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The city makes the following legislative findings:
(A) The purpose of this chapter is to implement the provisions of M.S. Ch. 342, which authorizes the city to protect the public health, safety, welfare of the city’s residents by regulating cannabis businesses within the legal boundaries of the city.
(B) The city finds and concludes that the proposed provisions are appropriate and lawful land use regulations for Battle Lake, that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.
(Ord. 2024-01, passed 12-10-2024)
The city has the authority to adopt this chapter pursuant to:
(A) M.S. § 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.
(B) M.S. § 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.
(C) M.S. § 152.0263, subd. 5, regarding the use of cannabis in public places.
(D) M.S. § 462.357, regarding the authority of a local authority to adopt zoning ordinances.
(E) This chapter shall be applicable to the legal boundaries of the city.
(Ord. 2024-01, passed 12-10-2024)
The City Clerk/Treasurer and Police Chief or their designee are responsible for the administration and enforcement of this chapter. 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. Violations of this chapter can occur regardless of whether or not a permit is required for a regulated activity listed in this chapter.
(Ord. 2024-01, passed 12-10-2024)
Unless otherwise noted in this section, words and phrases contained in M.S. § 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this chapter.
CANNABIS CULTIVATION. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plants, 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. A retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, including lower-potency hemp edible retailers.
CANNABIS RETAILER. Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any 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 a 24-hour day.
LOWER-POTENCY HEMP EDIBLE. As defined under M.S. § 342.01, subd. 50.
OFFICE OF CANNABIS MANAGEMENT. Minnesota Office of Cannabis Management, referred to as "OCM" in this chapter.
PLACE OF PUBLIC ACCOMMODATION. A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any 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. OCM pre-approval for a cannabis business license for applicants who qualify under M.S. § 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 of rental apartment buildings, and other places of public accommodation.
RESIDENTIAL TREATMENT FACILITY. As defined under M.S. § 245.462, subd. 23.
RETAIL REGISTRATION. An approved registration issued by the city to a state-licensed cannabis retail business.
SCHOOL. A public school as defined under M.S. § 120A.05 or a nonpublic school that must meet the reporting requirements under M.S. § 120A.24.
STATE LICENSE. An approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business.
(Ord. 2024-01, passed 12-10-2024)
REGISTRATION OF CANNABIS BUSINESSES
(A) No individual or entity may operate a state-licensed cannabis retail business within the city without first registering with the City Clerk's office.
(B) Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty of $2,000 for each violation.
(Ord. 2024-01, passed 12-10-2024)
(A) Prior to issuance of a cannabis retail business registration, the city shall conduct a preliminary compliance check to ensure compliance with local ordinances.
(B) Pursuant to M.S. Ch. 342, within 30 days of receiving a copy of a state license application from OCM the city shall certify on a form provided by OCM whether a 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.
(Ord. 2024-01, passed 12-10-2024)
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