Cross reference— Alcoholic beverages, ch. 6; taxation, ch. 62; utilities, ch. 70.
State Law reference— Authority to regulate taxicabs, Minn. Stat. § 412.221, subd. 20.
Any taxicab driver or taxicab operator who violates this article shall be guilty of a misdemeanor. In addition thereto, the city council may revoke or suspend the license to operate a taxicab.
(Code 1978, § 36.10; Ord. No. 03-08-11, § 36.10, 8-25-2003)
No person shall engage in fortunetelling or any similar activity in the city without a license therefor. The license fee for such activity is as established by resolution.
(Code 1978, § 32.02)
(Code 1978, § 32.04)
State Law reference— Authority to license and regulate amusements, Minn. Stat. § 412.231, subd. 25.
(Code 1978, § 32.05)
No person shall engage in any trade, profession, business or privilege in the city for which a license or permit is required by any provision of this Code without first obtaining such license or permit from the city in the manner provided in this chapter, unless otherwise specifically provided.
(Code 1978, § 31.01)
Unless otherwise provided, application for a license or permit under this chapter shall be made to the city council upon forms provided by the city. The applicant shall state his name and address, the location of the proposed activity and such other facts as may be required for or be applicable to the granting of the license.
(Code 1978, § 31.02)
The fees required for any license or permit under this chapter shall be paid at the office of the city treasurer before the granting of the license or permit. Unless otherwise provided, no license fee shall be prorated for a portion of a year.
(Code 1978, § 31.03)
(Code 1978, § 31.04)
(Code 1978, § 31.05)
Licenses or permit certificates under this chapter shall show the date of issue, the activity licensed or permitted, the term, and shall be signed by the mayor and city clerk, and be impressed with the city seal. The city clerk shall keep a record of all licenses and permits issued.
(Code 1978, § 31.06)
Every licensee under this chapter shall carry his license or permit certificate upon his person at all times when engaged in the activity for which the license was granted; except, where such activity is conducted at a fixed place or establishment, the certificate shall be exhibited at all times in some conspicuous place in his place of business. The licensee or permittee shall exhibit the certificate when applying for a renewal or upon demand of any police officer or person representing the issuing authority.
(Code 1978, § 31.07)
License or permit renewals under this chapter shall be issued in the same manner and be subject to the same conditions as original licenses or permits.
(Code 1978, § 31.09)
Unless otherwise provided, no license or permit under this chapter shall be transferable without the authorization of the council.
(Code 1978, § 31.08)
City officials may enter upon the premises where any licensed or permitted activity is being conducted for the purpose of inspection.
(Code 1978, § 31.12)
Any license or permit issued by the city under this chapter may be suspended or revoked by the city council for any of the following causes:
(Code 1978, § 31.10)
Any person aggrieved by the action of any city official in denying or revoking a license or permit under this chapter shall have the right to a hearing before the council on any such action, provided a written request therefor is filed with the city clerk within ten days after receipt of the notice of such suspension. The council may grant such license or permit, confirm any suspension or revocation, or reinstate any such license or permit. The action taken by the council after a hearing shall be final.
(Code 1978, § 31.11)
(Ord. No. 12-03-03, § 2, 3-26-2012)
Editor's note— Ord. No. 12-03-03, § 2, adopted May 26, 2012, did not specifically amend the Code; hence, inclusion herein as § 14-43 was at the editor's discretion.
Cross reference— Alcoholic beverage retail license, ch. 6, art. V, div. 2; peddlers, solicitors and transient merchants, ch. 14, art. V.
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Peddler. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. The term peddler shall mean the same term as the term hawker.
Person. Any natural individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships, and associations, the term shall include each member, officer, partner, associate, agent or employee.
Regular business day. Any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be counted as regular business days.
Solicitor. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term shall mean the same as the term "canvasser".
Transient merchant. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 14 consecutive days.
(Ord. No. 06-10-07, § 1, 10-25-06)
(Ord. No. 06-10-07, § 2, 10-25-06)
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see section 14-170.
