City Council Ordinance 835ORDINANCE NO. 835
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF MONTICELLO?
TITLE XV: LAND USAGE, CHAPTER 153: ZONING
AND
TITLE IX: GENERAL REGULATIONS, CHAPTER 96: GATHERINGS PROVIDING FOR THE
REGULATION OF TEMPORARY CANNABIS -RELATED EVENTS AND ESTABLISHING REGULATIONS
FOR CANNABIS AND LOWER -POTENCY HEMP PRODUCTS PURSUANT TO MINN. STAT. 342
IT IS HEREBY ORDAINED by the City Council of the City of Monticello, Minnesota:
Section 1. Section §153.012 DEFINITIONS shall be amended to add the following:
CANNABIS -RELATED BUSINESSES. Unless otherwise noted in this section, words
and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant
to any of these acts, shall have the same meanings in this ordinance.
(a) Cannabis Cultivation: A cannabis business licensed by the State to grow
cannabis plants within the approved amount of space from seed or immature
plant to mature plant, harvest cannabis flower from mature plant, package and
label immature plants and seedlings and cannabis flower for sale to other
cannabis businesses, transport cannabis flower to a cannabis manufacturer
located on the same premises, or perform other actions approved by the office,
for either adult use or medical use.
(b) Cannabis Retail Businesses: A business enterprise that is licensed by OCM for
one of the following cannabis -related uses: A cannabis retailer, or the location(s)
of a mezzobusiness with a retail operations endorsement, or the retail locations
of a microbusiness with a retail operations endorsement, medical cannabis
retailer, or a medical combination businesses operating a retail dispensary
location, (and excluding) lower -potency hemp edible retailers.
(c) Cannabis Industrial Business: A business enterprise that is licensed by OCM
for one of the following cannabis -related uses: (1) Cultivator; (2) Manufacturer;
(3) Wholesaler; (4) Transporter; (5) Testing Facility; (6) Delivery Service; (7)
Mezzobusiness; (8) Microbusiness; (9) any such business that conducts these
activities for Lower Potency Hemp enterprises; (10) any such business that
conducts these activities for Medical Cannabis enterprises; or (11) any other
cannabis -related business enterprise that is not expressly and solely a retail
business.
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(d) Daycare: A location licensed with the Minnesota Department of Human
Services to provide the care of a child in a residence outside the child's own
home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
(e) Lower -potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
(f) Office of Cannabis Management: Minnesota Office of Cannabis Management,
referred to as "OCM" in this ordinance.
(g) Place of Public Accommodation: A business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind, whether
licensed or not, whose goods, services, facilities, privileges, advantages or
accommodations are extended, offered, sold, or otherwise made available to the
public.
(h) Preliminary License Approval: OCM pre -approval for a cannabis business
license for applicants who qualify under Minn. Stat. 342.17.
(i) Residential Treatment Facility: As defined under Minn. Stat. Chapter 245(G).
(j) Retail Registration: An approved registration issued by the City to a state -
licensed cannabis retail business.
(k) School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic
school that must meet the reporting requirements under Minn. Stat. 120A.24.
(1) State License: An approved license issued by the State of Minnesota's Office
of Cannabis Management to a cannabis retail business.
Section 2. Section §153.090 USE TABLE, shall be amended to add Table 5-1C: Cannabis
Business Uses
See Exhibit A — Table 5-1C: Cannabis Business Uses
Section 3. Section §153.091(A) General regulations applicable to all uses shall be amended
to add the following:
(4) Cannabis -related businesses.
(a) Findings and Purpose.
1. The City of Monticello (hereinafter "City") makes the following
legislative findings: The purpose of this ordinance is to implement
the provisions of Minnesota Statutes, chapter 342, which
authorizes the City to protect the public health, safety, welfare of
City residents by regulating cannabis businesses within the legal
boundaries of City.
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2. The City finds and concludes that the proposed provisions are
appropriate and lawful land use regulations for City, 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.
(b) Authority & Jurisdiction
1. The City has the authority to adopt this ordinance pursuant to:
a. Minn. Stat. 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.
b. Minn. Stat. 342.22, regarding the local registration and
enforcement requirements of state -licensed cannabis retail
businesses and lower -potency hemp edible retail businesses,
subject to any Joint Powers Agreement with Wright County
which explicitly supersedes these regulations.
c. Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in
public places.
d. Minn. Stat. 462.357, regarding the authority of a local
authority to adopt zoning ordinances.
