Loading...
HomeMy WebLinkAboutOrdinance No. 2022-12 Sale of THCORDINANCE NO. 2022-12 AN ORDINANCE ESTABLISHING A MUNICIPAL LICENSING AND REGULATORY SYSTEM FOR THC-INFUSED EDIBLES AND DRINKS THE CITY COUNCIL OF EDINA ORDAINS: Section 1: Chapter 12, Businesses, of the Edina City Code is amended to include the following; ARTICLE XII. - SALE OF THC; LICENSING DIVISION 1. - GENERALLY Sec. 12-540. — Purpose. The City Council finds that current state law of clarifying the sale of edible and non-edible tetrahydrocannabinol ("THC") products has created a rapid introduction of new products into our community. The U.S. Surgeon General has offered guidance that THC products present a significant potential threat to public health, safety, and welfare, and particularly to youth and adolescents and their brain development. While the sale of some edible and nonedible THC products is legal in Minnesota, marijuana remains a prohibited substance under federal law and therefore the partial legalization of THC products on a state level presents special challenges. The Council finds that there is a public health necessity for regulation related to sales and distribution of THC Products within the City. To balance the interests of effectively regulating THC Products while not placing an undue burden upon businesses, the City Council finds that a licensing model is most appropriate to ensure compliance with the laws and business standards of City and state. The City Council desires to prevent young people from consuming THC illegally and to ensure that retailers sell legal THC products in a safe manner to persons of who are of legal age to consume them. This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to Minn. Stat. §152.22 to 152.37. Sec. 12-541. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Minor means any natural person who has not yet reached the age of 21 years. Movable place of business means any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions. Place of Worship means church, synagogue, temple, mosque, or other facility used for religious services. Retail sale means any transfer of goods for money, trade, barter or other consideration. School means a building used for the purpose of elementary or secondary education, which meets all the requirements of compulsory education laws of the State of Minnesota, and not providing residential accommodations. THC is the chemical compound tetrahydrocannabinol whether derived naturally or synthetically from the cannabis plant. THC-related product or THC-related device means any products containing THC that is intended for human consumption or to enable human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a THC product, including, but not limited to, joints, blunts, edibles, flowers, buds, tinctures, and other kinds and forms of THC. This includes electronic delivery devices. Vending machine means any mechanical, electric or electronic, or other type of device which dispenses THC or THC-related products or THC-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the THC, THC-related product or THC-related devices. DIVISION 2. - LICENSE Sec. 12-542. - Required. No person shall keep THC, THC-related products or THC-related devices for retail sale or sell THC, THC-related products or THC-related devices at retail in the city without first obtaining a license from the city. No license shall be issued for the sale of THC, THC-related products or THC-related devices: (1) at a movable place of business (2) from a vending machine or (3) to a person under the age of 21. Sec. 12-543 - License procedure. The provisions of Sections 12-19 to 12-68 of this city code shall apply to all licenses required by this article and to the holders of such licenses, except that licenses shall be issued or denied by the sanitarian. The applications for a license shall be on forms provided by the sanitarian and shall be accompanied by the fee set forth in section 2-724. Sec. 12-544. - Term of license. Each license issued pursuant to this article shall expire on March 31 of each calendar year. DIVISION 3. - RULES AND REGULATIONS Sec. 12-545. — Licensee Violations. It shall be a violation of this article for any person to sell or offer to sell any THC, THC-related products or THC-related devices: (1) To any person under the age of 21 years. (2) By means of any type of vending machine. (3) From a movable place of business (4) By means of self-service merchandising whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the THC, THC-related products or THC-related devices. All such products shall be stored behind a counter or other area not freely accessible to customers. (5) Containing any chemical compound or drug that is otherwise a controlled substance under Minnesota law, Minn. Stat. §152.02 subd. 2. (6) By any other means or to any other person prohibited by state or other local laws, ordinances or other regulations. (7) That fails to meet the labelling requirements as established in Minn. Stat. §151.72 subds. 5 and 5a. (8) That fails to meet the testing requirements as established in Minn. Stat. §151.72 subd. 4. Sec. 12-546. Responsibility for sales. The license holder is responsible for all actions occurring on the licensed premises. Actions of employees at the licensed establishment regarding the sale of any THC, THC-related products or THC-related devices shall be considered a sale by the licensed owner. Sec. 12-547. - Sampling. Sampling or consumption of THC, THC-related products or THC-related devices within an establishment selling any THC, THC-related products or THC-related devices is prohibited. All products must remain sealed while on the licensed premises. Sec. 12-548. - Use of false identification. No person under the age of 21 shall attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Sec. 12-549. - Compliance checks and inspections. (a)All licensed premises shall be open to inspection by the city and other authorized officials during regular business hours. (b)From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with persons over 15 years but less than 21 years, to enter the licensed premises to attempt to purchase THC, THC-related products or THC-related devices. (1)Prior written parental consent is required for any minor who participates in a compliance check. (2)Persons used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated city personnel. (3)Persons used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor unlawful possession of THC, THC-related products or THC- related devices when such items are obtained or attempted to be obtained as part of the compliance check. (4)No person used in the compliance checks shall attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check shall answer all questions about the person's age for which he or she is asked. (c)Nothing in this article shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes, or required for the enforcement of a particular state or federal law. DIVISION 4. - ENFORCEMENT; PENALTIES Sec. 12-550. - Violations. The notification and hearing process set forth in this division will apply to violations of this article. Sec. 12-551. - Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violations and which shall inform the alleged violator of his rights to be heard on the accusation. Sec. 12-552. - Hearings. If a person accused of violating this division so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Sec. 12-553. - Hearing officer. The city council shall serve as the hearing officer until such time a hearing officer is appointed by the city council. Sec. 12-554. - Decision. If the hearing officer determines that a violation of this article did occur, that decision along with the reasons for finding a violation and the penalty to be imposed under section 12-558, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Sec. 12-555. - Appeals. Appeals of any decision made by the hearing officer shall be filed in Hennepin County district court. Sec. 12-556. - Misdemeanor prosecution. Nothing in the article shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article. If the city elects to seek misdemeanor prosecution, an administrative penalty may also be imposed. Sec. 12-557. - Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Sec. 12-558. - Penalties. The following administrative penalties will be applied as set forth in this section: (1)Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine of: a.$500.00 for the first violation of this article; b.$1,000.00 for the second offense at the same licensed premises within a 36-month period; c.$1200.00 for a third offense at the same location within a 36-month period and the license shall be suspended for not less than seven days; and d.$1500.00 for a fourth offense at the same location within a 36-month period. In addition, after the fourth offense, the license shall be revoked. (2) Other individuals. Other individuals, other than minors regulated by subsection (3) of this section, found to be in violation of this article shall be charged an administrative fee of $50.00. (3) Underage persons. Persons under 21 years of age who use false identification to purchase or attempt to purchase, THC, THC-related products or THC-related devices shall be guilty of a misdemeanor. (4) Misdemeanor. Nothing in this article shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article. First Reading: Sept. 7, 2022 Second Reading: Sept. 20, 2022 ATTEST: Sharon Allison, Allison, City Clerk Kevin Staunton, Acting Mayor Please publish in the Edina Sun Current on: Send one affidavit of publication. Bill to Edina City Clerk