The following shall be grounds for denying a license under this chapter.
(Ord. No. 06-10-07, § 1, 10-25-06)
(Ord. No. 06-10-07, § 1, 10-25-06)
No license issued under this article shall be transferred to any person other than the person to whom the license was issued.
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see § 14-170.
All solicitors, and any person exempt from the licensing requirements of this chapter, shall be required to register with the city. Persons engaging in door-to-door advocacy shall be required to register. The term "door-to-door advocacy" includes door-to-door canvassing and pamphleteering as vehicles for the dissemination of religious, political and other ideas. Registration shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the city clerk shall issue to the registrant a certificate of registration as proof of the registration. Certificates of Registration shall be transferable.
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see §10.
No peddler, solicitor or transient merchant shall conduct business in any of the following manners:
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see § 10.
No peddler, solicitor or transient merchant, unless invited to do so by the property owner or tenant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor or transient merchant when the property is marked with a sign or placard at least four inches long and four inches wide with print of at least 48 point in size stating "No Peddlers, Solicitors or Transient Merchants," or "Peddlers, Solicitors, and Transient Merchants Prohibited," or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard under this section.
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see § 10.
Any violation of this article shall be deemed a misdemeanor offense and shall be punishable by a sentence of up to ninety (90) days in jail, or a fine of $1,000 or both.
(Ord. No. 06-10-07, § 1, 10-25-06)
(a) Finding and Purpose
The City of Grand Rapids makes the following legislative findings:
The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Grand Rapids to protect the public health, safety, welfare of the residents by regulating cannabis businesses within the legal boundaries of the City of Grand Rapids.
The City of Grand Rapids finds and concludes that the proposed provisions are appropriate and lawful land use regulations, that the proposed amendments promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.
(b) Authority and Jurisdiction
The City of Grand Rapids has the authority to adopt this ordinance pursuant to:
(1) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that
such restrictions do not prohibit the establishment or operation of cannabis businesses.
(2) Minn. Stat. 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.
(3) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.
(4) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning ordinances.
Ordinance will be applicable to the legal boundaries of the City of Grand Rapids.
(c) Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance will not be affected thereby.
(d) Enforcement
The City Administrator and/or designee is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance.
(e) Definitions
(1) Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, will have the same meanings in this ordinance.
(2) Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office.
(3) Cannabis Retail Businesses: A retail location and the retail locations(s) of mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers.
(4) Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.
(5) Daycare: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
(6) Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
(7) Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to as "OCM" in this ordinance.
(8) Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
(9) Preliminary License Approval: OCM pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17.
(10) Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation.
(11) Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23.
(12) Retail Registration: An approved registration issued by the City of Grand Rapids to a state-licensed cannabis retail business.
(13) School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24.
(14) State License: An approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business.
(a) Consent to registering of Cannabis Businesses
No individual or entity may operate a state-licensed cannabis retail business within the city limits without first registering with the City of Grand Rapids.
Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration will incur a civil penalty of up to $2,000 for each violation.
Notwithstanding the foregoing provisions, the state will not issue a license to any cannabis business to operate in Indian country, as defined in United States Code, title 18, section 1151, of a Minnesota Tribal government without the consent of the Tribal government.
(b) Compliance Checks Prior to Retail Registration
Prior to issuance of a cannabis retail business registration, the City will conduct a preliminary compliance check to ensure compliance with local ordinances.
Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, City of Grand Rapids will certify on a form provided by OCM whether a proposed cannabis retail business complies with the local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code.
(c) Registration and Application Procedure
(1) Fees
The City of Grand Rapids will not charge an application fee.
A registration fee, as established in the City's fee schedule, will be charged to applicants depending on the type of retail business license applied for.
An initial retail registration fee will not exceed $500 or half the amount of an initial state license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee will include the initial retail registration fee and the first annual renewal fee.
Any renewal retail registration fee imposed by the City will be charged at the time of the second renewal and each subsequent renewal thereafter.
