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HomeMy WebLinkAboutX-C-01 1st Reading - Amend City Code Chapters 34.03, 95.98, 117, and 155 - Cannabis Regulations City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Kori Land, City Attorney Date: November 18, 2024 Item: Zoning Ordinance Amendments and City Code Ordinance Amendments for Cannabis and Lower-Potency Hemp Edible Uses Council Action Requested: Consider approval of first reading of Zoning Ordinance Amendments and City Code Ordinance Amendments for Cannabis and Lower-Potency Hemp Edible Uses Background Information: The Council discussed the zoning ordinance classifications for cannabis uses at a workshop on October 7 and November 4 and provided direction on placement of these uses in the various zoning districts as well as the registration process. The Planning Commission held a public hearing on the Zoning Ordinance amendments October 18 and recommended approval with one suggestion related to removing the park buffer surrounding the Downtown Core. The Council approved that recommendation and further asked to see two new options for retail cannabis uses by modifying the park buffer. We will present those options to you for your consideration and request final direction. The other ordinance that we will see approval is to repeal the City’s lower-potency licensing ordinance and replace it with a registration process. There are tangential ordinances to address odors and a modification to the Fee Schedule that will also need your consideration and approval. Discussion: Zoning Ordinance Amendments: State law created 13 cannabis and lower-potency edible businesses, but in the zoning ordinance, we will refer to the uses instead of the business names. It is likely that a cannabis business with multiple operations such as micro or mezzo businesses will diversify X-C-01 Cannabis Uses – Zoning & City Code November 18, 2024 Page 2 operations, conducting cultivation, manufacturing, and retail on different properties, but under one OCM business license. Below is a chart that identifies the uses into the zoning districts as directed by the Council. Type of Cannabis Use C1 C2 C3 DC MU C4 I1 I2 Ag Lower potency hemp edible retail beverages only with on-sale or off-sale liquor license P P P P P P Lower potency hemp edible retail (that do not have on- sale or off-sale liquor license) CUP CUP CUP Cannabis retail CUP CUP CUP Cannabis Manufacturing, Production, Processing, Testing, and Warehousing CUP CUP Lower-Potency Manufacturer (with brewery, distillery) CUP CUP CUP CUP Cannabis Wholesale with no product stored on site CUP CUP Cannabis Cultivator (indoor or outdoor) CUP CUP CUP Buffer Zones for Cannabis Uses: • 1,000’ between cannabis uses • 500’ from a school • 500’ from a residential treatment facility • 500’ from residential properties for manufacturing of cannabis • 1,000’ from an attraction within a park used by minors (exempt for Downtown Core and reduced to 500’ for manufacturing uses) X-C-01 Cannabis Uses – Zoning & City Code November 18, 2024 Page 3 Buffer Zones for Lower-Potency Hemp Edible Retail Uses: • 500’ between lower-potency hemp edible retail uses and from all other cannabis uses • No other distance restrictions Retail Use Lower-Potency Hemp Edible Retail: Map 1 shows the Zoning Districts where lower- potency retail uses can be located. The stars mark the locations of the current businesses who have a license to sell lower-potency edibles. Any business with a liquor license (on or off-sale) will be able to sell lower-potency beverages because the lower-potency hemp edible beverages will be permitted uses in zoning districts where liquor can be sold, with no buffer restrictions. The businesses that choose to sell them will be required to get a license from OCM and register with the City, but no separate zoning approval will be required. Adult-Use Cannabis Retail (Dispensaries): Map 2 Option 1 shows the original version of the Zoning Districts where cannabis retail uses can be located. It has the 1,000-foot buffer from schools and park attractions where minors congregate and a 500-foot buffer from residential treatment facilities and commercial day cares. There is no park buffer to the DC District. Based on the discussion at the November 4 workshop the Council requested that the day care buffer be removed and requested to see 2 new maps to reduce the impact of the park buffer on the C3 zoning district. To that end, the following maps have been prepared: • Map 2 Option 2 The park buffer does not cross Highway 55 or Highway 61 • Map 2 Option 3 The park buffer has been reduced to 500’ and it does not cross Highway 55 or Highway 61 The areas outside of the bubbles are where the cannabis retail uses could be located. The Council should decide which map they prefer, and the words of the ordinance will be modified accordingly. Lower-Potency Hemp Edible Manufacturing/Processing/Warehousing or Cannabis Manufacturing/Processing/Warehousing: Map 3 shows the Zoning Districts and locations where these “industrial” type uses can be located. Cultivation: Map 4 shows all of the areas where cultivation can occur, which has no buffers, except for a 1,000-foot buffer between cannabis uses. X-C-01 Cannabis Uses – Zoning & City Code November 18, 2024 Page 4 City Code Ordinance Amendments: Registration: We currently have a licensing requirement for lower-potency edible retail businesses. With the new approval process outlined in state law, licensing will be taken over by OCM, and the City will only be allowed to register lower-potency and cannabis uses. The anticipated license approval process from OCM is as follows: Application Process: A registration application must be approved by the City if the applicant meets certain criteria: 1. Is in compliance with this chapter and all zoning requirements; 2. Has paid the registration fee; 3. Is current on all property taxes and assessments; 4. Has a State License issued by OCM for the business being negotiated; and 5. Is current on payment of all other City fees and charges. Unlike for City licenses, the City is not allowed to conduct a background investigation on the applicants. The registration term runs Jan. 1 – Dec. 31 and must be renewed annually. In addition, registrations are not transferrable from person to person or place to place. Compliance checks will be conducted annually for all lower-potency hemp edible and beverage retail and cannabis retail businesses. Penalties for violations of underage sales is up to $2,000 per violation. For businesses with health or safety violations, no financial penalty can be imposed but the City can suspend the business registration for up to 30 days. OCM will conduct an investigation and will make a determination to either rescind the Cannabis Business applies to OCM OCM vets the application and grants preliminary approval OCM sends zoning confirmation request to City City responds within 30 days or it is deemed compliant •If non-compliant, applicant must correct deficiencies If compliant, OCM issues license and Cannabis Business must register with the City X-C-01 Cannabis Uses – Zoning & City Code November 18, 2024 Page 5 suspension or revoke the license. The City will not be able to unilaterally revoke a registration for a violation of the City Code or State Law. Cap on Cannabis Retail: The City is allowed to cap the number of cannabis retail businesses (dispensary, microbusiness with retail endorsement, mezzobusiness with retail endorsement) at 1 per every 12,500 residents. According to the State Demographer in 2022, the City of Hastings had a population of 22,153 residents. The cap only applies to “adult-use” cannabis retail and does not limit the number of lower-potency hemp edible retailers, beverages or medical cannabis combination retailers or any other types of cannabis uses. Event Organizers: The City cannot require Event Organizers to register with the City, but all cannabis Event Organizers must receive Council approval for each event, so we added provisions for approval of cannabis and lower-potency hemp edible special event permits. These special event permits apply to both special events that only have cannabis and lower-potency hemp edible vendors (“Weed Dabbler”) as well as to any event at which a cannabis or lower- potency hemp edible vendor that wants to be part of a larger special event, such as Rivertown Days. The ordinance requires cannabis events to take place on private property unless they obtain Council approval. OCM will be issuing licenses for special event organizers and has very specific statutory submission requirements about the logistics of the event. However, proof of City approval is required before OCM will issue such a special event license. Therefore, the ordinance requires the same information that will be submitted to OCM so that the City can review the plan first before it is submitted to OCM to ensure it will be a safe and enjoyable event for the community. The submission requirements in the ordinance are nearly identical to the state statute requirements regarding asking for the location of the event, including a diagram and layout showing vendor areas, retail areas, consumption areas, product and waste storage, a list of all the vendors, the dates and hours of the event, the requirement for contracted security and other provisions. The City is also requiring insurance for on-site consumption and payment of an escrow fee to recover any City expenses incurred during the event, if necessary. (additional police security, additional barricades to control the consumption area, etc.) Fee Ordinance Amendment: The City will require all cannabis and lower-potency hemp edible businesses to register with the City. Each business will pay a registration fee pursuant to the capped state regulations as shown on the attached ordinance amendment. The City can only collect half of the State license fee or a cap of $500 for initial registration and $1,000 for renewal, whichever is less. In addition, we are recommending including a permit and escrow fee for cannabis events. Odor Ordinance Cannabis and lower-potency hemp edible uses cannot be a nuisance and one of the nuisances that has been identified in other states is odor. Both the storage of cannabis as X-C-01 Cannabis Uses – Zoning & City Code November 18, 2024 Page 6 well as the manufacturing process have