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Council adopts cannabis zoning and registration rules, allows two retail stores and sets 10 p.m. closing time
Summary
Baxter councilors approved a local zoning ordinance permitting two retail cannabis stores (option B), adopted a registration chapter for local permitting, and amended hours to align retail closing with the state 10 p.m. off-sale cutoff; staff will return with registration fees and compliance details.
The Baxter City Council on Dec. 10 adopted a local zoning ordinance to allow two retail cannabis stores and approved a companion registration ordinance that establishes a local registration process, zoning checks, property-tax compliance verification, and compliance inspections. The council also amended the proposed local closing time from 9 p.m. to 10 p.m.
S9 introduced the item and described two draft ordinances: Option A followed the planning commission recommendation and would implement a population-based cap (one retail store per 12,500 residents), while Option B offered a higher-cap framework the council could set at two or more stores. Legal counsel told staff the council could choose any number of stores, but cautioned that communities often start conservatively because it is harder to reduce allowances later.
Council members expressed differing philosophies: some favored the conservative, planning-commission approach; others warned against creating a government-imposed monopoly and preferred allowing two or three stores. After discussion, the council made and seconded a motion to adopt Option B and approved the ordinance (the motion carried by voice vote).
Assistant Administrator Steele described the registration ordinance (2024-019) that establishes the Office of Cannabis Management’s model framework locally, requires that a business secure a state retail license before receiving a city registration, and authorizes the police department to conduct compliance inspections. ‘‘This ordinance addresses our registration process and…after that business has the license from the state, we confirm that the location meets the zoning code requirements…and current on property taxes before we issue that registration,’’ Steele said.
During public comment, Patrick Sunberg, who identified himself as owner of Jack VanFury, asked the council to align the local closing time with existing off-sale liquor rules and to clarify the code’s exterior-visibility restrictions for product displays. ‘‘To adjust that from 9:00 to 10:00 would really help all the liquor stores in our community,’’ Sunberg said, noting practical issues for shops with prominent front windows. Steele agreed the closing time ‘‘easily can be adjusted from 9PM to 10PM’’ under state law and recommended the city attorney review exterior-visibility language.
The council voted to adopt ordinance 2024-019 with the 10 p.m. closing-time change. Staff said registration fees and compliance-violation fees will be proposed in January and that the Office of Cannabis Management model code guided the draft rules.
What happens next: Staff will publish the adopted ordinances and return with proposed registration fees and an implementation schedule; businesses seeking to open must obtain a state license and then a city registration confirming zoning and tax compliance.
