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ORDINANCE 24 - __

AN ORDINANCE AMENDING AND REENACTING SECTIONS 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2158, 2159,
2160, AND 2161 OF CHAPTER 2150 OF THE OLMSTED COUNTY CODE OF ORDINANCES – REGULATING THE
USE AND DISPLAY AND SALE OF CANNABIS AND CANNABIS DERIVED PRODUCTS IN THE COUNTY

THE COUNTY BOARD OF THE COUNTY OF OLMSTED ORDAINS:

1. Section 2151 of the Olmsted County Code of Ordinances is hereby amended and reenacted to read as follows:

Section 2151. PURPOSE AND INTENT.

A. This Ordinance is adopted by Olmsted County for the purpose of protecting public health and safety by regulating
and prohibiting the use of cannabis and cannabis derived products in public places and places of public
accommodation within the County and by regulating cannabis businesses within the legal boundaries of Olmsted
County.

B. Minnesota Statutes Section 342.09 which became effective in relevant part on August 1, 2023, establishes that the
adult use, possession and personal growing of cannabis is legal, subject to the requirements and restrictions of
Minnesota Statutes.

C. Minnesota Statutes Section 152.0263, Subd. 5, authorizes the adoption of a local ordinance establishing a petty
misdemeanor offense for public use of cannabis.

D. State legislation authorizes adoption of ordinances to regulate actual or potential threats to public health. See Minn.
Stat. 145A.05, subd. 1.

E. The County finds that overall, many Olmsted County residents use cannabis. According to the Community Health
Needs Assessment, 9% of Olmsted County adults used cannabis in 2021. This makes it the second-most used drug
in Olmsted County, behind prescription pain relievers.

F. For a youth perspective, in 2022, 5% of 8th, 9th, and 11th graders in Olmsted County used cannabis, according to the
Minnesota Student Survey. Looking specifically at 11th graders, 10% used cannabis at least one day a month
compared to 2% statewide. Continued surveillance and policy development along with public health efforts will help
youth and all Olmsted County residents stay informed and safe.

G. The County finds that cannabis is one of the most used drugs in the United States. Cannabis use in young adults
has been shown to cause adverse cognitive effects because brain development continues into young adulthood.
Cannabis use has been associated with cannabis use disorder (CUD), significant driving impairment, and lower birth
weights with use during pregnancy. Individuals who develop CUD are at an increased risk of developing substance
use disorder (SUD). Adolescents and young adults are at highest risk of developing cannabis use disorder (CUD).
Regulation of cannabis sales, products, packaging, labeling, marketing and access aims to prevent potential public
health problems related to cannabis use. This includes discouraging violations of cannabis-related laws, and
prohibiting the marketing, sale or distribution of cannabis and cannabis products to youth under 21 years of age.

H. State legislation authorizes enforcement of local government ordinances which are more stringent than state law in
protecting individuals from secondhand smoke or from involuntary exposure to aerosol or vapor from electronic
delivery devices, including in areas outside of restaurants and bars. See Minn. Stat. 144.417, subd. 4.

I. The County intends to be proactive in protecting public health and safety by enacting an ordinance that will mitigate
threats presented to the public and public health by the public use of cannabis, including unintended access and
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exposure of cannabis to the general public and youth of Olmsted County.

J. The County recognizes the risks that unintended access and use of cannabis products and exposure to cannabis
and its effects present to the health, welfare, and safety of members of the public and in particular the youth of the
County.

K. More information on cannabis use in Olmsted County can be found below:

• Community Health Needs Assessment

o https://storymaps.arcgis.com/collections/7651105f080c418891d71862b91ed210

• Minnesota Student Survey

o https://education.mn.gov/mde/dse/health/mss/

2. Section 2152 of the Olmsted County Code of Ordinances is hereby amended and reenacted to read as follows:

Section 2157. 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. The following words, terms, and phrases,
when used in this ordinance, shall have the meanings ascribed to them except where the context clearly indicates a
different meaning.

Section 2157.01 Adult-use cannabis flower.

“Adult-use cannabis flower” means cannabis flower that is approved for sale by the Minnesota Office of Cannabis
Management (hereinafter the “Office”) or is substantially similar to a product approved by the Office. Adult-use cannabis
flower does not include medical cannabis flower as defined in Minn. Stat. Sec. 342.01, Subd. 54, hemp plant parts as
defined in Minn. Stat. Sec. 342.01, Subd. 42, or hemp-derived consumer products.

