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PL PACKET 07182023
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PL PACKET 07182023
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7/13/2023 5:31:54 PM
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ORDINANCE NO. ___ <br /> <br />8 <br /> <br />person appeared to be 30 years of age or older. <br /> <br />(D) Responsibility. All licensees are responsible for the actions of their employees <br />regarding the sale, offer to sell, and furnishing of cannabinoid products on the <br />licensed premises. The sale, offer to sell, or furnishing of any cannabinoid <br />product by an employee shall be considered an act of the licensee. <br /> <br />(E) Hours of Sales. No sales of cannabinoid products will be allowed at the licensed <br />premises after 10:00 p.m. and before 8:00 a.m. daily. <br /> <br />Section 111.168. Enforcement <br /> <br />(A) Compliance Checks and Inspections. All licensed premises must be open to <br />inspections by law enforcement or other authorized city officials during regular <br />business hours. From time to time, but at least once per year, the City will conduct <br />compliance checks. The City will conduct a compliance check that involves the <br />participation of a person at least 17 years of age, but under the age of 21 to enter <br />the licensed premises to attempt to purchase cannabinoid products. Prior written <br />consent from a parent or guardian is required for any person under the age of 18 to <br />participate in a compliance check. Persons used for the purpose of compliance <br />checks will be supervised by law enforcement or other designated personnel. <br /> <br />(B) Civil Penalty, Suspension or Revocation of Licenses. <br /> <br />(1) The City Council will follow the provisions of this section of the ordinance on <br />the suspension, revocation or imposition of a civil penalty against any license <br />granted under this ordinance. <br />(2) Notice of Violation. The Chief of Police will provide, in writing, to the licensee <br />either personally or by mail, notice of any alleged violation of the provisions <br />of this ordinance or Minnesota Statutes Chapter 151, committed in the <br />operation of the licensee's business, and provide notice to the City Attorney’s <br />Office. If the City Attorney's Office determines from the facts and <br />circumstances reported, together with any other facts and circumstances <br />known to it, that the violation may warrant a civil penalty, suspension or <br />revocation of the license held by the licensee, it will notify the licensee, and <br />set a time and place for a hearing sufficiently in advance to provide ten days <br />written notice of the time, place and purpose of such hearing to the licensee. <br />(3) Hearing on Alleged Violations. The hearing will be held before an independent <br />hearing officer, in accordance with Section 1100 of the 2007 Code of <br />Ordinances of the City of St. Cloud. At the time of the hearing, the licensee <br />may appear and present any evidence which is material to the investigation. <br />The hearing officer will make findings of fact as to whether a violation of the <br />provisions of this ordinance or Minnesota Statutes Chapter 151 have been <br />committed in the operation of the licensee's business and whether the violation <br />was willful in nature. The hearing officer will also make a recommendation as <br />to what penalty, if any, will be applied. The City Council will adopt the <br />hearing officer's findings of fact that the licensee has violated any of the
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