(A) Compliance checks and inspections. All licensed premises must be open to inspections by law enforcement or other authorized city officials during regular business hours. From time to time, but at least once per year, the city will conduct compliance checks. The city will conduct a compliance check that involves the participation of a person at least 17 years of age, but under the age of 21 to enter the licensed premises to attempt to purchase 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 will be supervised by law enforcement or other designated personnel.
(B) Civil penalty, suspension, or revocation of licenses.
(1) Compliance. The City Council will follow the provisions of this section of the chapter on the suspension, revocation, or imposition of a civil penalty against any license granted under this chapter.
(2) Notice of violation. The Chief of Police will provide, in writing, to the licensee either personally or by mail, notice of any alleged violation of the provisions of this chapter or M.S. Chapter 151, as it may be amended from time to time, committed in the operation of the licensee’s business, and provide notice to the City Attorney’s office. If the City Attorney’s office determines from the facts and circumstances reported, together with any other facts and circumstances known to it, that the violation may warrant a civil penalty, suspension, or revocation of the license held by the licensee, it will notify the licensee, and set a time and place for a hearing sufficiently in advance to provide ten days’ written notice of the time, place, and purpose of such hearing to the licensee.
(3) Hearing on alleged violations. The hearing will be held before an independent hearing officer, in accordance with §§ 30.45 through 30.48. At the time of the hearing, the licensee may appear and present any evidence which is material to the investigation. The hearing officer will make findings of fact as to whether a violation of the provisions of this chapter or M.S. Chapter 151, as it may be amended from time to time, have been committed in the operation of the licensee’s business and whether the violation was willful in nature. The hearing officer will also make a recommendation as to what penalty, if any, will be applied. The City Council will adopt the hearing officer’s findings of fact that the licensee has violated any of the provisions of this chapter or state law, and may impose a civil fine, suspend, or revoke the license in accordance with the schedule in § 10.99.
(4) Mandatory revocation. The Council will revoke the license of any licensee under this chapter if the licensee willfully violates any provisions of this chapter or M.S. Chapter 151, as it may be amended from time to time.
(Ord. 2023-03, passed 7-25-2023)