A.   Findings and Purpose. The city makes the following legislative findings:

      1.   The purpose of this chapter is to implement the provisions of Minnesota Statutes, Chapter 342, which authorizes the city to protect the public health, safety, and welfare of residents by regulating cannabis businesses within the city.

      2.   The City finds that the proposed provisions are appropriate and lawful regulations for the city, that the proposed amendments will promote the interests of the community in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.

   B.   Authority. The city has the authority to adopt this chapter pursuant to:

      1.   Minnesota Statutes, § 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.   Minnesota Statutes, § 342.22, regarding the local registration and enforcement requirements of state licensed cannabis retail businesses and lower potency hemp edible retail businesses.

      3.   Minnesota Statutes, § 152.0263, Subd. 5, regarding the use of cannabis in public places.

      4.   Minnesota Statutes, § 462.357, regarding the authority of a local authority to adopt zoning ordinances. (Ord. 2024-14, 12-9-2024)

   A.   State License. Operation of a cannabis business of the types established by Minnesota Statues, § 324.10 shall require a state license in accordance with Minnesota Statutes, § 342.14.

   B.   Retail Registration. No individual or entity may operate a cannabis retail business within the city without first obtaining approval of a registration from Wright County in accordance with Minnesota Statutes, § 342.22. (Ord. 2024-14, 12-9-2024)

   A.   Operation of a retail cannabis business within shall be prohibited within:

      1.   One thousand feet (1,000') of a school.

      2.   Five hundred feet (500') of a day care.

      3.   Five hundred feet (500') of a residential treatment facility.

      4.   Five hundred feet (500') of an attraction within a public park that is regularly used by minors, including a playground or athletic field.

   B.   For purposes of this section, the distance of a required buffer between a cannabis retail business and a use identified in section 11-35-3.A of this section shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure the cannabis business is located to the property line of said use.

   C.   Pursuant to Minnesota Statutes, § 462.367, subd. 14, a registered cannabis business established in accordance with the provisions of this chapter or a cannabis business seeking registration from continuing operation at the same site shall not be prohibited if a use identified within section 11-35-3.A of this section a moves within the minimum required buffer zone. (Ord. 2024-14, 12-9-2024)

Operation of a registered cannabis business of the types established by Minnesota Statues, § 324.10 within the city shall comply with the provisions of this title and the following:

   A.   Building Code. The cannabis business shall comply with the provisions of Title 9, Chapter 2 of this code.

   B.   Fire Code. The cannabis business shall comply with the provisions of Title 9, chapter 4 of this code.

   C.   Allowed Hours:

      1.    Retail sale of cannabis, cannabis flower, cannabis products, lower potency hemp edibles, or hemp-derived consumer products shall be limited to occur between the hours of ten o'clock (10:00) A.M. to nine o'clock (9:00) P.M each day.

      2.   Temporary cannabis events shall be limited to occur between the hours of ten o'clock (10:00) A.M. to nine o'clock (9:00) P.M each day.

      3.   Hours of operation for cannabis businesses other than those specified by section 11-35-4.C.1 and section 11-35-4.C.2 of this section shall be allowed subject to other applicable provisions of this title.

   D.   Ventilation. A cannabis business shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the cannabis business at the property line.

   E.   Age Limitations. No person under twenty-one (21) years of age shall be within the cannabis business premises.

   F.   Public View:

      1.   All activities of a cannabis business businesses, including, without limitation, cultivating, growing, processing, displaying, manufacturing, selling, and storage, shall be conducted out of public view.

      2.   No cannabis or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises.

   G.   Prohibited Activities:

      1.   Consumption or use of cannabis products onsite of a cannabis retail business is prohibited.

      2.   There shall be no outdoor events or sales associated with a cannabis business; all such activities shall occur within a principal or accessory building, including temporary structures, as allowed in compliance with title 11 of this code.

      3.   No cannabis business shall occupy a residential dwelling unit. (Ord. 2024-14, 12-9-2024)

   A.   Special Event Permit Required. A special event permit is required to be issued in accordance with Title 4, chapter 2 of this code prior to holding a temporary cannabis event.

   B.   Information Required. In addition to the required for an application for a special event permit in accordance with Title 4 chapter 2 of this code, the applicant shall submit the following information:

      1.   A copy of the Office of Cannabis Management cannabis event license application submitted pursuant to Minnesota Statutes, § 342.39, subd. 2.

   C.   Conditions. In addition to the provisions of Section 4-2-5 of this code and Section 11-35-4 of this title, the following conditions shall be required for temporary cannabis events:

      1.   No sales of cannabis products, except for lower-potency hemp edibles, shall be allowed at temporary cannabis events.

      2.   No on-site consumption of cannabis products, except for lower-potency hemp edibles, shall be allowed at temporary cannabis events.

   D.   Notice to Property Owners. Unless a greater distance is required by section 4-2-7 of this code, a copy of the special event permit for a temporary cannabis event shall to be mailed not less than fourteen (14) days prior to the special event to all property owners within five hundred feet (500') of the event location, subject to approval of the zoning administrator. (Ord. 2024-14, 12-9-2024)

The retail sale of lower potency edibles and beverages shall be allowed, subject to the conditions within this section:

   A.   Age Restrictions. The sale of lower potency edibles is permitted only in places that admit persons twenty-one (21) years of age or older.

   B.   Product Storage. Lower potency edibles shall only be sold behind a counter and shall be stored in a locked case. (Ord. 2024-14, 12-9-2024)

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 an establishment or an event licensed to permit on-site consumption of cannabis products. (Ord. 2024-14, 12-9-2024)