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HomeMy WebLinkAboutOrdinance to Regulate Cannabis and Lower-Potency Hemp Businesses - 04-01-2025Page 11 OTTERTAIL COUNTY -MINNESOTA 1317427 LYNN R LARSON OTTER TAIL COUNTY RECORDER/REGISTRAR OF TITLES FERGUS FALLS, MN RECORDED ON 04/01/2025 01:15 PM FEE: 0.00 PAGES 32 WELL CERTIFICATE REC'D: N OTTER TAIL COUNTY-MINNESOTA ORDINANCE TO REGULATE CANNABIS and LOWER-POTENCY HEMP BUSINESSES Adopted: March 25, 2025 Revisions: Original Effective Date: April 1, 2025 Administration TABLE OF CO NTE NTS Contents Objective ..................................................................................................................................................... 4 Policy Statement ......................................................................................................................................... 4 Scope .......................................................................................................................................................... 4 Statutory References .................................................................................................................................. 4 Section 100: GENERAL PROVISIONS .............................................................................................................. 4 100.10 PURPOSE, INTENT AND STATUTORY AUTHORITY ..................................................................... 4 100.15 Jurisdiction .......................................................................................................................................... 5 100.20 Severability and Savings Clause ........................................................................................................ 5 100.30 Enforcement ....................................................................................................................................... 5 Section 150: DEFINITIONS ................................................................................................................................ 5 Section 200: REGISTRATION OF CANNABIS RETAIL BUSINESSES OR CANNABIS RETAIL ENDORSEMENT AND LOW-POTENCY RETAIL BUSINESSES ..................................................................... 8 200.1 O Registering of Cannabis Businesses and Lower-Potency Hemp Edible Retail Businesses ........ 8 200.15 Compliance Checks Prior to Retail Registration ........................................................................... 8 200.20 Registration and Application Procedures ...................................................................................... 8 Section 300: REQUIREMENTS FOR CANNABIS RETAIL AND RETAIL ENDORSEMENT BUSINESS ..... 11 300.05 Age .................................................................................................................................................... 11 300.1 O Minimum Buffer Requirements .................................................................................................... 11 300.15 General Standards ...................................................................................................................... 12 300.20 Hours of Operation -Retail Sale ...................................................................................................... 12 300.25 Advertising ........................................................................................................................................ 12 300.30 Employees ........................................................................................................................................ 12 Section 400: REQUIREMENTS FOR LOWER-POTENCY HEMP EDIBLE RETAIL BUSINESSES .............. 12 400.10 Sale of Lower-Potency Hemp Edibles .............................................................................................. 12 400.30 Additional Standards ................................................................................................................... 13 Section 500: ANNUAL COMPLIANCE CHECKS ............................................................................................ 13 Section 600: TEMPORARY CANNABIS EVENTS ......................................................................................... 14 600.10 Registration Required for Temporary Cannabis Events .................................................................. 14 600.15 Temporary Cannabis Event Standards ....................................................................................... 15 600.20 Application Submittal and Review ............................................................................................... 15 Page I 2 Administration Section 700: USE IN PUBLIC PLACES .......................................................................................................... 16 710.00 Prohibited Acts .................................................................................................................................. 16 720.00 Exceptions to Public Place or Place of Public Accommodation ....................................................... 16 SECTION 800: ADOPTION/EFFECTIVE DATE .............................................................................................. 16 Page 13 Administration Ordinance to Regulate Cannabis and Lower-Potency Hemp Edibles Objective Policy Statement Scope Statutory References To safeguard public health, safety, and community well-being through responsible regulation of cannabis businesses and of retail or a retail operations endorsement of cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, medical cannabis combination business, or lower-potency hemp edible retailer within Otter Tail County. This Ordinance is adopted by Board of Commissioners for the purpose of supporting the legal cannabis market while prioritizing the protection of public health, safety, and community well-being through the regulation of the sale and use of cannabis and cannabinoid derived products, including low-potency hemp businesses within Otter Tail County. This ordinance aims to ensure that regulations governing cannabis mitigate potential health risks, prevent youth access, enhance public safety, and encourage responsible retailing practices. Applies to all individuals, businesses, and entities involved in the sale, distribution, cultivation, possession, and consumption of cannabis and cannabinoid-derived products within Otter Tail County, excluding cities or townships that have enacted their own ordinances governing these activities. Minnesota Chapter 342 Cannabis Minnesota Chapter 145A Local Public Health Act Minn. Stat. §151 .72 Sale of Certain Cannabinoid Products The Board of Commissioners of Otter Tail County, Minnesota, hereby ordains: SECTION 100: GENERAL PROVISIONS 100.10 PURPOSE, INTENT AND STATUTORY AUTHORITY The purpose of this ordinance is to regulate the sale and use of cannabis and cannabis derived products, including lower-potency hemp edibles, within Otter Tail County by implementing the provisions of Minnesota Statutes, Chapter 342 to protect the public health, safety, welfare of Otter Tail County residents by regulating cannabis businesses within the legal boundaries of Otter Tail County. Otter Tail County has the authority to adopt this ordinance pursuant to: Page 14 A. Minn. Stat. §§145A.04 and 145A.05 regarding the general authority for the regulation of actual and potential threats to public health. Administration B. 