HomeMy WebLinkAbout2693-25 - ADMIN Ordinance - City Council - 2025/03/17
Ordinance No. 2693-25
Amending St. Louis Park City Code Chapter 8, Article II relating to establishing a
cannabis and lower-potency hemp retail registration
and Appendix A – 2025 fee schedule
The City of St. Louis Park does ordain:
SECTION 1. The St. Louis Park City Code, Chapter 8, Article II, Division 3 is hereby amended
by adding:
Subdivision XVII. Retail Registration for Cannabis and Hemp Products
Sec. 8-479.
(a) Findings and Purpose. City of St. Louis Park makes the following legislative findings:
1) The purpose of this ordinance is to implement the provisions of Minnesota
Statutes, chapter 342, which authorizes the City of St. Louis Park to protect the
public health, safety, welfare of St. Louis Park residents by regulating cannabis
businesses within the legal boundaries of St. Louis Park.
(b) Authority & Jurisdiction. The City of St. Louis Park has the authority to adopt this
ordinance and to apply the following state statutes:
1) Minn. Stat. §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.
2) Minn. Stat. §342.22, regarding the local registration and enforcement
requirements of state-licensed cannabis retail businesses and lower-potency
hemp edible retail businesses.
3) Minn. Stat. §152.0263, Subd. 5, regarding the use of cannabis in public places.
4) Minn. Stat. § 412.221, regarding the authority of the City to protect the public
health, safety, order, convenience, and general welfare.
(c) The ordinance shall be applicable to the legal boundaries of St. Louis Park.
Sec. 8-480. Severability.
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.
Sec. 8-481. Enforcement
(a) The city manager or designee is responsible for the administration and enforcement of
this ordinance. Any violation of the provisions of this ordinance or failure to comply with
any of its requirements constitutes a misdemeanor and is punishable as defined by law.
Violations of this ordinance can occur regardless of whether or not a permit is required
for a regulated activity listed in this ordinance.
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(b) Nothing in this section shall restrict or limit the ability of the city take any other
enforcement action in accordance with law, including but not limited to seeking
injunctive relief in a court of competent jurisdiction.
Sec. 8-482. Definitions. Unless otherwise noted in this section, words and phrases contained in
Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the
same meanings in this ordinance.
(a) Cannabis Cultivation: A cannabis business licensed to:
1) grow cannabis plants within the approved amount of space from seed or
immature plant to mature plant;
2) harvest cannabis flower from mature plant;
3) package and label: immature plants, seedlings, and cannabis flower for sale to
other cannabis businesses;
4) transport cannabis flower to a cannabis manufacturer located on the same
premises; and
5) perform other actions approved by the OCM.
(b) Cannabis Retail Businesses: A Cannabis Retailer location and the retail location(s) of a
mezzobusiness, microbusiness, medical combination businesses, excluding lower-
potency hemp edible retailers.
(c) 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.
(d) Retail Registration: An approved registration issued by the City of St. Louis Park to a
state-licensed Cannabis Retail Business or a Lower-potency Hemp Edible Retail Business.
(e) State License: An approved license issued by the OCM to a cannabis retail business.
(f) Temporary Cannabis Event: A temporary event organized within the City by the holder
of a Cannabis Event Organizer license.
Sec. 8-483. Registration of Cannabis and Lower-Potency Hemp Edible Retail Business.
(a) No individual or entity may operate a state-licensed cannabis retail business or
lower-potency hemp edible retail business within St. Louis Park without first
registering with the City of St. Louis Park.
(b) Any state-licensed cannabis retail business that sells to a customer or patient
without valid retail registration shall incur a civil penalty of up to $2,000 for each
violation as authorized in Minn. Stat. §342.22 subd. 5.
Sec. 8-484. Compliance Checks Prior to Retail Registration
(a) Prior to issuance of a cannabis retail business registration, the City of St. Louis Park shall
conduct a preliminary compliance check to ensure compliance with local ordinances and
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state law and OCM rules regarding applicable operation requirements and lawful
products.
Sec. 8-485. Registration & Application Procedure
(a) Fees.
1) The registration fee for cannabis and lower-potency hemp edible retail
businesses is established in the Appendix A fee schedule and shall be charged to
applicants depending on the type of cannabis businesses.
2) The initial registration fee shall include the first two (2) years of business
registration. The registered business must still submit all necessary information
for registration renewal at the end of the first year, but shall not have to pay an
additional fee at that time.
3) The renewal retail registration fee shall be charged at the time of the second
renewal and each subsequent renewal thereafter.
(b) Application Submittal. The city shall issue a retail registration to a state-licensed
cannabis or lower-potency hemp edible retail business that adheres to the requirements
of Minn. Stat. §342.22.
1) An applicant for a retail registration or registration renewal shall fill out an
application form, as provided by the City. Said form shall include, but is not
limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. The address and parcel ID for the property which the retail registration is
sought;
iv. Certification that the applicant complies with the requirements of local
ordinances established pursuant to Minn. Stat. § 342.13.
2) The applicant shall include with the form:
i. the registration fee;
ii. a copy of a valid state license or written notice of OCM license
preapproval;
3) Once an application is considered complete, the City Manager or designee shall
process the application and notify the applicant of approval or denial.
4) The application fee is non-refundable.
(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 by Section 8-489.
2) A state-licensed cannabis retail business application shall not be approved or
renewed if the applicant is unable to prove it meets the requirements of this
ordinance.
