HomeMy WebLinkAbout1706ORDINANCE NO. 1706
BEING AN ORDINANCE AMENDING CHAPTER 5 ARTICLE VII OF THE COLUMBIA HEIGHTS CITY CODE TO
ESTABLISH THE REGULATION AND REGISTRATION OFCANNABIS RELATED BUSINESSES
The City ofColumbia Heights does ordain:
Section 1
Chapter 5 of the Columbia Heights City Code is hereby amended to read as follows, to wit:
CHAPTER 5:COMMERCIAL LICENSING AND REGISTRATION
ARTICLE V||:CANNABIS BUSINESS REGISTRATION AND REGULATIONS
5.70lPURPOSE AND INTENT.
(A) The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342,
which authorizes the City of Columbia Heights (City) to protect the public health, safety, and welfare of
Columbia Heights residents by regulating cannabis businesses within the legal boundaries of the City. The
City nfColumbia Heights finds and concludes that the proposed provisions are appropriate and lawful
regulations for the City of Columbia Heights and that the proposed amendments will promote the
community's interest in reasonable stability for now and in the future, and that the proposed provisions
are inthe public interest and for the public good.
5.702AWTHOR|TY.
(A) The City of Columbia Heights has the authority to adopt this ordinance pursuant to:
(1) Minn. 5tat. 342.13(c), regarding the authority of a local unit of government to adopt reasonable
restrictions of the time, place, and manner of the operation of a cannabis business provided that such
restrictions do not prohibit the establishment or operation of cannabis businesses.
(Z)&q|nn. Stat. 342.22 regardingthe local registration and enforcement requirements of state -licensed
cannabis retail businesses and lower -potency hemp edible retail businesses.
5.703IEVEKAB|L|TY.
(A) 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.
5.704 DEFINITIONS.
Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules
promulgated pursuant toany ofthese acts, shall have the same meanings inthis ordinance.
Cannabis Cultivation. A cannabis business licensed to grow cannabis plants within the approved amount
ofspace from seed or immature plant to mature plant. harvest cannabis flower from mature plant,
package and label immature plants and seedlings and cannabis flower for sale to other cannabis
businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and
perform other actions approved by the office.
Cannabis Retail Businesses. Aretail location and the retail |oca1ion(s)ofomezzobuainesseswith aretail
operations endorsement, micnobusinessesm/kh a retail operations endorsement, medical combination
businesses operating a retail location, (and/excluding) lower -potency hemp edible retailers.
Cannabis Retailer. Any person, partnership, firm, corporation, or association, foreign or domestic, selling
cannabis product toaconsumer and not for the purpose ofresale inany form.
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
a24-hourday.
Lower -potency Hemp Edible. Aadefined under Minn. Stet.34l8lyubd.5O.
Office of Cannabis Management. Minnesota Office of Cannabis Management, referred to as "O[M" in
this ordinance.
Place mfPublic Accommodation. A business, accommodation, refreshment, entertainment, recreation, or
transportation facility ofany kind, whether licensed or not, whose goods, services, facilities, privileges,
advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
Preliminary License Approval. O[K4 pre -approval for a cannabis business license for applicants who
qualify under Minn. &tat. 342.17.
Public Place. A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general
public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals;
nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas ofrental apartment buildings,
and other places ofpublic accommodation.
Residential Treatment Facility. Asdefined under Minn. 5taLZ45.46Zsubd. 23.
Retail Registration. An approved registration issued by the (insert local here) to a state -licensed cannabis
retail business.
School. A public school as defined under Minn. Stat. 120A.05 or nonpublic school that must meet the
reporting requirements under Minn. Stat. 120A24.
State License. An approved license issued by the State of Minnesota's Office of Cannabis Management to
a cannabis retail business.
5.705REG|STRAT|ON.
(A) No individual or entity may operate a state -licensed cannabis retail business within The City of
Columbia Heights without first registering with the City,
(8)Phu/toissuance ofacannabis retail business registration, The City ufColumbia Heights shall conduct
a preliminary compliance check to ensure compliance with local ordinances. Pursuant toMinn. Sta .342,
within 30 days of receiving a copy of state license application from DCK8, The City of Columbia Heights
shall certify on a form provided 6yOCK8 whether proposed cannabis retail business complies with local
zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and
building code.
