HomeMy WebLinkAbout4 - Ordinance Amendment - THC Beverage
To: Planning Commissioners
From: John Hinzman, Community Development Director
Date: November 27, 2023
Item: CONTINUED - Amend City Code Chapter – 155.07(J) - THC Beverage Sales
Planning Commission Action Requested
Continue review or an amendment to City Code Chapter 155.07(J) – Zoning Ordinance –
Performance Standards – Cannabis Businesses. The amendment makes the following changes:
• Removes the restriction of intoxicating cannabis products at exclusive liquor stores or on-
sale liquor establishments. On and off sale liquor establishment could now sell intoxicating
cannabis products.
Planning Commission Review – November 13, 2023
The Planning Commission tabled the item at the November 13th meeting seeking further
clarification on the ordinance. A public hearing was held at that time in which no public comment
was received. The ordinance has been modified to remove the proposed language offering
different performance standards for the C-3 and C-4 Zoning Districts.
Background
Earlier this year, the City established ordinance requirements for cannabis and hemp uses, sales, and
operations, The ordinance prohibited the sale of intoxicating cannabis products at exclusive liquor stores
or on sale liquor establishments.
Public Safety Committee of City Council
The Public Safety Committee (Councilmembers Haus, Fox, and Leifeld) reviewed the proposed changes and
were supportive of enaction.
Recommendation
Approval of the proposed ordinance is recommended.
Attachment
• Ordinance Amendment – Sales and Operations of Cannabis and Hemp Businesses.
Planning Commission Memorandum
ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
HASTINGS CITY CODE CHAPTER 155 - ZONING ORDINANCE REGARDING USES,
SALES AND OPERATIONS OF CANNABIS AND HEMP BUSINESSES
The City Council of the City of Hastings, Dakota County, Minnesota, does hereby
ordain as follows:
SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota,
State of Minnesota, Chapter 155, Section 155.07.J.3 SPECIAL PROVISIONS shall be
amended as follows:
3. Prohibited Acts:
a. It shall be unlawful for any person to sell, purchase, obtain or otherwise
provide any intoxicating cannabis product to any person under the age of
twenty-one (21).
b. It shall be unlawful for any person under the age of twenty-one (21) to
possess any intoxicating cannabis product. This chapter shall not apply
to persons under the age of 21 lawfully involved in a compliance check.
c. It shall be unlawful for any person under the age of twenty-one (21) to
use or consume any intoxicating cannabis product, unless it is legally
authorized medical cannabis.
d. It shall be unlawful for any person under the age of twenty-one (21) to
attempt to disguise the person’s true age by the use of a false form of
identification, whether the identification is that of another person or one
in which the age of the person has been modified or tampered with, to
represent an age older than the actual age of the person, in order to
purchase any intoxicating cannabis product.
e. No adult-use cannabinoid or cannabis product may contain more than
0.3% of THC.
f. No edible cannabis product can contain an amount of THC that exceeds
the per serving or per package requirements in Minnesota State law.
g. No intoxicating cannabis product may be sold to an obviously intoxicated
person or a person under the influence of a controlled substance.
h. No one under the age of twenty-one (21) shall sell intoxicating cannabis
products.
i. Intoxicating cannabis products cannot be sold in vending machines, by
transient merchants, peddlers, at a movable place of business, through
a drive-through window, at special events, home occupations, by internet
sales or delivery service.
j. Intoxicating cannabis products cannot be sold at exclusive liquor
stores or on-sale liquor establishments.
k.j. No sampling or free donations or distributions of intoxicating cannabis
products is allowed.
l.k. No sales of intoxicating cannabis products may be completed through
self-check-out. The retailer or retailer’s employee must process each
transaction at a point of sale.
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes
Section 412.191, in the case of a lengthy ordinance, a summary may be published. While
a copy of the entire ordinance is available without cost at the office of the City Clerk, the
following summary is approved by the City Council and shall be published in lieu of
publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on
, 2023 modifies the Zoning Ordinance to allow on-sale and off-sale retail
sales of cannabis beverages at restaurants and liquor stores.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect
after passage and publication according to law.
Passed this day of , 2023.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the ______________ on ____________.
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