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HomeMy WebLinkAbout2025-07 ORD EST TEMP CANNABISNotice is hereby given that a public hearing will be held on the 25 day of August, 2025, at 7:00 p.m. or as soon thereafter as the matter may be heard to consider an ordinance related to Temporary Cannabis Events. City Council meetings are being conducted by electronic means under Minnesota Statutes, section 13D.021, and information on how to connect to the meeting is provided on the City's website. Please notify the City Clerk at 763-569-3308 if there are any questions about how to connect to the meeting. ORDINANCE NO. 2025-07 AN ORDINANCE ESTABLISHING CHAPTER 23-2750 TO REGULATE TEMPORARY CANNABIS EVENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article L Brooklyn Center City Code, Chapter 23 is amended by adding the following double - underlined language and deleting the following strieke language: Section 23-2750. TEMPORARY CANNABIS EVENT REGULATIONS Section 23-2751. PURPOSE AND FINDINGS. The City of Brooklyn Center makes the following legislative findings: A. Purpose. The purpose of this ordinance is to protect the public health, safety, and welfare in the City by implementing regulations pursuant to M.S. §342 related to cannabis and hemp businesses within the City. B. Findings, The City finds and concludes that these regulations are appropriate and lawful, that the proposed amendments will promote the community's interest in reasonable stability in the development and redevelopment of the City for now and in the future, and that the regulations are in the public interest and for the public good. Section 23-2752. DEFINITIONS. Unless otherwise noted in this section, words and phrases contained in M.S. §342.01 and the rules promulgated pursuant to any of these acts, shall have the same meaning in this ordinance. A. Applicant means individual or an organization applying for a Temporary Cannabis Event Permit as issued by the City of Brooklyn Center. B. Cannabinoid Products mean a cannabis product, a hemp derived consumer product, or a lower -potency hemp edible as defined in M.S. §342.01. C. Residential Treatment Facility means Any facility licensed or regulated by the Minnesota Department of Human Services that provides 24-hour-a-day care, lodging, or supervision outside a person's home and which also provides chemical dependency or mental health services. D. School means a public school, as defined in M.S. §120A.05, subd. 9, 11,13, and 17, or a nonpublic school, or church or religious organization in which a child is provided instruction in compliance with this section and M.S. § 120.24 but does not include a home school. E. Special Services mean the exclusive allocation of city resources, including, but not limited to, city personnel, equipment, rights -of -way, property or facilities for use in conjunction with a specific event or activity, as requested by the host or sponsor of the event, or as requested by or on behalf of any person attending the event, or deemed necessary by city staff in order to maintain public safety. Special Services shall include, but not be limited to, any of the following: street closures; requiring police officers to stop or reroute traffic; special police protection; stationing emergency vehicles at or in the immediate vicinity of the event; exclusive use of city streets or property as a staging area or for event parking; additional street cleaning and garbage removal services; special signage, such as temporary no parking signs; the use of any city building, equipment or other property for any purpose other than the normal operations of the facilities; or the City otherwise providing exclusive services. This definition also includes the definition of "Support Services" in Section 23- 2601(k). F. Temporary Cannabis Event means A special event, held on public or private property, hosted by an individual or an organization holding a Temporary Cannabis Event Organizer license issued under M.S. §342.39. G. Temporary Cannabis Event Organizer means an individual or an organization licensed by the State of Minnesota to hold a Temporary Cannabis Event, as described in M.S. §342.39 and 342.40. Section 23-2753. TEMPORARY CANNABIS EVENT, PERMIT REQUIRED. Any person or organization desiring to hold a Temporary Cannabis Event in the City must first obtain a Temporary Cannabis Event Permit. Section 23-2754. PERMIT APPLICATION. A. Form. Any person or organization desiring to hold a Temporary Cannabis Event in the City of Brooklyn Center must apply for a permit using the application provided. Incomplete applications will be returned to the applicant with details on how to make the application complete. In addition to other relevant information, the application must contain the following: 1. Applicant name, address, phone number; 2. Address of proposed Temporary Cannabis Event; 3. Dates and hours during which the Temporary Cannabis Event will take place; 4. Name of property owner, if different from applicant, and signature of property owner authorizing use of property for the Temporary Cannabis Event; 5. Name of the Temporary Cannabis Event; 6. A diagram of the Temporary Cannabis Event showing: a. The physical layout of the Temporary Cannabis Event showing where the event will take place on the grounds; b. All entrances and exits that will be used by participants during the event; c. All cannabis consumption areas, d. All cannabis retail areas where cannabis flower, cannabis products, lower -potency hemp edibles, and hemp -derived consumer products will be sold, e. The location where cannabis waste will be stored and any location where cannabis flower, cannabis products, lower -potency hemp edibles, and hemp -derived consumer products will be stored; f. Location and description of sanitary facilities meeting federal and state requirements; g. Location and description of solid waste disposal facilities meeting state and local regulations; h. Location and description of mobile food vending to be offered at the Temporary Cannabis Event; proof of license and permit for vending must be submitted at least seven days prior to the event and kept on site for immediate inspection. 