(C) The City of Columbia Heights shall limit the number of cannabis retail businesses to 2.
(D) No sale of licensed products may be made between 10:00 p.m. and 8:00 a.m. on the days of Monday
through Saturday, nor between 10:ODpm.Saturday and 1O:8Oam.unSunday.
5JO6APPLICATION PROCEDURE.
(A) Application. An applicant for a retail registration shall be made on aform provided by the City. The
application aha|l contain the full name of the applicant, applicant's date of birth, applicant's rosidential
and business addresses and telephone numbers, the name of the business for which the license is sought,
the name of the business's operator, and any additional information the City deems necessary. Upon
receipt of a completed application, the Clerk shall inform the applicant as much, and forward the
application to the Police Department for a background and record check prior to formal review by the City
Council. If the Clerk shall determine that an application is incomplete, the Clerk shall return the application
to the applicant with notice of the information necessary to make the application complete.
(B)The applicant shall include with the form�
(I)The application fee asrequired in57O8H;
(Z)Acopy ofavalid state license orwritten notice ofOCK4 |icensepreapprovai
(C) Action. The City Council may either approve or deny the registration, or it may delay action for such
reasonable period of time as necessary to complete any investigation of the application or the applicant
it deems necessary. If the City Council shall approve the registration, the Clerk shall issue the registration
to the applicant. If the City Council denies the registration, notice of the denial shall be given to the
applicant along with notice of the applicant's right to appeal the City Council's decision.
(D) Change in location, If a state -licensed cannabis retail business seeks to move to a new location still
within the legal boundaries of the City, it shall notify the City of Columbia Heights of the proposed
location change, and submit necessary information to meet all the criteria in this paragraph.
(E) The City of Columbia Heights shall renew an annual registration of a state -licensed cannabis retail
business at the same time OCM renews the cannabis retail business' license. A state -licensed cannabis
retail business shall apply to renew registration on a form established by the City. Acannabis retail
registration issued under this ordinance shall not betransferred.
(F) The application for renewal of a retail registration shall include, but is not limited to items identified
in section 5JO6Aufthis ordinance,
(G)The applicant shall include with the renewal form:
(1)The renewal fee asrequired \n5.7O6H;
(2)Acopy ofavalid state license orwritten notice ofUCMlicense renewal.
(H)Fees. Aregistration fee, as established )nthe City'ufee schedule, shall becharged toapplicants
depending onthe type of retail business license applied for. The initial registration fee shall include the
initial retail registration fee and the first annual renewal fee, also established in the City' fee schedule.
Any renewal retail registration fee imposed by the City shall be charged at the time of the second renewal
and each subsequent renewal thereafter. Amedical combination business operating an adult -use retail
location may only bechargedasingle registration fee, not toexceed the lesser ofasingle retail registration
fee, defined under this section, of the adult -use retail business. All registration fees shall be non-
refundable once processed.
(|) Basis for denial:
A state -licensed cannabis retail business application shall not be approved if the cannabis retail business
would exceed the maximum number ufregistered cannabis retail businesses permitted under Section
5,7O5[.
(1) Grounds for derryingthe issuance or renewal of a license underthis article includes but is not limited
to the following:
(a) The applicant is under the age of 21 years.
(b) The applicant, orany employee thereof, has been convicted within the past five years of any
violation of a federal, state, or local |am\ ordinance provision, or other regulation relating to licensed
products.
(c) The applicant has had a license to sell licensed products revoked within the preceding 12 months
ofthe date ofapplication.
(6)The applicant fails to provide any information required on the application, or provides false or
misleading information.
(e)The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation
from holding such e license.
(2)However, except asmay otherwise beprovided hylaw, the existence nfany particular ground for
denial does not obligate the City todeny the license.
(D) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that
the person was ineligible for the license under this article. The City will provide the license holder with
notice mfthe revocation, along with information onthe right toappeal.
5J07LOCAL GOVERNMENT 46ACANNABIS RETAILER.
