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AFFIDAVIT OF PUBLICATION
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE
<br />Rhonda Herberg being duly sworn on an
<br />oath, states or 'affirms that he/she is the
<br />Publisher's Designated Agent of the newspa-
<br />per(s) known as:
<br />Star News
<br />with the known office of issue being located
<br />in the county of:
<br />SHERBURNE
<br />with additional circulation in the counties of:
<br />WRIGHT '
<br />and has full knowledge of the facts stated
<br />below:
<br />(A) The newspaper has complied with all of
<br />the requirements constituting 'qualifica-
<br />tion as a qualified newspaper as provided
<br />by Minn. Stat. §331A.02.
<br />(B) This Public Notice was printed and pub-
<br />lished in said newspaper(s) once each
<br />week, for 1 successive week(s); the first
<br />insertion being on 10/22/2022 and the last
<br />insertion being on 10/22/2022.
<br />MORTGAGE FORECLOSURE NOTICES
<br />Pursuant to Minnesota Stat. §580.033
<br />relating to the publication of mortgage
<br />foreclosure notices: The newspaper complies
<br />with the conditions described in §580.033,
<br />subd. 1, clause (1) or (2). If the newspaper's
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<br />a substantial portion of the newspaper's
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<br />Designated
<br />Subscribed and sworn to or affirmed before
<br />me on 10/22/2022 by Rhonda Herberg.
<br />Notary Public
<br />�WYK/WMN•M1v+Mc+.hNWS� .
<br />DARLENE MARIE MACPHERSON
<br />NOTARY PUBLIC - MINNESOTA
<br />My CttmmWw Eapltes Jan 31, 2024
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<br />Ad ID 1267387
<br />CITY OF ELK RIVER
<br />COUNTY OF SHERBURNE
<br />STATE OF MINNESOTA
<br />ORDINANCE NO.22-22
<br />AN INTERIM ORDINANCE
<br />PROHIBITING THE SALE,
<br />TESTING,
<br />MANUFACTURING,
<br />AND DISTRIBUTION
<br />INTOXICATING AND
<br />PSYCHOACTIVE
<br />CANNABINOIOS
<br />NOW, THEREFORE, the City
<br />Council of the City of Elk River does
<br />ordain:
<br />SECTION 1.
<br />REPEAVREPLACE.
<br />This ordinance repeals and re-
<br />places Ordinance No. 22-20 in its
<br />entirety.
<br />SECTION 2. BACKGROUND.
<br />1. By enacting 2022 Session
<br />Law Chapter 98, Article 13, the
<br />Minnesota Legislature amended
<br />Minn. Stat. §151.72 and permitted
<br />the sale of edible and nonedible
<br />cannabinoid products that contain
<br />of Tetrahydrocannabinol, common-
<br />ly known as THC ("THC Products'/.
<br />2. The new law does enact some
<br />requirements for labeling and test-
<br />ing, but the law provides no param-
<br />eters regulating production, com-
<br />pliance checks, or sales of THC
<br />Products. The new law does not
<br />prohibit local regulation.
<br />3. Since the enactment of the
<br />new law, local government and law
<br />enforcement remain concerned
<br />about legal status and classifica-
<br />tion of the production, sale, and
<br />use of other intoxicating and psy-
<br />choactive cannabinoids, such as
<br />HHC, as primary or secondary in-
<br />gredients in edible and nonedible
<br />cannabinoid products ("Intoxicat-
<br />ing Cannabinoids'/.
<br />4. Pursuant to Minn. Stat. §
<br />462.355, subd. 4, the City is autho-
<br />rized to enact by ordinance a mor-
<br />atorium to regulate, restrict or pro-
<br />hibit any use within the jurisdiction
<br />to protect the public health, safety,
<br />and welfare. Specifically, the City is
<br />authorized to enact a moratorium
<br />ordinance to allow it to undertake
<br />a study to determine whether to
<br />adopt any regulations or restric-
<br />tions, including siting and location
<br />of uses, related to the sales, test-
<br />ing, manufacturing, and distribution
<br />of THC Products and Intoxicating
<br />Cannabinoids.
<br />5. Pursuant to its general police
<br />powers, including but not limited
<br />to, Minn. Stat. § 421.221, subd.
<br />32, the City may enact and enforce
<br />regulations or restrictions on THC
<br />Products and Intoxicating Cannabi-
<br />noids within the City to protect the
<br />public safety, health, and welfare,
<br />including restrictions and a mora-
<br />torium on the use of sales, testing,
<br />manufacturing, and distribution,
<br />during the pendency of a study to
<br />determine the need for police pow-
<br />er regulations, including but not
<br />necessarily limited to licensing and
<br />permitting.
<br />SECTION 3, FINDINGS.