3) A state-licensed cannabis retail business application that meets the
requirements of this subdivision shall be approved.
(d) Annual Compliance Checks.
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1) The city shall complete at minimum one compliance check per calendar year of
every registered business to assess if the business meets age verification
requirements, as required under state law and this subdivision.
2) 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.
3) Nothing in this Section shall limit the ability of the city to conduct further
announced or unannounced compliance checks relating to any requirement of a
business’ license, registration, or lawful operation.
(e) Location Change. A registered business shall be required to submit a new application for
registration if it seeks to move to a new location still within the legal boundaries of the
city. This will be treated as a renewal of its registration.
Sec. 8-486. Renewal of Registration.
(a) The city shall renew an annual registration of a registered business at the same time
OCM renews the registered businesses’ license.
(b) A registered business shall apply to renew registration on a form created by city.
(c) A cannabis retail registration issued under this ordinance shall not be transferred.
(d) The city may charge a renewal fee for the registration starting at the second
renewal, as established in city’s fee schedule.
(e) The application for renewal of a retail registration shall include the items required
under Sec. 8-485(b).
Sec. 8-487. Suspension of Registration
(a) When Suspension is Warranted. The city may suspend a registered business’
registration if it violates Minn. Stat. Chapter 342 or the City Code, or poses an
immediate threat to the health or safety of the public. The city shall immediately
notify the registered business in writing the grounds for the suspension.
(b) Notification to OCM. The city shall immediately notify the OCM in writing the
grounds for the suspension. OCM will provide the city and business a response to
the complaint within seven calendar days and perform any necessary inspections
within 30 calendar days.
(c) Length of Suspension. A jurisdiction can wait for a determination from the OCM
before reinstating a registration.
1) The suspension of a business registration may be for up to 30 calendar days,
unless OCM suspends the license for a longer period. The business may not make
sales to customers if their registration is suspended.
2) The City may reinstate a registration if it determines that the violations have
been resolved.
3) The city shall reinstate a registration if OCM determines that the violation(s)
have been resolved.
Sec. 8-488. Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the City may impose a civil
penalty, as specified in the City’s Fee Schedule, for registration violations, not to exceed $2,000.
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Sec. 8-489. Limiting of Registrations
The city shall limit the number of active registrations issued to any cannabis retailer,
cannabis microbusiness, or cannabis mezzobusiness to not more than five (5) registrations in
total.
Sec. 8-490. Hours of Operation
Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products
between the hours of 8 am and 10 pm Monday through Saturday and between 10
a.m. and 10 p.m. Sunday.
Sec. 8-491. Temporary Cannabis Events
(a) Permit Required. A permit is required to be issued and approved by the city prior to
holding a Temporary Cannabis Event.
(b) Hours of Operation. A temporary cannabis event may be open to the public only
between the hours of 10 a.m. to 10 p.m.
(c) Registration & Application Procedure. A permit fee, as established in city’s fee
schedule, shall be charged to applicants for Temporary Cannabis Events.
(d) Application Submittal & Review. The city shall require an application for Temporary
Cannabis Events.
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:
i. Location of the proposed event;
ii. Full name of the property owner and applicant;
iii. Address, email address, and telephone number of the applicant;
2) The applicant shall include with the form:
i. the permit fee;
ii. a copy of the OCM cannabis event license application, including all
information required pursuant to Minn. Stat. §342.39 subd. 2.
3) The application shall be submitted to the city manager or designee 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.
4) The permit fee shall be non-refundable.
5) On-site consumption shall be allowed at a Temporary Cannabis Event in a
designated restricted-access area limited to only individuals who are at least 21
years of age. The designated on-site consumption area must not be visible from
any public place. No consumption of alcohol or tobacco is allowed. On-site
consumption may not cause an odor that can be detected by a person with a
normal sense of smell from beyond the boundaries of the Temporary Cannabis
Event
6) A request for a Temporary Cannabis Event that meets the requirements of this
Section shall be approved.
7) A request for a Temporary Cannabis Event that does not meet the requirements
of this Section shall be denied. The city shall notify the applicant of the standards
not met and basis for denial.
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SECTION 2. The St. Louis Park City Code, Chapter 8, Article II title is hereby amended by
adding the following underlined language:
Article II. Licenses and Registrations
SECTION 3. Fee Schedule.
The City of St. Louis Park City Code Appendix A – 2025 Fee Schedule, Building & Energy
Department Section, is hereby amended by adding the underlined language as follows:
Business Registrations
Initial Cannabis Microbusiness $0
Renewal Cannabis Microbusiness $1000
Initial Cannabis Mezzobusiness $500
Renewal Cannabis Mezzobusiness $1000
Initial Cannabis Retailer $500,
Renewal Cannabis Retailer $1000
Initial Medical combination $500
Renewal Medical combination $1000
Initial Lower-Potency hemp edible retail $125
Renewal Lower-Potency hemp edible retail $125
Temporary Cannabis event $ 250
SECTION 4. EFFECTIVE DATE AND TERM. This ordinance shall take effect immediately upon
its passage and publication by law.
Reviewed for administration: Adopted by the city council March 17, 2025:
___________________________________ _________________________________
Kim Keller, city manager Nadia Mohamed, mayor
Attest:
____________________________________
Melissa Kennedy, city clerk
Approved as to form and execution:
____________________________________
Petra Asani, city attorney
First reading March 3, 2025
Second reading March 17, 2025
Date of publication March 27, 2025
Date ordinance takes effect April 11, 2025
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