unique and offensive odors. However, so as not to only address cannabis uses, we have prepared an odor ordinance that will apply to any odor in the city. The ordinance is based on an ordinance that was recently upheld by the Federal Court of Appeals as being Constitutional and non-discriminatory. It has objective measuring standards, specific criteria for when odor becomes a nuisance and penalties to address businesses that have unresolved odor issues. Action Requested: Discuss and consider approving the First Reading of Zoning Ordinance Amendments, City Code Registration Amendment, Fee Schedule Ordinance Amendment and Odor Ordinance. Attachments: • Map 1 – Lower Potency Retail Sales • Map 2 Option 1 – Adult use Retail Sales and wholesale products with 1,000’ buffer zones • Map 2 Option 2 – Adult use Retail Sales and wholesale products with 1,000’ buffer zones that terminate at Highways 55 and 61 • Map 2 Option 3 – Adult use Retail Sales and wholesale products with 500’ buffer zones that terminate at Highways 55 and 61 • Map 3 – Cultivator, Micro, Mezzo, Manufacturing with buffers • Map 4 – Cultivator Only • Zoning Ordinance Amendment • Registration Ordinance Amendment • Fee Schedule Ordinance Amendment • Odor Ordinance Amendment X-C-01 HWY 55 15TH ST W PINE ST 160TH ST E 316 VERMILLION ST VERMILLION RD 2ND ST W 18TH ST E 10TH ST E GENERAL SIEBEN DR PLEASANT DR 150TH ST E JORGEN AVE HWY 61 NININGER RD REDWING BLVD LEDUC DR RAVENNA TRL VERMILLION ST HWY 55 GENERAL SIEBEN DR GENERAL SIEBEN DR VERMILLION ST PLEASANT DR Lake Isabel Mississippi River £¤55 £¤316 Existing THC Licenses Zoning to allow lower potency retail sales C-3 Community Regional Commerce C-4 Regional Shopping Center DC Downtown Core City Limits Current License Holders ^_Caring Hands Massage and Spa ^_H Tobacco ^_Smokey's Tobacco - Pending ^_Westview Smokes 500ft Buffer - Lower-potency retail businesses Proposed zoning to allow for lower potency retail sales with 500ft Buffers X-C-01 HWY 55 15TH ST W PINE ST 316 VERMILLION ST 160TH ST E HWY 61 GENERAL SIEBEN DR RAVENNA TRL NININGER RD V E R M I L L I O N R D 2ND ST W 18TH ST E 10TH ST E PLEASANT DR GL ENDALE RD L E D UC D R JORGEN AVE R E D WIN G B L V D HWY 55 VERMILLION ST PLEASANT DR £¤55 $+47Adult use Retail Sales 500ft Buffer - Residential Treatment Facility 500ft Buffer - School 1,000ft buffer - Day care in Commercial 1,000ft Buffer - Park Attractions City LimitsZoning to allow Adult use Retail SalesDC C-3 Adult UseRetail Sales Not including micro, mezzo, medical combo C-4 ¤£61 X-C-01 HWY 55 15TH ST W PINE ST VERMILLION ST 160TH ST E 316 V E R MILLIO N R D NININGER RD RAVENNA TRL 2ND ST W 18TH ST E 10TH ST E PLEASANT DR GENERAL SIEBEN DR L E D UC D R JORGEN AVE R E D WIN G BLV D HWY 55 PLEASANT DR VERMILLION ST GENERAL SIEBEN DR £¤61 £¤55 $+47 Adult use Retail Sales 500 ft Buffer - Residential Treatment Facility 500 ft Buffer - School 1000 ft Buffer (up to highways) - Park Attractions City LimitsZoning to allow Adult use Retail SalesDCC-4 C-3 Adult UseRetail Sales Not including micro, mezzo, medical combo X-C-01 HWY 55 15TH ST W PINE ST 316 VERMILLION ST 160TH ST E GENERAL SIEBEN DR V E R MILLIO N R D RAVENNA TRL 2ND ST W NININGER RD 18TH ST E 10TH ST E PLEASANT DR L E D UC D R JORGEN AVE R E D WIN G BLV D HWY 55 PLEASANT DR £¤61 £¤55 $+47 Adult use Retail Sales 500 ft Buffer - Residential Treatment Facility 500 ft Buffer - School 500 ft Buffer (up to highways) - Park Attractions City LimitsZoning to allow Adult use Retail SalesDCC-4 C-3 Adult UseRetail Sales Not including micro, mezzo, medical combo X-C-01 PINE ST VERMILLION ST RAVENNA TRL GL EN DALE RD 15TH ST W 2ND ST W 18TH ST E 10TH ST E V E R M I L L I O N R D LEDUC DR HWY 55 R E D WIN G B L V D VERMILLION ST HWY 55 Cultivator, Micro, Mezzo, Manufacturing 1,000ft Buffer - School 500ft Buffer - Park Attractions 500ft Buffer - ResidentialZoning to allow the usesI-1 Industrial ParkI-2 Industrial Park Storage/ Service City Limits Cultivator, Micro, Mezzo,Manufacturing Industrial Zoning X-C-01 HWY 55 15TH ST W HWY 61 NININGER RD PINE ST 160TH ST E 316 GLENDALE RD RAVENNA TRLVERMILLION ST V E R M I L L I O N R D 2ND ST W 18TH ST E 10TH ST E PLEASANT DR 150TH ST E REDWING BLVD JORGEN AVE L E D U C D R GENERAL SIEBEN DR PLEASANT DR R E D W IN G B LV D £¤61$+47 Cultivator Zoning to allow the usesA AgriculturalI-1 Industrial ParkI-2 Industrial Park Storage/ Service City Limits CultivatorIndustrial and Agricultural Zoning £¤55 $+42 $+46 £¤61 $+54 $+91 X-C-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2024-___ An Ordinance of the City of Hastings Amending City Code Chapter 155: Zoning Code Regarding Cannabis Uses and Lower-Potency Hemp Edible Uses BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE SECTION 155.07.J. IS REPEALED AND REPLACED AS FOLLOWS: 155.07 Special Provisions J. Cannabis Uses and Lower-Potency Hemp Edible Uses. All cannabis and lower-potency hemp edible uses must comply with the requirements of this section. 1. Definitions. Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minnesota Statutes Section 342.01, or as amended, apply unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply: CANNABIS BUSINESS. Any of the following businesses: a. Cannabis microbusiness; b. Cannabis mezzobusiness; c. Cannabis cultivator; d. Cannabis manufacturer; e. Cannabis retailer; f. Cannabis wholesaler; g. Cannabis transporter; h. Cannabis testing facility; i. Cannabis event organizer; j. Cannabis delivery service; k. Lower-potency hemp edible manufacturing; l. Lower-potency hemp edible retailer; or m. Medical cannabis combination business. CANNABIS USE OR CANNABIS INDUSTRY. Every item, product, person, process, action, business, or other thing related to cannabis flower and cannabis products. OFFICE OF CANNABIS MANAGEMENT or OCM. The Minnesota Office of Cannabis Management. RESIDENTIAL TREATMENT FACILITY. A 24-hour-a-day program under the treatment supervision of a mental health professional, in a community residential setting other than X-C-01 an acute care hospital or regional treatment program for adults with mental illness under chapter 245I, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by the commissioner. SCHOOL. A public school as defined in Minnesota Statutes Section 120A.05 or nonpublic school that meets the reporting requirements under Minnesota Statutes Section 120A.24. STATE LICENSE. An approved license issued by the Minnesota Office of Cannabis Management to a cannabis and lower-potency hemp edible business. 2. Outdoor Cultivation. Any cannabis business that includes outdoor cultivation, such as cannabis cultivator, microbusiness, or mezzobusiness must comply with the following: a. A minimum of twenty (20) contiguous acres is required for the portion of the property that will be dedicated to cultivation. b. The cannabis plants must be setback a minimum of three hundred feet (300’) from the property lines. c. There must be fencing of six feet (6’) around the perimeter and a landscaped or screened buffer is required to be placed outside of the fence but within the setback area, which may consist of a berm, trees, or combination thereof. d. The cannabis plants cannot be visible from any public right of way. e. No retail sales shall be allowed at the same location as any business with an outdoor cultivation business license. 3. Indoor Cultivation (greenhouses, hoop houses). Any cannabis business that includes indoor cultivation enclosed in structures, such as, but not limited to greenhouses or hoop houses. Requirements surrounding the lighting and illumination within the structures, including hours shall be included of the conditional use permit. 4. Manufacturing, production, testing or processing of cannabis or wholesale (if products stored on site). Must comply with the following performance standards: a. No exterior storage is allowed, including storage of products in semis or trailers that are parked outside of an enclosed building. b. All mechanical, odor suppression equipment and trash enclosures must be screened and approved as part of a site plan approval. 5. Performance Standards. All cannabis businesses must comply with the following: a. Retail sales of cannabis and lower-potency hemp edible products are permitted from 10:00 a.m. to 9:00 p.m., seven days a week. Retail sales of lower-potency beverages associated with an on-sale or off-sale liquor license are permitted during the hours of operation of the associated liquor license. b. No cannabis use shall be allowed as part of any Adult Use Establishment business, as defined in City Code Section 114.21. c. Cannabis uses cannot violate City Code Chapter 95 regarding public nuisances. X-C-01 d. Distance Restrictions. Distances from a cannabis use or lower-potency hemp edible use are measured from the storefront of a retail use and from the property line of all other cannabis uses, and shall comply as provided below. (1) There must be at least one thousand feet (1,000’) between each cannabis use. (2) The location of the use must be located: (a) More than five hundred feet (500’) from a school as measured from property line of the school to the use; (b) More than five hundred feet (500’) from a residential treatment facility, as measured from the property line of the facility to the use; (c) More than one thousand feet (1,000’) from an attraction within a public park that is regularly used by minors, such as, but not limited to a playground, athletic field, athletic court, picnic area or restrooms, pavilion or park building, disc golf features, as each is measured from the location of the public park attraction to the use. However, such distance restriction shall not extend across Highway 61 or Highway 55 but shall terminate if it intersects with such highways. (d) All buildings used for manufacturing, production, testing, processing, or warehousing of cannabis must be setback a minimum of five hundred feet (500’) from a residential zoning district or residential use as measured from the property line of the cannabis use to the property line of the nearest residential zoning district or residential use. (3) Exceptions to distance restrictions: (a) Lower-potency hemp edible retail uses shall be five hundred feet (500’) from other lower-potency hemp edible retail uses and five hundred feet (500’) from all other cannabis uses but otherwise shall be exempt from the distance requirements in City Code 155.07.J.5.e.