(A) The Minnesota Legislature recently enacted, and the Governor signed, 2023 Minnesota Session Laws, Chapter 63 - H.F. No. 100 (the "Act"), which is comprehensive legislation relating to cannabis including, but not limited to, the establishment of the Office of Cannabis Management ("OCM"), legalizing and limiting the possession and use of cannabis and certain hemp products by adults, providing for the licensing, inspection, and regulation of cannabis and hemp businesses, taxing the sale of cannabis flower, cannabis products, and certain hemp products, establishing grant and loan programs, amending criminal penalties, providing for expungement of certain convictions, and providing for the temporary regulation of edible cannabinoid products.
(B) The Act provides local units of government certain authority related to cannabis business, including the authority to (i) require local registration of certain cannabis business operating retail establishments, (ii) adopt reasonable restrictions on the time, place, and manner of the operation of cannabis businesses, provided that such restrictions do not prohibit the establishment or operation of a cannabis business, (iii) limit the number of certain cannabis businesses based on the population of the community, and (iv) prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field.
(C) The Act requires the OCM, which was established effective July 1, 2023, to work with local governments to develop model ordinances for reasonable restrictions on the time, place, and manner of the operation of cannabis business. The Act also requires the OCM to establish additional rules and regulations relating to the operation of cannabis businesses. It is anticipated that the City of Granite Falls (the "City") will benefit from reviewing and analyzing the OCM's model ordinances, rules and regulations before making any decisions related to the regulation of cannabis businesses in the city.
(D) M.S. § 342.13(e) expressly allows a local unit of government that is conducting studies or has authorized a study to be conducted or has held or scheduled a hearing for the purpose of considering adoption or amendment of reasonable restrictions on the time, place, and manner of the operation of cannabis businesses to adopt an interim chapter applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. The interim ordinance may regulate, restrict, or prohibit the operation of cannabis businesses within the jurisdiction or a portion thereof until January 1, 2025.
(E) Given the uncertainty regarding the model ordinances to be developed by the OCM and the broad scope of the changes to Minnesota law brought about by the Act, the city desires to adopt an interim chapter for the purpose of protecting the planning process and the health, safety, and welfare of its citizens.
(F) The city desires to conduct a study for the purpose of considering the adoption or amendment of reasonable restrictions on the time, place, and manner of the operation of cannabis businesses as well as the other regulations local units of government may adopt under the Act.
(G) On August 7, 2023, after providing at least 10 days published notice, the City Council held a public hearing regarding the consideration and adoption of an interim chapter prohibiting the operation of cannabis businesses within the city until January 1, 2025.
(Ord. 217, passed 8-7-2023)
The following terms when used in this chapter shall mean:
ACT. 2023 Minnesota Session Laws, Ch. 63 (H.F. No. 100).
CANNABIS BUSINESS. The same meaning as given in M.S. § 342.01, Subd. 14.
EDIBLE CANNABINOID PRODUCT. The same meaning given in M.S. § 151.72, Subd. 1(f).
OCM. The Office of Cannabis Management, established as set forth in M.S. § 342.02, Subd. 1.
OFFICIAL CONTROLS. Ordinances and regulations which control the physical development of the city or any party thereof or any detail thereof and implement the general objectives of the comprehensive plan. OFFICIAL CONTROLS include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, and official maps.
ORDINANCES. This interim ordinance, which is developed pursuant to M.S. § 342.13(e).
(Ord. 217, passed 8-7-2023)
The City Council hereby authorizes and directs city staff to conduct a study regarding the adoption or amendment of reasonable restrictions on the time, place, and manner of the operation of cannabis businesses, as well as other potential local regulations allowed under the Act, and report to the City Council on the potential regulation of cannabis businesses. The study may include a review of any model ordinances that OCM is directed to draft under M.S. § 342.13(d), an analysis of potential setback regulations allowed under M.S. § 342.13(c), and such other matters as staff may determine are relevant to the City Council's consideration of this matter, including appropriate official controls. The report may also include city staff's recommendations on whether the City Council should adopt regulations and, if so, the recommended types of regulations.
(Ord. 217, passed 8-7-2023)
A moratorium is hereby imposed on the operation of any cannabis business within the city. During the term of this chapter, no business, person, or entity may establish or operate a cannabis business within the jurisdictional boundaries of the city. Accordingly, during the period that this chapter is in effect, the city shall not accept, process, or act on any application, site plan, building permit, zoning request, or other approval, including any requested confirmation, certification, approval, or other request from the OCM or other governmental entity requesting city review of any application or proposal for a business proposing to engage in the operation of a cannabis business. During the term of the moratorium, it is a violation of this chapter for any business, person, or entity to establish or operate a cannabis business within the city.
(Ord. 217, passed 8-7-2023)
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