A renewal retail registration fee will not exceed $1,000 or half the amount of a renewal state license fee under Minn. Stat. 342.11, whichever is less.
A medical combination business operating an adult-use retail location may only be charged a single registration fee, not to exceed the lesser of a single registration fee, defined under this section, of the adult-use retail business.
(2) Application Submittal
The City will issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22.
a. An applicant for a retail registration will fill out an application form, as provided by the City. Said form will include, but is not limited to:
1. Full name of the property owner and applicant;
2. Address, email address, and telephone number of the applicant;
3. The address and parcel ID for the property which the retail registration is sought;
4. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13.
b. The applicant will include with the form:
1. The registration fee as required in Section 14-186 (c) (1);
2. A copy of a valid state license or written notice of OCM license preapproval;
3. Verification from Itasca County that property taxes are not delinquent.
c. Once an application is considered complete, the City will inform the applicant as such, process the registration fees, and forward the application to the City Council for approval or denial.
d. The registration fee will be non-refundable once processed.
(3) Application Approval.
a. A state-licensed cannabis retail business application will not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 14-190.
b. A state-licensed cannabis retail business application will not be approved or renewed if the applicant is unable to meet the requirements of this ordinance.
c. A state-licensed cannabis retail business application that meets the requirements of this ordinance will be approved.
(4) Annual Compliance Checks
The City of Grand Rapids completes compliance checks as mandated by State law.
Any failures under this section must be reported to the Office of Cannabis Management.
(5) Location Change
A state-licensed cannabis retail business will be required to submit a new application for registration under Section 14-186 (d) if it seeks to move to a new location still within the legal boundaries of City of Grand Rapids.
(d) Renewal of Registration
The City of Grand Rapids will renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business' license.
A state-licensed cannabis retail business will apply to renew registration on a form established by City of Grand Rapids.
A cannabis retail registration issued under this ordinance will not be transferred.
(1) Renewal Fees
The City of Grand Rapids may charge a renewal fee for the registration starting at the second renewal, as established in City of Grand Rapids' fee schedule.
(2) Renewal Application
The application for renewal of a retail registration will include, but is not limited to:
a. Items required under Section 14-186 (c) (2) of this ordinance.
(e) Suspension of Registration
(1) When Suspension is Warranted
The City of Grand Rapids may suspend a cannabis retail business's registration if it violates the ordinance of City of Grand Rapids or poses an immediate threat to the health or safety of the public. The City of Grand Rapids will immediately notify the cannabis retail business in writing the grounds for the suspension.
(2) Notification to OCM.
The City of Grand Rapids will immediately notify the OCM in writing the grounds for the suspension. OCM will provide City of Grand Rapids and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days.
(3) Length of Suspension
The suspension of a cannabis retail business registration may be for up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended.
(4) Civil Penalties
Subject to Minn. Stat. 342.22, subd. 5(e) the City of Grand Rapids may impose a civil penalty, as specified in the City of Grand Rapids' fee schedule, for registration violations, not to exceed $2,000.
(f) Limiting of Registrations
The City of Grand Rapids will limit the number of cannabis retail businesses to no fewer than one registration for every 12,500 residents within the city limits of the City of Grand Rapids.
The City of Grand Rapids will limit the number of cannabis retail businesses to one (1) plus a municipal retail business if the City Council elects.
(a) Zoning and Land Use
Retail licensed cannabis businesses shall be located in Central Business District, General Business, or Shoreland General Business zoning districts as defined in the City of Grand Rapids Zoning ordinance. Production licensed cannabis businesses shall be located in Industrial Business Park, Shoreland Industrial Business Park, General Industrial Park, or Shoreland General Industrial Park zoning districts as defined in City of Grand Rapids Zoning ordinance.
(b) Hours of Operation
Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 8:00 am to 10:00 pm, Monday through Saturday and 11:00 am to 6:00 pm on Sundays.
(c) Advertising
Cannabis businesses are permitted to erect signs on the exterior of the building or property of the business, in accordance with City of Grand Rapids' zoning ordinances.