(2). (b) On-sale and off-sale liquor establishments selling lower-potency beverages and that have a lower-potency hemp edible City Registration and State License shall be exempt from the distance requirements in City Code 155.07.J.5.e.(1) and 155.07.J.5.e.(2) and they do not count against other uses for purposes of City Code 155.07.J.5.e.(1). (c) Manufacturing, production, testing, processing, or warehousing of cannabis have a reduced distance requirement of five hundred feet (500’) from the public park attraction distance requirements found in City Code 155.07.J.5.e.(2)(c). (d) Cannabis retail uses located east of Vermillion Street and north of 4th Street and west of Bailey Street in the DC Downtown Core or C-3 Community Regional Commerce zoning districts shall be exempt from the distance requirements of City Code 155.07.J.5.e.(2)(c). X-C-01 (e) Cannabis cultivation uses shall comply with the distance requirements in City Code 155.07.J.5.e.(1) but shall be exempt from the distance requirements in City Code 155.07.J.5.e.(2). e. Signs must comply with the standards in City Code 155.08 for the relevant zoning district in which the business is located, except for the following: (1) No cannabis use shall have more than two (2) signs; (2) Blinking, moving, and flashing signs that are visible from the exterior of the building are prohibited; (3) No lower-potency hemp edible use shall advertise the lower-potency hemp edible products on more than one (1) exterior sign; (4) No interior sign shall be visible from the exterior of the building. f. Cannabis uses must meet the minimum parking requirements for each type of use as stated in City Code for that use, for example, retail must meet the retail requirements, manufacturing must meet the manufacturing parking requirements. If there is a combination of uses at the same location, the use that requires the largest number of spaces must be met. g. A security plan must be submitted to and approved by the Chief of Police to address security issues in order to protect the public health, safety, and general welfare. The security plan must include, but is not limited to, addressing issues surrounding parking, traffic, securing of monetary transactions, building security and alarm systems both internal and external, screening, lighting, window and door placement, landscaping, and hours of operation. SECTION 2. HASTINGS CITY CODE SECTION 155.21 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.21 A Agriculture D. Uses By Special Permit. 5. Cannabis, medical cannabis, and hemp growing, cultivating or farming operations, indoor or outdoor, pursuant to the following conditions: a. A minimum of one hundred (100) twenty (20) contiguous acres under single ownership is required for the operation use. b. The operator must be licensed by the State of Minnesota. c. The sale of products is not permitted on the same property as the operation use. SECTION 3. HASTINGS CITY CODE IS AMENDED by adding Cannabis, Lower-potency edible beverages sold as part of an on-sale or off-sale liquor license as Permitted Uses to Sections 155.29.B., 155.30.B., 155.31.B., and 155.34.B, subject to the provisions of Section 155.07.J. X-C-01 SECTION 4. HASTINGS CITY CODE SECTION 155.30 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.30 C3 Community Regional Commerce C. Uses by Special Permit. 10. Cannabis retailer, edible retailer, medical retailer, and edible cannabis distribution facility that comply with the requirements in City Code Section 155.07.J. Lower-potency edible retail use not associated with on-sale or off-sale liquor license and that complies with the requirements in City Code Section 155.07.J. 11. Cannabis retail, not associated with any other cannabis use on the same property and that complies with the requirements of City Code Section 155.07.J. 12. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and that complies with the requirements of City Code Section 155.07.J. SECTION 5. HASTINGS CITY CODE SECTION 155.31 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.31 DC Downtown Core C. Uses by Special Permit. 9. Lower-potency edible retail uses not associated with on-sale or off-sale liquor license that comply with the requirements in City Code Section 155.07.J. 10. Cannabis retail, not associated with any other cannabis use on the same property and that complies with the requirements of City Code Section 155.07.J; 11. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and that complies with the requirements of City Code Section 155.07.J. SECTION 6. HASTINGS CITY CODE SECTION 155.32 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.32 C-4 Regional Shopping Center C. Uses By Special Permit. 6. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution facility that comply with the requirements of City Code Section 155.07.J.; X-C-01 SECTION 7. HASTINGS CITY CODE SECTION 155.34 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.34 I-1 Industrial Park C. Uses By Special Permit. 4. Cannabis, medical cannabis or hemp manufacturer, testing facility, wholesaler and processor. Manufacturing, production, testing, processing, or warehousing of cannabis or lower-potency hemp edibles and that complies with the requirements of City Code Section 155.07.J; 5. Cannabis wholesale without on site storage of cannabis products and that complies with the requirements of City Code Section 155.07.J; 6. Cannabis, indoor or outdoor cultivation use and that complies with the requirements of City Code Section 155.07.J; 4.7. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and that complies with the requirements of City Code Section 155.07.J. SECTION 8. HASTINGS CITY CODE SECTION 155.35 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.35 I-2 Industrial Park Storage/Service D. Uses By Special Permit. 6. Manufacturing, production, testing, processing, or warehousing of cannabis and that complies with the requirements of City Code Section 155.07.J; 7. Cannabis wholesale without onsite storage of cannabis products and that complies with the requirements of City Code Section 155.07.J; 8. Cannabis, indoor or outdoor cultivation and that complies with the requirements of City Code Section 155.07.J. SECTION 9. 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 _______________, 2024 enacts cannabis and lower-potency hemp edible use performance standards in the Zoning Code; and amends uses with special permits to include cannabis and lower-potency hemp edible uses in accordance with Minnesota State Statutes Sections 342 and 151.72. This Ordinance shall be effective upon seven (7) days after its passage and publication. X-C-01 Adopted by the Hastings City Council on this ___ day of __________, 2024 by the following vote: CITY OF HASTINGS _____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk X-C-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2024-___ An Ordinance of the City of Hastings Repealing and Replacing City Code Chapter 117: Cannabis Business Registration BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE CHAPTER 117 IS REPEALED AND REPLACED AS FOLLOWS: CHAPTER 117 CANNABIS AND LOWER-POTENCY HEMP EDIBLE BUSINESS REGISTRATION 117.01 Purpose. The purpose of this chapter is to implement the provisions of Minnesota Statutes Chapter 342, which authorizes cities to protect the public health, safety, and welfare of residents by regulating cannabis and lower-potency hemp edible businesses within its jurisdiction. 117.02 Definitions. Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minnesota Statutes Section 342.01, or as amended, apply, unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply: CANNABIS EVENT. A temporary event organized by a Cannabis Event Organizer at which cannabis products or lower-potency hemp edible products are sold by vendors. Such Cannabis Event may be comprised solely of cannabis and lower-potency hemp edible vendors or may be part of a larger event at which cannabis and lower-potency hemp edible vendors wish to participate. OFFICE OF CANNABIS MANAGEMENT or OCM. The Minnesota Office of Cannabis Management. STATE LICENSE. An approved license issued by the Minnesota Office of Cannabis Management to a cannabis and lower-potency hemp edible business. 117.03 Registration Required. Before operating a business licensed by OCM the business must register with the City. Applications shall be submitted on the forms provided by the City Clerk, and all applicants shall comply with the process below. All applications shall be considered and approved or denied by the City Council. 117.04 Cap on Registrations. The City will not issue more than one (1) cannabis retail registration per 12,500 residents, as determined by the most recent state demographer’s estimate. This cap on retail registrations does not apply to a medical cannabis combination business or lower-potency hemp edibles retailer. X-C-01 117.05 Application Process. All applicants must: A. Complete the registration form provided by the City; B. Pay the non-refundable registration fee for the type of license for which the business is applying; and C. Provide a copy of all State Licenses issued by OCM. 117.06 Fees. A. No registration shall be issued under this chapter until the appropriate fees are paid in full. The fee for a registration under this chapter shall be set by ordinance. B. All fees are nonrefundable and shall not be pro-rated. C. At the time of the initial registration, the initial registration fee and the renewal fee shall be due and payable. D. For the first renewal of the registration, no additional registration fee shall be required. Beginning with the second renewal, and each subsequent renewal thereafter, the renewal registration fee shall be paid at the time of renewal. 117.07 Approval. The City Council must take action on each new and renewal registration application within a reasonable time following receipt of the recommendation from City staff regarding the application. At the City Council meeting at which the application is considered, the registration will be approved by the City Council if the applicant: A. Is in compliance with this chapter and all zoning requirements; B. Has paid the registration fee; C. Is current on all property taxes and assessments; D. Has a State License issued by OCM for the business requested; and E. Is current on payment of all other City fees and charges. 