Agenda Packets - 2024/10/07 - Laserfiche WebLink

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www.publichealthlawcenter.org 29Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers (3) Hearing officer. The City Council will designate a hearing officer. The hearing officer will be an impartial employee of the city or an impartial person retained by the city to conduct the hearing. (4) Decision. A decision will be issued by the hearing officer within 10 business days of the hearing. If the hearing officer determines that a violation of this ordinance did occur, that decision, along with the hearing officer’s reasons for finding a violation and the penalty to be imposed, will be recorded in writing, a copy of which will be provided to the city and the accused violator by in-person delivery or mail as soon as practicable. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, those findings will be recorded and a copy will be provided to the city and the acquitted accused violator by in-person delivery or mail as soon as practicable. The decision of the hearing officer is final, subject to an appeal as described in Section 12 (A)(6) of this ordinance. (5) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in holding the hearing up to a maximum of [ $1,000 ] must be paid by the person requesting the hearing. (6) Appeals. Appeals of any decision made by the hearing officer must be filed in [ ____ ] County district court within 10 business days of the date of the decision. (7) Continued violation. Each violation, and every day in which a violation occurs or continues, will constitute a separate offense. (B) Administrative penalties. (1) Registrants. Any registrant cited for violating this ordinance, or whose employee has violated this ordinance, will be charged an administrative fine of [ $300 ] for a first violation; [ $600 ] for a second offense at the same registered premises within a 36-month period; and [ $1,000 ] for a third or subsequent offense at the same location within a 36-month period from the first violation. Upon the third violation, the registration will be suspended for a period of not less than [ 30 ] consecutive days and may be revoked. Upon a fourth violation within a 36-month period from the first violation, the registration will be revoked.. (2) Registration suspension. In accordance with Minn. Stat. § 342.22, subd. 5, the city will suspend the retail registration of any registered retail establishment for 30 days for violations of this ordinance or if the operation of the business poses an immediate threat to the health or safety of the public. September 2024