Ch3.§6-9 · City of Nowthen public records

No license shall be issued under this Ordinance until the appropriate license fee shall be paid in full. The fee for a license under this article may be amended from time to time by the City Council. The annual fee for a THC license shall be $250.00 per calendar year, payable at the time of submission of an application for a license. License fees for licenses issued for part of a year shall be prorated as a percentage of the year the license will be in effect. No portion of such license fees shall be refundable. ### SECTION 2. Effective Date. This Ordinance shall take effect upon its passage and publication according to law. ADOPTED by the City Council of the City of Nowthen this 12th day of September 2023.   Chefcy M. Flon Jeff Pilon Mayor ATTEST: Scott Lehner, City Administrator 0 0   # CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA # ORDINANCE NO. 2023-03 # AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE OPERATION OF A CANNABIS BUSINESS THE CITY COUNCIL OF THE CITY OF NOWTHEN DOES ORDAIN AS FOLLOWS: ARTICLE I. Authority and Legislative Findings. A. The Minnesota Legislature recently enacted, and Governor signed, 2023 Minnesota Session Laws, Chapter 63 - H.F. No. 100 ("Act"), which is comprehensive legislation relating to cannabis including, but not limited to, the establishment of the Office of Cannabis Management ("OCM"), legalizing and limiting the possession and use of cannabis and certain hemp products by adults, providing for the licensing, inspection, and regulation of cannabis businesses and hemp businesses, taxing the sale of cannabis flower, cannabis products, and certain hemp products, establishing grant and loan programs, amending criminal penalties, providing for expungement of certain convictions and providing for the temporary regulation of certain edible cannabinoid products. B. The Act provides local units of government certain authority related to cannabis businesses, including the authority to (1) require local registration of certain cannabis businesses operating retail establishments, (2) adopt reasonable restrictions on the time, place, and manner of the operation of cannabis businesses, provided that such restrictions do not prohibit the establishment or operation of a cannabis businesses, (3) limit the number of certain cannabis businesses based on the population of the community, and (4) prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field. C. The Act requires the OCM, which was established effective July 1, 2023, to work with local governments to develop model ordinances for reasonable restrictions on the time, place, and manner of the operation of cannabis businesses. The Act also requires the OCM to establish additional rules and regulations relating to the operation of cannabis businesses. The City will benefit from reviewing and analyzing the OCM's model ordinances, rules and regulations before making any decisions related to the regulation of cannabis businesses in the City. D. The Act (Minnesota Statutes, section 342.13(e)) expressly allows a local unit of government that is conducting studies or has authorized a study to be conducted or has held or scheduled a hearing for the purpose of considering adoption or amendment of reasonable restrictions on the time, place and manner of the operation of cannabis businesses to adopt   an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. The interim ordinance may regulate, restrict, or prohibit the operation of cannabis businesses within the jurisdiction or a portion thereof until January 1, 2025. E. Given the uncertainty regarding the model ordinances to be developed by the OCM and the broad scope of the changes to Minnesota law brought about by the Act, the City desires to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. F. The City desires to conduct a study for the purpose of considering the adoption or amendment of reasonable restrictions on the time, place and manner of the operation of cannabis businesses as well as the other regulations local units of government may adopt under the Act. G. After published notice, the City Council held a public hearing regarding the consideration and adoption of an interim ordinance prohibiting the operation of cannabis businesses within the City until January 1, 2025 and recommended its adoption. ARTICLE II. Definitions. For purposes of this Ordinance, the following terms shall have the meaning given them in this section. (a) "Act" means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100). (b) "Cannabis Business" has the meaning given the term in Minnesota Statutes, section 342.01, subdivision 14. (c) "City" means the City of Nowthen. (d) "Edible Cannabinoid Product" has the meaning given the term in Minnesota Statutes, section 151.72, subdivision 1(f). (e) "OCM" means the Office of Cannabis Management, established