(c) Any cannabis -related business or lower -potency hemp edible business
licensed by the State of Minnesota under Minn. Stat. 342 shall be subject to the
following requirements, in addition to any specific standards in this section, and
other reasonable regulations required as a condition of any zoning permit issued
for such uses.
1. No cannabis -related business use shall operate outside of the hours of
operation established by Minn. Stat. 342, or those established by the City
of Monticello, whichever is more restrictive.
2. No cannabis related business use shall operate or occur on property
used for residential purpose
3. No cannabis -related business use shall create odors that are detectable
beyond the property lines of such use.
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4. The facility shall display its state issued license on the interior of the
facility, visible to the public, at all times.
5. No person or facility shall dispose of cannabis or cannabis -containing
products in an unsecured waste receptacle not in possession and control
of the licensee and designed to prohibit unauthorized access.
6. All cultivation, processing, storage, display, sales or other distribution
of cannabis shall occur within an enclosed building and shall not be
visible from the exterior of the building.
7. Outdoor storage is prohibited for all cannabis -related uses.
8. Cannabis -related business uses shall comply with the City of
Monticello's sign regulations.
9. Cannabis -related business uses shall comply with all other applicable
standards of the Monticello zoning ordinance and City Code.
10. Buffers. No cannabis -related business use shall be located closer to
any property occupied by any of the following uses, measured as a
horizontal distance from the closest point of the property on which the
cannabis business is located to the closest point of the property occupied
by:
a. School: 1,000 feet.
b. Daycare: 500 feet from any day care facility that is located in
a zoning district where cannabis businesses are not allowed.
This buffer shall not apply to day care facilities that are
located in a zoning district in which a cannabis business is
allowed.
c. Residential Treatment Facility: 500 feet.
d. Public Park: 500 feet from attractions within a public park
regularly used by minors. Public parks included shall be as
identified in the City's most currently adopted Park System or
Master Plan. This buffer shall not apply to sidewalks or trails,
or other public lands.
Section 4. Section §153.091(E) Regulations for commercial uses shall be amended to add
the following:
(7) Cannabis Retail Business. Including Cannabis Retailer, Medical Cannabis Retailer,
Medical Cannabis Combination Business with Retail Location, Cannabis Microbusiness
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Retail Location, and Cannabis Mezzobusiness Retail Location shall be subject to the
following standards:
(a) Cannabis Retailers as enumerated above shall comply with all of the requirements of
Section 153.091(C).
(h) Any location of a Cannabis Retailer, Medical Cannabis Retailer, Medical Combination
Business Retail Location, Cannabis Microbusiness Retail location or Cannabis
Mezzobusiness Retail location in a B-3 or B-4 zoning district shall have a license or
endorsement allowing for retail sales at that location from the State of Minnesota
OCM.
(e) The combination of retail cannabis sales and any other cannabis business as a
"microbusiness" or "mezzobusiness" shall be considered a single business entity for
purposes of signage allowances.
(d) No cannabis -related business shall permit consumption of any product on -site,
except by Conditional Use Permit, subject to the following conditions:
1. The facility shall only be located in the B-3 or B-4 zoning district.
2. If the facility is a part of a multi -tenant building, the facility shall ensure that
no odors from smoke or other on -site activities can detectable outside of the
facility.
3. Consumption may be allowed only indoors, located in a specified area
physically separated from other retail floor space.
(e) No Cannabis -related business with a retail component or endorsement shall provide
delivery of its product to retail customers unless expressly allowed by a State
license, except that Medical Cannabis Retailers may make deliveries to their
customers with valid medical prescriptions.
(t) Receipt of cannabis products by a retail customer shall only occur within the building
establishment and shall not occur through any outside pick-up or drive -through
delivery process.
Section 5. Section §153.091(F) Regulations for industrial uses shall be amended to add the
following:
(7) Industrial Cannabis Businesses. Including the following cannabis -related uses:
(1) Cultivator; (2) Manufacturer; (3) Wholesaler; (4) Transporter; (5) Testing Facility; (6)
Delivery Service; (7) Mezzobusiness; (8) Microbusiness; (9) any such business that
conducts these activities for Lower Potency Hemp enterprises; (10) any such business
that conducts these activities for Medical Cannabis enterprises; or (11) any other
cannabis -related business enterprise that is not expressly and solely a retail business,
shall be subject to the following standards:
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(a) Industrial Cannabis Businesses shall comply with all of the requirements of Section
153.091(C).