117.08 Exceptions. No registration shall be required for an Event Organizer licensed by OCM who intends to conduct a Cannabis Event within the City; however, each Cannabis Event must be approved by the City Council through a Cannabis Event permit. The Council may add reasonable conditions to the permit, may reduce the number of days for the event, prohibit outdoor activity and/or restrict or prohibit on-site consumption, in order to protect the public health, safety, and general welfare. The Event Organizer shall submit an application as provided by the City Clerk. The Cannabis Event permit application shall include: A. A copy of the Event Organizer’s license by OCM or a copy of the license application submitted to OCM; B. Payment of the permit and escrow fees; X-C-01 C. The location, including address, Property Identification Numbers and ownership information of the property upon which the Cannabis Event is proposed to take place, including a diagram of the physical layout of the event, all entrances and exits that will be used by cannabis participants and vendors, the consumption areas, retail sales areas, location where cannabis waste will be stored and where any cannabis products will be stored. No Cannabis Event will be permitted on public property or in a public park without Council approval; D. If the Cannabis Event is part of a larger event, signed consent from the organization sponsoring the larger event; E. A list of the names, number and type of cannabis businesses and lower-potency hemp edible businesses that will sell cannabis and lower-potency hemp products; F. A sworn statement that the Event Organizer is responsible for and will comply with the operational requirements imposed by the permit, state law, including Minn. Stat. 342.40 subd. 7 and any regulatory rules applicable to the Cannabis Event; G. The dates and hours of the Cannabis Event (may be up to 4 consecutive days); H. A security plan that has been approved by the Police Chief, including the name of the contracted licensed security personnel that complies with Minn. Stat. Section 342.40 subd. 3; I. If on-site consumption is proposed, a detailed plan for complying with Minn. Stat. Section 342.40 subd. 8 regarding such activity. The City Council may approve or deny on-site consumption of cannabis as part of the permit in its sole discretion, based on the circumstances of the specific cannabis event requested. If approved, the Event Organizer shall provide of copy of an insurance certificate for the Cannabis Event issued by an insurance company authorized to do business in the State of Minnesota, with coverage of at least $50,000 per person and $100,000 per occurrence. J. Payment of an escrow fee for any expenses that may be incurred by the city during the Cannabis Event. Any unused escrow will be returned to the applicant following an accounting of expenses incurred by the City during the Cannabis Event. The Event Organizer shall be responsible for any costs incurred by the City that exceed the escrow amount. 117.09 Renewal Process A. Registration renewals are issued in the same manner and subject to the same conditions as a new registration application. A cannabis business shall apply to renew its registration on a form established by the City. B. Before renewing a registration, the City may enter and inspect the cannabis business to ensure that the cannabis business is in compliance with this chapter, the zoning ordinance, and state laws. 117.10 Registration Term. The registration term begins on January 1 and ends on December 31. 117.11 Premises Covered by Registration. Unless otherwise authorized by this Code, the registration for the business is only effective for the compact and contiguous space specified in the approved registration application. X-C-01 117.12 No Transfer or Assignment of Registration or Location. A registered business shall not transfer or assign a registration to another person or entity or move to a different location without completing a new application and paying the appropriate fees. 117.13 Prohibited Acts. The owner or operator of a registered business is responsible for the conduct of their place of business and the conditions of order in it. The act of an employee of the premises is deemed the act of the owner or operator as well, and the owner or operator is responsible for all penalties provided by this chapter equally with the employee. A. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any product to any person under the age of twenty-one (21), including cannabinoids derived from hemp. B. It shall be unlawful for any person under the age of twenty-one (21) to possess any product. This chapter shall not apply to persons under the age of twenty-one (21) lawfully involved in a compliance check, including cannabinoids derived from hemp. C. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any 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 product. E. No product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. F. No one under the age of twenty-one (21) shall sell products. G. Products cannot be sold in vending machines, through a drive-through window or as part of a home occupation. H. On-site consumption is prohibited at lower-potency hemp edible retail and cannabis retail businesses, except for lower-potency hemp products that are consumed as a beverage at an on-sale liquor establishment. I. It shall be unlawful to sell, purchase, obtain, possess, or provide products with Delta-10 THC. J. No products shall be visible from the exterior of the building. 117.14 Compliance Checks and Inspections. All registered premises must be open to inspection by the local law enforcement or other authorized City official during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks on retail businesses by engaging persons between the ages of seventeen (17) and twenty-one (21) years, to enter the premises to attempt to purchase products. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false X-C-01 identification misrepresenting the person’s age, and all persons lawfully engaged in a compliance check may answer all questions about the person’s age and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 117.15 Violations A. Civil Penalties. If the City determines that a registered business made a sale to a customer or patient without a valid retail registration, the City may impose a civil penalty of up to $2,000 for each violation. B. Suspension. If the City determines that a business with a registration is not operating in compliance with the City Code or zoning ordinance, or that the operation of the business poses an immediate threat to the health or safety of the public, the City, through the Director of the Department of Public Safety, may immediately suspend the registration for up to thirty (30) days. The City will notify the business and the OCM in writing of the suspension, stating the grounds for the suspension. The OCM will investigate and may extend the period of suspension, revoke the registration, or order the reinstatement of the registration, or take any other action described in Minnesota Statutes Section 342.19 or 342.21. 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 _____________, 2024 repeals and replaces the City’s policies on Intoxicating CBD Product sales licensing with Lower-Potency Cannabis and Cannabis Business registration to reflect Minnesota State Statutes Sections 342 and 151.72. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this ___ day of _______, 2024 by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS _____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh, City Clerk X-C-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2024-___ An Ordinance of the City of Hastings Amending City Code Chapter 34: Fees Regarding Cannabis and Lower-Potency Hemp Edible Businsesses BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE CHAPTER 34, SECTION 34.03 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): Use, Sales, and Operations of Cannais and Hemp Businesses Investigation Fee $500.00 One time Cannabis Product Retail License $500.00 Initial and First Renewal $1,000.00 Subsequent Renewals Annual (Calendar Year) Manufacturing/Testing/ Processing/Wholesale License $200.00 Annual (Calendar Year) Registration and Permits for Cannabis and Lower-Potency Hemp Edible Businesses Microbusiness $00.00 Initial $1,000.00 Renewal Annual (Calendar Year) Mezzobusiness $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Cultivator $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Manufacturer $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Retailer $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Wholesaler $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Transporter $250.00 Initial $500.00 Renewal Annual (Calendar Year) Cannabis Testing Facility $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Delivery Service $250.00 Initial $500.00 Renewal Annual (Calendar Year) Lower-Potency Hemp Edible Manufacturer $500.00 Initial $500.00 Renewal Annual (Calendar Year) Lower-Potency Hemp Edible Retailer (per retail location) $125.00 Initial $125.00 Renewal Annual (Calendar Year) X-C-01 Medical Cannabis Combination $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Event Permit $250.00 $5,000.00 Escrow One time 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 City Clerk Fee Schedule in Section 34.03 is amended by removing Uses, Sales, and Operations of Cannabis and Hemp Businesses License Fees, and adding Registration Fees and permit fee for all Cannabis and Lower-Potency Hemp Edible Uses. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this ___ day of _______, 202_____, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS _____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ___ day of ________________, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk X-C-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2024-___ An Ordinance of the City of Hastings Enacting City Code Chapter 95.98: Odors BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE CHAPTER 95, SECTION 95.98 IS ENACTED AS FOLLOWS 95.98 Odors A. