(A) Required. No person shall sell or offer to sell any cannabinoid products without first having obtained a license to do so from the city.
(B) Application. Any business owner or property owner desiring a retail cannabinoid product license will make and file with the City Clerk an application, in writing. Such application will give the name and resident address of the applicant, if an individual; will identify the location at which it is proposed to sell the cannabinoid products at retail, and will provide such other information as the city may require from time to time.
(C) Police investigation. The City Clerk will immediately transmit a copy of the application to the Chief of Police, who will investigate all facts and information which he or she can reasonably find, bearing upon the question of the applicant's fitness to receive the license and to perform the duties imposed by this chapter. The Police Department is responsible for conducting background checks prior to issuance of license, and the Department is authorized to conduct such additional investigation as deemed necessary. Upon completing the investigation, the Chief of Police will report, in writing, his or her findings to the City Administrator or designee, together with his or her recommendation as to the issuance of a license to the applicant. The City Administrator or designee will submit to the City Council the report of the Chief of Police, together with the recommendation as to the issuance of the license to the applicant.
(D) Action. The City Council will consider the facts and recommendation of the Chief of Police and of the City Administrator, together with any material facts which it may have or obtain, and then, by motion, will approve or deny the application.
(E) Term. All licenses issued under this chapter shall expire at midnight on December 31 of each year.
(F) Revocation or suspension. Any license issued under this chapter may be revoked or suspended by the City Council as provided in § 117.08.
(G) Renewals. The renewal of a license issued under this chapter shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license.
(H) Non-transferrable. No license shall be issued for the sale of cannabinoid products at any place other than the applicant's place of business where retail, food, or beverage sales occur or will occur. No license shall be issued for a moveable place of business; nor shall any single license be issued at more than one place of business. No license shall be issued for sales from a residential dwelling unit or accessory structure.
(I) Fee. No license shall be issued under this chapter until the appropriate license fee shall be paid in full. The fee for a cannabinoid license under this chapter shall by established by the City Council and adopted in the city fee schedule, as may be amended from time to time.
(J) Exemptions.
(1) This section does not apply to any medical cannabis product dispensed by a registered medical cannabis manufacturer pursuant to M.S. §§ 152.22 to 152.37. Medical cannabis dispensaries that sell non-medical cannabis products which are also cannabinoid products are not exempt from this section.
(2) This section does not apply to cannabinoid products that contain non-intoxicating, non-psychoactive cannabinoids as the primary cannabinoid ingredient, such cannabidiol ("CBD") or cannabinol ("CBN").
(Ord. 307, passed 7-11-2023)