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; C. Minn. Stat. §342.22, regarding the local registration and enforcement requirements of state- licensed cannabis retail businesses and lower-potency hemp edible retail businesses; and D. Minn. Stat. §§144.417, Subd. 4(a) and 152.0263, Subd. 5, regarding the use of cannabis in public places. 100.15 JURISDICTION This ordinance applies to all individuals, businesses, and entities involved in the sale, distribution, cultivation, possession, and consumption of cannabis and cannabinoid-derived products within Otter Tail County, excluding cities or townships that have enacted their own ordinances governing these activities. 100.20 SEVERABILITY AND SAVINGS CLAUSE If any section, clause, provision, or portion of this ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 100.30 ENFORCEMENT The Otter Tail County Administrator and designated staff are 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. SECTION 150: DEFINITIONS Unless otherwise noticed in this section, words and phrases contained in Minn. Stat. §342.01 and the rules promulgated pursuant to any of these acts shall have the same meanings in this ordinance. 1. Cannabis Business: A cannabis business means any of the following licensed under chapter 342: a. Cannabis microbusiness; b. Cannabis mezzobusiness; C. Cannabis cultivator; d. Cannabis manufacturer; e. Cannabis retailer; f. Cannabis wholesaler; g. Cannabis transporter; h. Cannabis testing facility; Page 15 Administration i. Cannabis event organizer; j. Cannabis delivery system; and k. Medical cannabis combination business. 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 location(s) of a mezzobusiness with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and 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. Edible Cannabis Product: Any product that is intended to be eaten or consumed as a beverage by humans; contains a cannabinoid other than artificially derived cannabinoid in combination with food ingredients; is not a drug; and is a type of product approved for sale by OCM, or is substantially similar to a product approved by the office including but not limited to products that resemble nonalcohol beverages, candy, and baked goods. Edible cannabis product does not include lower- potency hemp edibles. 6. 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. 7. Lower-Potency Hemp Edible: a. A product that: Page 16 i. Is intended to be eaten or consumed as a beverage by humans; ii. Contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; iii. Is not a drug; iv. Does not contain a cannabinoid derived from cannabis plants or cannabis flower; v. Is a type of product approved for sale by OCM or is substantially similar to a product approved by OCM, including but not limited to products that resemble nonalcoholic beverages, candy, and baked goods; and vi. Meets either of the requirements as set forth below in paragraph b. b. A lower-potency hemp edible includes: i. A product that: Administration 1. Consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol; no more than 25 milligrams of cannabidiol, cannabigerol, cannabinol, or cannabichromene; any other cannabinoid authorized by OCM; or any combination of those cannabinoids that does not exceed the identified amounts; 2. Does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; and 3. Does not contain artificially derived cannabinoid other than delta- 9tetrahydrocannabinol, except that a product may include artificially derived cannabinoids created during the process of creating the delta-9 tetrahydrocannabinol and the ratio of delta-I tetrahydrocannabinol to all other artificially derived cannabinoids is no less than 20 to one; or ii. A product that: 1. Contains hemp concentrate processed or refined without increasing the percentage of targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp plant or hemp plant parts beyond the variability generally recognized for the method used for processing or refining or by an amount needed to reduce the total THC in the hemp concentrate; and 2. Consists of servings that contain no more than five milligrams of total THC. 8. Lower-Potency Hemp Edible Retailer: A business with a license or endorsement to sell lower- potency hemp edible products to the public from the Office of Cannabis Management. 9. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to as "OCM" in this ordinance. 10. 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. 11. Preliminary License Approval: OCM pre-approval for a cannabis license for applicants who qualify under Minn. Stat. §342.17. 12. Public Place: A public park, 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. For purposes of this ordinance, public place includes designated outdoor areas where establishments may allow smoking and vape use. 13. Residential Treatment Facility: As defined pursuant to Minn. Stat. §245.462, Subd. 23. 14. Retail Registration: An approved registration issued by Otter Tail County to a state-licensed cannabis retail business. Pagel? Administration 15. 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.04. 16. State License: An approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business. SECTION 200: REGISTRATION OF CANNABIS RETAIL BUSINESSES OR CANNABIS RETAIL ENDORSEMENT AND LOW-POTENCY RETAIL BUSINESSES 200.10REGISTERING OF CANNABIS BUSINESSES AND LOWER-POTENCY HEMP EDIBLE RETAIL BUSINESSES A. No individual or entity may operate a state-licensed cannabis retail business, retail endorsement or lower-potency hemp edible business within Otter Tail County without first registering with Otter Tail County. B. Otter Tail County only accepts an application for an individual or entity from the OCM for retail registration. C. An individual or entity that has a retail registration in Otter Tail County must be in compliance with all applicable provisions of Chapter 342. D. Any state-licensed cannabis retail or lower-potency hemp edible business that sells to a customer or patient without valid retail registration shall incur a civil penalty of up to $2,000 for each violation. 