Any individual or business seeking to obtain a cannabis event license must provide OCM information about the time, location, layout, number of business participants, and hours of operation. A cannabis event organizer must receive local approval, including obtaining any necessary permits or licenses issued by a local unit of government before holding a cannabis event.
(a) License or Permit Required for Temporary Cannabis Events
(1) License Required
A cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting no more than four days. A jurisdiction should determine what type of approval is consistent with their existing ordinances for events. A license or permit is required to be issued and approved by City of Grand Rapids prior to holding a Temporary Cannabis Event.
(2) Registration and Application Procedure
A registration fee, as established in City of Grand Rapids' fee schedule, will be charged to applicants for Temporary Cannabis Events.
(3) Application Submittal and Review
The City of Grand Rapids will require an application for Temporary Cannabis Events.
a. An applicant for retail registration will fill out an application form, as provided by the City of Grand Rapids. Said form will include, but is not limited to:
1. Full name of the property owner(s) and applicant(s);
2. Address, email address, and telephone number of the applicant(s);
3. Address and property ID for which retail registration is sought.
b. The applicant will include with the form:
1. The application fee as required in Section 14-188 (a)(2);
2. A copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2.
3. A letter from host property indicating the approval of temporary event.
4. A letter from Itasca County that the host property is not delinquent with property taxes.
The application will be submitted to the City Administrator, or other designee for review. If the designee determines that a submitted application is incomplete, they will return the application to the applicant with the notice of deficiencies.
c. Once an application is considered complete, the designee will inform the applicant as such, process the application fees, and forward the application to the City Council for approval or denial.
d. The application fee will be non-refundable once processed.
e. The application for a license for a Temporary Cannabis Event will meet the following standards:
1. Temporary Cannabis Events can only be held in Central Business District, General Business, or Shoreland General Business, zoned property.
f. A request for a Temporary Cannabis Event that meets the requirements of this Section will be approved.
g. A request for Temporary Cannabis Event that does not meet the requirements of this Section will be denied. The City of Grand Rapids will notify the applicant of the standards not met and basis for denial.
Temporary Cannabis Events will only he held during the time event approved by the City Administrator or their designee.
City of Grand Rapids may establish, own, and operate one municipal cannabis retail business subject to the restrictions in this chapter.
The municipal cannabis retail store will not be included in any limitation of the number of registered cannabis retail businesses under Section 14-186 (f).
City of Grand Rapids will be subject to the same rental license requirements and procedures applicable to all other applicants.
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
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:
Operator means any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business or operation of a taxicab within the city.
Street means any street, highway, alley, avenue, court, bridge, land or public place in the city.
Taxicab means any motor vehicle used to carry passengers for hire, but not operating on a fixed route.
Taxicab driver means any person who drives a taxicab, whether such person is the owner of such taxicab or is employed by a taxicab owner or operator.
Taximeter means any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, whether by distance traveled or waiting time or by both, and upon which such charge shall be indicated by figures.
(Code 1978, § 36.01; Ord. No. 03-09-11, § 36.01, 8-25-2003)
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:
Operator means any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business or operation of a taxicab within the city.
Street means any street, highway, alley, avenue, court, bridge, land or public place in the city.
Taxicab means any motor vehicle used to carry passengers for hire, but not operating on a fixed route.
Taxicab driver means any person who drives a taxicab, whether such person is the owner of such taxicab or is employed by a taxicab owner or operator.
Taximeter means any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, whether by distance traveled or waiting time or by both, and upon which such charge shall be indicated by figures.
(Code 1978, § 36.01; Ord. No. 03-09-11, § 36.01, 8-25-2003)
(Code 1978, § 36.08; Ord. No. 03-08-11, § 36.08, 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
Cross reference— Alcoholic beverages, ch. 6; taxation, ch. 62; utilities, ch. 70.
State Law reference— Authority to regulate taxicabs, Minn. Stat. § 412.221, subd. 20.
