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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)
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 be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this chapter, state or federal law, or other applicable law or regulation. Licensees must comply with all other state and local laws and ordinances.
(Ord. 03-22, passed 10-24-2022)
No sale of edible cannabinoid products may be made:
(1) On Sundays, except between the hours of 11:00 a.m. and 6:00 p.m.;
(2) Before 8:00 a.m. on Monday through Saturday;
(3) After 10:00 p.m. on Monday through Saturday;
(4) On Thanksgiving Day;
(5) On December 25; and
(6) After 8:00 p.m. on December 24.
(Ord. 03-22, passed 10-24-2022)
(1) Administrative civil penalties -- individuals. If a person who is not a licensee is found to have violated this chapter, the person shall be charged an administrative penalty as follows:
(a) First violation. The Council shall impose a civil fine not to exceed $50.
(b) Second violation within 12 months. The Council shall impose a civil fine not to exceed $100.
(c) Third violation within 12 months. The Council shall impose a civil fine not to exceed $150.
(2) Same -- licensee. If a licensee or an employee of a licensee is found to have violated this chapter, the licensee shall be charged an administrative penalty as follows:
(a) First violation. The Council shall impose a civil fine of $500 and suspend the license for not less than one day.
(b) Second violation within 36 months. The Council shall impose a civil fine of $1,000 and suspend the license for not less than three consecutive days.
(c) Third violation within 36 months. The Council shall impose a civil fine of $2,000 and suspend the license for not less than ten consecutive days.
(d) Fourth violation within 36 months. The Council shall revoke the license for at least one year.
(3) Administrative penalty procedures. Notwithstanding anything to the contrary in this section:
(a) Any of the administrative civil penalties set forth in this section that may be imposed by the Council, may in the alternative be imposed by an administrative citation.
(b) If one of the foregoing penalties is imposed by an action of the Council, no penalty shall take effect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council, and such notice must be in writing and must provide that a right to a hearing before the Council must be requested within ten business days of receipt of the notice or such right shall terminate.
(4) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this chapter.
(Ord. 03-22, passed 10-24-2022)