200.15 COMPLIANCE CHECKS PRIOR TO RETAIL REGISTRATION A. Prior to issuance of a cannabis or lower-potency hemp edible retail registration, Otter Tail County may conduct a preliminary compliance check to ensure compliance with local ordinances. B. Pursuant to Minn. Stat. §342.13, within 30 days of receiving a copy of a state license application from OCM, Otter Tail County Administration or its designee shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local ordinances and, if applicable, whether the proposed business complies with the state fire code and building code. 200.20 REGISTRATION AND APPLICATION PROCEDURES An applicant will submit an application to the OCM and after it has received preliminary approval, the application will be forwarded to Otter Tail County to ensure it meets the retail registration requirements. A. Fees Page 18 1. Otter Tail County shall not charge an application fee. 2. A registration fee, as established in Otter Tail County's Fee Schedule, shall be charged to applicants depending on the type of retail business license applied for. 3. An initial registration fee shall 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 shall include the initial retail registration fee and the first annual renewal fee. Administration 4. Any renewal retail registration fee imposed by Otter Tail County shall be charged at the time of the second renewal and each subsequent renewal thereafter. A renewal registration will occur simultaneously with the state renewal through OCM. 5. A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal state license fee under Minn. Stat. §342.11, whichever is less. 6. 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 retail registration fee, defined under this section, of the adult-use retail businesses. 7. No registration will be issued under this ordinance unti l the appropriate registration fees are paid in full. B. Application Submittal Otter Tail County shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. §342.22. 1. An applicant for a retail registration shall fill out an application form, as provided by the Otter Tail County Administration or its designee. The form may include: a. Full name of the property owner and applicant; b. Address, email address, and telephone number of the applicant; c. The address and parcel ID number for the property which the retail registration is sought; and d. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. §342.13; and e. Other information as determined necessary to register a retail or retail endorsed cannabis business. 2. The applicant shall include with the form : a. The registration fee as required in Section 200.20(A); and b. A copy of a valid state license or written notice of OCM license preapproval. 3. Once an application is considered complete, Otter Tail County Administration or its designee shall inform the applicant as such, process the application fees, and present the application to the Board of Commissioners for approval or denial. 4. The registration fee shall be non-refundable once processed. C. Application Approval Page 19 Administration 1. A state-licensed cannabis retail business application may not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 200.H. 2. A state-licensed cannabis retail business or lower-potency hemp edible business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. 3. A state-licensed cannabis retail business application that meets the requirements of this ordinance shall be approved so long as approving does not exceed the maximum number of allowable cannabis retail businesses. 4. A state-licensed cannabis retail business or retail endorsement business application or lower- potency hemp edible business application shall not be approved if the property taxes and assessments are not current at the retail location. D. Location Change A state-licensed cannabis retail or retail endorsement business or lower-potency hemp edible business shall be required to submit a new application for registration under this section if it seeks to move to a new location still within the legal boundaries of Otter Tail County. E. Renewal of Registration 1. Otter Tail County shall renew an annual registration of a state-licensed cannabis retail or retail endorsement business or lower-potency hemp edible business at the same time OCM renews the cannabis retail business' license. 2. A state-licensed cannabis retail or retail endorsement business or lower-potency hemp edible business shall apply to renew registration on a form established by Otter Tail County. 3. A cannabis retail or retail endorsement registration or lower-potency hemp edible business registration issued under this ordinance shall not be transferred. 4. A renewal of registration shall comply with this ordinance. F. Suspension of Registration 1. Otter Tail County may suspend a cannabis retail business's registration if it violates the ordinance of Otter Tail County or poses an immediate threat to the health or safety of the public. Otter Tail County shall immediately notify the cannabis retail business in writing the grounds for suspension. 2. If a cannabis retail business registration is suspended, Otter Tail County shall immediately notify the OCM in writing of the grounds for the suspension. OCM will provide Otter Tail County and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. Page I 10 Administration 3. 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. Otter Tail County may reinstate a registration if it determines that the violations have been resolved. 5. Otter Tail County shall reinstate a registration if OCM determines that the violations have been resolved. G. Civil Penalties Subject to Minn. Stat. §342.22, Subd. 5(e), Otter Tail County may impose a civil penalty as specified in the county's Fee Schedule, for registration violations, not to exceed $2,000. H. Limiting Registrations and Selection Process If Otter Tail County has one active cannabis retail business or cannabis retail endorsement registration for every 12,500 residents, Otter Tail County shall not be required to register additional state-licensed cannabis retail businesses. Applications will be processed and considered on a first-come, first-served basis, which date will be used if retail registrations are limited. SECTION 300: REQUIREMENTS FOR CANNABIS RETAIL AND RETAIL ENDORSEMENT BUSINESS 300.0SAGE A. A cannabis business may not permit an individual under 21 years of age to enter the business premises other than entry by a person enrolled in the registry program. B. A cannabis business may not sell or give cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products to an individual under 21 years of age unless the individual is enrolled in the registry program and the cannabis business holds a medical cannabis retail endorsement. 300.10 MINIMUM BUFFER REQUIREMENTS A. Otter Tail County prohibits the operation of a cannabis business within 1,000 feet of any educational institution or public or private elementary, middle junior high, high school or college. B. Otter Tail County prohibits the operation of a cannabis business within 500 feet of a daycare. C. Otter Tail County prohibits the operation of a cannabis business within 500 feet of a residential treatment facility, group home for developmentally disabled, halfway house or correctional facility. D. Otter Tail County prohibits the operation of a cannabis business within 500 feet of an attraction within a public state, county or city park that is regularly used by minors, including a playground, lake public access, or athletic field. Page 111 Administration E. Otter Tail County prohibits the operation of a cannabis business within 500 feet of another cannabis business. F. All cannabis businesses licensed by OCM to operate in Otter Tail County are subject to the minimum buffer requirements. A cannabis business that is not a retailer or does not have a retail endorsement will not have to follow registration requirements of this ordinance but will need to be certified that minimum buffer requirements are met in the license application provided by the OCM. 300.15 GENERAL STANDARDS A. A cannabis business licensed to cultivate, manufacture, wholesale, and retail sale are subject to the general requirements of Minn. Stat. §§342.23 -342.27, including but not limited to the following: 1. Maintain ventilation and filtration systems to meet the requirements for odor control in accordance with Minn. Stat. §342.24, Subd. 4. 