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10-09-2024 Workshop Packet
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10-09-2024 Workshop Packet
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While only OCM has the power to grant licenses, the city has additional tools and authorities <br />granted in the statute: <br /> <br />1. Certification of license application. The city shall certify whether a proposed cannabis <br />business complies with local zoning ordinances and, whether the proposed business <br />complies with the state fire and building codes within 30 days of receiving a copy of the <br />application from OCM. OCM may not issue a license if the city informs OCM that the <br />cannabis business does not meet local zoning and land use laws. <br /> <br />2. Registration. The city must register cannabis retail businesses AND lower-potency hemp <br />edible retailers, but may choose to register all other cannabis businesses. In the alternative, <br />the city can designate the county as the local authority that registers retail businesses. If the <br />city keeps the registration process, it may limit to the number of licensed retailers. The city <br />must allow no fewer than 1 retail shop per 12,500 residents, meaning Little Canada would <br />be required to allow at least 1 retail cannabis business in the city. <br /> <br />a. The city may impose an initial retail registration fee of $500.00 or up to half the <br />amount of the initial license fee, whichever is less, and a renewal registration of <br />$1,000.00 or up to half the amount of applicable renewal fee, whichever is less. The <br />initial application fee shall include the fee for initial registration and the first annual <br />renewal. <br /> <br />b. Before issuing the registration, the city may conduct a preliminary compliance check <br />to ensure compliance with applicable operation requirements, including any local <br />ordinances regarding cannabis businesses, confirm the business has a valid license <br />with OCM, has paid the registration fee, and is current on all property taxes and <br />assessments. <br /> <br />c. A retail registration may not be transferred. <br /> <br />d. If the city does the registration process, we must also conduct the following <br />compliance checks: <br /> <br />i. Annual compliance check. <br />ii. Unannounced age verification checks (similar to a liquor or tobacco <br />compliance check). <br /> <br />e. If the city determines that a cannabis business is not operating in compliance with <br />the requirements of a local ordinance or that the operation of the business poses an <br />immediate threat to the health or safety of the public, the local government may <br />suspend the retail registration. The local government must immediately notify OCM <br />of the suspension and provide a description of the grounds for suspension. OCM may <br />review the registration suspension and may order reinstatement, and the local unit of <br />government must reinstate the retail registration if the office orders reinstatement. <br /> <br />f. If any retail cannabis business makes a sale to a customer or patient without a valid <br />retail registration with a local unit of government and a valid OCM license, we may <br />impose a civil penalty of up to $2,000 for each violation. <br /> <br />3. Ordinance with reasonable restrictions. The city may adopt ordinances with reasonable <br />time, place, and manner restrictions on the operation of a cannabis business. The ordinances <br />may not prohibit the possession, transportation, or use of cannabis or hemp derived
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