(A) The City of Columbia Heights may establish, own, and operate one municipal cannabis retail business
subject to the restrictions in this chapter. The municipal cannabis retail store shall not be included in any
limitation of the number of registered cannabis retail businesses under Section 5705 C. The City of
Columbia Heights shall be subject tuall same rental license requirements and procedures applicable toall
other applicants,
57O8COMPLIANCE CHECKS AND INSPECTIONS.
(A) The City of Columbia Heights shall complete at minimum of one compliance check per calendar year
of every cannabis business to assess if the business meets age verification requirements, as required
under Minn. 5tat. 342.226ubd.4(b) and K4inn.Stat. 34224and this section. The City shall conduct at
minimum one unannounced age verification compliance check at least once per calendar year. 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 parent o/ 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 local unit ofgovernment. Any failures under this section must bereported tothe Office ofCannabis
Management.
5.709 TEMPORARY CANNABIS EVENTS.
(A)Permit Required. Noperson shall hold aTemporary Cannabis Event without first having received a
permit todouoprovided inthis chapter.
(B)App&z/tion Submittal & Review. Every application for a Temporary Cannabis Event Permit shall be
made on a form provided by the city, Said form shall include but is not limited to:
(1)Full name ofthe property owner and applicant;
(2) Address, email address, and telephone number of the property owner and the applicant.
([) The applicant shall include with the form:
(1)The application fee asestablished inthe City ofColumbia HeiQhta'feeschedu|e;
(2) A copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2;
(3)Acopy ofthe applicant's driver's license orqualifying state |.D.
(D) The application shall be submitted to the City or it's clerk for review, If the designee determines that
a submitted application is incomplete, they shall return the application to the applicant with the notice of
deficiencies.
(E) Once an application is considered complete, the designee shall inform the applicant as such, process
the application fees, and forward the application to the City Council for approval or denial. The application
fee shall benon-refundable once processed.
(F) The application for a permit for a Temporary Cannabis Event shall meet the following standards:
(1) No Temporary cannabis event shall be held on City owned property or public park within the City.
(2) Smoking or vaping of cannabis, or cannab|noid products, at a Temporary Cannabis Event is
prohibited.
(3) Temporary cannabis events shall only be held between the hours of 8:00 A.M. and 10:00 P.M.
(G) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall
be denied. The City of Columbia Heights shall notify the applicant of the standards not met and basis for
denial.
5.71OLOWER POTENCY HEMP EDIBLES REQUIREMENTS.
(A)Sale ufLow-Potency Hemp Edibles. The sale of Low -Potency Edibles is permitted within the City of
Columbia Heights, subject tothe conditions within this Section.
(C)AJ|loweppo1encyhempedibkeretaihersyhaUensunethataU|oweppotencyhempedibles other than
lower -potency hemp edibles that are intended to be consumed as o beverage, are displayed behind a
checkout counter where the public is not permitted or in a locked case. All lower -potency hernp edibles
that are not displayed must bestored inasecure area.
5J11PENAO7i
(A)Suspension ofRegistration. |naddition toany criminal penalties which may beimposed byacourt nf
law, the City Council may suspend a license for upto3Odays upon finding that the license holder orits
employee has failed to comply with statute or that the operation of the business poses an immediate
threatto the health or safety of the public. Upon suspension the City shall immediately notifythe cannabis
retail business |nwriting the grounds for the suspension.
(1) Upon notice of suspension the City of Columbia Heights shall immediately notify the OCM in writing
the grounds for the suspension. O[M will provide the City and cannabis business retailer a response to
the complaint within seven calendar days and perform any necessary inspections within 30 calendar days.
(3) The City of Columbia Heights may reinstate a registration if it determines that the violations have
been resolved.
(3) The City of Columbia Heights shall reinstate a registration if OCM determines that the violation(s)
have been resolved.
(B)Subject to Minn. Stat. 34222, subd. S(e)the City ofColumbia Heights may impose o civil penalty, as
specified in the City's Fee Schedule, for registration and related code violations, not to exceed $2,000.
ARTICLE 4AV|||: C0K4PL|EN[E
5 :7015.001VIOLATIONS
(A) Any person, firm, or corporation who violates or refuses to comply with any of the provisions of this
chapter; engages in or operates any business in violation of the provisions of this chapter; engages in or
violates the restrictions imposed upon any licensee under this chapter; engages in, participates in, or
operates any of the businesses described in this chapter without having first obtained a license therefor;
or engages in, participates in, or operates any of the businesses described in this chapter after a license
therefor has expired, upon conviction thereof, shall be punished as provided in § 1.999. Each day that a
violation exists shall constitute aseparate offense.
