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§ 115.04 DEFINITIONS.
   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
§ 115.20 CONSENT TO REGISTERING 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)
§ 115.21 COMPLIANCE CHECKS PRIOR TO RETAIL REGISTRATION.
   (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)
§ 115.22 REGISTRATION AND APPLICATION PROCEDURE.
   (A)   Fees.
      (1)   The city shall charge an application fee.
      (2)   A registration fee, as established in the city fee schedule, shall be charged to applicants depending on the type of retail business license applied for.
      (3)   An initial retail registration fee shall not exceed $500 or half the amount of an initial state license fee under M.S. § 342.11, whichever is less. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee.
      (4)   Any renewal retail registration fee imposed by the city shall be charged at the time of the second renewal and each subsequent renewal thereafter.
      (5)   A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal state license fee under M.S. § 342.11, whichever is less.
      (6)   A medical combination business operating an adult-use retail location may only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, defined under this section, of the adult-use retail business.
   (B)   Application submittal. The city shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of M.S. § 342.22.
      (1)   An applicant for a retail registration shall fill out an application form, as provided by the city. Said form shall include, but is not limited to:
         (a)   Full name of the property owner and applicant;
         (b)   Address, email address, and telephone number of the applicant;
         (c)   The address and parcel ID for the property which the retail registration is sought; and
         (d)   Certification that the applicant complies with the requirements of local ordinances established pursuant to M.S. § 342.13.
      (2)   The applicant shall include with the form:
         (a)   The application fee as required in the city's fee schedule;
         (b)   A copy of a valid state license or written notice of OCM license preapproval; and
         (c)   A complete background check.
      (3)   Once an application is considered complete, the City Clerk shall inform the applicant as such, process the application fees, and forward the application to the City Council for approval or denial.
      (4)   The application fee shall be non-refundable once processed.
   (C)   Application approval.
      (1)   A state-licensed cannabis retail business application shall not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under § 115.25.
      (2)   A state-licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this chapter.
      (3)   A state-licensed cannabis retail business application that meets the requirements of this chapter shall be approved.
   (D)   Annual compliance checks.
      (1)   The city shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements state and city regulations.
      (2)   The city shall conduct at minimum one unannounced age verification compliance check at least once per calendar year.
      (3)   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 a parent or 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 of government.
      (4)   Any failures under this section must be reported to the Office of Cannabis Management.
   (E)   Location change. A state-licensed cannabis retail business shall be required to submit a new application for registration under § 115.22(B) if it seeks to move to a new location still within the legal boundaries of the city.
(Ord. 2024-01, passed 12-10-2024)
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