City of Luverne adopts
Ordinance No. 56
ORDINANCE NO. 56, FOURTH SERIES
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LUVERNE TO AMEND CITY CODE CHAPTER 118. ZONING, CANNABIS BUSINESS REGULATIONS
THE CITY OF LUVERNE DOES HEREBY ORDAIN:
SECTION 1. That Section 118.05 Definitions is hereby amended as follows (new material is underlined; deleted material is lined out):
118.05 Definitions
(A) Unless otherwise noted in this Chapter, words and phrases contained in M.S. § 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this ordinance.
(8) Preliminary License Approval: An OCM-issued preliminary license pre-approval for a cannabis business license applicant for applicants who qualify qualifies under M.S. §§ 342.14 or 342.17, as evidenced by a document or other written communication from the OCM to the applicant.
Section 2. That Section 118.09 Application Submittal is hereby amended as follows:
118.09 Application Submittal.
(A) The Office of the City Administrator shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of M.S. § 342.22 and this chapter.
(1) An applicant for retail registration shall fill out an application form, as provided by the City. Said form shall include, but is not limited to:
(c) The address and parcel ID for the property which the retail registration is sought and, if applying with only a preliminary license approval issued by OCM and not a full license, evidence of interest or control of the property or premises for which the retail registration is sought;
(e) Full name, email address, and telephone number of the Resident Manager(s), if:
5. If an application is submitted with only a preliminary license approval issued by the OCM and not a valid license, the application may be considered complete without such Resident Manager information, but the applicant shall be required to provide the required Resident Manager information to the Office of the City Administrator prior to making any sales within the City.
(B) The applicant shall include with the form:
(7) Include operational plan, organizational structure, environmental sustainability and mitigation plans, interior floor plans of the buildings, odor control systems and suitability of the building for the use proposed, site plan as to parking, traffic movement and aesthetics;
a. Include documentation of a state business license; and
b. Include information of any bankruptcy proceeding involving the owner(s); and
c. Include documentation of all necessary licenses from the State to operate a cannabis establishment; and
d. Be signed by the owner(s) of the business.; and
If an application is submitted with only a preliminary license approval issued by the OCM and not a full license, the applicant shall submit the above information to the extent possible at the time of application and shall provide final copies of such information when the applicant provides the Office of the City Administrator a copy of the valid state license issued by the OCM pursuant to Subsection (E) below.
(8) Evidence of adequate coverage by commercial liability insurance which shall meet the following minimum limits of liability:
a. $1,500,000 each occurrence; and
b. $3,000,000 general aggregate; and
c. $3,000,000 products and completed operations aggregate.
If an application is submitted with only a preliminary license approval issued by the OCM and not a full license, the retail registration may be considered complete, but the applicant shall be required to submit a copy of the required certificate of insurance the Office of the City Administrator prior to making any sales within the City.
(E) If the City Council approves a retail registration application submitted with
a preliminary license approval and prior to the issuance of a license by the OCM
to the applicant, the applicant shall be required to submit a copy of a valid
state license issued by the OCM to the Office of the City Administrator and allow
an inspection be conducted pursuant to Section 118.10 of this chapter prior to
making any sales within the City.
Section 3. That Section 118.11 Application Submittal is hereby amended as follows:
118.11 Preliminary Inspection Prior to Retail Registration
(A) Prior to issuance of a cannabis retail business registration to an applicant
with a valid license from the OCM, the City shall conduct a preliminary inspec-
tion to ensure the cannabis retail business is in compliance with local ordinances.
If the City Council approves a retail registration application submitted by an
applicant with a preliminary license approval and prior to the issuance of a
license by the OCM to the applicant, the City shall conduct a preliminary inspec-
tion to ensure compliance with the requirements of this chapter and all other
applicable local ordinances after the applicant has submitted a copy of a valid
state license to the Office of the City Administrator pursuant to Section
118.09.
(E). The applicant shall not make sales within the City prior to the completion of
the preliminary inspection.
Section 4. This ordinance takes full force and effect seven (7) days after its
publication.
(07-31)
