(A) General rule. No person or retail establishment may sell intoxicating THC products without first having obtained a license from the city.
(B) Application. In addition to the application information requirements of § 110.03, the applicant shall submit a copy of the educational materials the applicant uses to educate employees as part of its instructional program.
(D) Investigations.
(1) For all new and renewal applicants, a background investigation will be conducted on the applicant listed on the application, pursuant to § 110.03(C)(5). If more than one background investigation is required, the applicant shall pay a background investigation fee for each background investigation conducted. For applicants who have an existing intoxicating THC license and want to add an additional location at any time other than annual renewal, a background investigation will be required.
(2) For applicants who are applying for a license for more than one location, only one background investigation and background investigation fee shall be required.
(E) License term. The license term begins on January 1 and terminates on December 31. License fees will not be prorated.
(F) Non-transferability. A license is non-transferable. All licenses issued under this section are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location, business or person is prohibited. If there is a change in the ownership of the retail establishment, a new license is required and the applicant shall be required to submit to a background investigation as a new applicant.
(G) Instructional program. No person shall be issued a license or renewal license to sell licensed products unless an applicant or licensee has a program for instructing all employees regarding the legal requirements pertaining to the sale of licensed products at the retail establishment for which the license was issued. The instructional program shall include, but is not limited to, reviewing the law on the sale of licensed products, requiring employees to request identification from every customer who is under 27 years of age, providing information that the sale of licensed products to anyone under 21 is illegal, explaining what kind of proof of age is legally acceptable, and that a sale to a person below the legal sales age can subject the applicant or licensee and its employees to criminal and/or civil liability.
(H) Age verification device and digital security video. All license holders shall be required to install or possess age verification devices and digital security video at the licensed location. The Police Department shall confirm that the devices have been installed prior to approval of the license.
(I) Moveable place of business. No license shall be issued to a movable place of business. Only fixed retail establishment locations shall be eligible to be licensed under this section.
(J) Secure display of intoxicating THC products. All intoxicating THC products and devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. This requirement does not apply to specialty intoxicating TCH product retailers, who must prohibit access to anyone under the age of 21.
(K) Signage. Notice of the legal sales age and age verification requirements must be posted at each location where licensed products are offered for sale. The required signage, which shall be provided to the licensee by the city, must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase.
(L) Zoning compliance. No intoxicating THC product license shall be granted until all applicable zoning requirements are met or until all conditions for approval of the use have been satisfied.
(M) Limit on licenses. No more than two licenses shall be issued to businesses meeting or exceeding the definition of specialty intoxicating THC product retailer at any one time. In the event that more than two applications are submitted at the same time, then a point system shall be used to determine which businesses are issued the two licenses, with one point for each of the criteria below:
(1) It is an existing business that has been established at the location for more than six months or it is a business applying for a renewal application.
(2) The establishment location is a legal conforming use.
(3) The applicant/owner is a West St. Paul resident.
(4) The applicant is a member of a historically disadvantaged community.
(5) A completed application was submitted that complies with all information required and fees paid.
The two applications with the highest number of points shall be issued a license. In case of a tie, the licenses shall be determined through a drawing by the Mayor.
(N) Exceptions. No license shall be required for the following:
(1) Medical marijuana distribution facilities licensed or approved by the state.
(2) The sale of non-intoxicating CBD products, which may be sold in any business establishment in the B-2, B-3, or B-4 zoning districts.
(O) Basis for denial, revocation or suspension of license. In addition to the grounds enumerated in § 110.12(B), any one of the following reasons are grounds for denying, revoking or suspending a license under this section; however, except as may otherwise be provided by law. If a license is mistakenly issued or renewed, it will be revoked upon the discovery that the applicant was ineligible for the license under this subdivision.
(1) The applicant is under the age of 21 years.
(2) The applicant is prohibited by federal, state or other local law, ordinance or other regulation, from holding such a license.
(3) The applicant is applying for a location in an area that is prohibited for such use by state law or the city zoning code or where the property line is within 1,000 feet of a school.
(P) Renewals. The renewal of a license issued under this section must be handled in the same manner as the original application. The request for a renewal must be made at least 60 days before the expiration of the current license.
(Ord. 22-015, passed 10-24-2022; Ord. 23-004, passed 3-13-2023)