Section 2157.02 Adult-use cannabis products.

“Adult-use cannabis products” means a cannabis product that is approved for sale by the Office or is substantially similar
to a product approved by the Office. Adult-use cannabis product includes edible cannabis products but does not include
medical cannabinoid products as defined in Minn. Stat. Sec. 342.01, Subd. 52 or lower-potency hemp edibles.

Section 2157.03 Cannabis cultivation.

“Cannabis Cultivation” means a cannabis business licensed to grow cannabis plants within the approved amount of
space from seed or immature plants to mature plants. These activities include, but are not limited to, harvesting cannabis
flower from mature plants, packaging and labeling immature plants and seedlings and cannabis flower for sale to other
cannabis businesses, transporting cannabis flower to a cannabis manufacturer located on the same premises, and
perform other actions approved by the “Office”.

Section 2157.04 Cannabis flower.

“Cannabis flower” means the harvested flower, bud, leaves, and stems of a cannabis plant. Cannabis flower includes
adult-use cannabis flower and medical cannabis flower. Cannabis flower does not include cannabis seed as defined in
Minn. Stat. Sec. 342.01, Subd. 22, hemp plant parts, or hemp-derived consumer products.

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Section 2157.05 Cannabis product.

A. “Cannabis product” means any of the following

1. cannabis concentrate as defined in Minn. Stat. Sec. 342.01, Subd. 15;

2. a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted or
derived from cannabis plants as defined in Minn. Stat. Sec. 342.01, Subd. 19, or cannabis flower as
defined in Minn. Stat. Sec. 342.01, Subd. 16; or

B. any other product that contains cannabis concentrate.

Section 2157.06 Cannabis Retail Business.

“Cannabis Retail Business” means a retail location and the retail location(s) of a mezzobusiness with a retail operations
endorsement, a microbusiness with a retail operations endorsement, or a medical combination business operating a
retail location. This excludes lower-potency hemp edible retailers.

Section 2157.07 Cannabis Retailer.

“Cannabis Retailer” means 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.

Section 2157.08 Daycare.

“Daycare” means 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.

Section 2157.09 Hemp derived consumer products.

A. “Hemp derived consumer products” means a product intended for human or animal consumption, does not
contain cannabis flower or cannabis concentrate, and:

1. contains or consists of hemp plant parts; or

2. contains hemp concentrate or artificially derived cannabinoids in combination with other ingredients.

B. Hemp-derived consumer products does not include artificially derived cannabinoids as defined in Minn.
Stat. Sec. 342.01, Subd. 6, lower-potency hemp edibles, hemp-derived topical products as defined in Minn.
Stat. Sec. 342.01, Subd. 38, hemp fiber products as defined in Minn. Stat. Sec. 342.01, Subd. 39, or hemp
grain as defined in Minn. Stat. Sec. 342.01, Subd. 40.

Section 2157.10 Lower-potency hemp edible.

A. A “lower-potency hemp edible” as defined in Minnesota Statutes Section 342.01, Subd. 50 means any
product that:

1. is intended to be eaten or consumed as a beverage by humans;

2. contains hemp concentrate or an artificially derived cannabinoid; in combination with food ingredients;

3. is not a drug;

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4. consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol, 25
milligrams of cannabinol, or any combination of those cannabinoids that does not exceed the identified
amounts;

5. does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving;

6. does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol;

7. does not contain a cannabinoid derived from cannabis plants or cannabis flower; and

8. is a type of product approved for sale by the Office or is substantially similar to a product approved by
the Office, including but not limited to products that resemble nonalcoholic beverages, candy, and
baked goods.

Section 2157.11 Office of Cannabis Management.

“Office of Cannabis Management” means the Minnesota Office of Cannabis Management, referred to as “OCM” in this
ordinance.

Section 2157.12 Place of public accommodation.

“Place of public accommodation” means a business, refreshment, entertainment, recreation, or transportation facility of
any kind, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or
otherwise made available to the public.

A. “A public place” or “a place of public accommodation” does not include the following:

1. a private residence, including the individual’s curtilage or yard.

2. a private property, not generally accessible by the public, (unless the individual is explicitly prohibited
from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products) on the property by the owner of the property.