<br />1. The City Council finds there is
<br />a need to study THC Products In-
<br />toxicating Cannabinoids and uses
<br />and businesses related thereto, in
<br />order to assess the necessity for
<br />and efficacy, of regulation and re-
<br />strictions relating to the sales, test-
<br />ing, manufacturing, and distribution
<br />of THC Products, including through
<br />licensing or zoning ordinances, in
<br />order to protect the public health,
<br />safety, and welfares of its residents.
<br />2. The study will allow the City
<br />Council to determine the appro-
<br />priate changes, if any, that that it
<br />should make to City ordinances.
<br />3. The City Council, therefore,
<br />finds that there is a need to adopt
<br />a City-wide moratorium of the sale,
<br />testing, manufacturing, and distri-
<br />bution of THC Products and Intoxi-
<br />cating Cannabinoids within the City
<br />while City staff studies the issue.
<br />SECTION 4. MORATORIUM.
<br />1. No individual, establishment,
<br />organization, or business may
<br />sell, test, manufacture, or distrib-
<br />ute THC Products and Intoxicat-
<br />ing Cannabinoids for twelve (12)
<br />months from the effective date of
<br />this ordinance.
<br />2. The City shall not issue any
<br />license or permit related to THC
<br />Products and Intoxicating Canna-
<br />binoids for twelve (12) months from
<br />the effective date of this ordinance.
<br />No license or permit application, of
<br />any kind, by any individual, estab-
<br />lishment, organization, or business-
<br />es involved in the proposed sale,
<br />testing, manufacturing, or distribu-
<br />tion of THC Products and Intoxicat-
<br />ing Cannabinoids within the City of
<br />Elk River shall be accepted or con-
<br />sidered for twelve (12) months from
<br />the effective date of this ordinance.
<br />3. Planning or zoning applica-
<br />tions related to THC Products and
<br />Intoxicating Cannabinoids or appli-
<br />cations from individuals, establish-
<br />ments, organizations, or business-
<br />es involved in the proposed sale,
<br />testing, manufacturing, or distribu-
<br />tion of THC Products and Intoxicat-
<br />ing Cannabinoids within the City of
<br />Elk River shall not be accepted or
<br />considered for twelve (12) months
<br />from the effective date of this ordi-
<br />nance.
<br />4. Exemptions:
<br />a. This moratorium does not
<br />apply to the selling, testing, man-
<br />ufacturing, or distributing of THC
<br />Products related to the Medical
<br />Cannabis Program as administered
<br />by the Minnesota Department of
<br />Health, provided that such activi-
<br />ty is done in accordance with the
<br />regulations and laws of Minnesota
<br />regarding Medical Cannabis.
<br />b. This moratorium does not
<br />apply to the selling, manufactur-
<br />ing, or distribution of products that
<br />contain. non -intoxicating, non -psy-
<br />choactive cannabinoids as the pri-
<br />mary cannabinoid ingredient, such.
<br />Cannabldiol ("CBD'I or Cannabinol
<br />("CBN'l, and which have no more
<br />than trace amounts of THC.
<br />SECTION 5. STUDY. The City
<br />Council directs City staff to study
<br />the need for local regulation regard-
<br />ing the sale, testing, manufacturing,
<br />or distribution of THC Products and
<br />Intoxicating Cannabinoids with-
<br />in the City of Elk River. Staff must
<br />also study the need for creating
<br />or amending zoning ordinances,
<br />licensing ordinances, or any other
<br />ordinances to protect the citizens
<br />of Elk River from any potential neg-
<br />ative impacts of THC Products and
<br />Intoxicating Cannabinoids. Upon
<br />completion of the study, the City
<br />Council, together with such com-
<br />mission as the City Council deems
<br />appropriate or, as may be required
<br />by law, will consider the advisabil-
<br />ity of adopting new ordinances or
<br />amending its current ordinances.
<br />SECTION 8. ENFORCEMENT.
<br />The City may enforce this Ordi-
<br />nance by mandamus, injunctive
<br />relief, or other appropriate civil rem-
<br />edy in any court of competent ju-
<br />risdiction. The City Council hereby
<br />authorizes the City Administrator, in
<br />consultation with the City Attorney,
<br />to initiate any legal action deemed
<br />necessary to secure compliance
<br />with this Ordinance. A violation of
<br />this Ordinance is also subject to the
<br />City's general penalty in City Code
<br />§ 1-8.
<br />SECTION 7. TERM. Unless ear-
<br />lier rescinded by the City Council,
<br />the moratorium established under
<br />this Ordinance shall remain in effect
<br />until forty-five (45) days from its ef-
<br />fective date, at which point, it will
<br />automatically expire.
<br />SECTION 8, EFFECTIVE DATE.
<br />This Ordinance shall be in full force
<br />and effect from and after its pas-
<br />sage by the City Council. 7
<br />Passed this 17th day. of October
<br />2022.
<br />John J. Dietz, Mayor
<br />ATTEST
<br />Tina,Allard, City Clerk
<br />Published in the
<br />Star News
<br />October 22, 2022
<br />1267387
<br />
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