(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)