3. on the premises of an establishment or event licensed to permit on-site consumption.

Section 2157.13 Preliminary License Approval.

“Preliminary License Approval” means OCM pre-approval for a cannabis business license for applicants who qualify
under Minn. Stat. Section 342.17.

Section 2157.14 Public place.

A “public place” means any indoor area used by the general public or serving as a place of work including, but not limited
to:

A. arenas, auditoriums, bowling alleys, bingo halls, commercial establishments including licensed retail
tobacco establishments, pool halls, public conveyances, restaurants and establishments licensed to sell
alcoholic beverages under Chapter 340A of the Minnesota Statutes and their patios and decks.

B. publicly owned property and outdoor areas of a public recreation center or public park or trail, including,
but not limited to, a public playground, swimming pool or other recreational area, and gymnasiums. This
specifically includes but is not limited to the County’s Graham Park and County Parks properties. See
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Section 3963 of the County Code of Ordinances -- Graham Parks Rules and Regulations, and Section
3917 of the County Code of Ordinances – County Parks Rules and Regulations, for additional details
concerning cannabis use restrictions on those properties.

C. hospitals, nursing homes, offices and other commercial establishments, retail stores, and common areas
of rental apartment buildings.

D. public transit, taxis, limousines, and other for-hire vehicles used to transport the public during hours of
operation.

E. educational institutions including all facilities, whether owned, rented, or leased, and all vehicles that a
school owns, leases, rents, contracts for, or controls:

1. Public School. As defined by Minnesota Statutes Section 120A.20, any schools supported in whole or
in part by state funds are public schools.

2. Charter School. Any school licensed by the Minnesota Department of Education as a charter school.

3. Nonpublic Schools. Any nonpublic school, person, or other institution that is accredited by an accrediting
agency, required to meet the reporting requirements under Minnesota Statutes Section 120A.24, or
recognized by the Commissioner of the Minnesota Department of Education.

4. Post Secondary Educational Facilities. Any colleges, universities and technical schools.

F. This also applies to the following outdoor spaces: Public streets or sidewalks.

Section 2157.15 Residential Treatment Facility.

“Residential Treatment Facility” means a place where “residential treatment” is provided as set forth in Minnesota
Statutes Section 245.462, Subd. 23.

Section 2157.16 Retail Registration.

“Retail Registration” means an approved registration issued by the County to a state licensed cannabis retail business.

Section 2157.17 Smoking.

“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted
or heated product containing cannabis flower, cannabis products, artificially derived cannabinoids, or hemp-derived
consumer products. Smoking includes carrying or using an activated electronic delivery device for human consumption
through inhalation of aerosol or vapor from the product.

Section 2157.18 State License.

“State License” means an approved license issued by the State of Minnesota’s Office of Cannabis Management to a
cannabis retail business.

Section 2157.19 Temporary cannabis event.

“Temporary cannabis event” means a gathering where cannabis products are displayed and sold on a temporary basis.
It requires a permit from the County, includes security plans, has controlled access, includes a cannabis waste
management plan, and a cannabis products transportation plan, restricts the vendors who can sell cannabis and restricts
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when and where cannabis product sales may occur, and places limits on onsite consumption of cannabis products as
required by Minnesota Statutes Section 342.40.

3. Section 2153 of the Olmsted County Code of Ordinances is hereby amended and reenacted to read as follows:

Section 2153. JURISDICTION.

This Ordinance shall be applicable within the legal boundaries of Olmsted County with the exception of cities of the first
class and those cities or townships that have adopted their own ordinance establishing cannabis related standards within
their jurisdiction. It is the intention of this Ordinance that said city or township ordinances shall supersede and preempt
this ordinance within those jurisdictions.

4. Section 2154 of the Olmsted County Code of Ordinances is hereby amended and reenacted to read as follows:

Section 2154. PROHIBITED ACTS.

A. No person shall use cannabis flower, cannabis products, or hemp-derived consumer products in a public
place or a place of public accommodation unless the premises is an establishment or event licensed to
permit on-site consumption of adult-use cannabis flower and adult use cannabis products. See Minn. Stat.
Sec. 342.09, Subd. 1(a)(2) and Sec. 342.09, Subd.1 (a)(7)(i),(ii),(iii), and Minn. Stat. Sec. 152.0263, Subd.
5.

