(a) Purpose. To provide patients registered with the Minnesota Department of Health's medical cannabis program access to medical marijuana while reducing the potential negative impacts of medical marijuana distribution facilities on the public health, safety, and general welfare of the community.
(b) Standards.
(1) Prohibited activities.
(A) Distribution facilities must not distribute any other product or substance except for medical marijuana.
(B) No cultivation, harvesting, manufacturing, packaging, processing, or sampling of medical marijuana or any other substance may occur on the distribution facility site.
(C) The sale and distribution of non-medical marijuana is prohibited.
(2) Separation from sensitive uses. No distribution facility may be located:
(A) Within 1,000 feet of an existing school (K-12). Distances will be measured in a straight line without regard to intervening structures or objects from the distribution facility's site boundaries to the closest point of the property lines of the K-12 school.
(3) Limitation on the number of distribution facilities.
(A) No new conditional use permit for a distribution facility may be approved that would increase the number of distribution facilities in the city to more than one per each 100,000 inhabitants or fraction thereof residing in the city according to the most recent decennial U.S. Census data. However, this section of code shall not be construed to vest in any holder of a conditional use permit for a distribution facility the right to hold a semi-exclusive operation in that the City Council reserves the right, by properly adopted ordinance, to increase the number of distribution facilities at any time.
(4) Restricted access to the building. Distribution facilities must be equipped with an electronic controlled access that limits access to the building to authorized individuals, tracks personnel entry and exit times, locks down the distribution facility in the event of a security threat, stores data for retrieval, remains operational during a power outage and is capable of remote administration. Distribution facility operators must submit the controlled access system data to the Bloomington Police Department upon request.
(5) Building location. Distribution facilities must be located in a highly visible permanent building that is situated so that all public points of access to the distribution facility are visible from the street.
(6) Lighting. The distribution facility site must meet the lighting standards for retail and service oriented uses (see § 21.301.07).
(7) Exterior signage. Signs must not include images of cannabis or cannabis smoking paraphernalia, colloquial references to cannabis, names of cannabis plant strains, or medical symbols that bear a reasonable resemblance to established medical associations.
(8) Conditional use permit submittal requirements. In addition to the submittal requirements stated in § 21.501.04, the following materials must also be submitted to the issuing authority as part of a distribution facility conditional use permit application:
(A) Operating documents. Distribution facility operators must submit documents that describe operational and management practices including:
(i) Security measures to deter and prevent theft of medical marijuana.
(ii) Disposal methods for all waste material.
(iii) Response plans for measures to be taken in the event of a security breach at a distribution facility, or while medical marijuana is in route to a distribution facility.
(iv) Proposed product delivery plan.
(v) Other information deemed necessary and requested by the issuing authority.
(9) Licensing. The distribution facility must receive required local, state and federal licenses prior to operation and must maintain required licenses at all times.
(c) Penalty. A violation of this Article shall be a misdemeanor under Minnesota law. Civil administrative penalties shall be subject to assessment against the property pursuant to § 12.15 of the City Charter and § 1.19 of the city code. However, nothing herein shall be construed to limit the city's other available legal remedies including without limitation the revocation and suspension of any city issued license or permit associated with the property or civil injunctive actions. In addition, violations or failure to pay civil fines may result in future license or permit ineligibility.
(Ord. 2015-27, passed 10-19-2015)