Ch3.§5-3 · City of Nowthen public records

A. The owner of the property or any party with a legal interest in the property who has been issued a Declaration of Public Health Nuisance, an Order for Abatement, or a Statement of Public Costs may appeal the Declaration of Public Health Nuisance, the Order for Abatement or the Statement of Public Costs to the City Council. B. The appeal shall be in writing filed with the City Clerk and Anoka County Community Health and Environmental Services, specifying the grounds for the appeal and the relief requested. The appeal must be filed within ten (10) days of the issuance of the item from which appeal is taken. C. The City Council shall hear the appeal within sixty (60) days of the filing. Upon review, the City Council may affirm, modify or reverse the action taken. D. The filing of an appeal shall suspend the terms of the Declaration of Public Health Nuisance, Order for Abatement, or Statement of Public Costs, whichever is applicable. However, in the instance of an appeal from an Order for Abatement, the appeal shall not suspend that part of the order prohibiting occupancy of the property. (Ord. #17, adopted May 11, 2004) 3-5-4: VIOLATIONS AND PENALTIES: Any person violating any provisions of this Article is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minn. Stat. § 609.02, Subd. 3. (Ord. #17, adopted May 11, 2004)   # SECTION 6 REGULATING TETRAHYDROCANNABINOL PRODUCTS Section: 3-6-1 Purpose and Intent 3-6-2 Definitions 3-6-3 License Required 3-6-4 Eligibility and Basis for Denial of License 3-6-5 Prohibited Acts 3-6-6 Additional Requirements 3-6-7 Responsibility 3-6-8 Violations and Penalty 3-6-9 License Fee 3-6-1. Purpose and Intent. The purpose of this Ordinance is to regulate the sale of any legalized adult-use product that contains tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minn. Stat. §151.72, also known as "THC Products" for the following reasons: A. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. §151.72 to allow the sale of certain products containing tetrahydrocannabinol, also known as "THC". B. The new law does not prohibit municipalities from adopting and enforcing local ordinances to regulate THC product businesses including, but not limited to, local zoning and land use requirements and business license requirements. C. The National Academies of Science, Engineering, and Medicine note that the growing acceptance, accessibility, and use of THC products, including for medical purposes, have raised important public health concerns, while the lack of aggregated knowledge of cannabis-related health effects has led to uncertainty about the impact of its use. D. The City recognizes the danger THC use presents to the health, welfare, and safety of youth in Nowthen. E. The Minnesota Legislature recognized the danger of THC product use among the public at large by setting potency and serving size requirements. F. The Minnesota Legislature recognized the danger of THC product use among youth by prohibiting the sale of any product containing THC to those under the age of 21, requiring that edible THC products be   packaged without appeal to children and in child-resistant packaging or containers. G. State law authorizes the Board of Pharmacy to adopt product and testing standards in part to curb the illegal sale and distribution of THC products and ensure the safety and compliance of commercially available THC products in the state of Minnesota H. The City has the opportunity to be proactive and make decisions that will mitigate this threat and reduce exposure of young people to the products or to the marketing of these products and improve compliance among THC product retailers with laws prohibiting the sale or marketing of THC products to youth. I. A local regulatory system for THC product retailers is appropriate to ensure that retailers comply with THC product laws and business standards of the City of Nowthen to protect the health, safety, and welfare of our youth and most vulnerable residents. J. A requirement for a THC product retailer license will not unduly burden legitimate business activities of retailers who sell or distribute THC products to adults but will allow the City of Nowthen to regulate the operation of lawful businesses to discourage violations of state and local THC Product-related laws. K. In making these findings and enacting this ordinance, it is the intent of the Nowthen City Council to ensure responsible THC product retailing, allowing legal sale and access without promoting increases in use, and to discourage violations of THC Product-related laws, especially those which prohibit or discourage the marketing, sale, or distribution of THC products to youth under 21 years of age. 3-6-2. Definitions. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted 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: Exclusive Liquor Store. An establishment that meets the definition of exclusive liquor store in Minn. Stat. § 340A.101, subd. 10. Licensed Product or the Product. Any product that contains more than trace amounts of tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minn. Stat. §151.72, as may be amended from time to time. Licensed product does not include medical cannabis as defined in Minn. Stat. §152.22, Subd. 6, as may be amended from time to time,   excluding "medical cannabis" as defined by Minn. Stat. §152.22, Subd. 6, as the same may be amended from time to time. Moveable Place of Business. Any form of business operated out of a kiosk, 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. Sale. Any transfer of goods for money, trade, barter, or other consideration. School. Any public or private elementary, vocational, or secondary school, or a public or private college or university. Self-Service Merchandising. Open displays of licensed products in any manner where any person has access to the licensed products without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention means the actual physical exchange of the licensed product between the customer and the licensee or employee. THC. Is the acronym for tetrahydrocannabinol, the principal psychoactive constituent of cannabis. Vending Machine. Any mechanical, electric, or electronic, or other type of device that dispenses licensed products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the licensed product.

Ch.3 § 5-3

Amendment history