B. No person shall vaporize or smoke cannabis flower, cannabis products, artificially derived cannabinoids,
or hemp-derived consumer products in any location where the smoke, aerosol, or vapor would be inhaled
by a minor. See Minn. Stat. Sec. 342.09, Subd. 1(b)(9).

5. Section 2155 of the Olmsted County Code of Ordinances is hereby amended and reenacted to read as follows:

Section 2155. REGISTRATION OF CANNABIS BUSINESSES.

A. Consent to Registering of Cannabis Businesses

1. No individual or entity may operate a state-licensed cannabis retail business within Olmsted County
without first registering with the County.

2. Any state-licensed cannabis retail business that sells to a customer or patient without a valid retail
registration shall incur a civil penalty of $2,000 for each violation.

3. Notwithstanding the foregoing provisions, the State shall not issue a license and the County shall not
issue a registration to any cannabis business to operate in Indian country, as defined in United States
Code, title 18, section 1151, of a Minnesota Tribal government that owns land within Olmsted County
without the consent of the Tribal government.

B. Compliance Checks Prior to Retail Registration

1. Prior to issuance of a cannabis retail business registration, the County shall conduct a preliminary
compliance check to ensure compliance with local ordinances.

2. Pursuant to Minn. Stat. Section 342.13, within 30 days of receiving a copy of a state license application
from OCM, the County shall certify on a form provided by OCM whether a proposed cannabis retail
business complies with the zoning ordinances of the zoning authority where the business will be located
and, if applicable, whether the proposed business complies with the state fire code and building code.
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C. Registration & Application Procedure

1. Fees. The County shall not charge an application fee. A registration fee, as established in the County’s
fee schedule, shall be charged to applicants depending on the type of retail business license applied
for. All fees listed in this section shall be specified on the County’s Fee Schedule.

2. An initial retail registration fee shall not exceed $500 or half the amount of an initial state license fee
under Minn. Stat. 342.11, whichever is less. The initial registration fee shall include the initial retail
registration fee and the first annual renewal fee.

3. Any renewal retail registration fee imposed by the County shall be charged at the time of the second
renewal and each subsequent renewal thereafter. A renewal retail registration fee shall not exceed
$1,000 or half the amount of a renewal state license fee under Minn. Stat. 342.11, whichever is less.

4. A medical combination business operating an adult-use retail location may only be charged a single
registration fee, not to exceed the lesser of a single retail registration fee, defined under this section, of
the adult-use retail business.

D. Application Submittal.

1. The County shall issue a retail registration to a state-licensed cannabis retail business that adheres to
the requirements of Minn. Stat. 342.22.

(a) An applicant for a retail registration shall fill out an application form, as provided by the County.
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) The address and parcel ID(s) for the property which the retail registration is sought;

(iv)Certification that the applicant complies with the requirements of local ordinances established
pursuant to Minn. Stat. 342.13.

(v) Other information requested by the County on the registration application form.

(b) The applicant shall include with the form:

(i) the registration fee as required in Section 2155, C1;

(ii) a copy of a valid state license or written notice of OCM license pre-approval;

(c) Once an application is considered complete, the County Public Health Director or their designee
shall inform the applicant as such, process the registration fees, and forward the application to the
County Board of Commissioners for approval or denial.

(d) The registration fee shall be non-refundable once processed.

E. Application Approval

1. A state-licensed cannabis retail business registration application shall not be approved if the cannabis
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retail business would exceed the maximum number of registered cannabis retail businesses permitted
under Section 2156.

2. A state-licensed cannabis retail business registration application shall not be approved or renewed if
the applicant is unable to meet the requirements of this ordinance.

3. A state-licensed cannabis retail business registration application that meets the requirements of this
ordinance shall be approved.

F. Hours of Operation.

Cannabis businesses are limited to retail sale of cannabis, cannabis flower, and cannabis products, between
the hours of 10:00 a.m. and 9:00 p.m. seven days a week.

G. Annual Compliance Checks.

1. The County shall complete at minimum one unannounced compliance check per calendar year of every
cannabis business to assess if the business meets age verification requirements, as required under
Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24 and this Chapter.

2. Age verification compliance checks shall involve persons at least 17 years of age but under the age of
21 who, with the prior written consent of a parent or guardian if the person is under the age of 18,
attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer
or an employee of the County. Any failures under this section must be reported to the Office of Cannabis
Management.