7. A list of the name, number, and type of cannabis businesses and hemp businesses that will sell cannabis plants, adult -use cannabis flower, adult -use cannabis products, lower - potency hemp edibles, and hemp -derived consumer products at the event, which may be supplemented or amended within 72 hours of the time at which the cannabis event begins; 8. Security: In addition to meeting the requirements of M.S. §342.40, subd. 3, the City may require the applicant employ, at their own expense, additional security personnel necessary to protect maximum number of persons permitted to attend the event and to preserve order in and around event site as determined by the City. No permit shall be issued unless the City police and fire departments have approved the security plan. The Security Plan must also include mechanisms to alert the pubic regarding age, alcohol, and smoking restrictions. Applicant must also institute a check -point for age verification. 9. Emergency Plan: Applicant shall provide the City with an emergency plan that details procedures for managing or responding to emergencies as required by the Minnesota State Fire Code. In addition, for events where there is a possibility for more than 1,000 people to congregate, the applicant shall provide trained crowd managers. The minimum number of crowd managers shall be established at a ratio of one crowd manager to every 250 persons. Where approved by the official fire code, the ratio of crowd managers may be permitted to be reduced only when the facility is fully equipped with an approved automatic sprinkler system or based upon the nature of the event. The emergency plan and the number of crowd managers must be approved by the fire department. 10. Parking and Traffic Plan: The City will require the applicant to submit a parking and traffic plan, and provide, install, and remove all traffic control equipment if necessary. Applicants are required to pay all costs for traffic control measures and traffic control personnel. Applicants must provide individual property owner consent if the Special Event will have off -site parking. 11. A description of any Special Services, city personnel, city equipment and city property which the applicant requests the City to provide, including the applicant's estimate of the number and type needed, and the basis on which the estimate is made. Notwithstanding the foregoing, the City retains sole discretion to determine the number and type of Special Services required for the event. 12. Whether the Temporary Cannabis Event intends to permit on -site cannabis product consumption. 13. Whether the Temporary Cannabis Event Organizer intends to charge an entrance fee, and what the fee will be. 14. If the applicant proposes using sound amplification or a public address system or if there will be any playing of any music or musical instruments, the identity of the designated individual responsible for monitoring sound levels and the name and contact information for a person on -site during the event that will be able to respond to noise complaints. B. Time for filing. A Temporary Cannabis Event permit application must be filed with the City at least 45 days in advance of the date in which the Temporary Cannabis Event is to occur. Applications received less than 45 days in advance of the date of the event will be rejected. For events with anticipated attendance of 1000 people or more, a Temporary Cannabis Event permit application must be filed at least 90 days in advance of the date. Applications received less than 90 days in advance for an event that size will be rejected. C. Permit fee. An applicant for a Temporary Cannabis Event permit must pay a nonrefundable permit fee in the amount established by the City's fee schedule. D. One week (7 days) prior to the date of the event, the Temporary Cannabis Event Organizer must submit proof of state licensure. Failure to do so will result in automatic event cancellation. Section 23-2755. PERMIT APPLICATION REVIEW. A. Special Services. The City shall determine whether Special Services may be necessary, and the cost for such Special Services. This includes Support Services as defined in Section 23- 23601(k). B. Review. When a Temporary Cannabis Event will not require any Special Services, the City Manager, or their designee, may review and approve the permit application administratively. Temporary Cannabis Events may be presented to the City Council for review at the discretion of the City Manager or designee. In cases where a Temporary Cannabis Event requires Special Services, the application will be presented to the City Council for review. C. Imposition of Conditions. The City Manager, or their designee, may impose reasonable restrictions on the issuance of a Temporary Cannabis Event permit. D. Permit Denial. The City may deny an application for a Temporary Cannabis Event permit if it determines from a consideration of the application or other pertinent information, that: 1. The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail; 2. The applicant fails to supplement the application after having been notified by the City of additional information or documents needed; 3. The applicant fails to agree to abide or comply with all the conditions and terms of the Temporary Cannabis Event permit, including payment of all costs and expenses; 4. The applicant fails to provide a comprehensive security plan to the city. 5. The Temporary Cannabis Event would substantially or unnecessarily interfere with traffic