AN ORDINANCE TO REGULATE ZONING OF ADULT-USE CANNABIS BUSINESS ACTIVITIES IN THE CITY OF WILLOW RIVER
Section 1. Administration
1.1 Findings and Purpose
The purpose of this Ordinance is to protect the public health, safety, and general welfare of its residents by regulating adult-use cannabis businesses within the legal boundaries of the City of Willow River.
The City of Willow River finds and concludes that the proposed provisions are appropriate and lawful land use regulations for Willow River, that the proposed provisions will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.
1.2 Authority & Jurisdiction
The City of Willow River has the authority to adopt this Ordinance pursuant to:
MINN. STAT. § 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of adult-use cannabis businesses.
Minn. Stat. 342.22, regarding the local registration and enforcement
requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.
c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.
d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning ordinances.
Ordinance shall be applicable to the legal boundaries of the City of Willow River.
The City of Willow River has delegated cannabis retail registration authority to Pine County. However, the City may adopt ordinances under Sections (2.6, 3 and 4) if Pine County has not adopted conflicting provisions.
1.3 Severability
If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
1.4 Enforcement
The Willow River City Council is responsible for the administration and enforcement of this Ordinance (except for compliance checks conducted by the Pine County Sheriff’s Office). Any violation of the provisions of this Ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by Minnesota law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance.
1.5 Definitions
Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this ordinance.
1. Cannabis Retail Businesses: A retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower-potency hemp edible retailers. 2. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. 3. Daycare: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. 4. Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50. 5. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to as “OCM” in this ordinance. 6. Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. 7. Preliminary License Approval: OCM pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17. 8. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. 9. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23. 10. Retail Registration: An approved registration issued by Pine County to a state licensed cannabis retail business. 11. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24. 12. State License: An approved license issued by the State of Minnesota’s Office of Cannabis Management to a cannabis retail business.
Section 2. Registration of Cannabis Businesses
2.1 Consent to registering of Cannabis Businesses
No individual or entity may operate a state-licensed cannabis retail business in the City of Willow River without first registering with Pine County.
Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration may incur a civil penalty subject to Pine County ordinance for each violation.
Section 3. Requirements for Cannabis Businesses
3.1 Minimum Buffer Requirements
The City of Willow River shall prohibit the operation of a cannabis business within 1,000 feet of a school.
The City of Willow River shall prohibit the operation of a cannabis business within 500 feet of a day care.
The City of Willow River shall prohibit the operation of a cannabis business within 500 feet of a residential treatment facility.
The City of Willow River shall prohibit the operation of a cannabis business within 500 feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field.
The City of Willow River shall prohibit the operation of a cannabis retail business within 1,500 feet of another cannabis retail business.
Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in Section 3.1 shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors moves within the minimum buffer zone.
3.2 Zoning and Land Use
(A) The following cannabis businesses and hemp businesses shall be allowed uses with land-use permits issued by the City of Willow River in commercial districts established by the City of Willow River’s Zoning Ordinance, provided that they shall be not operated within 1,000 feet of a school, or 500 feet of a daycare, residential treatment facility or an attraction within a public park that is regularly used by minors, including playgrounds and athletic fields, and not allowed in all other districts established by the City of Willow River’s Zoning Ordinance:
retail operations of cannabis microbusiness with retail operations endorsement;
retail operations of cannabis mezzobusiness with retail operations endorsement;
cannabis retailer;
cannabis event organizer (including, for the avoidance of doubt, all cannabis events);
medical cannabis combination business; and
lower-potency hemp edible retailer.
(B) No cannabis business or hemp business shall operate as a “home business” or “home occupation”.
3.3 Hours of Operation
Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 10 a.m. and 9 p.m.
3.4 Advertising
Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the building or property of the business, unless otherwise limited by the City of Willow River’s sign ordinances.
Section 4. Temporary Cannabis Events
4.1 License or Permit Required for Temporary Cannabis Events
4.1.1 License Required.
A license or permit is required to be issued and approved by the City of Willow River prior to holding a Temporary Cannabis Event.
4.1.2 Registration & Application Procedure
A registration fee, as established in the City of Willow River’s fee schedule, shall be charged to applicants for Temporary Cannabis Events.
4.1.3 Application Submittal & Review.
The City of Willow River shall require an application for Temporary Cannabis Events.
(A) An applicant for a retail registration shall fill out an application form, as provided by the City of Willow River. Said form shall include, but is not limited to: i. Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. Date and location of the event iv. Proposed capacity of event space
(B) The applicant shall include with the form: i. the application fee as required in (Section 4.1.2); ii. a copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2.
The application shall be submitted to the City Clerk, or other designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies.
(C) Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the application to the Willow River City Council for approval or denial.
(D) The application fee shall be non-refundable once processed.
(E) The application for a license for a Temporary Cannabis Event shall meet the following standards:
i. Minimum Buffer Zone Required: A temporary cannabis event shall provide a minimum buffer zone of Five hundred feet (500’) from a school. ii. Temporary cannabis events shall only occur between the hours of ten o’clock (10:00) A.M. and ten o’clock (10:00) P.M. iii. Adequate security for the event is in place to ensure compliance with the requirements of state law and city code.
(G) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The City shall notify the applicant of the standards not met and basis for denial.
Section 5. Use in Public Places
No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult-use.
PASSED AND ADOPTED by the City Council of the City of Willow River this 7th day of April, 2025.