H. Location Change

A state-licensed cannabis retail business shall be required to submit a new application for registration under
Section 2155 if it seeks to move to a new location still within the legal boundaries of Olmsted County.

I. Renewal of Registration

The County shall renew an annual registration of a state-licensed cannabis retail business at the same time
OCM renews the cannabis retail business’ license. A state-licensed cannabis retail business shall apply to
renew registration on a form established by the County. The application for renewal of a retail registration shall
include but is not limited to the items required under Section 2155 for an initial registration application. A
cannabis retail registration issued under this ordinance shall not be transferred.

J. Renewal Fees.

The County may charge a renewal fee for the registration starting at the second renewal, as established in
the County’s fee schedule.

K. Suspension of Registration

1. When Suspension is Warranted.

The County may suspend a cannabis retail business’s registration if it violates the County Cannabis
Ordinance – Chapter 2150 of the County’s Code of Ordinances or poses an immediate threat to the
health or safety of the public. An immediate threat to health or safety of the public may include, but is
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not limited to, making sales to persons under 21 years of age. The County shall immediately notify the
cannabis retail business in writing of the grounds for the suspension.

2. Notification to OCM.

The County shall immediately notify the OCM in writing of the grounds for the suspension. OCM will
provide the County and cannabis business retailer a response to the complaint within seven calendar
days and perform any necessary inspections within 30 calendar days.

3. Length of Suspension.

The suspension of a cannabis retail business registration may be for up to 30 calendar days, unless
OCM suspends the license for a longer period. The business may not make sales to customers if their
registration is suspended. The County may reinstate a registration if it determines that the violations
have been corrected. The County shall reinstate a registration if OCM determines that the violation(s)
have been corrected.

4. Civil Penalties.

Subject to Minn. Stat. 342.22, subd. 5(e), Olmsted County may impose a civil penalty, as specified in
Olmsted County’s Fee Schedule, for registration violations, not to exceed $2,000.

Section 2156. LIMITS ON CANNABIS BUSINESSES IN THE COUNTY.

The County intends to register cannabis businesses in the County pursuant to Minnesota Statutes Section 342.22. The
number of licensed cannabis retailers, cannabis mezzobusinesses with a retail operations endorsement, and cannabis
microbusinesses with a retail operations endorsement shall be limited to one registration for every 12,500 residents in
the County pursuant to Minnesota Statutes Section 342.13. As of July, 2024 the population of the County is estimated
at approximately 168,000 residents based on information provided by the Minnesota State Demographer’s Office which
means there will initially be a total of fourteen (14) cannabis business registrations available countywide. The cities and
townships in the County shall notify the County by October 1, 2024 whether they intend to claim any or all of those
registrations for their jurisdictions. Priority to claim these fourteen (14) registrations shall be given in the order the
requests are received by the County. If any of the fourteen (14) registrations are not claimed by cities or townships in
the County by October 1, 2024, those remaining registrations will be allocated to the County. If the County has at least
one active registration for every 12,500 residents, a city or township in the County is not obligated to register a new
cannabis business. Nothing in this Ordinance prohibits a city or township from allowing licensed cannabis retailers in
excess of the fourteen (14) cannabis business registrations initially established in this Ordinance.

6. Section 2157 of the Olmsted County Code of Ordinances is hereby amended and reenacted to read as follows:

Section 2157. TEMPORARY CANNABIS EVENTS.

A. Permit Required for Temporary Cannabis Events.

A permit is required to be issued and approved by the County prior to holding a Temporary Cannabis Event.
A permit will only be issued for a temporary cannabis event if the applicant currently holds a valid cannabis
event organizer license issued by the State of Minnesota pursuant to Minnesota Statutes Section 342.39. A
cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting
no more than four (4) days.

B. Registration & Application Procedure

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A registration fee, as established in the County’s Fee Schedule, shall be charged to applicants for Temporary
Cannabis Events.

C. Application Submittal & Review.

The County shall require an application for Temporary Cannabis Events.

