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New Prague council vacates $300 THC-citation after business owners say they weren’t properly notified

New Prague City Council · November 18, 2024
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Summary

Owners of a New Prague bar appealed a $300 citation for selling higher-potency THC beverages, saying staff previously told them no local permit was required; the council voted to vacate the fine after hearing the owners’ evidence and discussing municipal notification issues.

Owen and Mona Schultz told the New Prague City Council on Nov. 18 that they began selling THC beverages in 2023 and believed no local permit was required until recent communications. Owen said he emailed city staff in March 2023 asking what he needed to do and was told "there was nothing that we needed to do," and that once they learned a permit was required they immediately stopped sales and applied for registration.

City staff confirmed the city had issued a violation under the THC ordinance and included the citation in the council packet. Councilmembers questioned whether the city had adequately notified businesses when the local ordinance and permitting process were adopted. Several members said rollout and communications had been confusing for retailers. Councilmember Sean moved that the council vacate the $300 fine; the motion was seconded, the council voted by voice, and the motion carried.

Mayor and staff noted the city follows public-notice requirements but acknowledged individual businesses may not have received targeted notification. Councilmembers indicated the vacancy of this fine reflected a judgment that the Schultz owners had made a good-faith effort to comply and that enforcement in this instance was not appropriate given the communication timeline.

The council’s action removes the violation from the Schultz owners’ record; staff said they will continue to clarify local registration and coordinate with the state as new state-level licensing rules come into effect. No further formal penalties were announced.