in the City, would interfere with access to the fire station or fire hydrants, or would interfere with access to businesses or residences in the immediate vicinity of the event and there are not sufficient city resources available at the time of the event to mitigate the disruption; 6. The Temporary Cannabis Event is of the size or nature that requires the diversion of so many law enforcement officers to properly police the event, site and contiguous areas that allowing the Temporary Cannabis Event would unreasonably deny law enforcement protection to the remainder of the City and its residents; 7. The proposed date and time of the Temporary Cannabis Event conflicts with a previously scheduled event and there are not available at the time of the proposed Temporary Cannabis Event sufficient city resources to provide services for both events without substantially or unnecessarily interfering with police, fire, water, public works, or other services to the City as a whole; 8. The location of the Temporary Cannabis Event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way; 9. The Temporary Cannabis Event would likely endanger the public safety or health; 10. The Temporary Cannabis Event would substantially or unnecessarily interfere with police, fire, water, public works, or other services to the City as a whole and there are not available at the time of the proposed event sufficient city resources to mitigate the disruption; 11. The applicant fails to comply with the liability insurance requirements or the applicant's insurance lapses or is canceled; and 12. The applicant has on prior occasions made material misrepresentations regarding the nature and extent of Special Services required for a Temporary Cannabis Event in the City or has violated the terms of a prior Temporary Cannabis Event permit. 13. Right of Appeal. If the Temporary Cannabis Event permit application has been denied, the applicant may appeal the decision to the City Council. The applicant must provide the City Manager with a written notice of appeal and hearing request within ten (10) business days of the date of denial. An Applicant waives its right to a hearing if it fails to submit a written request for hearing to the City withing ten (10) days of the written notice of denial. If a timely request for appeal and hearing is received, the City Council shall conduct a hearing at the next regularly scheduled City Council meeting and provide the Applicant an opportunity to be heard. G Section 23-2756. FEES FOR SPECIAL SERVICES. A. Special Services Fee. The applicant must pay the costs of all Special Services (Support Services) used during the Temporary Cannabis Event. Such costs will be established in the City's Fee Schedule. At the discretion of the City Manager, the applicant may be required to pay a Special Service fee deposit based on estimated costs of the Special Services to be provided at the Temporary Cannabis Event. Fees are due at the time of application. The event organizer may cancel an event by giving at least 10 days written notice to the City. If less than 24 hours' notice is given to cancel an event that required special services, staff will be compensated for a 2- hour minimum charge. Section 23-2757. INDEMNIFICATION AND INSURANCE. B. If the Temporary Cannabis Event requires Special Services, prior to the issuance of a Temporary Cannabis Event permit, the permit applicant and authorizing officer of the sponsoring organization, if any, must sign an agreement to indemnify, defend and hold the City, its officials, employees, and agents harmless from any claim that arises in whole or in part out of the Temporary Cannabis Event, except any claims arising solely out of the negligent acts or omissions of the City, its officials, employees and agents. C. Liability Insurance Required. The applicant must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury or property damage arising from the Temporary Cannabis Event. A certificate of insurance must be filed with the City prior to issuance of the Temporary Cannabis Event permit. The certificate of insurance must name the City, its officials, employees and agents as additional insurers. Insurance coverage must be maintained for the duration of the Temporary Cannabis Event. Any company hired or working on behalf of the applicant or sponsor must also present the City with a certificate of insurance naming the City, its officials, its employees, and agents as additional insurers. D. Minimum Limits. The required insurance coverage includes a commercial general liability policy and an Automobile Liability Policy if automobiles will be used during the event. The insurance limits are as follows: 1. Commercial Liability. Commercial general liability insurance or equivalent special event coverage protecting it from claims for damages for bodily injury and property damage which may arise from or in connection with the Temporary Cannabis Event and the use of any City property. The policy shall be written on an occurrence basis and provide not less than $2,000,000 per occurrence, combined single limits, and $4,000,000 aggregate, unless waived by the City. The insurance policy shall be written on an occurrence basis and shall be written for a period not less than 24 hours prior to the event and extending for a period not less than 24 hours following the completion of the event. If on -site consumption is permitted at the Temporary Cannabis Event, the policy must also include an endorsement for such consumption. The City may require additional 7 endorsements depending upon the type of Temporary Cannabis Event and the proposed activities. The liability policy must include the City as an additional insured. 