(a) An applicant shall fill out an application form, as provided by the County. 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) The type and number of any other cannabis business license held by the applicant;

(iv) The address and location where the temporary cannabis event will take place;

(v) The name of the temporary cannabis event;

(vi) A diagram of the physical layout of the temporary cannabis event showing where the event
will take place on the grounds, all entrances and exits that will be used by participants during
the event, all cannabis consumption areas, all cannabis retail areas where cannabis flower,
cannabis products, lower-potency hemp edibles, and hemp-derived consumer products will be
sold, 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 during the event;

(vii) 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;

(viii) The dates and hours during which the cannabis event will take place;

(ix) Copy of event organizer’s certificate of commercial general liability insurance with coverage
limits established by County policy.

(x) Plan for Transportation of Cannabis Products - All transportation of cannabis products intended
for display or sale and all such items used for display or not sold during the temporary cannabis
event must be transported to and from the event by a licensed cannabis transporter.

(xi) Plan for Cannabis Product Waste Disposal - A cannabis event organizer shall ensure that all
used, unused, and waste cannabis products, that are not removed by an event attendee,
cannabis business, or hemp business are disposed of in a manner approved by the Olmsted
County Environmental Resources Department and the Minnesota Office of Cannabis
Management.

(xii) Other information requested by the County on the Temporary Cannabis Event application form.

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(b) The applicant shall include with the form:

(i) The application fee as required by the County’s Fee Schedule.

(ii) A copy of the OCM temporary cannabis event license application, submitted pursuant to
Minnesota Statutes Section 342.39 subd. 2.

(c) The application shall be submitted to Director of Olmsted County Public Health, or their designee for
review. If the County determines that a submitted application is incomplete, it shall return the application
to the applicant with the notice of deficiencies.

(d) Once an application is considered complete, the County shall inform the applicant as such, process the
application fees, and forward the application to County staff and to the Olmsted County Board of
Commissioners for approval or denial.

(e) The application fee shall be non-refundable once processed.

(f) The permittees for a Temporary Cannabis Event shall meet the following standards during the event:

(i) Enclosed Area - Permittees shall provide a secure enclosure around the property where the
event is being held and restrict access to the property to ensure persons under the age of 21
are not allowed to enter.

(ii) Checking Identification and Wristband Use- -For every cannabis product sale, permittees
shall check identification of all event attendees entering the property where the event is to be
held to verify they are age 21 or older. Permittees shall issue wristbands to identify persons
who are 21 and older that have been admitted to the event.

(iii) Signage – Permittee shall place signage at all entry points to the event and at each location
where cannabis retailers are selling cannabis products indicating that sales of cannabis
products to persons under the age of 21 is prohibited.

(iv) Product Storage in Secure Container – Permittees shall store all cannabis products for
sale at a cannabis event in a secure, locked, monitored container that is not accessible to
the public.

(v) Limit Servings – Permittees shall limit the number of cannabis product servings to one per
person per purchase (when an event attendee produces an ID, that person receives one
serving of cannabis beverage or edible). Permittees shall also not sell more cannabis
products to event attendees than they are legally permitted to possess under state law.

(vi) No Smoking or Vaping Cannabis Products- Permittees shall not permit event attendees
to smoke or vape cannabis products within the property where the event is taking place.

(vii) No Sales to Obviously Impaired Event Attendees - Permittees shall not sell cannabis
products to any event attendees appearing obviously impaired.

(viii) Offer Food and Non-alcoholic Beverages – Permittees shall offer food and non-alcoholic
beverages to event attendees. Permittees shall not permit consumption of alcoholic
beverages at temporary cannabis events. Event attendees may consume lower potency
hemp edibles products at the event.
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(ix) Cannabis Service Hours - Permittees shall stop cannabis product service at least one hour
before closing.

(x) No Price Discounting on Cannabis – Permittees shall not offer cannabis product
promotions.

(xi) Cannabis Awareness Training - Permittees shall require training for all cannabis event
servers and managers and training for event coordinators.

(xii) Restrict Age of Servers – Permittees shall restrict servers and security to individuals 21
years of age and older.

(xiii) Hire Security – Permittees shall hire Minnesota licensed peace officers to monitor cannabis
consumption and provide event security. The Olmsted County Sheriff’s Office shall review
event applications and establish security staffing requirements consistent with other large
public events in the County.

(xiv) Manager/Booth Leader On Duty at All Times – Permittees shall require a manager or
booth leader to be stationed at each cannabis booth at all times.

(xv) No Using Cannabis Products on the Job – Permittees shall forbid their servers/staff from
having cannabis products in their systems while working.

