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The provisions of Chapter 601 shall apply to the issuance of licenses hereunder.
(Ord. 03-22, passed 10-24-2022)
Except as otherwise provided or clearly implied by context all terms shall be given their commonly accepted definitions. Within this chapter, the following terms shall have the definitions given to them:
CONVICTED. Any disposition of a criminal charge that is not a dismissal or acquittal.
EDIBLE CANNABINOID PRODUCT. A product that is intended to be eaten or consumed as a beverage by humans and contains a cannabinoid in combination with food ingredients and comports with all of the requirements of M.S. §151.72 or its progeny.
PERSON. Individuals, partnerships, corporations, or any other legal entity.
PRIMARY PLACE OF BUSINESS. The physical location where the edible cannabinoid product will be sold; the primary place of business must be a permanent building with a mailing address.
SCHOOL. A public or nonpublic elementary or secondary school.
SELL. Sell, give away, barter, deliver, exchange, distribute or dispose of to another or to offer or agree to perform any of the aforementioned.
VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses a product upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the product.
(Ord. 03-22, passed 10-24-2022)
No license under this chapter will be issued to or held by:
(1) Any person whose primary place of business will be within 1,000 feet of a school or church.
(2) Any person manufacturing edible cannabinoid product on the same premises as the retail sales; unless retail sales are conducted in a separate area of the premises with a separate entrance/exit from the manufacturing operation.
(3) Any person who does not have a primary place of business. No door-to-door sales or pop-up vendors of edible cannabinoid product is allowed.
(4) Any person who has been convicted of a violation of M.S. Ch. 152.
(5) Any person who has been convicted of illegal acts involving alcohol, tobacco, or M.S. § 151.72.
(6) Any person under the age of 21.
(Ord. 03-22, passed 10-24-2022; Am. Ord. 07-23, passed 8-28-2023)
An application for a license under this chapter shall be made to the City Clerk in writing on a form provided by the city.
(1) Application form. The application must include the following:
(a) Applicant's full name and date of birth.
(b) Applicant's residence address and telephone number.
(c) Applicant's primary place of business address and telephone number.
(d) Name of applicant's business.
(e) Kind of business being conducted or to be conducted.
(f) Whether the applicant has been charged within the preceding five years of violating any federal, state, or local laws relating to the sale of tobacco, vaping products, alcohol, or THC products and the circumstances which lead to any charge.
(g) Such other information as required by the city.
(h) Proof of liability insurance.
(2) Application fee. The license fee shall be paid in full before the application for a license is accepted. All fees shall be paid into the general fund of the city. Upon rejection of any application for a license or withdrawal of the application for approval, the fee shall be refunded to the applicant, less costs for processing.
(Ord. 03-22, passed 10-24-2022)
Application and license fees for licenses issued pursuant to this chapter shall be established from time to time by ordinance of the City Council and in the city fee schedule. Fees shall be sufficient to cover the costs of investigating and issuing a license and the anticipated expenses and costs of enforcing this chapter. Fees shall be prorated on a monthly basis and the commencement of a license period may be stayed until the purpose for which the license is granted begins.
(Ord. 03-22, passed 10-24-2022)
Cross-reference:
City fee schedule, see § 218.01
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 Clerk shall issue the license to the applicant.
(Ord. 03-22, passed 10-24-2022)
Each license shall be issued for a period of one year, except, that if the application is made during the license year, a license may be issued for the remainder of the year for a pro-rata fee with any unexpired fraction of a month being counted as one month. Every license shall expire on the last day of June.
(Ord. 03-22, passed 10-24-2022)
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. The issuance of a license pursuant to 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.
(Ord. 03-22, passed 10-24-2022)
A license holder or anyone acting under the license holders' authority, express or implied, may not do the following:
(1) Sell an edible cannabinoid product to any individual who is not at least 21 years of age.
(2) Allow an edible cannabinoid product to be consumed at their primary place of business.
(3) Sell any product which does not comply with M.S. §151.72 or its progeny.
(4) Allow any person under the age of 18 to sell an edible cannabinoid product.
(5) Sell an edible cannabinoid product through any vending machine.
(6) Provide delivery services for an edible cannabinoid product.
(7) Sell edible cannabinoid products through internet sales.
(Ord. 03-22, passed 10-24-2022)
All licensed premises shall be open to inspection by the City Police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging persons at least 17 years of age, but less than 21 years of age, to enter each licensed premises to attempt to purchase edible cannabinoid products. Prior written consent from a parent or guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. No persons used in compliance checks shall attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check shall answer all questions about the person's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research, training purposes or required for enforcement of a particular state or federal law.
(Ord. 03-22, passed 10-24-2022)
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