2. Maintain and follow a security plan in accordance with Minn. Stat. §342.24, Subd. 6. 3. Solid Waste: A plan to destroy all cannabis plant material and cannabis byproduct to render it unusable. Waste material must be stored in a secure location. B. A cannabis business licensed to cultivate, manufacture, wholesale, and retail sale and a business licensed to sell lower-potency hemp edibles must follow all applicable federal, state, city, and township ordinances, including zoning and planning requirements. 300.20 HOURS OF OPERATION -RETAIL SALE Cannabis businesses are limited to retail sale of cannabis, flower products, lower-potency hemp edibles or hemp-derived consumer products between the hours of 10:00 a.m. and 9:00 p.m., seven days a week. 300.25 ADVERTISING Outdoor advertising is prohibited with the exception that cannabis businesses are permitted to erect up to two fixed signs on the exterior of the building or property of the business. Advertising must be compliant with Minn. Stat. §342.64. 300.30 EMPLOYEES A. The license holder of a retail or retail endorsement business must comply with Minn. Stat. §342.151 when hiring individuals, including submitting the individual to a state and national criminal history check through the Bureau of Criminal Apprehension. B. A cannabis retail or retail endorsement business may not employ an individual under 21 years of age and may not contract with an individual under 21 years of age if the individual's scope of work involves the handling of cannabis plants, cannabis flower, artificially derived cannabinoids, or cannabinoid products. SECTION 400: REQUIREMENTS FOR LOWER-POTENCY HEMP EDIBLE RETAIL BUSINESSES 400.10 SALE OF LOWER-POTENCY HEMP EDIBLES Page 112 Administration A. A retail lower-potency hemp edible business must have obtained a license or retail endorsement from the Office of Cannabis Management. B. The sale of lower-potency hemp edible products is permitted, subject to the conditions within this Section. A lower-potency hemp edible retail business must be registered with the County as set forth in Section 200 to sell lower-potency hemp edible products. C. No registration will be issued under this ordinance until the appropriate registration fees are paid in full, established and amended pursuant to Minn. Stat. §342.22, Subd. 2. 400.30 ADDITIONAL STANDARDS A. The sale of Low-Potency Edibles is permitted only in places that admit persons 21 years of age and older. B. Sales within a Municipal Liquor Store: The sale of lower-potency hemp edible products is permitted in a Municipal Liquor Store. C. Age Requirements for sale of lower-potency hemp edible products: 1. A lower-potency hemp edible business may only sell lower-potency hemp edibles to individuals who are at least 21 years of age. 2. Prior to initiating a sale, an employee of the lower-potency hemp edible business must verify that the customer is at least 21 years of age. D. Lower-potency hemp edible beverages can be sold for on-site consumption only at brew pubs, hotels, and restaurants as defined in Minn. Stat. §340A.101, so long as the business is registered with the County. SECTION 500: ANNUAL COMPLIANCE CHECKS A. Law enforcement or other authorized county officials shall complete at a minimum one compliance check per calendar year of every cannabis retail business, cannabis retail endorsement business, and lower-potency hemp edible product retail business to assess if the business meets age verification requirements as required under Minn. Stat. §§342.22, Subd. 4(b) and 342.24. B. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement or an employee of the local unit of government. C. Any failures to comply with this section must be reported to the OCM. D. Penalties and Procedures: Any cannabis retail business, cannabis retail endorsement business, and lower-potency hemp edible product retail business is subject to civil penalties if non-compliant. Page 113 Administration 1. Administrative Penalties: If a registrant or employee of a registrant violations provisions of this Ordinance, the registrant shall be charged an administrative penalty under Minn. Stat. §461.2, Subd. 2. 2. Citation: Upon discover of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. The person may either admit to the violation by paying the administrative fee or may requesting a hearing. 3. Hearing Procedure: If a person accused of violating this Ordinance requests a hearing to the County Administrator, a hearing shall be scheduled before the Otter Tail County Board of Commissioners and shall be open to the public. a. Notice: A person accused of violating the Ordinance shall be given notice of the hearing. The notice shall include a statement of the time, place and nature of the hearing, and a reference to the section of the Ordinance involved. b. Conduct of the Hearing: The accused may be represented by counsel. The County shall present evidence. All testimony shall be sworn under oath. All parties shall have full opportunity to respond and present evidence, cross-examine witnesses and present argument. c. Burden of Proof: The County shall have the burden of proving a violation of the Ordinance by a preponderance of evidence, and all findings of fact, conclusions and decision by the County Board shall be based on evidence presented and matters officially noticed. d. Evidence: All evidence which possesses probative value, including hearsay, may be admitted if it is the type of evidence which prudent persons are accustomed to relying in the conduct of their serious affairs. Evidence that is incompetent, irrelevant, immaterial, or unduly repetitious may be excluded. The hearing shall be confined to matters raised in the written notice of the warning. 4. Decision: Following the hearing, the County Board shall make written findings, and if a violation is found to have occurred, shall impose the administrative penalties outlined in this Ordinance. A copy of the Findings and Order shall be provided to the person accused. 