The purpose of this Section is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Plymouth to protect the public health, safety, welfare of the City of Plymouth residents by regulating cannabis businesses within the legal boundaries of the City of Plymouth. The City of Plymouth finds and concludes that the proposed provisions are appropriate and lawful land use regulations for the City of Plymouth, that the proposed amendments will promote the community's interest 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. If any section, clause, provision, or portion of this Section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Section shall not be affected thereby.

(Ord. No. 2024-24, § 7, 11/26/2024)

Subd. 1.

Operations.

(a)

No cannabis business making retail sales to customers may operate, and no registration will be issued, within the Cannabis Retail Buffer. The establishment of a school, Residential Treatment Facility, or park amenity regularly used by minors within the prohibited area after the original license application has been granted shall not, in and of itself, render such premises ineligible for renewal of license or expansion.

Subd. 2.

Measurement.

(a)

The Cannabis Retail Buffer 500-foot distance shall be measured from:

a.

The closest parcel edge of any contiguously owned school or residential treatment facility land; or

b.

The closest edge of any playfield parcel; or

c.

The nearest park amenity point.

(b)

The Cannabis Retail Buffer 500-foot distance shall be measured to:

a.

For single tenant buildings, the freestanding parcel upon which the Cannabis Retailer is to be licensed.

b.

In multitenant buildings, the buffer shall be measured from the closest exterior walls of owned or leased tenant space.

(c)

The Cannabis Retail Buffer Map shall be maintained by the Zoning Administrator and available for reviewing.

(Ord. No. 2024-24, § 7, 11/26/2024)

Hours of operation for cannabis businesses with a license or endorsement authorizing the retail sale of cannabis flower or cannabis products shall not exceed 10 a.m. — 9 p.m., Monday through Sunday.

(Ord. No. 2024-24, § 7, 11/26/2024)

The City of Plymouth shall limit the number of registrations available for cannabis retailers, cannabis microbusinesses with retail endorsements, or cannabis mezzobusinesses with retail endorsements to no fewer than one registration for every 12,500 residents in the City of Plymouth.

(Ord. No. 2024-24, § 7, 11/26/2024)

Subd. 1.

Consent to Registering of Cannabis Businesses.

(a)

No individual or entity shall operate any of the following state-licensed cannabis retail businesses within the City of Plymouth without first receiving an approved retail registration with the City of Plymouth.

a.

Cannabis retailer.

b.

Cannabis microbusiness with retail endorsement.

c.

Cannabis mezzobusiness with retail endorsement.

d.

Medical cannabis retailer.

e.

Medical cannabis combination business.

f.

Lower-potency hemp edible retailer.

(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.

Subd. 2.

Compliance Checks Prior to Retail Registration.

(a)

Prior to issuance of a cannabis retail business registration, the City of Plymouth shall conduct a preliminary compliance check to ensure compliance with local ordinances.

(b)

Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, the City of Plymouth shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code.

Subd. 3.

Registration and Application Procedure.

(a)

Fees. The City of Plymouth shall not charge an application fee. A registration fee, as established in the City of Plymouth's fee schedule, shall be charged to applicants depending on the type of retail business license applied for.

(b)

An initial retail registration fee shall not exceed $500.00 or half the amount of an initial state license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee.

(c)

Any renewal retail registration fee imposed by the City of Plymouth shall be charged at the time of the second renewal and each subsequent renewal thereafter.

(d)

A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal state license fee under Minn. Stat. 342.11, whichever is less.

(e)

A medical combination business operating an adult-use retail location may only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, defined under this section, of the adult-use retail business.

Subd. 4.

Application Submittal.

(a)

The City of Plymouth shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22.

(b)

An applicant for a retail registration shall fill out an application form, as provided by the City of Plymouth. Said form shall include, but is not limited to:

a.

Full name of the property owner and applicant.

b.

Address, email address, and telephone number of the applicant.

c.