as set forth in Minnesota Statutes, section 342.02, subd. 1. (f) "Ordinance" means this interim ordinance, which is adopted pursuant to Minnesota Statutes, section 342.13(e). ARTICLE III. Study Authorized. The City Council hereby authorizes and directs the City Administrator to have City staff conduct a study regarding the adoption or amendment of reasonable restrictions on the time, place, and manner of the operation of Cannabis Businesses, as well as the other potential local regulations allowed under the Act, and report to the City Council on the potential regulation of Cannabis Businesses. The study must include a review of the model ordinances the OCM is directed to draft under Minnesota Statutes, section 342.13(d), an analysis of potential setback regulations allowed under Minnesota Statues, section 342.13(c), and such other matters as staff may determine are relevant to the City Council's consideration of this matter.   The report shall include the City staff's recommendations on whether the City Council should adopt regulations and, if so, the recommended types of regulations. ARTICLE IV. Moratorium. A moratorium is hereby imposed regarding the operation of a Cannabis Business within the City. During the term of this Ordinance, no business, person, or entity may establish or operate a Cannabis Business within the jurisdictional boundaries of the City. The City shall not accept, process, or act on any application, site plan, building permit, zoning request, or other approval, including any requested confirmation, certification, approval, or other request from the OCM or other governmental entity requesting City review of any application or proposal for a business proposing to engage in the operation of a Cannabis Business. ARTICLE V. Violation. During the term of the moratorium, it is a violation of this Ordinance and a misdemeanor for any business, person, or entity to establish or operate a Cannabis Business within the City. ARTICLE VI. Exceptions. The moratorium imposed by this Ordinance does not apply to: (1) the continued operation of a business as part of the Medical Cannabis Program administered by the Minnesota Department of Health that was lawfully operating within the City prior to July 1, 2023; (2) the lawful sale of Edible Cannabinoid Products in compliance with Minnesota Statutes, section 151.72 and any regulations of the City; or (3) sales of Edible Cannabinoid Products at an exclusive liquor store in accordance with Minnesota Statutes, section 340A.412, subdivision 14. Nothing in this Article exempts a business, person, or entity that is selling Edible Cannabinoid Products from having to comply with all requirements and prohibitions of applicable laws and ordinances. ARTICLE VII. Enforcement. Violation of this Ordinance is a misdemeanor. The City may also enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction. A violation of this Ordinance may result in the City reporting the violation to the OCM if relevant to OCM licensing. The City Council hereby authorizes the City Administrator, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. ARTICLE VIII. Duration. This Ordinance shall become effective on the first day of publication after adoption and shall remain in effect until January 1, 2025. This Ordinance may be repealed earlier upon the effective date of an ordinance adopting or amending reasonable restrictions on the time, place and manner of the operation of a Cannabis Business within the City or by resolution of the City Council terminating this Ordinance prior to the expiration date. ARTICLE IX. Severability. Every section, provision, and part of this Ordinance is declared severable from every other section, provision, and part thereof. If any section, provision, or part of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance. ARTCLE X. Effective Date. This Ordinance shall be effective upon it adoption. Adopted this 12th day of September 2023.   A Affey M. Plan Jeff PilonY Mayor ATTEST: Scott Lehner, City Administrator O 0   # CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA ## ORDINANCE NO. 2023-04 ### AN ORDINANCE AUTHORIZING AND REGULATING THE CONDUCT OF LAWFUL GAMBLING WITHIN THE CITY OF NOWTHEN, MINNESOTA The City Council of the City of Nowthen, Minnesota ordains: #### SECTION 1. ADOPTION OF STATE LAW BY REFERENCE The provisions of Minn. Stat. ch. 