Any taxicab driver or taxicab operator who violates this article shall be guilty of a misdemeanor. In addition thereto, the city council may revoke or suspend the license to operate a taxicab.
(Code 1978, § 36.10; Ord. No. 03-08-11, § 36.10, 8-25-2003)
No person shall engage in fortunetelling or any similar activity in the city without a license therefor. The license fee for such activity is as established by resolution.
(Code 1978, § 32.02)
(Code 1978, § 32.04)
State Law reference— Authority to license and regulate amusements, Minn. Stat. § 412.231, subd. 25.
(Code 1978, § 32.05)
No person shall engage in any trade, profession, business or privilege in the city for which a license or permit is required by any provision of this Code without first obtaining such license or permit from the city in the manner provided in this chapter, unless otherwise specifically provided.
(Code 1978, § 31.01)
Unless otherwise provided, application for a license or permit under this chapter shall be made to the city council upon forms provided by the city. The applicant shall state his name and address, the location of the proposed activity and such other facts as may be required for or be applicable to the granting of the license.
(Code 1978, § 31.02)
The fees required for any license or permit under this chapter shall be paid at the office of the city treasurer before the granting of the license or permit. Unless otherwise provided, no license fee shall be prorated for a portion of a year.
(Code 1978, § 31.03)
(Code 1978, § 31.04)
(Code 1978, § 31.05)
Licenses or permit certificates under this chapter shall show the date of issue, the activity licensed or permitted, the term, and shall be signed by the mayor and city clerk, and be impressed with the city seal. The city clerk shall keep a record of all licenses and permits issued.
(Code 1978, § 31.06)
Every licensee under this chapter shall carry his license or permit certificate upon his person at all times when engaged in the activity for which the license was granted; except, where such activity is conducted at a fixed place or establishment, the certificate shall be exhibited at all times in some conspicuous place in his place of business. The licensee or permittee shall exhibit the certificate when applying for a renewal or upon demand of any police officer or person representing the issuing authority.
(Code 1978, § 31.07)
License or permit renewals under this chapter shall be issued in the same manner and be subject to the same conditions as original licenses or permits.
(Code 1978, § 31.09)
Unless otherwise provided, no license or permit under this chapter shall be transferable without the authorization of the council.
(Code 1978, § 31.08)
City officials may enter upon the premises where any licensed or permitted activity is being conducted for the purpose of inspection.
(Code 1978, § 31.12)
Any license or permit issued by the city under this chapter may be suspended or revoked by the city council for any of the following causes:
(Code 1978, § 31.10)
Any person aggrieved by the action of any city official in denying or revoking a license or permit under this chapter shall have the right to a hearing before the council on any such action, provided a written request therefor is filed with the city clerk within ten days after receipt of the notice of such suspension. The council may grant such license or permit, confirm any suspension or revocation, or reinstate any such license or permit. The action taken by the council after a hearing shall be final.
(Code 1978, § 31.11)
(Ord. No. 12-03-03, § 2, 3-26-2012)
Editor's note— Ord. No. 12-03-03, § 2, adopted May 26, 2012, did not specifically amend the Code; hence, inclusion herein as § 14-43 was at the editor's discretion.
Cross reference— Alcoholic beverage retail license, ch. 6, art. V, div. 2; peddlers, solicitors and transient merchants, ch. 14, art. V.
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Peddler. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. The term peddler shall mean the same term as the term hawker.
Person. Any natural individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships, and associations, the term shall include each member, officer, partner, associate, agent or employee.
Regular business day. Any day during which the city hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be counted as regular business days.
Solicitor. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term shall mean the same as the term "canvasser".
Transient merchant. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 14 consecutive days.
(Ord. No. 06-10-07, § 1, 10-25-06)
(Ord. No. 06-10-07, § 2, 10-25-06)
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see section 14-170.
The following shall be grounds for denying a license under this chapter.
(Ord. No. 06-10-07, § 1, 10-25-06)
(Ord. No. 06-10-07, § 1, 10-25-06)
No license issued under this article shall be transferred to any person other than the person to whom the license was issued.