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BEST PRACTICABLE ODOR CONTOL TECHNOLOGY. Means the utilization of those technologies, processes, procedures, or operating methods by an industry, facility, or source which results in the most cost-effective means of mitigation of odors from an odor emission point source. CITY ADMINISTRATOR. Means the Hastings City Administrator or his or her designee. CITY ENGINEER. Means the Hastings City Engineer or his or her designee. INITIAL TEST OR INITIAL TESTING. Means an odor test or series of tests conducted in order to establish a baseline odor level. NASAL RANGER®. Means the Nasal Ranger® Field Olfactometer, a portable odor detecting and measuring device developed by St. Croix Sensory or such comparable device or technology that is approved by the city council. ODOR. Means that which produces a response of the human sense of smell to an odorous substance. ODOR MANAGEMENT PLAN. Means a plan submitted by an industry, facility, or source to the city. ODOR COMPLAINT. Means a notification received by the city from a person who identifies his or her name and address and the location, description and duration of the odor. The release of such information regarding the identity of the complainant is governed by the Minn. Stat. Ch. 13, the Minnesota Government Data Practices Act. ODOR EMISSION. Means the release of offensive gases, fumes, and vapors into the atmosphere by an industry, facility or source which is determined by the city to cause unreasonable injury, nuisance or annoyance to the public. OWNER. Means the owner, operator, occupant, tenant or other person who is responsible for any operation, business or profession, or who exercises control over real property. PROPERTY. Means any real property, premises, structure or location within the city. X-C-01 SIGNIFICANT ODOR GENERATOR. Means an industry, facility or source that generates seven verifiable odor complaints in a six-month period or that the city has determined the industry, facility or source is the cause of odor emissions resulting in significant odor complaints. VERIFIED ODOR COMPLAINT. Means that the city administrator has confirmed the industry, facility or source of the odor emission that precipitated the complaint, by using the Nasal Ranger® to detect and measure odor. A dilution-to-threshold ratio as measured by the Nasal Ranger® of seven odor units or above (or such comparable measurements for a different device or technology that is approved by the city council) is deemed to be a verified odor complaint. B. It shall be unlawful for any owner of property located within the city to cause or allow odor emissions that: 1. Create odors or smells which are offensive or obnoxious to another person within the city; or 2. Create a detrimental effect on the property of another person in the city; or 3. Unreasonably interfere with the enjoyment of life, health, safety, peace, comfort, or property of another person in the city. C. Odor Testing. Odor testing may be conducted by the city or an independent consultant on any property that may be a potential odor source. Testing may be conducted based on complaints or based on a planned odor monitoring study. D. Designation as a significant odor generator. After reviewing the results of odor testing, if the property produces odor emissions that generate seven verifiable odor complaints in a six-month period, the city administrator or designee may determine that a property shall be designated as a significant odor generator and shall notify the property owner of the designation. E. Appeal. Any property that is designated as a significant odor generator may file an appeal in writing by following the process contained in City Code 10.25.C. F. Odor management plan. If the property is designated as a significant odor generator, then within 90 days of notice of designation by the city, the property owner shall work with the city to develop an odor management plan using the best practicable odor control technology in order to mitigate and comply with this ordinance. The city may grant an extension for up to an additional 90 days to submit the odor management plan, upon sufficient evidence and cause for such extension. The odor management plan shall: 1. Identify and explain the odor source(s); 2. Describe the best practicable odor technology to manage the odors generated; 3. Provide a detailed plan on any proposed operational changes to the existing odor control equipment in order to control and mitigate the odors being generated; 4. Establish a timeline for development and implementation of an engineer-approved treatment technology, which includes monitoring instrumentation and equipment to ensure future compliance. X-C-01 5. Be kept on file with the city. G. Compliance. 1. Compliance shall be achieved when the property owner has completed the installation, start-up and operation of the best practicable odor control technology in accordance with the odor management plan and follow-up testing has determined the results have significantly improved since the initial test. 2. At such time that the property has achieved compliance with the odor management plan and has received no verifiable odor complaints for a period of 12 months, the property shall be removed from the significant odor generator classification. H. Non-compliance. If the city administrator determines after follow-up testing that the results at the property have not improved, or if odor complaints continue, the property owner shall be required to meet with the city administrator on at least a quarterly basis to develop a new odor management plan. Such meetings and follow-up testing shall continue until the city administrator determines that the results at the property have improved. If non-compliance continues for a period of 12 months, the city may impose penalties pursuant to this chapter. I. Re-classification as a significant odor generator. A property that was previously classified as a significant odor generator but was removed from the classification due to compliance may be re- classified as a significant odor generator if it generates three verifiable odor complaints in a 90- day period. It shall then be required to comply with section F. establishing a new odor management plan and section H. requiring quarterly meetings. A property re-classified as a significant odor generator will not be removed from the classification until it meets the compliance requirements in section G. J. Penalty. Failure to comply with the requirements in this section or failure to meet the obligations contained in the odor management plan, unless the failures are determined by the city administrator to be beyond the control of the significant odor generator or the result of an accident or unexpected and unforeseen events, shall result in a penalty pursuant to City Code 10.25 or 10.99, or the city may pursue any other legal or equitable remedies available to the city. In addition, any follow-up testing required due to compliance failure shall be paid for by the property owner. 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 Nuisances Chapter 95 of the Hastings City Code is to be amended by adding Section 95.98, Odors. This Ordinance shall be effective upon seven (7) days after its passage and publication. X-C-01 Adopted by the Hastings City Council on this ___ day of _______, 2024, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh, City Clerk X-C-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2024-___ An Ordinance of the City of Hastings Repealing and Replacing City Code Chapter 117: Cannabis Business Registration BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE CHAPTER 117 IS REPEALED AND REPLACED AS FOLLOWS: CHAPTER 117 CANNABIS AND LOWER-POTENCY HEMP EDIBLE BUSINESS REGISTRATION 117.01 Purpose. The purpose of this chapter is to implement the provisions of Minnesota Statutes Chapter 342, which authorizes cities to protect the public health, safety, and welfare of residents by regulating cannabis and lower-potency hemp edible businesses within its jurisdiction. 117.02 Definitions. Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minnesota Statutes Section 342.01, or as amended, apply, unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply: CANNABIS EVENT. A temporary event organized by a Cannabis Event Organizer at which cannabis products or lower-potency hemp edible products are sold by vendors. Such Cannabis Event may be comprised solely of cannabis and lower-potency hemp edible vendors or may be part of a larger event at which cannabis and lower-potency hemp edible vendors wish to participate. OFFICE OF CANNABIS MANAGEMENT or OCM. The Minnesota Office of Cannabis Management. STATE LICENSE. An approved license issued by the Minnesota Office of Cannabis Management to a cannabis and lower-potency hemp edible business. 117.03 Registration Required. Before operating a business licensed by OCM the business must register with the City. Applications shall be submitted on the forms provided by the City Clerk, and all applicants shall comply with the process below. All applications shall be considered and approved or denied by the City Council. 117.04 Cap on Registrations. The City will not issue more than one (1) cannabis retail registration per 12,500 residents, as determined by the most recent state demographer’s estimate. This cap on retail registrations does not apply to a medical cannabis combination business or lower-potency hemp edibles retailer. X-C-01 117.05 Application Process. All applicants must: A. Complete the registration form provided by the City; B. Pay the non-refundable registration fee for the type of license for which the business is applying; and C. Provide a copy of all State Licenses issued by OCM. 117.06 Fees. A. No registration shall be issued under this chapter until the appropriate fees are paid in full. The fee for a registration under this chapter shall be set by ordinance. B. All fees are nonrefundable and shall not be pro-rated. C. At the time of the initial registration, the initial registration fee and the renewal fee shall be due and payable. D. For the first renewal of the registration, no additional registration fee shall be required. Beginning with the second renewal, and each subsequent renewal thereafter, the renewal registration fee shall be paid at the time of renewal. 