(A) License required. No person shall sell or offer to sell THC product without first having obtained a license to do so from the city. Any establishment currently operating will have 60 days to apply for a license and become compliant with this chapter.
(B) Application. An application for a license to sell shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, certification of liability insurance that covers the applicant’s sales of THC products, and any additional information the city deems necessary. Upon receipt of a completed application, the City Administrator shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Administrator shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
(C) Partnership or limited liability partnership. If the applicant is a partnership or limited liability partnership, the names and addresses of all partners and all information concerning each partner is required of a single applicant. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the applicant’s partnership agreement, if any, shall be submitted with the application. If and in the event the composition of the partnership shall change at any time subsequent to the initial application, any amended partnership agreements or other documents showing the change in the partnership status must be filed with city.
(D) Corporation, limited liability company or other business entity. If the applicant is a corporation, limited liability company, or any other business entity, the following information shall be required:
(1) Company name and address, registered agent and registered agent’s address, and state of incorporation or organization.
(2) A true copy of Certificate of Incorporation or Organization, Articles of Incorporation or Organization, and if foreign, any certificate of authority to conduct business in the state as required by law.
(3) The name of the operating officer, manager, proprietor, or other agent in charge of the premises to be licensed, giving all the information about the said person as required in the application.
(4) A list of all persons who, whether individually or with another, own or control any interest in said corporation or association together with their addresses and all information as is required of a single applicant.
(5) The name of the business if it is to be conducted under a designation, name, or style other than the full legal name of the applicant.
(6) The address or physical location of the business.
(E) Disclosure of ownership interests. At the time of application, each applicant shall furnish the city with a list of all persons that have interest of 10% or more in the business. The list shall include the legal name and address of all owners and show the interest held by each, either individually or beneficially for others. It is the duty of each business licensee to notify the City Clerk in writing of any change in ownership of the business. Any change in the ownership or control of the business shall be deemed equivalent to a transfer of the license, and any such license shall be revoked 30 days after any such change in ownership or control unless the licensee has notified the city of the change in ownership by submitting a new license application for the new owners, and the Council has approved the transfer of the license by appropriate action. A background check on all new applicants will be conducted and any relevant business records to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business.
(F) Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Administrator shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the City Council’s decision.
(G) Term. All licenses issued shall be valid for one calendar year from the date of issue.
(H) Revocation or suspension. Any license issued may be revoked or suspended.
(I) Transfers. All licenses issued shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid.
(J) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed.
(K) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(L) 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.
(M) Zoning code applies. No license shall be issued for a location not zoned appropriately per Ch. 154 of this code for the sales proposed by the applicant.
(N) Issuance as privilege and not a right. The issuance of a license issued under this chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
(O) On-sale, off-sale liquor licensees. No license shall be issued to the holder of an on-sale, off-sale, beer, wine, or liquor license issued by the city.
(P) Restaurants. No license shall be issued to any restaurant as defined by M.S. § 157.15, subd. 12.
(Ord. 35, Eighth Series, effective 1-22-2023)