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Eureka Township Dakota County
City Zoning Code

ARTICLE XI

Cannabis Businesses

[Added 12-10-2024 by Ord. No. 2024-05]

§ 240-65 Purpose.

The purpose of this article is to protect the public health, safety, welfare of the Eureka Township residents, and to promote the community's interest in reasonable stability in zoning, by regulating cannabis businesses within the legal boundaries of the Township.

§ 240-66 Authority.

The Township is authorized by Minnesota Statutes, § 342.13(c), to adopt reasonable restrictions on the time, place, and manner of the operation of a cannabis business, including the adoption of zoning regulations under Minnesota Statutes, § 462.357. The Township is also authorized to register cannabis businesses under Minnesota Statutes, § 342.22, and to regulate the use of cannabis in public places under Minnesota Statutes, § 152.0263, subdivision 5. The intent of this article is to comply with the provisions of Minnesota Statutes, Chapter 342 and the rules promulgated thereunder. References to statutes shall include any amendments made to those sections and includes any successor provisions.

§ 240-67 Definitions.

The following words, terms, and phrases, when used in this article, shall have meanings given them in this section. Any term not defined in this section shall have the meaning given the term in Minnesota Statutes, § 342.01, or in the rules promulgated by the Minnesota Office of Cannabis Management, including any amendment made thereto.
ADULT-USE CANNABIS PRODUCT
Has the meaning given the term in Minnesota Statutes, § 342.01, subdivision 4.
CANNABIS BUSINESS
Has the meaning given the term in Minnesota Statutes, § 342.01, subdivision 14, and includes all businesses listed thereunder. For the purposes of this article, the term also includes hemp manufacturers and hemp retailers.
CANNABIS CULTIVATOR
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.30, or such other law as may apply, to cultivate cannabis.
CANNABIS DELIVERER
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.41, or such other law as may apply, to sell deliver cannabis.
CANNABIS EVENT ORGANIZER
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.39, or such other law as may apply, to hold temporary cannabis events.
CANNABIS MANUFACTURER
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.31, or such other law as may apply, to manufacture cannabis.
CANNABIS RETAILER
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.32, or such other law as may apply, to sell cannabis at retail.
CANNABIS TESTING FACILITY
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.37, or such other law as may apply, to test cannabis.
CANNABIS TRANSPORTER
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.35, or such other law as may apply, to transport cannabis.
CANNABIS WHOLESALER
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.33, or such other law as may apply, to sell cannabis at wholesale.
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.
HEMP MANUFACTURER
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.43, or such other law as may apply, to manufacture lower-potency hemp edibles.
HEMP RETAILER
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.43, or such other law as may apply, to sell lower-potency hemp edibles at retail.
LOWER-POTENCY HEMP EDIBLE
Has the same meaning given the term in Minnesota Statutes, § 342.01, subdivision 50.
MEDICAL CANNABIS COMBINATION BUSINESS
A cannabis business licensed or endorsed by the Office of Cannabis Management under Minnesota Statutes, § 342.515, or such other law as may apply, to cultivate, manufacture, package, and sell cannabis.
OFFICE OF CANNABIS MANAGEMENT
The Minnesota Office of Cannabis Management, which has the powers and duties set out in Minnesota Statutes, § 342.02.
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.
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
Has the meaning given the term in Minnesota Statutes, § 245.462, subdivision 23.
SCHOOL
A public school as defined under Minnesota Statutes, § 120A.05, or a nonpublic school that must meet the reporting requirements under Minnesota Statutes, § 120A.24.

§ 240-68 Allowed use.

Cannabis businesses are allowed in the Agricultural District with the issuance of an interim use permit in accordance with § 240-32.

§ 240-69 Buffer zones.

A. 
Distances. Except as provided below, no cannabis business shall be located or operate within:
(1) 
1,000 feet of a school;
(2) 
500 feet of a residential treatment facility;
(3) 
500 feet of a daycare facility; or
(4) 
500 feet of an attraction within a public park that is regularly used by minors, including, but not limited to, playgrounds and athletic fields.
B. 
Nonconforming. A cannabis business lawfully established and operating in a location may continue to operate as a lawful nonconforming use if a school, residential treatment facility, daycare facility, or park is established within the required buffer distance. A cannabis business that becomes nonconforming is subject to the restrictions in Minnesota Statutes, § 462.357, subdivision 1e.

§ 240-70 Requirements and restrictions.

