PR dispensary denied on 500-foot park buffer

By Robert Williams

Editor

There are some towns in Minnesota that will struggle trying to fit retail cannabis businesses into their business districts without falling under the restrictive buffer zones of 500 and 1,000-feet designated by state statute.

A New York Mills business was denied in August as its location of 20 N. Main Avenue was measured at approximately 930-feet from New York Mills Public School, located at 209 Hayes Avenue. The most conservative measurement was used to the property line of the southern side of the school’s parking lot. The measurement was made measuring the closest property corner of the proposed cannabis business to the closest property corner of the school grounds.

The Otter Tail County Board of Commissioners denied another retail cannabis registration application on Tuesday, Oct. 28, due to the future store owners running into their own conflicts with the state statute buffer zone 500-feet from parks, playgrounds, etc.

The board previously discussed the cannabis registration application from Elevated Dispensaries at the Sept. 23 meeting when Land & Resource Management Director Christopher LeClair noted a discrepancy in the location of the proposed dispensary (40 Second Street NW, Pelican Rapids), which met all buffer distances except the retail business is 460-feet from Veteran’s Memorial River Park. The measurement was made measuring the closest property corner of the proposed cannabis business to the closest property corner of the park.

The exact language of Statute 3433.13 Local Control is: “A local unit of government may prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field.”

Otter Tail County’s ordinance added more buffers including: 500-feet from a group home for developmentally disabled, halfway house or correctional facility and the county prohibits the operation of a cannabis business within 500 feet of another cannabis business.

In September, the board questioned if the park was regularly used by minors with no decision. State law allows local governments to set buffer zones for cannabis businesses up to 1,000-feet from a school and 500-feet from a public park attraction regularly used by minors. Local jurisdictions have the final say on the specific distances within these state-established limits.

Pelican Rapids Mayor Brent E. Frazier also addressed the issue in writing.

“I understand the proposed cannabis location would be under 500-feet from Veterans Park which would be in violation of state statute if it were allowed,” said Frazier. “Children do frequently visit this park. I see this proposal as not if one is for or against cannabis, but if state statutes are followed. Any exception would put the county and city in jeopardy of not following state statutes.”

Whether or not the park was frequented by minors was brought up again Tuesday. District 2 Commissioner and Board Chair Wayne D. Johnson stated he saw that as the decision in front of the board.

“I lack a factual basis to conclude that this is not regularly used by minors—I don’t have a basis to make that finding,” District 3 Commissioner Kurt Mortenson said. “With that, I could not be in support of finding that it complies with the ordinance.”

Johnson, who is a resident of Pelican Rapids, stated he has seen youth at the park. In September, he stated he had not seen youth at the park regularly. He deferred to the mayor.

District 1 Commissioner Dan Bucholz agreed that the board needed to stick with the ordinance and the 500-foot buffer.

“The problem here with the park is the word park,” said Bucholz. “A park is a park in my books, whether there is a cannon or kids there or not.”

County Attorney Michelle Eldien backed up the findings on the record, specifically the 500-foot buffer, comments of the board, along with the input from the Pelican Rapids mayor regarding minors in the park and nothing to suggest otherwise, much like the comments from Mortenson.

The board determined the buffer requirement was not met and the application was denied unanimously.

After the decision, an unidentified member of the public in attendance claimed the board was not interpreting the language correctly, namely “500 feet from a public park attraction regularly used by minors” in regards to a measurement from the proposed property to the cannon in the park (attraction) which is more than 500-feet away.

“You do not get to change the ordinance; you do not get to change it—you need to do that through a process,” he said.

Public comment was not allowed and the man was asked to leave the building.

Scott Dahms has submitted an application for the retail cannabis business in Pelican Rapids.

A second application was reviewed, this from Mary Jane’s Dispensaries, LLC, owned by Todd Larson in Clitherall Township. 

Larson’s application and chosen spot for his business shows how quickly approval can be in the process.

There were no buffer issues with any of the requirements. The application was approved by a board vote of 4-1.

The county ordinance allows up to five cannabis registrations, with Mary Jane’s Dispensaries being the fourth that has been approved. The ordinance allows one registration per 12,500 residents. The county’s population is 60,084.

“We do have some discretion there, if we do get to five,” said LeClair. “If we get a sixth application we do have the discretion to approve that.”

Low-Potency

On October 1, the Minnesota Office of Cannabis Management (OCM) began accepting license applications for establishments that sell Lower-Potency Hemp Edibles (LPHE), like gummies and canned beverages. Otter Tail County has simultaneously begun accepting registration applications for those same establishments.

Two of three establishments’ applications were approved and one was returned due to the respective township not having its own ordinance or not having designated authority to the county for approval.

The first approved application was from Ottertail Liquors: Currie Ottertail Prop LLC, 328 Mn Hwy 78, Ottertail, Tyler Currie. The City of Ottertail delegated registration authority to Otter Tail County on November 21, 2024

Otter Tail County returned LPHE Registration Applications for the following establishments:

Crossroads Convenience Center: 21136 Co Hwy 5, Clitherall, Jeffrey Olson.

The second approval was given to Loonies Pub & Campground, LLP: 31870 Co Hwy 130, Candor Township, Vickie Ludwig.

Candor Township delegated registration authority to Otter Tail County in mid-October. 

Buffer distances are not required for any establishment that sells Lower-Potency Hemp Edibles.

Highway

Otter Tail County agreed to sponsor the City of Vergas for a Local Road Improvement Program (LRIP) project identified as West Lake Street between the west city limits and County State Aid Highway 17. Sponsorship includes acting as the fiscal agent, keeping the project on schedule, and ensuring that all program documentation and requirements are met, with compliance of all applicable laws, rules and regulations.