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(A) Sales. It shall be a violation of this section for any person to sell or offer to sell any cannabinoid products:
(1) To any person under the age of 21 years.
(2) By means of any type of vending machine.
(3) By means of self-service merchandising whereby the customer does not need to make a verbal or written request to an employee of the licensed premises to receive the cannabinoid product. All such products shall be stored behind a counter or other area not freely accessible to customers.
(4) That contain any chemical compound or drug that is otherwise a controlled substance under state law.
(5) That contain any amount of HHC.
(6) By any other means or to any other person prohibited by state or other local laws, ordinances, or other regulations.
(7) That fails to meet the labeling requirements as established in M.S. § 151.72, subds. 5, 5a, and 6.
(8) That fails to meet the testing requirements as established in M.S. § 151.72, subd. 4.
(B) Sampling and on-site consumption. Sampling of cannabinoid products within an establishment selling any cannabinoid product is prohibited.
(C) Signage. The licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products.
(D) Delivery. All sales of cannabinoid products must be completed on the licensed premises. Delivery by the licensee or a third party to the consumer is prohibited.
(E) Testing requirements. All manufacturer testing must comply with the requirements set forth in M.S. § 151.72, subd. 4, as may be amended.
(F) Labeling requirements. All labeling must comply with the requirements set forth in M.S. § 151.72, subds. 5, 5a, and 6, as may be amended.
(G) Employee background checks. Licensee shall require potential employees who will sell or handle cannabinoid products to complete a background check authorization form provided by the city and submit the completed form to the Police Department. The potential employee shall not begin work prior to the conclusion of the background check.
(Ord. 307, passed 7-11-2023)
Compliance check. All retail areas on premises licensed under this section shall be open to inspection by the city during regular business hours. From time to time the city may conduct compliance checks by engaging minor persons over 15 years of age but under 21 years of age to enter the licensed premises to attempt to purchase cannabinoid products.
(Ord. 307, passed 7-11-2023)
(A) Generally. Any violation of this section shall be grounds to revoke or suspend a license under this section. Notwithstanding misdemeanor prosecution, the city may also seek an administrative penalty or civil injunctive relief for violations under this section.
(B) Criminal penalty. It shall be a:
(1) Misdemeanor to sell cannabinoid products to a person under the age of 21 years.
(2) Misdemeanor to furnish cannabinoid products to a person under the age of 21 years.
(3) Misdemeanor to violate the provisions of M.S. § 151.72 or this section.
(C) Administrative penalties.
(1) Presumed administrative penalties for violations: The presumed penalties for violations of a licensee are as follows:
Type of Violation | First Violation | Second Violation within 36 Months | Third Violation within 36 Months | Fourth violation within 36 Months |
1. Sale of cannabinoid products while license is under suspension. | Revocation | N/A | N/A | N/A |
2. Sale of cannabinoid products to an underage person. | $500 | $1,000 and 1-day suspension | $2,000 and 30-day suspension | Revocation |
3. Failed test of sample product or misbranding if retailer is also manufacturer of product. | $250 and remaining identical products must not be sold | $500 and remaining identical products must not be sold | $1,000, 1-day suspension, and remaining identical products must not be sold | Revocation |
4. Other violations of M.S. § 151.72 or this section. | $250 | $500 | $1,000 and 1-day suspension | Revocation |
(2) The imposition of a presumptive penalty shall be communicated by a written notice to the licensee by the City Administrator. The penalty may be appealed through an administrative hearing process by filing a written appeal and delivering the appeal to the City Administrator within ten days of the notice.
(3) The appeal notice and hearing procedure shall follow the procedure outlined in § 113.12, except that the City Council shall conduct the hearing and render a decision in lieu of a hearing officer. The City Council's decision is final. Appeals of any decision made by the City Council under this chapter shall be filed in the district court for the city in which the alleged violation occurred within ten business days.
(4) Subsequent violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing if requested, must be treated as a separate violation, and dealt with as a second violation. The same procedure applies to the second, third, or fourth violations.
(Ord. 307, passed 7-11-2023)