2. Automobile Insurance. If automobiles will be used during the event, automobile liability insurance with a minimum combined single limit of $1,000,000 per occurrence. Coverage shall include liability for owned, non -owned, and hired automobiles. E. Waiver or Reduction of Required Limits. The City may waive or reduce insurance requirements of this section under the following circumstances: 1. The applicant or officer of the sponsoring organization signs a verified statement that the insurance coverage required by this section is impossible to obtain; or 2. The City determines that the insurance requirements are more than the reasonable risk presented by the proposed Temporary Caraiabis Event. Section 23-2758. TEMPORARY CANNABIS EVENT REGULATIONS. A. Location Restrictions. 1. May not be held on City -owned property or school property; 2. If held outdoors, it may not be held on property within 500 feet of a residential property or a residential treatment facility. The measurement must be made from the entrance of each building or tenancy and not from the property line; and 3. May not be held at any single location more than four (4) times in a calendar year. B. Temporary Cannabis Event may not be held for longer than three (3) consecutive days; C. Hours Restrictions: Temporary cannabis events shall only be held between the hours of 7:00 a.m. and 10:00 p.m. D. On -site consumption of edible cannabinoid products and lower -potency hemp products is permitted. E. Pursuant to Minn. Stat. Sec. 342.40 Subdivision 8(d), on -site consumption of alcohol or tobacco is not permitted. F. No person holding a permit for a Temporary Cannabis Event shall allow and no participant in a Temporary Cannabis Event shall camp overnight at the location of a Temporary Cannabis Event, except for a reasonable number of persons required to maintain security. G. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person, or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions contained, in the City Code, Section 19-1200. If amplified music and/or speaking is utilized, the following requirements must be met: 1. The applicant must have designated a person affiliated with the Temporary Cannabis Event that is responsible for monitoring sound levels and has authority to ensure that sound does not exceed 80 decibels as measured 50 feet from the property line, or 50 feet from the source, whichever is more restrictive. 2. The amplified music and/or speaking can only be for a period of four hours or less between the hours of 7:00 a.m. - 9:00 p.m. Monday -Friday, and 9:00 a.m. - 9:00 p.m. on weekends and legal holidays. Amplified speakers are required to be positioned in a way to limit noise to the surrounding residential areas. 3. The applicant must have provided at least two contact names and valid, and current contact information for at least two people on -site of the event that will be able to respond to noise complaints and ensure that noise generated at the site complies with this chapter. H. Smoking and vaping are prohibited. No person shall smoke or vape any product, including cannabis flower, cannabis products, and lower -potency hemp products, or use any cannabis or lower -potency hemp related or electric delivery devices at a temporary cannabis event. The event will be immediately shut down if smoking or vaping is detected onsite. I. Cleanup: Applicant shall, at no cost to the City, immediately clean up, remove, and dispose of all litter or materials of any kind that is placed or left on the premise because of the event, or be charged the hourly rate of the employee for cleanup. J. Notice to Residents: Applicant must provide a 10-day notice to residents within 500 feet of the event. For events that occur over a course or a route, the applicant shall attempt to notify the public. The City will provide the applicant with the mailing list. If amplified music and/or speaking are utilized, such notification must include the name and contact information of the person on -site during the event that will be able to respond to noise complaints. K. All Temporary Cannabis Events must follow all requirements of Minnesota Statutes Chapter 342, et seq., and all city policies related to special events. The listed authorities shall be read together. Where there is conflict between this chapter and the special events ordinance, this Temporary Cannabis Events will control. Section 23-2759. ENFORCEMENT. A. Cancellation: City staff has the authority to cancel or stop an event, or place additional restrictions on the event, in order to protect public health, safety, or, welfare. The City will notify the event organizer as soon as is practically possible if it cancels the event or if it modifies the conditions imposed on the event. The City may also immediately terminate an event for a violation of this chapter, or in an emergency if needed to protect public safety. Any such cancellation or termination of an event by the City constitutes a revocation of the permit. It is a violation of this chapter to conduct, or continue to conduct, the event once it is cancelled or terminated by the City. B. Misdemeanor: Any person who violates this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine and imprisonment as prescribed by state law. Each day each violation continues or exists, constitutes a separate offense. C. Administrative fine: any person who violates this chapter is subject to administrative fines in an amount set in the City fee schedule. Each day each violation continues or exists, constitutes a separate offense. D. Violation of any provision of this Chapter shall also be grounds for revocation of the Temporary Cannabis Event Permit, denial of any future application for a Temporary Cannabis Event permit, and action against any City -issued business license held by the Temporary Cannabis Event Organizer. Adopted this 251h day of August, 2025. 1 ATTEST: City Clerk Date of Publication: September 4, 2025 Effective Date: October 4, 2025 10 Mayor