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<br />DOCSOPEN\KG400\1\970280.v5-9/13/24 <br />4 <br />DOCSOPEN\KG400\1\970280.v5-9/13/24 <br />XX.XX Preliminary Compliance Check. The City shall conduct a preliminary compliance <br />check to ensure compliance with this Chapter and any other regulations established pursuant to <br />Minnesota Statutes, section 342.13. <br /> <br />XX.XX Reasons for Denial. The City shall not issue a registration or renewal if any of the <br />following conditions are true: <br /> <br />A) The applicant has not submitted a complete application. <br />B) The applicant does not comply with the requirements of this Chapter. <br />C) The applicant does not comply with applicable zoning and land use regulations. <br />D) The applicant is found to not comply with the requirements of the Act or this Chapter at <br />the preliminary compliance check. <br />E) The maximum number of registrations, pursuant to Section XX.XX, have been issued by <br />the City or the County. <br />F) The applicant does not have a valid license from the OCM. <br /> <br />XX.XX Issuing the Registration or Renewal. The City shall issue the registration or renewal <br />if the Retailer meets the requirements of this article, including that none of the reasons for denial <br />in Section XX.XX are true. <br /> <br />XX,XX Nontransferable. A registration is not transferable. <br /> <br />XX.XX Location Change. A registered business that wishes to move locations within the <br />City must submit the new proposed location to the City as part of a new application for registration <br />/ on a form provided by the City, including a certification that the location meets all zoning <br />requirements. Such change will be approved provided that it complies with XX.XX (issuing the <br />registration or approval) and there are no other grounds for denial as described in XX.XX. <br /> <br />XX,XX Registration Enforcement. <br /> <br />A) Generally. The City Council may suspend a registration under this Chapter on a finding <br />that the registered business has failed to comply with the requirements of this Chapter <br />and any applicable city code requirements related to cannabis and hemp businesses. <br /> <br />B) Notice and Right to Hearing. Prior to imposing a fine, suspending, revoking, or not <br />renewing any registration under this chapter, the City shall provide the registered <br />business with written notice of the alleged violations and inform the registered business <br />of his or her right to a hearing on the alleged violation. <br /> <br />1. Notice shall be delivered in person or by regular mail to the address of the <br />registered business and shall inform the registered business of its right to a <br />hearing. The notice will indicate that a response must be submitted within ten <br />(10) business days of receipt of the notice, or the right to a hearing will be <br />waived. <br /> <br />2. The registered business will be given an opportunity for a hearing before the <br />city’s [HEARING OFFICER] before final action to fine, suspend, revoke, or <br />Commented [JS14]: This is separate from the <br />inspection adopted as part of the certification. <br /> <br />The first certification inspection would be to confirm <br />compliance with zoning and building and fire code <br />provisions. <br /> <br />This registration would be to conduct a compliance <br />check on any standards adopted pursuant to Minn. <br />Stat. 342.13 (zoning; time, place, and manner; hours of <br />operation, etc.) <br />Commented [JS15]: If applicable <br />Commented [JS16]: The City can either require a <br />complete new application or could only require the <br />applicant to update certain information. <br />Commented [JS17]: The City could choose to model <br />this process off of its tobacco or liquor code to keep <br />things simple. <br /> <br />The most process that may still change based on <br />updates to administrative rules is any immediate <br />suspension under the section currently titled <br />“Emergency”.