the City. The registration form shall contain the following information: (1) Full name and date of birth of the applicant; (2) Mailing address, email address, and telephone number for the applicant; (3) Legal name of the Cannabis Retail Business to be registered; (4) A copy of the Cannabis Retail Business' current license or license preapproval issued by OCM; (5) The address, full name of the property owner, and parcel ID of the property on which the Cannabis Retail Business is to operate; (6) Signature of the applicant or the authorized agent of the legal entity applicant; (7) If the applicant is a legal entity, the following information shall be provided for the person designated as the general or primary manager on site: the full name, date of birth, mailing address, contact telephone number, email address, and (8) Any additional information the City deems necessary. (b) Application approval. The registration shall not be approved or renewed if the applicant is unable to meet the requirements of this Section.A retail registration will be approved and in effect only so long as the following requirements are met: (1) The applicant holds a valid license or license preapproval issued by OCM to the Cannabis Retail Business; (2) The applicant paid the total sum of the initial registration fee and first year renewal fee as required in Section 3-9-8 of this City Code and in the amounts set forth in the City's official Fee Schedule; (3) If applicable, the Cannabis Retail Business is current on all property taxes and assessments for the property on which the business is located; (4) If the registration form is incomplete, the retail registration shall not be issued, and the City will provide the applicant notice of the deficiencies; and (5) Prior to issuance of a retail registration, the City and any other required or assigned City staff shall conduct a preliminary compliance check to ensure that the Cannabis Retail Business is compliant with the zoning code, building code, and performance standards for Cannabis Retail Businesses established in this Section and elsewhere in this City Code. Pursuant to Minn. Stats. §342.13, within 30 days of receiving a copy of a state license application from OCM, the City shall certify whether the applicant complies with City code. (c) Renewal of registration. A retail registration shall be renewed when OCM renews the license of the business, provided that the Cannabis Retail Business submits to the City a renewal registration form provided by the City, the information and documentation required by this Section for a new application, and payment of the applicable renewal Cannabis Retail Business registration fee established as part of the City's official Fee Schedule. (d) Change in location. If a state-licensed Cannabis Retail Business seeks to move to a new location within the City, it shall submit a new application for retail registration for the new location prior to the relocation. No additional registration fee or renewal fee shall be required for a change in location. (e) Registration is non-transferable. A retail registration issued under this Section shall not be transferred to another person or to a different Cannabis Retail Business. (f) Display of license and registration. Licenses issued by the OCM and retail registrations issued by the City shall be displayed in plain view for the public in the licensed premises. 3-9-8: CITY REGISTRATION AND RENEWAL FEES: No retail registration shall be approved or renewed under this Section until the applicable registration or renewal fee is paid in full. Fees shall be non- refundable upon payment and submission of a complete application for registration or renewal. Registration and renewal fees shall be as set forth in the City's official Fee Schedule adopted annually and amended from time to time. The initial and renewal registration fees shall be the maximum allowable as provided by Minn. Stats. §342.22, and all fees in all other respects shall comply with the requirements of state law. The City may charge a renewal fee for the registration starting at the second renewal, as established in the City's official Fee Schedule. 3-9-9: LOCATIONS INELIGIBLE FOR ADULT-USE CANNABIS RETAIL REGISTRATION: (a) No registration shall be granted to: (1) Any Cannabis Retail Business selling adult-use cannabis products that is not in full compliance with this Code, the City's zoning regulations and property maintenance code,the building code, the fire code, and all provisions of state and federal law; (2) A Cannabis Retail Business selling adult-use cannabis products seeking to operate within 1,000 feet of a school, or 500 feet of: (i) a day care; (ii) a residential treatment facility; (iii) an attraction within a public park that is regularly used by minors, including a playground, athletic field, tennis/pickleball courts, ice arena, or related, as officially mapped by the City and approved by the City Council; or (iv) another Cannabis Retail Business selling adult-use cannabis products. (b) The distance shall be measured in a straight line from the premises' lot line to the nearest point of the lot on which the school, daycare, residential treatment facility, public park, or other Cannabis Retail Business selling adult-use cannabis products is located. For Cannabis Retail Businesses selling adult-use cannabis products located in shopping centers or business developments, the distance shall be measured from the main entrance of the Cannabis Retail Business. (c) A location for which a state license and City registration was lawfully granted, and where a Cannabis Retail Business has been in continuous operation, is not subsequently ineligible for renewal by reason of proximity to a school, daycare, residential treatment facility, or an attraction within a public park that is regularly used by minors that moves in after the initial state license and City retail registration were issued. 