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see § 14-170.
All solicitors, and any person exempt from the licensing requirements of this chapter, shall be required to register with the city. Persons engaging in door-to-door advocacy shall be required to register. The term "door-to-door advocacy" includes door-to-door canvassing and pamphleteering as vehicles for the dissemination of religious, political and other ideas. Registration shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form, the city clerk shall issue to the registrant a certificate of registration as proof of the registration. Certificates of Registration shall be transferable.
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see §10.
No peddler, solicitor or transient merchant shall conduct business in any of the following manners:
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see § 10.
No peddler, solicitor or transient merchant, unless invited to do so by the property owner or tenant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor or transient merchant when the property is marked with a sign or placard at least four inches long and four inches wide with print of at least 48 point in size stating "No Peddlers, Solicitors or Transient Merchants," or "Peddlers, Solicitors, and Transient Merchants Prohibited," or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard under this section.
(Ord. No. 06-10-07, § 1, 10-25-06)
Note— Penalty, see § 10.
Any violation of this article shall be deemed a misdemeanor offense and shall be punishable by a sentence of up to ninety (90) days in jail, or a fine of $1,000 or both.
(Ord. No. 06-10-07, § 1, 10-25-06)
(a) Finding and Purpose
The City of Grand Rapids makes the following legislative findings:
The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City of Grand Rapids to protect the public health, safety, welfare of the residents by regulating cannabis businesses within the legal boundaries of the City of Grand Rapids.
The City of Grand Rapids finds and concludes that the proposed provisions are appropriate and lawful land use regulations, that the proposed amendments promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good.
(b) Authority and Jurisdiction
The City of Grand Rapids has the authority to adopt this ordinance pursuant to:
(1) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that
such restrictions do not prohibit the establishment or operation of cannabis businesses.
(2) Minn. Stat. 342.22, regarding the local registration and enforcement requirements of state-licensed cannabis retail businesses and lower-potency hemp edible retail businesses.
(3) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.
(4) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning ordinances.
Ordinance will be applicable to the legal boundaries of the City of Grand Rapids.
(c) Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance will not be affected thereby.
(d) Enforcement
The City Administrator and/or designee is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance.
(e) Definitions
(1) Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, will have the same meanings in this ordinance.
(2) Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant, harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office.
(3) Cannabis Retail Businesses: A retail location and the retail locations(s) of mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers.
(4) Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form.
(5) Daycare: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
(6) Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
(7) Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to as "OCM" in this ordinance.
(8) Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public.
(9) Preliminary License Approval: OCM pre-approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17.
(10) Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation.
(11) Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23.
(12) Retail Registration: An approved registration issued by the City of Grand Rapids to a state-licensed cannabis retail business.
(13) School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24.
(14) State License: An approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business.
(a) Consent to registering of Cannabis Businesses
No individual or entity may operate a state-licensed cannabis retail business within the city limits without first registering with the City of Grand Rapids.
Any state-licensed cannabis retail business that sells to a customer or patient without valid retail registration will incur a civil penalty of up to $2,000 for each violation.
Notwithstanding the foregoing provisions, the state will not issue a license to any cannabis business to operate in Indian country, as defined in United States Code, title 18, section 1151, of a Minnesota Tribal government without the consent of the Tribal government.
(b) Compliance Checks Prior to Retail Registration
Prior to issuance of a cannabis retail business registration, the City will conduct a preliminary compliance check to ensure compliance with local ordinances.
Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, City of Grand Rapids will certify on a form provided by OCM whether a proposed cannabis retail business complies with the local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code.
(c) Registration and Application Procedure
(1) Fees
The City of Grand Rapids will not charge an application fee.
A registration fee, as established in the City's fee schedule, will be charged to applicants depending on the type of retail business license applied for.
An initial retail registration fee will not exceed $500 or half the amount of an initial state license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee will include the initial retail registration fee and the first annual renewal fee.
Any renewal retail registration fee imposed by the City will be charged at the time of the second renewal and each subsequent renewal thereafter.