(b) The entire site other than that taken up by a building, structure, or plantings shall
be paved.
(c) A drainage system subject to the approval of the Community Development
Department shall be installed.
(d) The lighting shall be accomplished in such a way as to have no direct source of light
visible from adjacent land in residential use or from the public right-of-way and
shall be in compliance with § 153.063.
(e) In an 1-1 District, when abutting a residential use, the property shall be screened
with an opaque buffer (Table 4-2, Buffer Type "D") in accordance with §
153.060(G).
(f) In an 1-2 District, no parcel may be used for cannabis -related business if such parcel
abuts a residential district.
(g) All signing and informational or visual communication devices shall be minimized
and shall be in compliance with § 153.064.
(h) Provisions are made to control and reduce noise.
(i) Waste -handling equipment and processes shall be enclosed and indoors.
(j) No outside storage shall be allowed for any cannabis -related business. Parking of
delivery or transport vehicles shall occur only in designated spaces, and shall not be
considered outside storage.
(k) Cannabis cultivation uses as part of any Industrial Cannabis Business shall be
subject to the following additional requirements:
1. Cannabis Cultivators shall limit site and/or building lighting to ensure that light
at the property line is measured at 0.0 footcandles.
2. All lighting shall be hooded, downcast, and not create glare to any other
property.
3. All buildings shall comply with the City's zoning and building regulations, and be
adaptable to other non -cultivation use.
Section 6. Section §153.093(E) Specific Standards for temporary uses shall be amended to
add the following:
(12) Temporary Cannabis Events.
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(a) Any Temporary Cannabis Event shall comply with all requirements of § 96.21-
96.24, Special Event Permit, and § 96.25, Temporary Cannabis Events.
Section 7. Chapter 96 PUBLIC GATHERINGS shall be amended to add the following:
§ 96.25 TEMPORARY CANNABIS EVENTS.
A. Any Temporary Cannabis Event shall comply with all requirements of § 153.0931,
Temporary Uses.
B. Any Temporary Cannabis Event shall comply with all the requirements of this
Section, and all of the requirements of § 96.21-96.24, Special Event Permit.
C. No Temporary Cannabis Event shall be permitted except where the Event
organizer holds a valid Temporary Cannabis Event Organizer license from the State
of Minnesota Office of Cannabis Management.
D. No Temporary Cannabis Event that provides retail sales of any low -potency hemp
product may occur in any location other than a B-3 or B-4 zoning district, and shall
be subject to the buffer requirements as found in § 153.091 (A)(4)c. of this Code.
E. A Temporary Cannabis Event that does not allow retail sales or on -site
consumption may be held in other locations of the City, except that no such event
shall occur on property used for residential purposes.
F. No Temporary Cannabis Event shall allow smoking of any tobacco, cannabis, or
lower -potency hemp product.
G. A Temporary Cannabis Event may allow consumption of low -potency hemp
products that are ingestible as a beverage or as a product to be eaten provided the
event follows the requirements for such on -site consumption set forth in
Minnesota Statutes Chapter 342.
H. A Temporary Cannabis Event may occur on any property eligible under this
Section, whether such property is occupied by another principal use and/or
building, or such property is vacant.
Section 8. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official Monticello City Code, Title XV, Chapter 153, Zoning
Ordinance, and Title IX, Chapter 96, Public Gatherings and to renumber the
tables and chapters accordingly as necessary to provide the intended effect of
this Ordinance. The City Clerk is further directed to make necessary corrections
to any internal citations that result from said renumbering process, provided
that such changes retain the purpose and intent of the Zoning Ordinance as has
been adopted.
Section 9. This Ordinance shall take effect and be in full force from and after its passage
and publication. The ordinance in its entirety shall be posted on the City website
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after publication. Copies of the complete Ordinance are available online and
at Monticello City Hall for examination upon request.
ADOPTED BYthe Monticello City Council this 25t' day of November, 2024.
CITY OF MONTICELLO
�1
Lloyd Hilgart, Maior �J
ATTEST:
1
Gyyw4
J nnifer(.h eil)er, City Clerk
VOTING IN FAVOR: Gabler, Hilgart, Hinz, Martie and Murdoff
VOTING IN OPPOSITION: None
NOT PRESENT: None