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HomeMy WebLinkAbout1205 Ord (Chapter 31, Section 31-514.1, Regarding Performance Standards For Cannabis-Related Uses)City of Stillwater Washington County, Minnesota ORDINANCE NO. 1205 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article V, Division 2, Section 31-514.1 subd. 3, 4 and 5 are hereby amended as follows: Sec. 31-514.1 Cannabis -Related Uses Subd. 4. Except as provided in Subd. 6, the sale of CBD products shall comply with the following performance standards: (1) Only CBD retail establishments -intoxicating are allowed to sell, display, or provide intoxicating CBD products. (2) All CBD retail establishments —intoxicating shall have a security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation that is approved by the Police Chief; (3) No CBD retail establishment —intoxicating shall have a drive -through, walk-up window service, sidewalk displays, sales or outdoor storage or sandwich board signs; (4) There must be at least 1,000 feet between all CBD retail establishments (intoxicating and non -intoxicating); (5) All CBD retail establishments (intoxicating and non -intoxicating) shall be located at least 500 feet from any school when measured in a straight line from the edge of the building wall or tenant wall space in which the establishment is located to the property line of the school or licensed day care facility; (6) CBD incidental sales of non -intoxicating CBD products are permitted in any non- residential district. Subd. 5. The following cannabis uses are prohibited within the City: (1) CBD products that contain more than .3 percent tetra hydrocannabinol (THC). (2) Medical cannabis manufacturing. (3) Hemp or intoxicating CBD manufacturing as a primary use in all zoning districts. Specifically, the manufacturing of cannabis products that includes extracting the THC from the cannabis plant is prohibited. Manufacturing of intoxicating CBD beverages is allowed as an accessory use only at breweries and distilleries, as long as the manufacturing process for the beverages does not involve the cannabis plant. Subd. 6. Exceptions. The sale of intoxicating CBD beverages that comply with subd. 5(1) is allowed at exclusive liquor stores and at breweries and distilleries that manufacture their own CBD beverages on -site. The sale of CBD beverages in appropriate packaging are exempt from the provisions of Subdivision 4. No on -site consumption is allowed at breweries and distilleries without a license from the Office of Cannabis Management. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 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 ordinance amendment allows manufacturing of CBD-infused beverages as an accessory use at breweries and distilleries and allows the sale of CBD-infused beverages at off -sale liquor establishments. SECTION 3 INTERIM ORDINANCE STILL IN EFFECT. This ordinance amendment is solely limited to the allowance of THC-infused beverages containing less than 0.3% THC and does not terminate the interim ordinance that was adopted on August 2, 2023, which is still in force and effect. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 17th day of October, 2023, ATTE T.- Beth Wolf, City Clerk CITY OF I LW ER •r• Ted Kozlowski, Mayor 2 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Brandi Botts being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/20/2023 and the last insertion being on 10/20/2023. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper, complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agf Subscribed and sworn to or affirmed before me on 10/20/2023 by Brandi Botts. Notary Public s�4Veni'1NV �x DARLENE MARIE MACPHERSON =�*.,.. y. NOTARY PUBLIC - MINNESOTA @i... � [" My Commission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF STILLWATER ORDINANCE NO. 1205 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: The ordinance amendment allows manufacturing of CBD-infused beverages as an acces- sory use at breweries and distilleries and allows the sale of CBD-infused beverages at off -sale liquor establishments. Approved this 171h day of October, 2023. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette October 20, 2023 1348975 Ad ID 1348975