5. Appeals: Appeals of any decision made by the County Board shall be filed in the District Court. E. Defense: It shall be an affirmative defense to the violation of this Ordinance for a person to have reasonably relied on proof of age as described by state law. SECTION 600: TEMPORARY CANNABIS EVENTS 600.10 REGISTRATION REQUIRED FOR TEMPORARY CANNABIS EVENTS A. Prior to holding a cannabis event within Otter Tail County, the event must have a cannabis event organizer license to organize a cannabis event lasting no more than four days. The cannabis event organizer license must be issued by OCM and the cannabis event must also be registered with Otter Tail County. Page 114 Administration B. A cannabis event is allowed within Otter Tail County provided all provisions of Minn. Stat. §342.40 are followed in addition to requirements under this ordinance. C. Cannabis event sales can include products as authorized and amended under Minn. Stat. §342.40, Subd. 7. D. Registration Required: A registration is required to be issued and approved by Otter Tail County prior to holding a Temporary Cannabis Event. E. Registration and Application Procedure: A registration fee, as established in Otter Tail County's Fee Schedule, shall be charged to applicants for Temporary Cannabis Events. F. A cannabis event registration may be denied if there are public health, safety or welfare concerns. 600.15 TEMPORARY CANNABIS EVENT STANDARDS A. A temporary cannabis event is limited to individuals that are at least 21 years of age. B. The cannabis event must meet the minimum buffering requirements in Section 300.10. C. The cannabis event cannot be held on public property and can only be held within the hours of 10:00 am and 9:00 pm on each day. D. The cannabis event cannot exceed four-days, and the registration may be revoked at any time if deemed not to conform with statutory requirements. E. Only cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail endorsement, cannabis retailers, medical cannabis combination businesses operating a retail location, and lower-potency hemp edible retailers, including the cannabis event organizer, may be authorized to sell cannabis plants, adult-use cannabis flower, adult-use cannabis products, lower- potency hemp edibles, and hemp-derived consumer products to customers at a cannabis event and must follow all provisions of Minn. Stat. §342.40, including that all sales must take place in retail area as designated in the premises diagram. F. A cannabis event may designate an area for consumption of adult-use flower, adult-use cannabis products, lower-potency hemp edibles, hemp-derived products, or any combination of those items provided that the event and area of consumption is restricted to individuals at least 21 years of age. G. A cannabis event is prohibited from allowing or designating an area for cannabis flower, cannabis products, or hemp-derived consumer products used in a manner that involves inhalation of smoke aerosol, or vaping of products. 600.20 APPLICATION SUBMITTAL AND REVIEW E. An applicant for a retail registration shall fill out an application form, as provided by the County. The form shall include: 1. Full name of the property owner and applicant; 2. Address, email address, and telephone number of the applicant; Page 115 Administration 3. Identified retail area as designated within the premises diagram; and 4. Dates (not to exceed four days) and hours (not to be outside of 10:00 am -9:00 pm on each day) of the event. B. The applicant shall include with the form: 1. The registration fee as required in Section 200. 2. A copy of the OCM cannabis event license application, submitted pursuant to Minn. Stat. §342.39, Subd. 2. 3. The application shall be submitted to Otter Tail Count Administration, or other designee for review. If the county determines that a submitted application is incomplete, they shall return the application to the applicant with notice of deficiencies. C. Once the application is considered complete, the designee shall inform the applicant as such, process the application fees, and present the application to Board of Commissioners for approval or denial. D. The application fee shall be non-refundable once processed. E. The application for a permit for a Temporary Cannabis Event shall meet standards as set forth in Section 300. SECTION 700: USE IN PUBLIC PLACES 710.00 PROHIBITED ACTS No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products in a public place, or a place of public accommodation unless the premises is an establishment or an event licensed to permit on-site consumption of adult-use. This prohibition extends to any method of use including the smoking or vaping of cannabis or hemp-derived products. 720.00 EXCEPTIONS TO PUBLIC PLACE OR PLACE OF PUBLIC ACCOMMODATION A public place or place of public accommodation does not include the following: A. A private residence, including the individual's curtilage or yard; B. A private property, not generally accessible by the public, unless the individual is explicitly prohibited from consuming cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products on the property by the owner of the property; or C. On the premises of an establishment or event licensed to permit on-site consumption. SECTION 800: ADOPTION/EFFECTIVE DATE The regulations contained in this Ordinance shall become effective upon the passage by the County Board and publication according to law. Page 116 Administration ADOPTED by the Otter Tail County Board of Commissioners on March 25, 2025, with an effective date of April 1, 2025. Attest' Jx \ Colu\.Cvv.J,L... Nicole Hansen, Clerk Page 117 Administration ORDINANCE TO REGULATE CANNABIS AND LOWER-POTENCY HEMP BUSINESSES RESOLUTION TO ADOPT ORDINANCE OTTER TAIL COUNTY RESOLUTION NO. 2025-31 WHEREAS, in accordance with Minnesota Chapter 342, the County of Otter Tail, State of Minnesota, drafted a county ordinance regulating the sale, distribution, cultivation, possession, and consumption of cannabis and cannabinoid-derived products; and WHEREAS, Minnesota Statute Section 145A.05 allows a county board to adopt ordinances for all or part of its jurisdiction to regulate actual or potential threats to public health; and WHEREAS, the provisions of Minnesota Statute Section 375.51 to promulgate a county ordinance have been followed; and WHEREAS, the Otter Tail County Board of Commissioners finds the consideration of this cannabis ordinance essential and necessary to safeguard public health, safety, and community well-being through responsible regulation of cannabis businesses, of retail or retail operations endorsement of cannabis microbusiness, cannabis mezzobusiness, cannabis retailer, medical cannabis combination business, or lower-potency hemp edible retailer within Otter Tail County; and WHEREAS, the Otter Tail County Board of Commissioners understands and acknowledges the risks of addiction, cannabis potency concerns, potential for accidents and poisonings, inherent risks for underage use and exposure, and unknown long-term health impacts due to the recreational use of cannabis; and WHEREAS, Otter Tail County provided proper public notice of this proposed cannabis ordinance and held a public hearing for said ordinance on November 20, 2024, which was open for public and written comment. NOW, THEREFORE, BE IT RESOLVED THAT, Otter Tail County by resolution hereby adopts and approves the newly established Otter Tail County Cannabis Ordinance effective April 1, 2025. The motion for the adoption of the foregoing resolution was introduced by Commissioner Mortenson, duly