117.07 Approval. The City Council must take action on each new and renewal registration application within a reasonable time following receipt of the recommendation from City staff regarding the application. At the City Council meeting at which the application is considered, the registration will be approved by the City Council if the applicant: A. Is in compliance with this chapter and all zoning requirements; B. Has paid the registration fee; C. Is current on all property taxes and assessments; D. Has a State License issued by OCM for the business requested; and E. Is current on payment of all other City fees and charges. 117.08 Exceptions. No registration shall be required for an Event Organizer licensed by OCM who intends to conduct a Cannabis Event within the City; however, each Cannabis Event must be approved by the City Council through a Cannabis Event permit. The Council may add reasonable conditions to the permit, may reduce the number of days for the event, prohibit outdoor activity and/or restrict or prohibit on-site consumption, in order to protect the public health, safety, and general welfare. The Event Organizer shall submit an application as provided by the City Clerk. The Cannabis Event permit application shall include: A. A copy of the Event Organizer’s license by OCM or a copy of the license application submitted to OCM; B. Payment of the permit and escrow fees; X-C-01 C. The location, including address, Property Identification Numbers and ownership information of the property upon which the Cannabis Event is proposed to take place, including a diagram of the physical layout of the event, all entrances and exits that will be used by cannabis participants and vendors, the consumption areas, retail sales areas, location where cannabis waste will be stored and where any cannabis products will be stored. No Cannabis Event will be permitted on public property or in a public park without Council approval; D. If the Cannabis Event is part of a larger event, signed consent from the organization sponsoring the larger event; E. A list of the names, number and type of cannabis businesses and lower-potency hemp edible businesses that will sell cannabis and lower-potency hemp products; F. A sworn statement that the Event Organizer is responsible for and will comply with the operational requirements imposed by the permit, state law, including Minn. Stat. 342.40 subd. 7 and any regulatory rules applicable to the Cannabis Event; G. The dates and hours of the Cannabis Event (may be up to 4 consecutive days); H. A security plan that has been approved by the Police Chief, including the name of the contracted licensed security personnel that complies with Minn. Stat. Section 342.40 subd. 3; I. If on-site consumption is proposed, a detailed plan for complying with Minn. Stat. Section 342.40 subd. 8 regarding such activity. The City Council may approve or deny on-site consumption of cannabis as part of the permit in its sole discretion, based on the circumstances of the specific cannabis event requested. If approved, the Event Organizer shall provide of copy of an insurance certificate for the Cannabis Event issued by an insurance company authorized to do business in the State of Minnesota, with coverage of at least $50,000 per person and $100,000 per occurrence. J. Payment of an escrow fee for any expenses that may be incurred by the city during the Cannabis Event. Any unused escrow will be returned to the applicant following an accounting of expenses incurred by the City during the Cannabis Event. The Event Organizer shall be responsible for any costs incurred by the City that exceed the escrow amount. 117.09 Renewal Process A. Registration renewals are issued in the same manner and subject to the same conditions as a new registration application. A cannabis business shall apply to renew its registration on a form established by the City. B. Before renewing a registration, the City may enter and inspect the cannabis business to ensure that the cannabis business is in compliance with this chapter, the zoning ordinance, and state laws. 117.10 Registration Term. The registration term begins on January 1 and ends on December 31. 117.11 Premises Covered by Registration. Unless otherwise authorized by this Code, the registration for the business is only effective for the compact and contiguous space specified in the approved registration application. X-C-01 117.12 No Transfer or Assignment of Registration or Location. A registered business shall not transfer or assign a registration to another person or entity or move to a different location without completing a new application and paying the appropriate fees. 117.13 Prohibited Acts. The owner or operator of a registered business is responsible for the conduct of their place of business and the conditions of order in it. The act of an employee of the premises is deemed the act of the owner or operator as well, and the owner or operator is responsible for all penalties provided by this chapter equally with the employee. A. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any product to any person under the age of twenty-one (21), including cannabinoids derived from hemp. B. It shall be unlawful for any person under the age of twenty-one (21) to possess any product. This chapter shall not apply to persons under the age of twenty-one (21) lawfully involved in a compliance check, including cannabinoids derived from hemp. C. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any 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 product. E. No product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. F. No one under the age of twenty-one (21) shall sell products. G. Products cannot be sold in vending machines, through a drive-through window or as part of a home occupation. H. On-site consumption is prohibited at lower-potency hemp edible retail and cannabis retail businesses, except for lower-potency hemp products that are consumed as a beverage at an on-sale liquor establishment. I. It shall be unlawful to sell, purchase, obtain, possess, or provide products with Delta-10 THC. J. No products shall be visible from the exterior of the building. 117.14 Compliance Checks and Inspections. All registered premises must be open to inspection by the local law enforcement or other authorized City official during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks on retail businesses by engaging persons between the ages of seventeen (17) and twenty-one (21) years, to enter the premises to attempt to purchase products. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false X-C-01 identification misrepresenting the person’s age, and all persons lawfully engaged in a compliance check may answer all questions about the person’s age and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 117.15 Violations A. Civil Penalties. If the City determines that a registered business made a sale to a customer or patient without a valid retail registration, the City may impose a civil penalty of up to $2,000 for each violation. B. Suspension. If the City determines that a business with a registration is not operating in compliance with the City Code or zoning ordinance, or that the operation of the business poses an immediate threat to the health or safety of the public, the City, through the Director of the Department of Public Safety, may immediately suspend the registration for up to thirty (30) days. The City will notify the business and the OCM in writing of the suspension, stating the grounds for the suspension. The OCM will investigate and may extend the period of suspension, revoke the registration, or order the reinstatement of the registration, or take any other action described in Minnesota Statutes Section 342.19 or 342.21. 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 _____________, 2024 repeals and replaces the City’s policies on Intoxicating CBD Product sales licensing with Lower-Potency Cannabis and Cannabis Business registration to reflect Minnesota State Statutes Sections 342 and 151.72. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this ___ day of _______, 2024 by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS _____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh, City Clerk X-C-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2024-___ An Ordinance of the City of Hastings Amending City Code Chapter 155: Zoning Code Regarding Cannabis Uses and Lower-Potency Hemp Edible Uses BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE SECTION 155.07.J. IS REPEALED AND REPLACED AS FOLLOWS: 155.07 Special Provisions J. Cannabis Uses and Lower-Potency Hemp Edible Uses. All cannabis and lower-potency hemp edible uses must comply with the requirements of this section. 1. Definitions. Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minnesota Statutes Section 342.01, or as amended, apply unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply: CANNABIS BUSINESS. Any of the following businesses: a. Cannabis microbusiness; b. Cannabis mezzobusiness; c. Cannabis cultivator; d. Cannabis manufacturer; e. Cannabis retailer; f. Cannabis wholesaler; g. Cannabis transporter; h. Cannabis testing facility; i. Cannabis event organizer; j. Cannabis delivery service; k. Lower-potency hemp edible manufacturing; l. Lower-potency hemp edible retailer; or m. Medical cannabis combination business. CANNABIS USE OR CANNABIS INDUSTRY. Every item, product, person, process, action, business, or other thing related to cannabis flower and cannabis products. OFFICE OF CANNABIS MANAGEMENT or OCM. The Minnesota Office of Cannabis Management. RESIDENTIAL TREATMENT FACILITY. A 24-hour-a-day program under the treatment supervision of a mental health professional, in a community residential setting other than X-C-01 an acute care hospital or regional treatment program for adults with mental illness under chapter 245I, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by the commissioner. SCHOOL. A public school as defined in Minnesota Statutes Section 120A.05 or nonpublic school that meets the reporting requirements under Minnesota Statutes Section 120A.24. STATE LICENSE. An approved license issued by the Minnesota Office of Cannabis Management to a cannabis and lower-potency hemp edible business. 