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#14 - Cannabis Ordinance
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#14 - Cannabis Ordinance
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<br />d. The applicant is found to not comply with the requirements of the Act or this Chapter at the <br />preliminary compliance check. <br />e. The applicant is not current on all property taxes and assessments at the location where the <br />retailer is located. <br />f. The maximum number of registrations, pursuant to LEC 11.28.040(a)(1), have been issued <br />by the City or within Washington County. <br />g. The applicant does not have a valid license from the OCM. <br />(5) Application Approval. <br />a. A retailer application shall not be approved or renewed if the applicant is unable to meet the <br />requirements of this ordinance, including land use standards established in Title 105 Zoning. <br />b. A retailer application that meets the requirements of this ordinance, including land use <br />standards established in Title 105 Zoning, shall be approved. <br />(6) Annual Compliance Checks. <br />a. The City shall complete at minimum one compliance check per calendar year of every <br />retailer to assess if the business meets age verification requirements, as required under <br />Minn. Stat. Chapter 342 and this ordinance. <br />b. The City shall conduct at minimum one unannounced age verification compliance check at <br />least once per calendar year. <br />1. Age verification compliance checks shall involve persons at least 17 years of age but <br />under the age of 21 who, with the prior written consent of a parent or guardian if the <br />person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use <br />cannabis products, lower-potency hemp edibles, or hemp-derived consumer products <br />under the direct supervision of a law enforcement officer or an employee of the local <br />unit of government. <br />c. Any failures under this section must be reported to the Office of Cannabis Management. <br />(7) Location Change. <br />a. If a retailer seeks to move to a new location still within the legal boundaries of City, it shall <br />notify City of the proposed location change, and submit necessary information to meet all <br />the criteria in Lake Elmo City Code without the need for a new registration or fee. <br />(h) Suspension of Registration <br />(1) Generally. The City Council may impose a fine or suspend a registration under this chapter on <br />a finding that the registered business has failed to comply with the requirements of this chapter <br />or any applicable statute or regulation. <br />(2) Notice and Right to Hearing. Prior to imposing a penalty or suspending any registration under <br />this chapter, the City shall provide the registered business with written notice of the alleged <br />violations and inform the registered business of his or her right to a hearing on the alleged <br />violation. <br />a. Notice shall be delivered in person or by regular mail to the address of the registered <br />business and shall inform the registered business of its right to a hearing. The notice will <br />indicate that a response must be submitted within ten (10) business days of receipt of the <br />notice, or the right to a hearing will be waived. <br />b. The registered business will be given an opportunity for a hearing before the City <br />Administrator, or designee, before final action to fine or suspend a registration. Provided, <br />the registered business has submitted a written application for appeal within 10 business <br />days after the notice was served. The City Administrator, or designee, shall give due regard <br />to the frequency and seriousness of the violations, the ease with which such violations could <br />have been cured or avoided and good faith efforts to comply and shall issue a decision to <br />fine or suspend the registration only upon written findings. Within ten (10) business days <br />of the City Administrator’s, or designee’s, order, the decision may be appealed to the City <br />Council. <br />c. If no request for a hearing is received within ten (10) business days following the service
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