seconded by Commissioner Lahman and, after discussion thereof and upon vote being taken thereon, passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Dan Bucholz X Wayne Johnson X Kurt Mortenson X Bob Lahman X Sean Sullivan X Page 118 Administration Adopted at Fergus Falls, MN, this 25th day of March 2025. OTTER TAIL COUNTY BOARD OF COMMISSIONERS STATE OF MINNESOTA ) ) COUNTY OF OTTER TAIL ) Dated: March 25, 2025 Attest: Sh ~ [1 k,/J0.,,/41'= Nicole Hansen, Clerk I, Nicole Hansen, the County Administrator, do hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by Otter Tail County at a duly authorized meeting therefore held on the 25th day of March 2025. Nicole Hansen, Clerk Page 119 Administration AFFIDAVIT OF OTTER TAIL COUNTY, MN NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT AN €1 9.fflJUJIU ORDINANCE TO REGULATE CANNABIS AND , -LOWER-POTENCY HEMP BUSINESSES ~ ••• NOTICE IS HEREBY GIVEN pursuant to the provisions of MiMesote Statutes 375.51 SUIKlvlsion 2, that the Oller Tail County Board of Commissioners intends to adopt the 'Ordinance to Regulate Cannabis and Lower-Potency Hemp Busi- nesses.• The proposed ordinance wlll be considered at a meeting of the Otier Tail Coul1y Boerd of Commissioners, in the Commissioners' Room at the Oller Tail County Gowmment Services Center, al 515 West Fir Ave, Ferp Falls, Mlnnesola, oo Weaiesday, November 20, 2024, at 6:00 p.m. The meeting wi0 also be avallable for viewing via L.Westream. The purpose of the proposed ordinance Is to support the legal cannabis market while plioritizing the protection of public health, safety, and community well-being through the regulation of the sale and use ol cannabis and cannablnoid derived products, Including lower-potency hemp businesses within Oller Tail County. This ordinance alms to ensure that regulations governing cannabis mitigate potential health risks, pravent youth access, enhance publlc salety, and encourage respon- sible retailng prac1lces. Cople6 of the proposed "Ordinance to Regulate CeMabis and Lower-Potency Hemp Businesses' are available on the Otter Tail County website at hllps://ollertailcount y.gov/projecl/cannabis-ordinance/ and at the Otter Tail County Administration office, localed at 520 W Fir Ave, Fergus Falls, MN 56537. Questions regarding this matter may be referred to Nicole Hansen, Col.Illy Admin- istrator, at 218-998-8070 or nhansen@ottertailcounty.gov. All interested persons ere inviled to attend the Public Hearing In person. wrttten correspondence is en- couragad and must be submitted to the Co111ty Administrator's office, 520 West Fr Ave, Fergus Falls, MN 56537 no later than 4:30 p.m. on Wednesday, Noverri>er 13, 2024 or by emaililY;I Board Secretary Hannah And81S011 at handerson@ottertail- county.gov. tflCOle Hansen Administrator, Oller Tail County (Published November 6, 2024} PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) Ed Pawlenty, being first duly sworn, on oath states as follows: 1. I am the publisher of The Battle Lake Review and Ashby-Dalton Post or the publisher's designated agent. I have persona! knowledge of the facts stated in this Affidavit, which is made pursuant to Minnesota Statutes §331A.07. 2. The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law including those requirement found in Minnesota Statutes §331A.02. 3. The dates of the month and the year and day of the week upon which the public notice attached/copied left. was pub8shed in the :w are as follows: &! l, t9t:J. WednesdayJf 1:f(} ..1 - for _____ / __ dil4i!ii!sslve-waeia/ 4. The publisher's lowest classified rate paid by, commercial users for comparable space, as determined pursuant to §331 A.06, is as follows: 10.5 point Times text ... $7.65 per column Inch 8 point Helvetica text ... $11.00 per column Inch Bordered legal text ... $11.00 per column Inch 5. Mortgage Foreclosure Notices (effective 7/1/15). Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located In Otter Tall County and Grant County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located In a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is In the latter county. Further your affiant saith nol ~ (Signature) Daily JourJJ.al media AFFIDAVIT OF PUBLICATION State of Pennsylvania, County of Lancaster, ss: Enrique Diaz, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Fergus Falls Daily Journal, a newspaper printed and published in the City of Fergus Falls, County of Otter Tail, State of Minnesota, and that this affidavit is Page 1 of 2 with the full text of the sworn-to notice set forth on the pages that follow, and the hereto attached. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed advertisment which is attached was cut from the columns of said newspaper, and was printed and published on PUBLICATION DATES: Nov. 6, 2024 NOTICE ID: cu0rqk69oEncfqYjN8vU PUBLISHER ID: FFD000383 NOTICE NAME: Notice of Public Hearing-Cannabis Ordinance Publication Fee: 195.58 and printed below is a copy of the lower case alphabet from A to z, both inclusive, which is hereby a notice: abcdefghijklmnopqrstuvwxyz €11rique DitAZ. (Signed,,_1 ______ ---;:::=======-----------~ VERIFICATION State of Pennsylvania County of Lancaster Commonwealth of Pennsylvania -Notary Seal Nicole Burkholder. Notary Public Lancaster County My commission expires March 30, 2027 Commission Number 1342120 Subscribed in my presence and sworn to before me on this: 11/07/202 ~ B~ Notary Public Notarized remotely online using communication technology via Pro f. See Proof on Next Page Notice of Public Hearing-Cannabis Ordinance -Page 1 of 2 (First Publication Date: November 6, 2024) OTTER TAIL COUNTY, MN NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT AN ORDINANCE TO REGULATE CANNABIS AND LOWER-PO- TENCY HEMP BUSINESSES NOTICE IS HEREBY GIVEN pursuant to the provisions of Min- nesota Statutes 375.51 Subdivision 2, that the Otter Tail County Board of Commissioners intends to adopt the "Ordinance to Reg- ulate Cannabis and Lower-Potency Hemp Businesses.· The pro- posed ordinance will be considered at a meeting of the Otter Tail County Board of Commissioners, in the Commissioners' Room at the Otter Tail County Government Services Center, at 515 West Fir Ave, Fergus Falls, Minnesota, on Wednesday, November 20, 2024, at 6:00 p.m. The meeting will also be available for viewing via livesfream. The purpose of the proposed ordinance is to support the legal cannabis market while prioritizing the protection of public health, safety, and community well-being through the regulation of the sale and use of cannabis and cannabinoid derived products, in- cluding lower-potency hemp businesses within Otter Tail County. T his ordinance aims to ensure that regulations governing canna- bis mitigate potential health risks, prevent youth access, enhance public safety, and encourage responsible retailing practices. Copies of the proposed "Ordinance to Regulate Cannabis and Lower-Potency Hemp Businesses" are available on the Otter Tail County website at https:1/ottertailcounty.gov/project/cannabis-or- dinance/ and at the Otter Tail County Administration office, located at 520 W Fir Ave, Fergus Falls, MN 56537. Questions regarding this matter may be referred to Nicole Han- sen, County Administrator, at 218-99~70 or nhansen@ot- tertailcounty.gov. All interested persons are invited to attend the Public Hearing in person. Written correspondence is encouraged and must be submitted to the County Administrator's office, 520 West Fir Ave, Fergus Falls, MN 56537 no later than 4:30 p.m. on Wednesday; November 13, 2024, or by emailing Board Secretary Hannah Anderson at handerson@ottertailcounty.gov. Nicole Hansen Administrator, Otter Tail County Pub~cation Dates: November 6, 2024 Notice of Public Hearing-Cannabis Ordinance -Page 2 of 2 STATE OF MINNESOTA) ) ss. COUNTY OF BECKER ) AFFIDAVIT OF PUBLICATION [FORM Rev. 6/15] Chad Koenen, being first duly sworn, on oath states as follows: 1. I am the publisher of the Frazee-Vergas Forum, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit, which is made pursuant to Minnesota Statutes §331A.07. 