3-24-7: VIOLATIONS:
   A.   Generally: Any violation of this chapter shall be grounds to revoke or suspend a license. The city may seek to enforce this chapter through criminal prosecution, administrative penalties, and/or civil relief.
   B.   Criminal Penalty: In addition to the criminal penalties set forth in Minnesota statutes, the following shall constitute a criminal violation of this chapter:
      1.   Misdemeanor to furnish Cannabinoid Products to a person under the age of 21 years.
      2.   Any person violating any of the provisions of Minn. Stat. § 151.72 or provisions of this chapter; shall be guilty of a misdemeanor.
   C.   Presumptive Administrative Penalties
      1.   Purpose: These penalties are presumed to be appropriate and shall apply to all premises licensed under this chapter. The council may deviate from the presumptive penalty where the council finds that there exist substantial reasons making it appropriate to deviate. When deviating from these standards, the council will provide written findings that support the penalty selected.
      2.   Presumed Penalties for Violations:
 
Type Of Violation
1st Violation
2nd Violation
3rd Violation
4th Violation
Sale of cannabinoid products while license is under suspension.
Revocation
N/A
N/A
N/A
Sale of cannabinoid products to underage person.
$750.00
$1,000.00 and 3 days
$1,500.00 and 6 days
Revocation
Other violations of Minn. Stat. § 151.72 or this chapter.
$250.00
$500.00 and 3 days
$1,000.00 and 6 days
Revocation
 
Computation Of Violations: Any violation which occurred within two (2) years of the current violation will be counted. Number of days indicate consecutive days’ suspension.
   D.   Administrative Penalties Process: The license holder shall be responsible for the conduct of its agents or employees while on the licensed premises. Any violation of this chapter shall be considered an act of the license holder for purposes of imposing an administrative penalty, license suspension, or revocation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
      1.   Notice Of Violation: Upon the occurrence of a suspected violation, the police department shall inform the city administrator of the suspected violation. The city administrator or designee shall then send to the license holder a written notice of the violation. The notice shall advise the license holder of the administrative penalty and the license holder’s right to request a hearing.
      2.   Hearing: Following receipt of a notice of denial of license or violation of this chapter, an applicant or license holder may request a hearing before the city council. A request for a hearing shall be made by the applicant or license holder in writing and filed with the city administrator or designee within ten (10) days of receiving the notice of denial or violation. Following receipt of a written request for hearing, the applicant or license holder shall be afforded an opportunity for a hearing before the council. If a committee of the council is delegated responsibility to conduct the hearing it shall report its findings and make a recommendation to the full council.
      3.   Findings: If after the hearing the applicant or license holder is found ineligible for a license, or is in violation of this chapter, the council may affirm the denial, impose an administrative penalty, issue a suspension or revocation, or impose any combination thereof. A decision that a violation has occurred must be in writing.
      4.   Default: If the applicant or license holder has been provided written notice of the denial or violation and if no request for a hearing is filed within the ten (10) day period, then the denial or administrative penalty imposed shall take immediate effect by default. The city administrator or designee shall mail notice of the denial, fine, suspension or revocation to the applicant or license holder. The city police shall investigate compliance with the suspension or revocation. (Ord. 1075, 11-7-2022)