(B) Any person, firm, or corporation who provides false information, makes a material
misrepresentation, orfails to disclose material information underthe provisions of § 5.101(B) of this code,
upon conviction thereof, shall bepunished asprovided in§1.99Q.
([) Any person, firm, or corporation who shall take, collect, or scavenge recyclable material set out for
the authorized collection program within the city, without having first been licensed hereunder to do so,
upon conviction thereof, shall bepunished asprovided by§l.Q99.
(`77Code, §S�801)(Am.Ord. 11O2,passed 3-Z7f39)
This ordinance shall be in full force and effective from and after 30 days after its passage.
First Reading: September 23, 2024
Offered by: Buesgens
Seconded by: Spriggs
Roll Call: All Ayes
Second Reading: October 14, 2024
Offered by: Jacobs
Seconded by: James
Roll Call: All Ayes
Date of Passage: October 14, 2024
4r n
Amdaarquez Simula, Mayor
Attest:
Sara Ion, City Clerk/Council Secretary
SUMMARY OF ORDINANCE NO. 1706
BEING AN ORDINANCE AMENDING CHAPTER 5 ARTICLE VII OF THE COLUMBIA HEIGHTS CITY CODE TO
ESTABLISH THE REGULATION AND REGISTRATION OF CANNABIS RELATED BUSINESSES
The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1706 on October 14,
2024.
The purpose of this ordinance is to amend, upon passage, Chapter 5 Commercial Licensing Code of Columbia
Heights City Code — Article VII: Cannabis Business Registration and Regulation, and Article Vill: Compliance.
These amendments include the establishment of the regulations regarding cannabis business registration.
Alongside various cannabis business and event regulations.
This is a summary of Ordinance No. 1706. A copy of the entire text of the Ordinance is available for public
inspection during regular office hours at City Hall, by standard or electronic mail, or at
www.columbiaheiRhtsmn.aov
AMPda Mar uez Simul ayor
Attest:
/Z
Ion, City Clerk/Council Secretary
Ordinance No.1706
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF ANOKA
I do solemly swear that the notice, as per the
proof, was published in the edition of the
BSLP Col Hght Frid Life
with the known office of issue being located
in the county of:
ANOKA
with additional circulation in the counties of:
RAMSEY
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/18/2024 and the last
insertion being on 10/18/2024.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter countv.
By I/
Designated A ent
Subscribed and sworn to or affirmed before
me on 10/18/2024
Notary Public
D rlene PoariE MacPherson t
Notary Fu�Bic
10inneSt7i`3
�Iv Cotnmisdon Upires ,lan. 31, 2029
.�•=�'4.w=..,a.;v^-'°;�i��v�, man -vie �i�
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
CITY OF
COLUMBIA HEIGHTS
SUMMARY OF
ORDINANCE NO. 1706
BEING AN ORDINANCE
AMENDING CHAPTER
5 ARTICLE VII OF THE
COLUMBIA HEIGHTS
CITY CODE TO
ESTABLISH THE
REGULATION AND
REGISTRATION OF
CANNABIS RELATED
BUSINESSES
The City Council for the City of
Columbia Heights, Minnesota ad-
opted Ordinance No. 1706 on Oc-
tober 14, 2024.
The purpose of this ordinance is
to amend, upon passage, Chapter
5 Commercial Licensing Code of
Columbia Heights City Code — Ar-
ticle VII: Cannabis Business Regis-
tration and Regulation, and Article
Vill: Compliance. These amend-
ments include the establishment of
the regulations regarding cannabis
business registration. Alongside
various cannabis business and
event regulations.
This is a summary of Ordinance
No. 1706. A copy of the entire text
of the Ordinance is available for
public inspection during regular
office hours at City Hall, by stan-
dard or electronic mail, or at www.
columbiaheightsmn gov
Amada Marquez Simula, Mayor
Attest:
Sara Ion, City Clerk/Council
Secretary
Published in
The Life
October 18, 2024
1427780
Ad ID 1427780