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the City Council that all future amendments of Minn. Stat. ch. 349, are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. #### SECTION 2. CITY MAY BE MORE RESTRICTIVE THAN STATE LAW The City Council is authorized by the provisions of Minn. Stat. § 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling within its limits beyond those contained in Minn. Stat. ch. 349, as it may be amended from time to time. #### SECTION 3. PURPOSE The purpose of this ordinance is to regulate lawful gambling within the City of Nowthen, to prevent its commercialization, to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. #### SECTION 4. DEFINITIONS In addition to the definitions contained in Minn. Stat. § 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board. CITY, as used in this ordinance, means the City of Nowthen. CITY COUNCIL, as used in this ordinance, means the City Council of the City of Nowthen. LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the city and the Board. LOCAL PERMIT, as used in this ordinance, means a permit issued by the city.   TRADE AREA, as used in this ordinance, means the cities of Ramsey, St. Francis, Oak Grove, Nowthen and Elk River. #### SECTION 5. APPLICABILITY This ordinance shall be construed to regulate all forms of lawful gambling within the city except for the following: (i) Bingo conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if the prizes for a single bingo game do not exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, only members of the organization, residents of the nursing home or housing project, and their guests, are allowed to play in a bingo game, no compensation is paid for any persons who conduct the bingo, and a manager is appointed to supervise the bingo. (ii) Raffles conducted so as to meet the requirements to be considered exempt from state licensing requirements pursuant to Minn. Stat. § 349.166. #### SECTION 6. LAWFUL GAMBLING PERMITTED Lawful gambling is permitted within the city provided it is conducted in accordance with Minn. Stat. §§ 609.75 -. 763, inclusive, as they may be amended from time to time; Minn. Stat. §§ 349.11 -. 23, inclusive, as they may be amended from time to time; and this ordinance. #### SECTION 7. CITY COUNCIL APPROVAL Subd. 1. Lawful gambling authorized by Minn. Stat. §§ 349.11 -. 23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the City Council, subject to the provisions of this ordinance and state law. Subd. 2. No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minn. Stat. § 349.166, as it may be amended from time to time, without a valid Local Permit from the city. This section shall not apply to lawful gambling exempted from local regulation by Section 5 of this ordinance. #### SECTION 8. APPLICATION AND CITY APPROVAL OF PREMISES PERMITS Subd. 1. Applications for issuance or renewal of a Local Permit from the city shall be on a form prescribed by the city. The application shall contain the following information: (i) Name and address of the organization requesting the permit. (ii) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. (iii) Dates of gambling occasion for which permit is requested. (iv) Address of premises where event will occur.   (v) Copy of rental or leasing arrangement, if any, connected with the event, including rent to be charged to the organization. (vi) Estimated value of prizes to be awarded. Subd. 2. The fee for a Local Permit shall be $200 of which $100 is a nonrefundable administrative fee and $100 is an investigation fee. The fee shall be submitted with the application for a Local Permit. The $100 investigation fee shall be refunded if the application is withdrawn before the investigation is commenced. Subd. 3. Upon receipt of an application for issuance of a premises permit, the City Administrator shall transmit the application to the Anoka County Sheriff's Department for review and recommendation. Subd. 4. The County Sheriff shall investigate the matter and make the review and a recommendation to the City Council. Subd. 5. The applicant shall be notified in writing of the date on which the City Council will consider the recommendation. Subd. 6. The City Council shall receive the County Sheriff's report and consider the application within 60 days of the date the application was submitted to the City Administrator or the next regularly scheduled City Council meeting after receipt of the County Sheriff's report, whichever event occurs last. Subd. 7. The City Council shall by resolution approve or disapprove the application. Subd. 8. The City Council shall deny an application for issuance or renewal of a premises permit for any of the reasons listed below. THE FOLLOWING REASONS WOULD BE GROUNDS FOR DENIAL: (i) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. (ii) Violation by the on-sale establishment or organization leasing its premises for gambling of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice, and protection of public safety within the last three (3) years. (iii) Lawful gambling would be conducted at premises other than those for which an on-sale liquor license has been issued. (iv) Lawful gambling would be conducted at more than three (3) premises within the city.   (v) An organization would be permitted to conduct lawful gambling activities at more than one (1) premises in the city. (vi) More than one Licensed Organization would be permitted to conduct lawful gambling activities at one (1) premises. (vii) Failure of the applicant to pay the application fee provided by Subdivision 3 within the prescribed time limit. (viii) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Subd. 9. Local Permits shall be valid for one (1) year after the date of issuance unless suspended or revoked. #### SECTION 9. LICENSE AND PERMIT DISPLAY All permits issued under state law or this ordinance shall be prominently displayed during the permit year at the premises where the permitted gambling is conducted. #### SECTION 10. NOTIFICATION OF MATERIAL CHANGES TO APPLICATION An organization holding a state-issued premises permit or a Local Permit shall notify the city within ten (10) days in writing whenever any material change is made in the information submitted on the application. #### SECTION 11. CONTRIBUTION OF NET PROFITS TO FUND ADMINISTERED BY CITY Subd. 1. Each organization licensed to conduct lawful gambling within the city pursuant to Minn. Stat. § 349.16, as it may be amended from time to time, shall contribute a minimum of ten percent (10%) of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for charitable contributions as defined by Minn. Stat. § 349.12, subd. 7a, as it may be amended from time to time. Nothing in this ordinance shall prevent an organization licensed to conduct lawful gambling within the city from contributing more of its net profits derived from lawful gambling to the city than the minimum required by this subdivision. Subd. 2. Payment under this section shall be made quarterly on the following dates: January 1st, April 1st, July 1st, and October 1 st. Subd. 3. The city's use of such funds shall be determined at the time of adoption of the city's annual budget or when the budget is amended.   #### SECTION 12. DESIGNATED TRADE AREA Subd. 1. Each organization licensed to conduct gambling within the city shall expend ninety percent (90%) of its lawful purpose expenditures on lawful purposes conducted within the city's Trade Area. Subd. 2. This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the city's jurisdiction. #### SECTION 13. RECORDS AND REPORTING Subd. 1. Organizations conducting lawful gambling shall file with the City Administrator one copy of all records and reports required to be filed with the Board, pursuant to Minn. Stat. ch. 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. Subd. 2. Organizations licensed by the city shall file a report with the city proving compliance with the contributions to the city and the trade area spending requirements imposed by Sections 11 and 12 of this ordinance. Such report shall be made on a form prescribed by the city and shall be submitted annually by December 31st of each year. #### SECTION 14. HOURS OF OPERATION Lawful gambling shall not be conducted between 2 a.m. and 8 a.m. on any day of the week. #### SECTION 15. PENALTY Any person who violates any provision of this ordinance; Minn. Stat. §§ 609.75-609.763, inclusive, as they may be amended from time to time; or Minn. Stat. §§ 349.11-349.21, as they may be amended from time to time; or any rules promulgated under those sections, as they may be amended from time to time, shall be guilty of a misdemeanor and subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both, plus in either case the costs of prosecution. In addition, violations shall be reported to the Board and recommendation shall be made for suspension, revocation, or cancellation of an organization's license pursuant to this ordinance. #### SECTION 16. REVOCATION AND SUSPENSION OF LOCAL PERMIT Subd. 1. A Local Permit may be revoked or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. Subd. 2. A license shall not be revoked or suspended until written notice and an opportunity for a hearing have first been given to the permitted person. The notice shall be personally served or sent by certified or registered mail. If the person refuses to accept notice, notice of the violation shall be served by posting it on the premises. Notice shall state the provision reasonably believed to be violated and shall also state that the permitted person may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted   person requests a hearing, the City Council shall hold a hearing on the matter at least one week after the date on which the request is made. If, as a result of the hearing, the City Council finds that an ordinance violation exists, then the City Council may suspend or revoke the permit. #### SECTION 17. SEVERABILITY If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. #### SECTION 18. EFFECTIVE DATE This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time. Passed by Nowthen City Council this 12th day of September 2023. 