ORD 24-02StFikethFOUgh5 to be removed
Underlines to be added
Ordinance 24 - 02
An Ordinance Amending Chapter 26, Section 115, Rules and Regulations regarding
On Site Sampling for Cannabinoid Products of the City of Elk River, Minnesota,
City Code
The City Council of the City of Elk River does hereby ordain as follows:
Sec. 26-1 15. General requirements.
(a) Prohibited sales. No person shall sell, offer for sale, giveaway, furnish, or otherwise deliver any
cannabinoid products:
(1) To any underage person.
(2) By means of any type of vending machine.
(3) By means of self-service merchandising.
(4) Containing any chemical compound or drug that is a controlled substance under
Minnesota law.
(5) That contain any amount of HHC.
(6) By any other means, or to any other person, prohibited by state or local laws.
(7) That fails to meet the labelling requirements as established in Minn. Stats. § 151.72, subds.
5 and 5a.
(8) That fails to meet the testing requirements as established in Minn. Stats. § 151.72, subd. 4.
(b) Sampling of cannabinoid products. Sampling of intoxicating beverages containing cannabinoid
products on a licensed premises in quantities, consistent with the process for sampling malt
liquor provided in Minn. Stat. ' 340A.510 subd. 2., is allowed until Match 1, 2025, when the
Office of Cannabis Management takes over all licensing. At that time, state laws on sampling
are incorporated as if they are a part of this ordinance.
(c) On -site consumption.
the Minnesota Department of 14eftith and heensed th-ider this ehapter. Food and be-ver-ftge
Licensees must abide by all
esker -state ftfid eatinty laws regarding on -premises consumption and sales, including the
Minnesota Clean Indoor Air Act (Minn. Stats. §§ 144.411-144.417).
(d) Employees. All employees selling cannabinoid products must be 21 years of age or older. All
licensees under this chapter shall be responsible for the actions of their employees in regard to
the sale of cannabinoid products, and the sale of such products by an employee shall be
considered a sale by the licensee. Nothing in this section shall be construed as prohibiting the
city from also subjecting the employee to whatever penalties are appropriate under this article,
i state law, or other applicable laws and regulations.
Page 1 of 2
(e) Display. Every license shall be posted and displayed in plain view of the general public on the
licensed premises.
(f) Signage. The licensee shall display a sign in plain view to provide public notice that selling any of
these products to any person under the age of 21 is illegal and subject to penalties. The notice
shall be placed in a conspicuous location in the licensed establishment and shall be readily
visible to any person who is purchasing or attempting to purchase cannabinoid products.
(g) Delivery. All sales of cannabinoid products must be completed on the licensed premises.
Delivery by the licensee or a third party to the consumer is prohibited.
(h) Testing requirements All cannabinoid products offered for sale must be compliant with the testing
requirements in Minn. Stats. § 151.72, subd. 4.
(i) Labeling requirements. All cannabinoid products offered for sale must comply with the labelling
requirements set forth in Minn. Stats. § 151.72, subd. 5, 5a, and 6.
0) Responsibility for conduct on premises. Except as provided in this chapter, every licensee under this
chapter shall be responsible for the conduct of his place of business and shall maintain
conditions of sobriety and order therein.
(k) Other regulations. Except as otherwise provided in this chapter, licenses under this chapter shall
be governed by the requirements and procedures set forth in chapter 38, article II of this Code.
SECTION 4. That this ordinance shall take effect upon adoption and publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 2nd day of January, 2024.
AJJ. layor
ATTEST:
Tina Allard, City Clerk
(Supp. No. 59)
Created: 2023-10-18 09:21:25 [EST]
Page 2 of 2