3-9-10: RESTRICTIONS: (a) Hours of operation. Cannabis Retail Businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 8:00 a.m. and 10:00 p.m. Sunday through Saturday. (b) Age verification. No cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products shall be sold to any person under 21 years of age. Applicants shall verify by means of government-issued photographic identification, as required by Minn. Stats. §342.27, subd. 4, that a purchaser is at least 21 years of age.Applicants shall post signage advising of the minimum legal age for purchases. Notice of the legal sale age and verification requirement shall be posted prominently and in plain view. (c) Mobile sales and delivery. All retail sales of cannabis, lower-potency hemp edibles, and hemp-derived consumer products must be conducted within a building and within the licensed and registered premises. A licensed or registered Cannabis Retail Business must hold a cannabis delivery service license under Minn. Stats. §342.41 prior to conducting cannabis, lower-potency hemp edible, or hemp-derived consumer product delivery services in the City. (d) Zoning. The Cannabis Retail Business shall comply with all provisions of this Chapter and with zoning regulations in Title 12 of this City Code. The Cannabis Retail Business shall comply with all Minnesota laws and licensing conditions regulating Cannabis Retail Businesses. (e) Display and storage. The display and storage of cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products shall be in accordance with Minn. Stats. §342.27. (f) Self-service or automated sale. No person shall provide any cannabis product, lower-potency hemp edible, or hemp-derived product to any person by means of self-service or automated sale. All retail sales shall be done with the assistance of an employee. (g) Samples prohibited. No person shall distribute samples of any cannabis or lower-potency hemp edible product free of charge or at a nominal cost. 3-9-11: COMPLIANCE CHECKS: All Cannabis Retail Businesses licensed by OCM and registered by the City shall be open to inspection by the City during the regular business hours of the business. From time to time, but no less than once per calendar year, the City will conduct unannounced age verification compliance checks to ensure compliance with the provisions of Minn. Stats. §342 and this Chapter. All age verification compliance check failures will be reported to OCM. 3-9-12: SANCTIONS FOR VIOLATIONS: (a) Suspension of registration. A suspension of a retail registration issued under this Chapter shall take place in accordance with Minn. Stats. §342.22. The City may suspend a retail registration if it violates this Chapter or poses an immediate threat to the health or safety of the public. The City shall immediately notify the Cannabis Retail Business in writing of the grounds for the suspension. (1) Public hearing. Prior to suspension of a retail registration, the City shall provide written notice to the applicant and a public hearing before the City Council. The notice shall give at least eight calendar days' notice of the time and place of the hearing and shall state the nature of the charges against the applicant. (2) Reinstatement. The City may reinstate a retail registration if OCM determines the violation(s) have been resolved or if OCM revokes or suspends the state license for a period less than the suspension issued by the City Council. (b) Notification to OCM. The City shall immediately notify the OCM in writing of the grounds for the suspension. (c) Civil penalties. Subject to Minn. Stats. §342.22, subd. 5(e) the City may impose a civil penalty for a violation of this Chapter, not to exceed $2,000, as follows: (1) Any state-licensed Cannabis Retail Business that sells to a customer or patient without a valid retail registration shall incur a civil penalty of$2,000 for each violation. (2) For a first violation, other than sale without a retail registration, the fine as set forth in the City's official Fee Schedule; (3) For a second violation, other than sale without a retail registration, at the same location within five years of the first violation, the fine as set forth in the City's official Fee Schedule; (4) For a third violation, other than sale without a retail registration, at the same location within five years of the first violation, the City Council shall suspend the retail registration after a public hearing for a minimum of seven calendar days and impose a civil penalty set forth in the City's official Fee Schedule; and (5) For a fourth or subsequent violations at the same location within five years of the first violation, the City Council shall suspend a retail registration after a public hearing for 30 calendar days, unless OCM suspends the license for a longer period, impose a civil penalty as set forth in the City's official Fee Schedule for each additional violation, or impose any combination of these sanctions. 3-9-13: PENALTY FOR INDIVIDUALS: Any violation of the provisions of this Chapter or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Nothing in this Chapter shall be construed to limit the City's other available remedies for any violation of law, including, without limitation, criminal, civil, and injunctive relief. 3-9-14: SEVERABILITY: If any part, term, or provision of this Chapter is held by a court of competent jurisdiction to be invalid, preempted by state law, or unconstitutional, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this Chapter,which remaining portions shall continue in full force and effect. 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 16th day of December 2025. ATTEST: CITY OF ANDOVER: Mic elle Hartner, City Clerk /11amie Barthel, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 584 SUMMARY THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS CITY CODE TITLE 3: BUSINESS AND LICENSE REGULATIONS, CHAPTER 9: CANNABINOID PRODUCTS AND CHAPTER 11: REGULATION OF ADULT-USE CANNABIS BUSINESS OPERATIONS SHALL BE REPEALED IN ITS ENTIRETY AND REPLACED WITH TITLE 3, CHAPTER 9: CANNABIS AND LOWER-POTENCY HEMP BUSINESSES REGISTRATION 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 of Cannabis and Lower- Potency Hemp Businesses Registration 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 16th day of December 2025. ATTEST: CITY CIS is ��e.a�ftner City Clerk ie Barthel - Mayor