0 <figure> Jeff Pilon, Mayor Attested. </figure> Scott Lehner, City Administrator   # CITY OF NOWTHEN ANOKA COUNTY STATE OF MINNESOTA # ORDINANCE NO. 2023-06 # INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON THE LEASING OF SPACE AS PART OF ANY EXTENDED HOME OCCUPATION THE CITY COUNCIL FOR THE CITY OF NOWTHEN ORDAINS AS FOLLOWS: ## Section 1. Preamble. The City of Nowthen has adopted official zoning controls through the adoption of its Zoning Ordinance, Chapter 11 of the Nowthen City Code, which regulates Extended Home Occupations under Section 11-4-3.B and allows for the processing of Interim Use Permits for such uses. The City of Nowthen recently reviewed language within its Zoning Ordinance regarding the leasing of land under the Extended Home Occupation regulations and has found the standards to be substantially inadequate. While the City requires property owners to reside on the premises of the land for which an Extended Home Occupation Interim Use Permit is granted, the leasing of land to non-family members is in opposition to the intent of the home occupation language. Because of these important zoning and permitting issues, the City Council desires to conduct further studies for the purpose of consideration of possible revision and amendments to the City of Nowthen's official controls to address issues related to the lack of clear Extended Home Occupation regulations. The purpose of such revisions and amendments is to create a clearer and more updated regulatory framework. All properties within the RRA, Rural Residential Agriculture Zoning District within the City of Nowthen are hereby declared to be an "Interim Zoning Study Area" with respect to the leasing of land as part of Extended Home Occupations to allow time for determination of what regulatory controls may need to be adopted to protect the public health, safety, and welfare. The City Planning and Zoning Commission has been directed to study the need for refinement and clarification of standards in the Interim Zoning Study Area in order to prepare proposed amendments to City Zoning regulations for consideration by the City Council. ## Section 2. Authority and Purpose. This City Council, therefore, pursuant to Minn. Stat. 462.355, subd. 4(a), finds that a moratorium is required to protect the permitting and planning process within the City of Nowthen for all Extended Home Occupation requests related to the leasing of buildings or land located within the Interim Zoning Study Area. The study period required under the moratorium, including all   necessary revisions and amendments to the City's Zoning Ordinance is anticipated to be completed by October 10, 2024. ## Section 3. Temporary Moratorium Established and Scope. In accordance with the finding set forth in Section 1 of this Ordinance and pursuant to the direction of this City Council, there is hereby established a moratorium on new Extended Home Occupation applications involving the leasing of buildings or land in the Interim Study Zoning Area. For a period of one year after the effective date of this Ordinance, or until such earlier time as the City Council determines by resolution that the reasons for the moratorium no longer exist, no zoning permit approval, building permit, license or other approval for the Extended Home Occupation Interim Use Permit for the leasing of buildings or land shall be accepted or allowed by the City or granted for any property located within the Interim Zoning Study Area by the City. ## Section 4. Hardship. In cases of hardship, any person having a legal or equitable interest in land and aggrieved by the requirements of this interim ordinance may apply to the City Council for a waiver of all or a portion of the applicable restrictions. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted. ## Section 5. Misdemeanor. Any person, persons, firm or corporation violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Minn. Stat. § 609.02, Subd. 3, or as subsequently amended, plus costs of prosecution. ## Section 6. Injunctive Relief. In the event of a violation of this Ordinance, the City of Nowthen may institute appropriate actions or proceedings, including requesting injunctive relief to prevent, restrain, correct, or abate such violations. ## Section 7. Separability. It is hereby declared to be the intention that the several provisions of this Ordinance are separable in accordance with the following: if any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment.   ## Section 8. Effective Date. This Ordinance shall take effect from and after its passage and shall remain in effect until one year after the effective date unless a shorter period of time is approved by proper resolution of the City Council. ADOPTED by the City Council of the City of Nowthen this 10th day of October 2023. CITY OF NOWTHEN <figure> mintegy m. Plan </figure> ATTEST: Scot Lehner, City Administrator can get

Ch.3 § 6-9

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