2. The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statutes §331A.02. 3. The dates of the month and the year and day of the week upon which the public notice attached/copied below was published in the newspaper are as follows: Tuesday, November 5, 2024 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to § 331A.06, is as follows: $1.47 per line. 5. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Otter Tail County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. FURTHER YOUR AFFIANT SAITH NOT. ANDREW GARY ECKHOFF NOTARY PU8UC-MINNESOTA My Comm. Exp. Jan. 31 2029 Subscri~ and sworn to before me on this~dayof 1~ ~C.S::. ~£1/ Notary Public {Sign~ OTTER TAIL COUNTY, MN within Otter Tail County. This ordi· NOTICE OF PUBLIC HEARING nance aims to ensure that regula· AND INTENT TO ADOPT AN OR-tions governing cannabis mitigate DINANCE TO REGULATE CAN-potential health risks, prevent NABIS AND LOWER-POTENCY youth access, enhance public HEMP BUSINESSES safety, and encourage responsible STATE OF MINNESOTA) ) ss. COUNTY OF BECKER ) NOTICE IS HEREBY GIVEN retailing practices. AFFIDAVIT o pursuant to the provisions of Min-Coples of the proposed "Ordi-nesota Statutes 375.51 Subdlvl-nance to Regulate Cannabis and [FORM slon 2, that the Otter Tail County lower-Potency Hemp Business- Board of Commissioners intends es" are available on the Otter Tail to adopt the "Ordinance to Regu-County website at https://ottertail- late Cannabis and Lower-Potency county.gov/projecUcannabis-ordi- Hemp Businesses.· The proposed nance/ and at the Otter Tail County ordinance will be considered at a Administration office, located at r meeting of the Otter Tail County 520 W Fir Ave, Fergus FaRs, MN tlBoard of Commissioners, In the 5f!~J. .... . _. --·· -· I Commissioners' Room at the Ot-Questions regarding this matter ter Tail County Government Ser-may be referred to Nicole Hansen, vices Center, at 515 West Fir County Administrator, at 218-99~- Chad Koenen being first duly sworn on oath ~·Ave, Fergus NFalls, Mibenn2eosota20' 2o4n 8gOov1_0Aor11 ·m"htearnesestedn@peottrsoertansilcoarue~1n: , , Wednesday, ovem r , , at 6:00 p.m. The meeting will vited to attend the Public Hearing . also be available for viewing via in person. Written correspondence 1. I am the publisher of the Frazee-Vergas For Livestream. is encouraged and must be sub- knowledge of the facts stated in this Affidavit which is The purpose of the proposed mitted to the County Adminis1ra-, ordinance is to support the legal tor's office, 520 West Fir Ave, Fer- cannabis market while pric;>ritiz• gus Falls, MN 56537 no later than 2. The newspaper has complied with all of thE ing the protection of publiclhel ballth, 4be:3r013p •. m20· 204n_woredbyneesdma~,Y1·1'ngN~~eamrd •. -safety, and community we • .e ng cu under Minnesota law, including those ,requirements fc through the regulation of the·sale Secretary Hannah Anderson at • and use of cannabis and canna-handerson@ottertailcounty.gov. 3. The dates of the month and the year and d attached/copied below was published in the newspa~ binoid derived products, including Nicole Hansen lower-potency hemp businesses Administrator, Otter TaH County Published November 5, 2024 Tuesday, November 5, 2024 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to§ 331A.06, is as follows: $1.47 per line. 5. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Otter Tail County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. FURTHER YOUR AFFIANT SAITH NOT. Subscri_~ and sworn to before me on this'?:i.!_dayof,~ t.P;.C . ~f~ Notary Public [Sign ~ STATE OF MINNESOTA) ) ss. COUNTY OF OTTER TAIL) AFFIDAVIT OF PUBLICATION [FORM Rev. 6/15) Chad Koenen, being first duly sworn, on oath states as follows: 1. I am the publisher of the Citizen's Advocate, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit, which is made pursuant to Minnesota Statutes §331A.07. 2. The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statutes §331A.02. 3. The dates of the month and the year and day of the week upon which the public notice attached/copied below was published in the newspaper are as follows: Tuesday, November 5, 2024 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to§ 331A.06, is as follows: $10.10 per column inch. s: Pursuant to Minnesota Statutes §580.033 relatin·g to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Otter Tail County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. FURTHER YOUR AFFIANT SAITH NOT. ANDREW GARV ECKHOFF NOTARY PUBLIC-MINNESOTA My Comm. Exp. Jan. 31 2029 Subs~~~d and sworn to before me on this !::r_lfay of b ry t&7Z.C . ~~d/4/ STATE OF MINNESOTA) ) ss. COUNTY OF OTTER TAIL) AFFIDAVIT I [FOR!v, Chad Koenen, being first duly sworn, on oath 1. I am the publisher of the Citizen's Advocat, knowledge of the facts stated in this Affidavit, which i: 2. The newspaper has complied with all of th, under Minnesota law, including those requirements fc 3. The dates of the month and the year and d attached/copied below was published in the newspap. Tuesday, No OTTER TAIL COUNTY, MN NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT AN ORDINANCE TO REGULATE CANNABIS AND LOWER-POTENCY HEMP BUSINESSES NOTICE IS HEREBY GIVEN pursuant to the provisions of Minne- sota Statutes 375.51 Subdivision 2, that the Otter Tail County Board of Commissioners intends to adopt the "Ordinance to Regulate Canna- bis and Lower-Potency Hemp Businesses." The proposed ordinance will be considered at a meeting of the Otter Tail County Board of Com- missioners, in the Commissioners' Room at the Otter Tall County Gov- ernment Services Center, at 515 West Fir Ave, Fergus Falls, Minne- sota, on Wednesday, November 20, 2024, at6:00 p.m. The meeting wiR also be available for viewing via Livestream. • The purpose of the proposed ordinance is to support the legal can· nabis market while prioritizing the protection of public health, safety, and community well-being through the regulation of the sale and use of cannabis and cannabinoid derived products, including lower-poten- cy hemp businesses within Otter Tail County. This ordinance alms to ensure that regulations governing cannabis mitigate potential heaHh risks, prevent youth access, enhance public safety, and encourage responsible retailing practices. Copies of the proposed "Ordinance to Regulate Cannabis and Low- er-Potency Hemp Businesses" are available on the Otter Tail County website at htlps://ottertailcounty.gov/project/cannabis-ordinan°';!