09-25-2024 Council Packet - Laserfiche WebLink

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(r) Nonintoxicating cannabinoid means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. (s) Retail establishment means any place of business where cannabinoid products or cannabinoid- related devices are available for sale to the general public. The phrase shall include but not limited to, grocery stores, convenience stores, restaurants and drugstores. (t) Sale means any transfer of goods for money, trade, barter or other consideration. (u) Self-service merchandising means open displays of licensed product in any manner where any person shall have access to the licensed product without the assistance or intervention of the licensee or the licensee's employee. Such assistance or intervention shall involve the actual physical exchange of the licensed product between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. "Self-service merchandising" shall not include vending machines. (v) Vending machine means any mechanical, electric or electronic, or other type of self-service device which, upon the insertion of money, tokens or other form of payment, dispenses the licensed product and includes vending machines equipped with manual, electric or electronic locking devices. 826.25 LICENSE. (a) License required. No person shall sell or offer to sell any cannabinoid products or cannabinoid- related devices without first having obtained a license to do so from the city. (b) Location. Licenses will only be issued to businesses located in commercial or industrial zoning districts. No home-based businesses may sell cannabinoid products or cannabinoid-related devices. (b) Application. An application for a license to sell cannabinoid products or cannabinoid-related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. If the city clerk or their designee determines that an application is incomplete, they shall return the application to the applicant with notice of the information necessary to make the application complete. (c) Action. The city may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city approves the license, the city clerk or their designee shall issue the license to the applicant. If the city denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the city council's decision. (d) Term. All licenses shall be for a term of one year. The annual license period will be January 1 – December 31 of each year. (e) Violations and Penalities. Any license issued under this section may be revoked or suspended. The Council shall either suspend for up to 60 days or revoke any cannabinoid product license, or impose a civil fine not to exceed $2,000, for each violation upon finding that a licensee has failed to comply with any applicable statute, regulation or ordinance relation to cannabinoid products. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing as provided in City Code 802.120.