SB 770

This bill authorizes a local government to create, by majority vote of its governing body, a hemp-derived cannabinoid products ( HDCP ) board for purposes of permitting retailers of HDCPs within the jurisdiction of the local government. An HDCP board may pass an ordinance or resolution ( i ) r equiring each retailer of HDCPs to obtain a permit from the board authorizing the sale of such products at each retail location of the retailer; and ( ii ) i f the HDCP board requires a retailer to obtain a permit, regulating the sale of HDCPs within its jurisdiction to the extent that such regulation does not conflict with state law or the rules of the department of agriculture ("department"") . This bill provides that t he annual fee for the permit is $250 per retail location, and must be renewed annually. The HDCP board must prescribe the application form for the issuance and renewal of a permit. Upon request of an HDCP board, the department must issue a notice of good standing to the board for the purposes of issuing or renewing a permit to a retailer. Such notic e may be requested and provided electronically. This bill authorizes t he local law enforcement agency of a local government that has created an HDCP board to (i) e nforce this bill and any ordinance or resolution of the local government regulating HDCPs; ( ii ) e nforce the rules of the department with respect to HDCP retailers under an agreement executed with the department that specifies the scope and manner of such enforcement; and ( iii ) c onduct random inspections of the premises of a retailer for purposes of enforcement within the normal business hours of a retailer. This bill provides that a retailer operating without a permit, or in violation of this bill or the rules of the department, is subject to ( i ) a civil penalty of $1, 000 per violation; ( ii ) r e vocation of the retailer's permit for a period of up to one year; or ( iii ) i neligibility for permit renewal for up to one year after the period of revocation expires. The HDCP board must notify the department of a violation of its rules by a retailer within 30 days after discovery of the violation. This bill requires a nnual permit fees and civil penalties owed by a retailer under this bill to be remitted to the office or individual ide ntified in the ordinance of the local government as being responsible for the collection of such fees and penalties. Fees and penalties remitted under this bill must be deposited into the general fund of the local government and accounted for separately, to be used for the enforcement of this bill ."