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Proposed Ordinance, Fourth Series
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUVERNE TO REGULATE CANNABIS BUSINESSES
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This proposed ordinance aims to regulate cannabis businesses within the City of Luverne, ensuring compliance with Minnesota Statutes and promoting public health, safety, and welfare. The ordinance is based on Minnesota Statutes, including M.S. § 342.13(c) for local government authority, M.S. § 342.22 for local registration and enforcement, M.S. § 152.0263 for public use restrictions, and M.S. § 462.357 for zoning ordinances. It requires cannabis retail businesses to register with the Office of the City Administrator before operating, with a civil penalty of up to $2,000 for selling without valid registration. The application process includes detailed requirements such as owner information, business plans, proof of state licensing, and compliance with local zoning, fire, and building codes. Annual compliance checks and unannounced age verification checks are mandated, and violations can lead to suspension of registration, with a detailed process for notification and hearings. The ordinance also sets operational restrictions, including specific hours of operation and buffer requirements, such as a 1,000-foot buffer from other cannabis retail businesses. On-site consumption is regulated, with distinct rules for microbusinesses and lower-potency hemp edible retailers. Additionally, a license is required for organizing up to 12 temporary cannabis events per year, with specific application and operational requirements. The City of Luverne may also establish and operate one municipal cannabis retail business, subject to City Council approval. Public use of cannabis is generally prohibited unless allowed by a specific permit. This ordinance is designed to ensure that cannabis businesses operate within a structured and regulated framework, promoting safety and compliance with state laws.
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City Administrator Recommendation: City Council Introduce and Adopt Ordinance No. 48, Fourth Series.