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No sale of cannabinoid products may be made:
(A) After 10:00 p.m. on Mondays through Sundays;
(B) Before 8:00 a.m. on Mondays through Saturdays;
(C) Before 12:00 noon on Sundays;
(D) On Thanksgiving Day;
(E) On Christmas Day, December 25; and
(F) After 8:00 p.m. on Christmas Eve, December 24.
(Ord. 241, passed 1-23-2023)
(A) Actions of employees. All licensees under this chapter shall be responsible for the actions of their employees in regard to the sale of edible cannabinoid products on the licensed premises, and the sale of such an item by an employee shall also be considered a sale by the license holder. The license holder shall at all times be responsible for how edible cannabinoid products are offered for sale on the licensed premises and for ensuring that such edible cannabinoid products are compliant with this chapter and state and federal law. Violations of this code, state law, or other applicable law or regulation may be enforced against the license holder and any other responsible individual. Nothing in this section shall be construed as prohibiting such separate enforcement actions related to a single behavioral incident nor shall the imposition of any penalty act as a bar to the prosecution, licensing action, or other enforcement action against another.
(B) Maintenance standards. The property shall conform to all building and zoning requirements of the City of Hoyt Lakes and the laws of the state of Minnesota.
(Ord. 241, passed 1-23-2023)
All licensed premises shall be open to inspection by the East Range Police Department or other authorized city official during regular business hours. The East Range Police Department or city may conduct compliance checks from time to time. The city may conduct a compliance check that involves the participation of a person between the ages of 18 and 20 to enter the licensed premises to attempt to purchase edible cannabinoid products. Persons under the age of 21 used for compliance checks shall not be guilty of an unlawful purchase or attempted purchase, not the unlawful possession of edible cannabinoid products when those items are obtained or attempted to be obtained as part of the compliance check. No person under the age of 21 used in compliance checks shall attempt to use a false identification misrepresenting the persons age and all persons under the age of 21 lawfully engaged in a compliance check shall answer all questions about their age asked by the licensee or his/her employee and shall produce any identification, if any exists, for which he/she is asked.
(Ord. 241, passed 1-23-2023)
Every cannabinoid license is subject to revocation for violations of this section or any other provision of Minnesota or City of Hoyt Lakes Ordinances.
(A) Violations. Violations of this section shall be reported to the City Clerk’s Office. The City Administrator shall review the violation and provide written notice to the license holder of the violation and any necessary remedial actions.
(B) Revocation. If a license holder fails to correct a violation or receives three violations within any 12-month period, the City Administrator shall recommend revocation of the license to the City Council. The City Council and City Administrator shall provide written notice to the owner and any registered agent of the revocation. The notice shall inform the owner and agent of the right to appeal the decision to the Hoyt Lakes City Council.
(C) Appeal. A license holder aggrieved by the revocation of a license may appeal to the City Council. Such appeal shall be taken by filing with the City Clerk’s office within ten days after date of issuance of the written revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the City Clerk’s Office in writing, setting forth the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the license holder at his/her last known address at least five days prior to the date set for hearing.
(D) Effect of Revocation. If a license is revoked, it shall be unlawful for anyone to thereafter allow any new sale of cannabinoid products until such time as a cannabinoid license is issued by the city. No person who has had a license revoked under this section shall be issued a cannabinoid license for five years from the date of revocation.
(Ord. 241, passed 1-23-2023)
(A) All persons violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $300 or imprisonment in the county jail for not more than 90 days, plus the costs of prosecution in either case.
(B) Second offense by the same party in the same calendar year shall be guilty of a gross misdemeanor.
(Ord. 241, passed 1-23-2023)