(xvi) Provide Copies of Event Policies to all Staff/Volunteers/Security – Permittees shall

provide event staff with a copy of the County’s temporary cannabis event policies before
serving cannabis. Permittees shall establish enforcement procedures for all policies.

(xvii) Incident Report Form –Permittees shall require event staff to record all reports of personal
injury, property damage, or other incidents where law enforcement is asked to respond and
investigate at the event in an incident report form.

(xviii) Regular Pre-shift Staff Meetings – Permittees shall hold regular pre-shift staff meetings to
discuss rules and ways to prevent and handle problem situations.

(g) A request for a Temporary Cannabis Event that meets the requirements of this Section shall be approved.

(h) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be
denied. The County may deny an application for a temporary event permit if it finds that the proposed event
may place public health or safety at risk. The County shall notify the applicant of the standards not met
and the basis for denial.

(i) Temporary cannabis events shall only be held between the hours of 10:00 a.m. to 9:00 p.m. on the days
authorized by the temporary cannabis event permit. The Sheriff, in consultation with Olmsted County
Public Health staff, shall have authority to terminate an event prior to closing hours in the event a serious
and imminent threat to public health or safety exists.

7. Section 2158 of the Olmsted County Code of Ordinances is hereby amended and reenacted to read as follows:

Section 2158. ENFORCEMENT

The Director of Olmsted County Public Health Services (Director) and the Olmsted County Sheriff (Sheriff) shall be

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jointly responsible for the administration and enforcement of this ordinance.

8. Section 2159 of the Olmsted County Code of Ordinances is hereby created and enacted to read as follows:

Section 2159. INVESTIGATIONS, VIOLATIONS AND PENALTIES.

Section 2159.01 Investigations.

An alleged violation or violation of this ordinance may be investigated by Olmsted County Public Health staff,
OCM staff or by a peace officer as defined in Minn. Stat. Sec. 626.84, Subd. 1.

Section 2159.02 Violations.

Violations of this Ordinance can occur regardless of whether or not a permit is required for a regulated activity
listed in this Ordinance. The County Attorney may prosecute any alleged criminal violation of this ordinance.
The County Attorney may pursue any civil remedies against violators authorized by this ordinance.

Section 2159.03 Criminal Penalties.

A. A violation of the Prohibited Use of Cannabis in Public Places section of this ordinance shall be a petty
misdemeanor punishable by a fine of up to Three Hundred Dollars ($300) and/or community work service.

B. Any violation of any of the other provisions of this ordinance or failure to comply with any of those
requirements constitutes a misdemeanor criminal offense and is punishable as defined by law.

C. Nothing in this ordinance shall prohibit the United States, the State of Minnesota, or the County from
investigating or prosecuting any other activity that is a crime under any other federal or state statute or
county ordinance.

Section 2159.04 Civil Penalties

A. If violations of this Ordinance are observed by County or OCM staff or by a peace officer and those violations
are also violations of Chapter 342 of the Minnesota Statutes or the Minnesota Rules adopted pursuant to that
Chapter, the County may refer the results of its investigation to OCM and request that OCM issue the offender
an administrative order to correct the violations and impose a monetary penalty of up to $10,000 per violation
as authorized by Minn. Stat. Section 342.19.

B. If violations of this Ordinance by an offender are “injurious to health, indecent of offensive to the senses, or an
obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property”,
amounting to a public nuisance, the County may pursue a nuisance action against the offender in court seeking
injunctive relief and the greater of the County’s actual damages or a civil penalty of $250, whichever is greater
pursuant to Minn. Stat. Section 342.82.

9. Section 2160 of the Olmsted County Code of Ordinances is hereby created and enacted to read as follows:

Section 2160. SEVERABILITY.

If any section or provision of this ordinance is held invalid, such invalidity will not affect any other section or provision
that can be given force and effect without the invalidated section or provision.

10.Section 2161 of the Olmsted County Code of Ordinances is hereby created and enacted to read as follows:

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Section 2161. EFFECTIVE DATE.

This ordinance shall be in full force and effect on November 23, 2024, after its passage and publication as required by
law.

Adopted by the Olmsted County Board of Commissioners this ____ day of November, 2024

COUNTY OF OLMSTED

Sheila Kiscaden, Chair of the County Board of Commissioners

Attest:

Lisa Morris-Helmstetler
Deputy Clerk of the County Board

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