A. 
Licensing. No cannabis business may operate within the Township unless it is licensed by the Office of Cannabis Management, and then only to the extent allowed by the licenses and endorsements issued to the cannabis business.
B. 
Registration. No cannabis business may operate within the Township unless it is currently registered with the County, if registration of the particular type of cannabis business is required under Minnesota Statutes, § 342.22. If the County acts to suspend the registration the cannabis business shall cease all activities associated with registered business until the registration is reinstated. If the County acts to cancel a registration, the cannabis business shall cease all activities associated with the registered business.
C. 
Town code. Every cannabis business shall comply with all applicable requirements of the Code.
D. 
Hours of operation. No cannabis business with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products may sell cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products outside of the hours of operation established by the County. If the County does not establish specific hours of operation, the hours established in Minnesota Statutes, § 342.27, subdivision 7 shall apply.
E. 
Retail sales. Any cannabis business licensed or endorsed to sell cannabis or lower-potency hemp edibles at retail shall comply with the following:
(1) 
The owner shall include a copy of the operating plan required under Minnesota Statutes, § 342.32, subdivision 3 as part of the application materials for an interim use permit for the cannabis business; and
(2) 
Comply with the prohibitions contained in Minnesota Statutes, § 342.27, subdivision 12, including, but not limited to, not operating a drive-through window, not dispensing products using a vending machine, and not making sales when the cannabis business knows that any required security or statewide monitoring system is not operational.
F. 
Cannabis cultivation. Any cannabis business licensed or endorsed to cultivate cannabis shall comply with the following:
(1) 
The owner shall include a copy of the operating plan required under Minnesota Statutes, § 342.30, subdivision 3 as part of the application materials for an interim use permit for the cannabis business; and
(2) 
Comply with the requirements in Minnesota Statutes, § 342.25.
G. 
Building code. Cannabis businesses shall comply with all applicable building and fire codes.

§ 240-71 Prohibitions.

No cannabis business shall operate in a manner that violates, or fails to comply with, the provisions of Minnesota Statutes, chapter 342, such other laws as may apply, and the following:
A. 
Smoking prohibited. No cannabis flower, cannabis products, or hemp-derived consumer products in a manner that involves the inhalation of smoke, aerosol, or vapor shall be used at any location where smoking is prohibited under Minnesota Statutes, § 144.414; and
B. 
Statutory prohibitions. No cannabis business authorized to sell at retail shall sell any cannabis flower or cannabis products in violation of any of the prohibitions in Minnesota Statutes, § 342.27, subdivision 12.

§ 240-72 Lower-potency hemp edibles.

The sale of lower-potency hemp edibles are subject to the restrictions and requirements of this section.
A. 
Age restricted areas. The sale of lower-potency hemp edibles is only allowed in places that limit admission to persons 21 years of age and older.
B. 
Storage. Lower-potency hemp edibles shall be stored in a locked case and may only be sold behind a counter.

§ 240-73 Cannabis event permit.

No cannabis event may occur within the Township unless the event organizer first obtains a cannabis event permit from the Township and complies with the requirements of this section and all applicable laws.
A. 
Consumption prohibited. The consumption of adult-use cannabis products at a cannabis event is prohibited.
B. 
Permit required. A cannabis business licensed by the Office of Cannabis Management to conduct temporary cannabis events may only conduct an event in a zoning district in which the use is allowed, and then only upon obtaining a cannabis event permit from the Township.
C. 
Application process. Unless the interim use permit issued to a cannabis event organizer indicates otherwise, the following procedure shall apply for seeking a cannabis event permit for an event. A separate cannabis event permit is required for each event.
(1) 
The applicant must complete and submit the Township's cannabis event permit application form together with the applicable fee at least 60 days before the start of the proposed event. Incomplete applications will be returned to the applicant without processing. If the proposed cannabis event constitutes a special event under the Township's regulations, the applicant is required to follow the applicable requirements to obtain a special events license or permit, and such approval shall also constitute the cannabis event permit for the particular event.
(2) 
If approved, the cannabis event permit shall, at a minimum, indicate the event location, dates (not to exceed four days), daily operating hours, and the specific restrictions or requirements placed on the event. The types of restrictions and requirements placed on an event will vary depending on the anticipated size and may include, but are not limited to, traffic routing, parking, security, sanitation facilities, garbage, first aid, limitations on amplified music and public address systems, insurance coverages, and maximum attendance.
D. 
Enforcement. The Township may suspend or revoke a cannabis event permit if the event organizer fails to comply with the conditions placed on the permit in any material way after being informed of the violation and the need to correct it. The Township may deny issuing a permit to an event organizer that failed to comply with any cannabis event permit issued within the preceding three years.

§ 240-74 Public use of cannabis.

No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp derived consumer products in a public place or a place of public accommodation, unless the premises is a cannabis business licensed by the Office of Cannabis Management for on-site consumption.