A renewal retail registration fee will not exceed $1,000 or half the amount of a renewal state license fee under Minn. Stat. 342.11, whichever is less.
A medical combination business operating an adult-use retail location may only be charged a single registration fee, not to exceed the lesser of a single registration fee, defined under this section, of the adult-use retail business.
(2) Application Submittal
The City will issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22.
a. An applicant for a retail registration will fill out an application form, as provided by the City. Said form will include, but is not limited to:
1. Full name of the property owner and applicant;
2. Address, email address, and telephone number of the applicant;
3. The address and parcel ID for the property which the retail registration is sought;
4. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13.
b. The applicant will include with the form:
1. The registration fee as required in Section 14-186 (c) (1);
2. A copy of a valid state license or written notice of OCM license preapproval;
3. Verification from Itasca County that property taxes are not delinquent.
c. Once an application is considered complete, the City will inform the applicant as such, process the registration fees, and forward the application to the City Council for approval or denial.
d. The registration fee will be non-refundable once processed.
(3) Application Approval.
a. A state-licensed cannabis retail business application will not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 14-190.
b. A state-licensed cannabis retail business application will not be approved or renewed if the applicant is unable to meet the requirements of this ordinance.
c. A state-licensed cannabis retail business application that meets the requirements of this ordinance will be approved.
(4) Annual Compliance Checks
The City of Grand Rapids completes compliance checks as mandated by State law.
Any failures under this section must be reported to the Office of Cannabis Management.
(5) Location Change
A state-licensed cannabis retail business will be required to submit a new application for registration under Section 14-186 (d) if it seeks to move to a new location still within the legal boundaries of City of Grand Rapids.
(d) Renewal of Registration
The City of Grand Rapids will renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business' license.
A state-licensed cannabis retail business will apply to renew registration on a form established by City of Grand Rapids.
A cannabis retail registration issued under this ordinance will not be transferred.
(1) Renewal Fees
The City of Grand Rapids may charge a renewal fee for the registration starting at the second renewal, as established in City of Grand Rapids' fee schedule.
(2) Renewal Application
The application for renewal of a retail registration will include, but is not limited to:
a. Items required under Section 14-186 (c) (2) of this ordinance.
(e) Suspension of Registration
(1) When Suspension is Warranted
The City of Grand Rapids may suspend a cannabis retail business's registration if it violates the ordinance of City of Grand Rapids or poses an immediate threat to the health or safety of the public. The City of Grand Rapids will immediately notify the cannabis retail business in writing the grounds for the suspension.
(2) Notification to OCM.
The City of Grand Rapids will immediately notify the OCM in writing the grounds for the suspension. OCM will provide City of Grand Rapids and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days.
(3) Length of Suspension
The suspension of a cannabis retail business registration may be for up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended.
(4) Civil Penalties
Subject to Minn. Stat. 342.22, subd. 5(e) the City of Grand Rapids may impose a civil penalty, as specified in the City of Grand Rapids' fee schedule, for registration violations, not to exceed $2,000.
(f) Limiting of Registrations
The City of Grand Rapids will limit the number of cannabis retail businesses to no fewer than one registration for every 12,500 residents within the city limits of the City of Grand Rapids.
The City of Grand Rapids will limit the number of cannabis retail businesses to one (1) plus a municipal retail business if the City Council elects.
(a) Zoning and Land Use
Retail licensed cannabis businesses shall be located in Central Business District, General Business, or Shoreland General Business zoning districts as defined in the City of Grand Rapids Zoning ordinance. Production licensed cannabis businesses shall be located in Industrial Business Park, Shoreland Industrial Business Park, General Industrial Park, or Shoreland General Industrial Park zoning districts as defined in City of Grand Rapids Zoning ordinance.
(b) Hours of Operation
Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products between the hours of 8:00 am to 10:00 pm, Monday through Saturday and 11:00 am to 6:00 pm on Sundays.
(c) Advertising
Cannabis businesses are permitted to erect signs on the exterior of the building or property of the business, in accordance with City of Grand Rapids' zoning ordinances.