2. Outdoor Cultivation. Any cannabis business that includes outdoor cultivation, such as cannabis cultivator, microbusiness, or mezzobusiness must comply with the following: a. A minimum of twenty (20) contiguous acres is required for the portion of the property that will be dedicated to cultivation. b. The cannabis plants must be setback a minimum of three hundred feet (300’) from the property lines. c. There must be fencing of six feet (6’) around the perimeter and a landscaped or screened buffer is required to be placed outside of the fence but within the setback area, which may consist of a berm, trees, or combination thereof. d. The cannabis plants cannot be visible from any public right of way. e. No retail sales shall be allowed at the same location as any business with an outdoor cultivation business license. 3. Indoor Cultivation (greenhouses, hoop houses). Any cannabis business that includes indoor cultivation enclosed in structures, such as, but not limited to greenhouses or hoop houses. Requirements surrounding the lighting and illumination within the structures, including hours shall be included of the conditional use permit. 4. Manufacturing, production, testing or processing of cannabis or wholesale (if products stored on site). Must comply with the following performance standards: a. No exterior storage is allowed, including storage of products in semis or trailers that are parked outside of an enclosed building. b. All mechanical, odor suppression equipment and trash enclosures must be screened and approved as part of a site plan approval. 5. Performance Standards. All cannabis businesses must comply with the following: a. Retail sales of cannabis and lower-potency hemp edible products are permitted from 10:00 a.m. to 9:00 p.m., seven days a week. Retail sales of lower-potency beverages associated with an on-sale or off-sale liquor license are permitted during the hours of operation of the associated liquor license. b. No cannabis use shall be allowed as part of any Adult Use Establishment business, as defined in City Code Section 114.21. c. Cannabis uses cannot violate City Code Chapter 95 regarding public nuisances. X-C-01 d. Distance Restrictions. Distances from a cannabis use or lower-potency hemp edible use are measured from the storefront of a retail use and from the property line of all other cannabis uses, and shall comply as provided below. (1) There must be at least one thousand feet (1,000’) between each cannabis use. (2) The location of the use must be located: (a) More than five hundred feet (500’) from a school as measured from property line of the school to the use; (b) More than five hundred feet (500’) from a residential treatment facility, as measured from the property line of the facility to the use; (c) More than one thousand feet (1,000’) from an attraction within a public park that is regularly used by minors, such as, but not limited to a playground, athletic field, athletic court, picnic area or restrooms, pavilion or park building, disc golf features, as each is measured from the location of the public park attraction to the use. However, such distance restriction shall not extend across Highway 61 or Highway 55 but shall terminate if it intersects with such highways. (d) All buildings used for manufacturing, production, testing, processing, or warehousing of cannabis must be setback a minimum of five hundred feet (500’) from a residential zoning district or residential use as measured from the property line of the cannabis use to the property line of the nearest residential zoning district or residential use. (3) Exceptions to distance restrictions: (a) Lower-potency hemp edible retail uses shall be five hundred feet (500’) from other lower-potency hemp edible retail uses and five hundred feet (500’) from all other cannabis uses but otherwise shall be exempt from the distance requirements in City Code 155.07.J.5.e.(2). (b) On-sale and off-sale liquor establishments selling lower-potency beverages and that have a lower-potency hemp edible City Registration and State License shall be exempt from the distance requirements in City Code 155.07.J.5.e.(1) and 155.07.J.5.e.(2) and they do not count against other uses for purposes of City Code 155.07.J.5.e.(1). (c) Manufacturing, production, testing, processing, or warehousing of cannabis have a reduced distance requirement of five hundred feet (500’) from the public park attraction distance requirements found in City Code 155.07.J.5.e.(2)(c). (d) Cannabis retail uses located east of Vermillion Street and north of 4th Street and west of Bailey Street in the DC Downtown Core or C-3 Community Regional Commerce zoning districts shall be exempt from the distance requirements of City Code 155.07.J.5.e.(2)(c). X-C-01 (e) Cannabis cultivation uses shall comply with the distance requirements in City Code 155.07.J.5.e.(1) but shall be exempt from the distance requirements in City Code 155.07.J.5.e.(2). e. Signs must comply with the standards in City Code 155.08 for the relevant zoning district in which the business is located, except for the following: (1) No cannabis use shall have more than two (2) signs; (2) Blinking, moving, and flashing signs that are visible from the exterior of the building are prohibited; (3) No lower-potency hemp edible use shall advertise the lower-potency hemp edible products on more than one (1) exterior sign; (4) No interior sign shall be visible from the exterior of the building. f. Cannabis uses must meet the minimum parking requirements for each type of use as stated in City Code for that use, for example, retail must meet the retail requirements, manufacturing must meet the manufacturing parking requirements. If there is a combination of uses at the same location, the use that requires the largest number of spaces must be met. g. A security plan must be submitted to and approved by the Chief of Police to address security issues in order to protect the public health, safety, and general welfare. The security plan must include, but is not limited to, addressing issues surrounding parking, traffic, securing of monetary transactions, building security and alarm systems both internal and external, screening, lighting, window and door placement, landscaping, and hours of operation. SECTION 2. HASTINGS CITY CODE SECTION 155.21 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.21 A Agriculture D. Uses By Special Permit. 5. Cannabis, medical cannabis, and hemp growing, cultivating or farming operations, indoor or outdoor, pursuant to the following conditions: a. A minimum of one hundred (100) twenty (20) contiguous acres under single ownership is required for the operation use. b. The operator must be licensed by the State of Minnesota. c. The sale of products is not permitted on the same property as the operation use. SECTION 3. HASTINGS CITY CODE IS AMENDED by adding Cannabis, Lower-potency edible beverages sold as part of an on-sale or off-sale liquor license as Permitted Uses to Sections 155.29.B., 155.30.B., 155.31.B., and 155.34.B, subject to the provisions of Section 155.07.J. X-C-01 SECTION 4. HASTINGS CITY CODE SECTION 155.30 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.30 C3 Community Regional Commerce C. Uses by Special Permit. 10. Cannabis retailer, edible retailer, medical retailer, and edible cannabis distribution facility that comply with the requirements in City Code Section 155.07.J. Lower-potency edible retail use not associated with on-sale or off-sale liquor license and that complies with the requirements in City Code Section 155.07.J. 11. Cannabis retail, not associated with any other cannabis use on the same property and that complies with the requirements of City Code Section 155.07.J. 12. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and that complies with the requirements of City Code Section 155.07.J. SECTION 5. HASTINGS CITY CODE SECTION 155.31 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.31 DC Downtown Core C. Uses by Special Permit. 9. Lower-potency edible retail uses not associated with on-sale or off-sale liquor license that comply with the requirements in City Code Section 155.07.J. 10. Cannabis retail, not associated with any other cannabis use on the same property and that complies with the requirements of City Code Section 155.07.J; 11. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and that complies with the requirements of City Code Section 155.07.J. SECTION 6. HASTINGS CITY CODE SECTION 155.32 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.32 C-4 Regional Shopping Center C. Uses By Special Permit. 6. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution facility that comply with the requirements of City Code Section 155.07.J.; Formatted: Font: 11.5 pt Formatted: Normal, Justified, Indent: Left: 0.5", No bullets or numbering X-C-01 SECTION 7. HASTINGS CITY CODE SECTION 155.34 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.34 I-1 Industrial Park C. Uses By Special Permit. 4. Cannabis, medical cannabis or hemp manufacturer, testing facility, wholesaler and processor. Manufacturing, production, testing, processing, or warehousing of cannabis or lower-potency hemp edibles and that complies with the requirements of City Code Section 155.07.J; 5. Cannabis wholesale without on site storage of cannabis products and that complies with the requirements of City Code Section 155.07.J; 6. Cannabis, indoor or outdoor cultivation use and that complies with the requirements of City Code Section 155.07.J; 4.7. Lower-potency hemp edible manufacturing if part of a brewpub or microdistillery and that complies with the requirements of City Code Section 155.07.J. SECTION 8. HASTINGS CITY CODE SECTION 155.35 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): 155.35 I-2 Industrial Park Storage/Service D. Uses By Special Permit. 6. Manufacturing, production, testing, processing, or warehousing of cannabis and that complies with the requirements of City Code Section 155.07.J; 7. Cannabis wholesale without onsite storage of cannabis products and that complies with the requirements of City Code Section 155.07.J; 8. Cannabis, indoor or outdoor cultivation and that complies with the requirements of City Code Section 155.07.J. SECTION 9. 