The address and parcel ID for the property which the retail registration is sought.

d.

Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13.

e.

Compliance with the Cannabis Retail Buffer.

(c)

The applicant shall include with the form:

a.

The registration fee as required in this Section.

b.

A copy of a valid state license or written notice of OCM license preapproval.

(d)

Once an application is considered complete, the City of Plymouth shall inform the applicant as such, process the registration fees, and forward the application to the City Clerk's Office for approval or denial.

(e)

The registration fee shall be non-refundable once processed.

(f)

A state-licensed cannabis retail business registration application shall not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under this Section.

(g)

A state-licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this Section.

(h)

A state-licensed cannabis retail business registration application that meets the requirements of this Section shall be approved.

(i)

Registrations are site-specific and non-transferrable. Businesses holding a valid registration may apply to register at a new location. This shall be considered a registration renewal for the purposes of assessing fees. The City may process the application, and issuance of the new registration shall immediately cancel the prior registration.

Subd. 5

Annual Compliance Checks.

(a)

The City of Plymouth Public Safety Department shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24 and this Section.

(b)

The City of Plymouth Public Safety Department shall conduct at minimum one unannounced age verification compliance check at least once per calendar year. 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.

(c)

Any failures under this section must be reported to OCM.

Subd. 6.

Renewal of Registration.

(a)

The City of Plymouth shall renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business' license.

(b)

A state-licensed cannabis retail business shall apply to renew registration on a form established by the City of Plymouth.

(c)

A cannabis retail registration issued under this Section shall not be transferred.

(d)

The City of Plymouth shall charge a renewal fee for the registration starting at the second renewal, as established in the Fee Schedule.

(e)

Application for renewal shall include all items outlined in Subd. 4.

Subd. 7.

Suspension of Registration.

(a)

When Suspension is Warranted. The City of Plymouth may suspend a cannabis retail business's registration if it violates this Section, state law, or poses an immediate threat to the health or safety of the public. The City of Plymouth shall immediately notify the cannabis retail business in writing the grounds for the suspension.

(b)

Notification to OCM. The City of Plymouth shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide the City of Plymouth and Cannabis Retailer 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. The suspension of a cannabis retail 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. The City of Plymouth may reinstate a registration if it determines that the violations have been resolved. The City of Plymouth shall reinstate a registration if OCM determines that the violation(s) have been resolved.

(d)

Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e), the City of Plymouth may impose a civil penalty, as specified in the Fee Schedule for registration violations, not to exceed $2,000.00.

(Ord. No. 2024-24, § 7, 11/26/2024)

Subd. 1.

License or Permit Required for Temporary Cannabis Events.

(a)

License Required. A Temporary License and Administrative Permit is required to be issued and approved by the City of Plymouth prior to holding a Temporary Cannabis Event.

a.

The Temporary License shall be issued by the City Clerk and shall follow the procedures for Temporary On-Sale Licenses for Alcoholic Beverages as outlined in Section 1201 of this Code. A copy of the OCM cannabis event license application shall be included with the application, submitted pursuant to Minnesota Statute.

b.

The Administrative Permit shall be issued by the Planning Division and shall follow the process for Temporary Events and Outdoor Sales as outlined in each eligible zoning district. A copy of the OCM cannabis event license application shall be included with the application, submitted pursuant to Minnesota Statute.

(b)

Onsite Consumption.

a.

Temporary cannabis events shall be allowed on-site consumption of cannabis products that follow City Code Section 970.

b.

No smoking, vaping, or consumption via electronic delivery device shall be allowed. Consumption of cannabis or hemp products during Temporary Cannabis Events shall be allowed via edible products or beverages only.

(c)

Additional Event Standards.

a.

Temporary cannabis events may only be held on non-residential properties.

b.

Temporary cannabis events may only be held between the hours of 8 a.m. and 9 p.m.

(Ord. No. 2024-24, § 7, 11/26/2024)