Any individual or business seeking to obtain a cannabis event license must provide OCM information about the time, location, layout, number of business participants, and hours of operation. A cannabis event organizer must receive local approval, including obtaining any necessary permits or licenses issued by a local unit of government before holding a cannabis event.
(a) License or Permit Required for Temporary Cannabis Events
(1) License Required
A cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting no more than four days. A jurisdiction should determine what type of approval is consistent with their existing ordinances for events. A license or permit is required to be issued and approved by City of Grand Rapids prior to holding a Temporary Cannabis Event.
(2) Registration and Application Procedure
A registration fee, as established in City of Grand Rapids' fee schedule, will be charged to applicants for Temporary Cannabis Events.
(3) Application Submittal and Review
The City of Grand Rapids will require an application for Temporary Cannabis Events.
a. An applicant for retail registration will fill out an application form, as provided by the City of Grand Rapids. Said form will include, but is not limited to:
1. Full name of the property owner(s) and applicant(s);
2. Address, email address, and telephone number of the applicant(s);
3. Address and property ID for which retail registration is sought.
b. The applicant will include with the form:
1. The application fee as required in Section 14-188 (a)(2);
2. A copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2.
3. A letter from host property indicating the approval of temporary event.
4. A letter from Itasca County that the host property is not delinquent with property taxes.
The application will be submitted to the City Administrator, or other designee for review. If the designee determines that a submitted application is incomplete, they will return the application to the applicant with the notice of deficiencies.
c. Once an application is considered complete, the designee will inform the applicant as such, process the application fees, and forward the application to the City Council for approval or denial.
d. The application fee will be non-refundable once processed.
e. The application for a license for a Temporary Cannabis Event will meet the following standards:
1. Temporary Cannabis Events can only be held in Central Business District, General Business, or Shoreland General Business, zoned property.
f. A request for a Temporary Cannabis Event that meets the requirements of this Section will be approved.
g. A request for Temporary Cannabis Event that does not meet the requirements of this Section will be denied. The City of Grand Rapids will notify the applicant of the standards not met and basis for denial.
Temporary Cannabis Events will only he held during the time event approved by the City Administrator or their designee.
City of Grand Rapids may establish, own, and operate one municipal cannabis retail business subject to the restrictions in this chapter.
The municipal cannabis retail store will not be included in any limitation of the number of registered cannabis retail businesses under Section 14-186 (f).
City of Grand Rapids will be subject to the same rental license requirements and procedures applicable to all other applicants.
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
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:
Operator means any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business or operation of a taxicab within the city.
Street means any street, highway, alley, avenue, court, bridge, land or public place in the city.
Taxicab means any motor vehicle used to carry passengers for hire, but not operating on a fixed route.
Taxicab driver means any person who drives a taxicab, whether such person is the owner of such taxicab or is employed by a taxicab owner or operator.
Taximeter means any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, whether by distance traveled or waiting time or by both, and upon which such charge shall be indicated by figures.
(Code 1978, § 36.01; Ord. No. 03-09-11, § 36.01, 8-25-2003)
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:
Operator means any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business or operation of a taxicab within the city.
Street means any street, highway, alley, avenue, court, bridge, land or public place in the city.
Taxicab means any motor vehicle used to carry passengers for hire, but not operating on a fixed route.
Taxicab driver means any person who drives a taxicab, whether such person is the owner of such taxicab or is employed by a taxicab owner or operator.
Taximeter means any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, whether by distance traveled or waiting time or by both, and upon which such charge shall be indicated by figures.
(Code 1978, § 36.01; Ord. No. 03-09-11, § 36.01, 8-25-2003)
(Code 1978, § 36.08; Ord. No. 03-08-11, § 36.08, 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)
It shall be the duty of the operator of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person conducts himself in an orderly manner and provided the taxicab is not occupied by another passenger.
(Code 1978, § 36.07(e); Ord. No. 03-08-11, § 36.07(e), 8-25-2003)