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 _______________, 2024 enacts cannabis and lower-potency hemp edible use performance standards in the Zoning Code; and amends uses with special permits to include cannabis and lower-potency hemp edible uses in accordance with Minnesota State Statutes Sections 342 and 151.72. This Ordinance shall be effective upon seven (7) days after its passage and publication. Formatted: Normal, Indent: Left: 0.5", Hanging: 0.25", Space After: 6 pt, No bullets or numbering, Tab stops: 0.5", Left Formatted: Font: 11.5 pt X-C-01 Adopted by the Hastings City Council on this ___ day of __________, 2024 by the following vote: CITY OF HASTINGS _____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk X-C-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2024-___ An Ordinance of the City of Hastings Amending City Code Chapter 34: Fees Regarding Cannabis and Lower-Potency Hemp Edible Businsesses BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE CHAPTER 34, SECTION 34.03 IS AMENDED AS FOLLOWS (new language is underlined, strikethrough language is deleted): Use, Sales, and Operations of Cannais and Hemp Businesses Investigation Fee $500.00 One time Cannabis Product Retail License $500.00 Initial and First Renewal $1,000.00 Subsequent Renewals Annual (Calendar Year) Manufacturing/Testing/ Processing/Wholesale License $200.00 Annual (Calendar Year) Registration and Permits for Cannabis and Lower-Potency Hemp Edible Businesses Microbusiness $00.00 Initial $1,000.00 Renewal Annual (Calendar Year) Mezzobusiness $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Cultivator $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Manufacturer $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Retailer $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Wholesaler $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Transporter $250.00 Initial $500.00 Renewal Annual (Calendar Year) Cannabis Testing Facility $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Delivery Service $250.00 Initial $500.00 Renewal Annual (Calendar Year) Lower-Potency Hemp Edible Manufacturer $500.00 Initial $500.00 Renewal Annual (Calendar Year) Lower-Potency Hemp Edible Retailer (per retail location) $125.00 Initial $125.00 Renewal Annual (Calendar Year) X-C-01 Medical Cannabis Combination $500.00 Initial $1,000.00 Renewal Annual (Calendar Year) Cannabis Event Permit $250.00 $5,000.00 Escrow One time 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 City Clerk Fee Schedule in Section 34.03 is amended by removing Uses, Sales, and Operations of Cannabis and Hemp Businesses License Fees, and adding Registration Fees and permit fee for all Cannabis and Lower-Potency Hemp Edible Uses. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this ___ day of _______, 202_____, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS _____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ___ day of ________________, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk X-C-01 CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2024-___ An Ordinance of the City of Hastings Enacting City Code Chapter 95.98: Odors BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: SECTION 1. HASTINGS CITY CODE CHAPTER 95, SECTION 95.98 IS ENACTED AS FOLLOWS 95.98 Odors A. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BEST PRACTICABLE ODOR CONTOL TECHNOLOGY. Means the utilization of those technologies, processes, procedures, or operating methods by an industry, facility, or source which results in the most cost-effective means of mitigation of odors from an odor emission point source. CITY ADMINISTRATOR. Means the Hastings City Administrator or his or her designee. CITY ENGINEER. Means the Hastings City Engineer or his or her designee. INITIAL TEST OR INITIAL TESTING. Means an odor test or series of tests conducted in order to establish a baseline odor level. NASAL RANGER®. Means the Nasal Ranger® Field Olfactometer, a portable odor detecting and measuring device developed by St. Croix Sensory or such comparable device or technology that is approved by the city council. ODOR. Means that which produces a response of the human sense of smell to an odorous substance. ODOR MANAGEMENT PLAN. Means a plan submitted by an industry, facility, or source to the city. ODOR COMPLAINT. Means a notification received by the city from a person who identifies his or her name and address and the location, description and duration of the odor. The release of such information regarding the identity of the complainant is governed by the Minn. Stat. Ch. 13, the Minnesota Government Data Practices Act. ODOR EMISSION. Means the release of offensive gases, fumes, and vapors into the atmosphere by an industry, facility or source which is determined by the city to cause unreasonable injury, nuisance or annoyance to the public. OWNER. Means the owner, operator, occupant, tenant or other person who is responsible for any operation, business or profession, or who exercises control over real property. PROPERTY. Means any real property, premises, structure or location within the city. X-C-01 SIGNIFICANT ODOR GENERATOR. Means an industry, facility or source that generates seven verifiable odor complaints in a six-month period or that the city has determined the industry, facility or source is the cause of odor emissions resulting in significant odor complaints. VERIFIED ODOR COMPLAINT. Means that the city administrator has confirmed the industry, facility or source of the odor emission that precipitated the complaint, by using the Nasal Ranger® to detect and measure odor. A dilution-to-threshold ratio as measured by the Nasal Ranger® of seven odor units or above (or such comparable measurements for a different device or technology that is approved by the city council) is deemed to be a verified odor complaint. B. It shall be unlawful for any owner of property located within the city to cause or allow odor emissions that: 1. Create odors or smells which are offensive or obnoxious to another person within the city; or 2. Create a detrimental effect on the property of another person in the city; or 3. Unreasonably interfere with the enjoyment of life, health, safety, peace, comfort, or property of another person in the city. C. Odor Testing. Odor testing may be conducted by the city or an independent consultant on any property that may be a potential odor source. Testing may be conducted based on complaints or based on a planned odor monitoring study. D. Designation as a significant odor generator. After reviewing the results of odor testing, if the property produces odor emissions that generate seven verifiable odor complaints in a six-month period, the city administrator or designee may determine that a property shall be designated as a significant odor generator and shall notify the property owner of the designation. E. Appeal. Any property that is designated as a significant odor generator may file an appeal in writing by following the process contained in City Code 10.25.C. F. Odor management plan. If the property is designated as a significant odor generator, then within 90 days of notice of designation by the city, the property owner shall work with the city to develop an odor management plan using the best practicable odor control technology in order to mitigate and comply with this ordinance. The city may grant an extension for up to an additional 90 days to submit the odor management plan, upon sufficient evidence and cause for such extension. The odor management plan shall: 1. Identify and explain the odor source(s); 2. Describe the best practicable odor technology to manage the odors generated; 3. Provide a detailed plan on any proposed operational changes to the existing odor control equipment in order to control and mitigate the odors being generated; 4. Establish a timeline for development and implementation of an engineer-approved treatment technology, which includes monitoring instrumentation and equipment to ensure future compliance. X-C-01 5. Be kept on file with the city. G. Compliance. 1. Compliance shall be achieved when the property owner has completed the installation, start-up and operation of the best practicable odor control technology in accordance with the odor management plan and follow-up testing has determined the results have significantly improved since the initial test. 2. At such time that the property has achieved compliance with the odor management plan and has received no verifiable odor complaints for a period of 12 months, the property shall be removed from the significant odor generator classification. H. Non-compliance. If the city administrator determines after follow-up testing that the results at the property have not improved, or if odor complaints continue, the property owner shall be required to meet with the city administrator on at least a quarterly basis to develop a new odor management plan. Such meetings and follow-up testing shall continue until the city administrator determines that the results at the property have improved. If non-compliance continues for a period of 12 months, the city may impose penalties pursuant to this chapter. I. Re-classification as a significant odor generator. A property that was previously classified as a significant odor generator but was removed from the classification due to compliance may be re- classified as a significant odor generator if it generates three verifiable odor complaints in a 90- day period. It shall then be required to comply with section F. establishing a new odor management plan and section H. requiring quarterly meetings. A property re-classified as a significant odor generator will not be removed from the classification until it meets the compliance requirements in section G. J. Penalty. Failure to comply with the requirements in this section or failure to meet the obligations contained in the odor management plan, unless the failures are determined by the city administrator to be beyond the control of the significant odor generator or the result of an accident or unexpected and unforeseen events, shall result in a penalty pursuant to City Code 10.25 or 10.99, or the city may pursue any other legal or equitable remedies available to the city. In addition, any follow-up testing required due to compliance failure shall be paid for by the property owner. 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 Nuisances Chapter 95 of the Hastings City Code is to be amended by adding Section 95.98, Odors. This Ordinance shall be effective upon seven (7) days after its passage and publication. X-C-01 Adopted by the Hastings City Council on this ___ day of _______, 2024, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh, City Clerk X-C-01