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(a) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this Division K for a violation of:
(1) Fraud, misrepresentation or false statement contained in a license application or a renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed occupation or business;
(3) Any violation of this Division K or state law;
(4) A licensee’s criminal conviction that is directly related to the occupation or business licensed as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time; or
(5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community.
(b) Notice and hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application.
(c) Effect of suspension by Council. If a
, or
license holder has his or her license suspended by the City Council, the license holder may continue his or her licensed activities after the suspension period concludes. The license holder is eligible for renewal of his or her license after the suspension period is served.
(1958 Code, § 169.06) (Ord. 226, passed 3-7-1960; Ord. 86-38, passed 6-23-1986; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2008-15, passed 5-5-2008; Ord. 2010-8, passed 4-12-2010)
(a) License conditions. The
shall issue a temporary
license to the following individuals who can demonstrate to the
that he or she:
(1) Has current insurance coverage of $1,000,000 for professional liability in the practice of
; and
(2) Has completed 400 hours of certified therapeutic
training from an
or
that has been approved by the
.
(b) Duration and limit of license. A temporary therapist license shall be effective for a maximum of four days, and a therapist shall not be issued more than three temporary licenses during a 12-month period.
(c) License application and fee. A temporary therapist license shall be issued only upon receipt of the fee for a therapeutic
license as set forth in City Code Appendix A, and a complete license application, which shall be submitted at least seven days prior to requested effective date of the temporary license. The temporary license application shall request the following information:
(1) The applicant’s name and current address;
(2) The applicant’s current employer;
(3) The applicant’s employers for the previous five years, including the employer’s name, address and dates of employment;
(4) The applicant’s addresses for the previous five years;
(5) The applicant’s date of birth, home telephone number, weight, height, color of eyes and color of hair;
(6) Whether the applicant has ever been convicted of any felony, crime or violation of any ordinance other than a minor traffic offense and, if so, the time, place and offense for which convictions were had;
(7) Whether the applicant has had an interest in, individually or as part of a corporation, partnership, association, enterprise, business or firm, a
license revoked or suspended within the last five years of the date the license application is submitted to the
;
(8) Whether the applicant is a United States citizen or resident alien, or has the legal authority to work in the United States; and
(9) Whether the applicant has ever used or been known by a name other than the applicant’s name, and if so, the name or names and information concerning dates and places where used.
(d) License verification and consideration. The
is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver’s license history inquiry on the applicant. Within seven days of receipt of a complete application and fee the
shall grant or deny the application. An applicant who is denied a license by the
shall be granted a right to appeal to the City Council.
(e)
ineligible for license. No temporary
license shall be issued to a
who:
(1) Is not 18 years of age or older at the time the application is submitted to the
;
(2) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, subd. 2, as it may be amended from time to time, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(3) Has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a
license that was revoked or suspended within the last five years of the date the license application is submitted to the
;
(4) Is not a citizen of the United States or a resident alien or does not have the legal authority to work in the United States;
(5) Is not of good moral character or repute; or
(6) Has knowingly misrepresented or falsified information on the license application.
(1958 Code, § 169.07) (Ord. 226, passed 3-7-1960; Ord. 65-56, passed 8-23-1965; Ord. 78-61, passed 9-25-1978; Ord. 86-38, passed 6-23-1986; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995; Ord. 98-7, passed 3-2-1998; Ord. 2010-8, passed 4-12-2010; Ord. 2021-39, passed 11-29-2021)
A violation of this Division K shall be a misdemeanor under state law.
(1958 Code, § 169.08) (Ord. 226, passed 3-7-1960; Ord. 68-64, passed 8-5-1968; Ord. 86-58, passed 8-25-1986; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995)
If any section, subsection, sentence, clause or phrase of this Division K is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division K. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(1958 Code, § 169.09) (Ord. 226, passed 3-7-1960; Ord. 93-22, passed 4-26-1993; recodified by Ord. 95-13, passed 8-7-1995)
The purpose of this section is to implement the provisions of M.S. Chapter 342 and Bloomington City Charter § 1.02, which authorizes the city to protect the public health, safety, welfare of Bloomington residents by requiring registration and regulations of
in accordance with Minnesota law. The city recognizes that the unregulated use of cannabis products and lower-potency hemp products poses risks to the health, safety, and welfare of its residents, particularly those under the age of 21.
The City Council has the authority to adopt this ordinance pursuant to:
(a) M.S. § 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions on the time, place, and manner of the operation of a
provided that such restrictions do not prohibit the establishment or operation of cannabis businesses.
(b) M.S. § 342.22, requires that
, medical
, medical cannabis combination businesses, cannabis microbusinesses with a retail operations endorsement, cannabis mezzobusinesses with a retail operations endorsement, and register with the city before making retail sales to customers or patients, and the city is authorized to perform
of every such registered cannabis.
(Ord. 2024-25, passed 10-28-2024)
Unless otherwise noted in this section, the words and phrases contained in M.S. § 342.01 and the rules promulgated by the
pursuant shall have the same meanings in this city code.
CANNABIS RETAIL BUSINESS. A business that is licensed or required to be licensed by the State of Minnesota as a
, cannabis mezzobusiness with retail operations endorsement, cannabis microbusiness with retail operations endorsement, or medical cannabis combination business operating a retail location, and .
CANNABIS RETAILER. Any
, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.
COMPLIANCE CHECK. The system used by the city to investigate and ensure that those authorized to sell products subject to licensing and registration are following and complying with the requirements of this article and state law. Compliance checks involve the use of
under the age of 21 who purchase or attempt to purchase such products.
ISSUING AUTHORITY. The City of Bloomington License Section.
LOWER-POTENCY HEMP EDIBLE. As defined under M.S. § 342.01, subd. 50.
LOWER-POTENCY HEMP EDIBLE RETAILER. A hemp business, as defined by M.S. § 342.01, subd. 34, that holds a valid
retail license.
OFFICE OF CANNABIS MANAGEMENT. Minnesota Office of Cannabis Management, herein referred to as "OCM".
PARK ATTRACTION. An attraction within a public park that is regularly used by minors, including, but not limited to a playground or athletic field.
PERSON. One or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
RESIDENTIAL TREATMENT FACILITY. As defined under M.S. § 245.462, subd. 23.
RETAIL REGISTRATION. An approved registration issued by the
to a state-licensed .
RETAIL SALE. Any transfer of goods for money, trade, barter, or other consideration for cannabis or
products.
SCHOOL. A public school as defined under M.S. § 120A.05 or a nonpublic school that must meet the reporting requirements under M.S. § 120A.24.
SELF-SERVICE OR AUTOMATED SALE. Any sale, including online sales, of a cannabis product that is accessible to the public without the personal assistance of an employee of the licensed establishment.
STATE LICENSE. An approved license issued by the State of Minnesota's to a .
(Ord. 2024-25, passed 10-28-2024)
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