Ordinance No. 145 Edible Cannabinoid Products

Home

1. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to the licensed activity, or has had a license to sell edible cannabinoid products, tobacco, or liquor revoked or suspended within the past five years; 2. Fraud, misrepresentation, bribery, or incorrect statement contained in the application for license, or made in carrying on the licensed activity; 3. Actions that are unauthorized or otherwise beyond the scope of the license granted; 4. Violation of any federal, state, or local regulation or provision; 5. Failure to continuously comply with all conditions required as part of the license; 6. Failure to comply with the applicable zoning code; or 7. Failure to pay an administrative penalty imposed by the City Council. 8. The City discovers the license was mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this ordinance. 2. Process. The City will provide a licensee at least 10 days written notice of a hearing to be held before the City Council on the potential suspension, revocation, or nonrenewal of its license. The licensee shall be provided an opportunity to be heard at the hearing. If the City Council acts to suspend, revoke, or not renew the license, the City will provide the licensee a written notice of the period of suspension, or of the revocation or nonrenewal. All sales of edible cannabinoid products must cease during a suspension period or permanently upon revocation or nonrenewal of the license. Section 11. Violation. Unless expressly indicated otherwise, a violation of this ordinance is a misdemeanor. The City may also impose administrative penalties on a licensee for violation of this ordinance. Any administrative penalties may be imposed by the City Council, or by administrative citation, and shall be collected in accordance with the municipal code. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. Section 12. Severability and Savings. If any section or portion of this ordinance is found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as invalidation or affect the validity and enforceability of any other section or provision of this ordinance. Section 13. Effective Date and Term. This ordinance shall become effective on the first day of publication after adoption. This ordinance shall terminate and no longer be effective once the sale of edible cannabinoid products is no longer allowed except upon the issuance of a license to sell lower -potency hemp edibles by the Office of Cannabis Management under Minnesota Statutes, chapter 342. Section 14. Incorporation. This ordinance incorporates by reference the sections or provisions of the municipal code as may be needed to give effect to the provisions of this ordinance and to otherwise carry out its intent. Section 15. Not Codified. Because this ordinance has a limited duration, it will not be codified into the municipal code. Adopted by the City Council of the City of Gem Lake, Minnesota on the 21 st day of November 2023. Cm&" 44.�S~t4 Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk Edible Cannabinoid Products Ordinance No. 145