/ and at the Otter Tall County Administration office, located at 520 W·F1r Ave, Fergus Falls, MN 56_537. . . Questions regarding this matter may be referred to Nicole ~ansen, County Administrator, at 218-998-~070 or nhansen@o~ertaIl~nty- gov. All interested persons are invited to attend the Public Hearing m person. Written correspondence is encouraged and must be submit- ted to the County Administrator's office, 520 West Fir Ave, Fergus Falls, MN 56537 no later than 4:30 p.m. on Wednesday,·November 13, 2024, or by emailing Board Secretary Hannah Anderson at hand- erson@ottertailcounty.gov. Nicole Hansen Administrator, Otter Tail County Published November 5, 2024 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to§ 331A.06, is as follows: $10.10 per column inch. 5: Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Otter Tail County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. FURTHER YOUR AFFIANT SAITH NOT. - G= .. ANDREW GARV ECKHOFF NOTARY PU8UC ·MINNESOTA My Comm. Exp. Jan. 31 2029 : Subs~~i}},Fd and sworn to before me on this l:r_lJay of fe ~ t o-z.c . ~/4111' STATE OF MINNESOTA) ) ss. COUNTY OF OTTER TAIL) AFFIDAVIT OF PUBLICATION [FORM Rev. 6/15] Chad Koenen, being first duly sworn, on oath states as follows: 1. I am the publisher of the New York Mills-Dispatch, or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit, which is made pursuant to Minnesota Statutes §331A.07. 2. The newspaper has complied with all of the requirements to constitute a qualified newspaper under Minnesota law, including those requirements found in Minnesota Statutes §331A.02. 3. The dates of the month and the year and day of the week upon which the public notice attached/copied below was published in the newspaper are ciS follows: Wednesday, November 6, 2024 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to§ 331A.06, is as follows: $10.10 per column inch. 5. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Otter Tail County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. FURTHER YOUR AFFIANT SAITH NOT. Subscriq_ed and s~rn to before me on this t 'i'clay of ¼-v-67 2 8~ ~~ Notary Public ' STATE OF MINNESOTA) ) ss. COUNTY OF OTTER TAIL) AFFIDAVITO [FORM Chad Koenen, being first duly sworn, on oath 5 1. I am the publisher of the New York Mills Di! personal knowledge of the facts stated in this Affidavit §331A.07. 2. The newspaper has complied with all of the under Minnesota law, including those requirements fo 3. The dates of the month and the year and da attached/copied below was published in the newspape Wednesday, N, 4. The publisher's lowest classified rate p~id b• OTTER TAIL COUNTY, MN NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT AN ORDINANCE TO REGULATE CANNABIS AND LOWER-POTENCY HEMP BUSINESSES NOTICE IS HEREBY.GIVEN pursuant to the provisions of Minne- sota Statutes 375.51 Subdivision 2, that the Otter Tail County Board of Commissioners intends to adopt the "Ordinance to Regulate Canna- bis and Lower-Potency Hemp Businesses.• The proposed ordinance will be considered at a meeting of the Otter Tail County Board of Com- missioners, in the Commissioners' Room at the Otter Tall County Gov- ernment Services Center, at 515 West Fir Ave, Fergus Falls, Minne- sota, on Wednesday, November 20, 2024, at 6:00 p.m. The meeting will also be available for viewing via Livestream. The purpose of the proposed ordinance is to support the legal can- nabis market while prioritizing the protection of public health, safety, and community well-being through the regulation of 1he sale and use of cannabis and cannabinoid derived products, including lower-poten- cy hemp businesses within Otter Tall County. This ordinance alms to ensure that regulations governing cannabis mitigate potential health risks, prevent youth access, enhance public safety, and encourage responsible retailing practices. Copies of the proposed "Ordinance to Regulate Cannabis and Low- er-Potency Hemp Businesses" are available on the Otter Tail County website at https://ottertailcounty.gov/project/cannabis-ordinance/ and at the Otter Tail County Administration office, located at 520 W Fir Ave, Fergus Falls, MN 56537. Questions regarding this matter may be referred to Nicole Hansen, County Administrator, at 218-998-8070 or nhansen@ottertailcounty. gov. All interested persons are invited to attend the Public Hearing In person. Written correspondence is encouraged and must be submit- ted to the County Administrator's office, 520 West Fir Ave, Fergus Falls, MN 56537 no later than 4:30 p.m. on Wednesday, November 13, 2024, or by emailing Board Secretary Hannah Anderson at hand• erson@ottertailcounty.gov. Nicole Hansen Administrator, Otter Tan County Published November 5, 2024 determined pursuant to § 331A.06, is as follows: $10.10 per column inch. 5. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Otter Tail County. The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. FURTHER YOUR AFFIANT SAITH NOT. ANDREW GARY ECKHOFF NOTARY PUBLIC-MINNESOTA My Comm. Exp. Jan. 31 ,2029 Subscriq_ed and s~rn to before me on this i 't<iay of lNr~&:J 2 t>t.,,J, ~d!./f Notary Public \ Affidavit of Publication STATE OF MINNESOTA ) )SS COUNTY OF OTTER TAIL ) Jeff Meyer, being duly sworn, on oath says that he is the publisher or authorized agent and em- ployee of the publisher of the newspaper known as Pelican Rapids Press, and has full knowledge of the facts which are stated below: (A) the newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.07 and other applicable laws, as amended. which is attached was cut from the columns of said newspaper, and was printed and published once each week, for \ successive weeks; it was first published on Thursday, ·the 7 day of llil->~ 2024, and was thereafter printed and published on every Thursday to and including Thursday, the 7 day of Nitamrec. 2024, and printed below is a copy of the lower case alphabet from A to Z, ·both inclusive, which is hereby acknowl- edged as being the size and kind of type in the com- position and publication of the notice: abcdetghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz Publisher ------ Subscribed and sworn to before-me on this cJ day of ~b{r2024. I (~Ult:-:- = Notary Public OTTERTAIL COUNTY.MN NOTICE OF PUBLIC HEARING AND INTENT TOADOPTAN ORDINANCE TO REGULATE CANNABIS AND LOWER-POTENCY HEMP BUSINES_SES NOTICE IS HEREBY GIVEN, pursuant to the provisions of Min- nesota Statutes 375.51 Subdivi- sion 2, that the Otter Tail County Board of Commissioners intends to adopt the "Ordinance to Regu- late Cannabis and Lower.Potency Hemp Businesses.• The pro- posed ordinance wtll be consid- ered at a meeting of the Otter Tall County Board of Commissioners, in the Commissioners' Room at the Otter Tail County Government Services Canter, at 515 West Fir Ave, Fergus Falls, Minnesota, on Wednesday, November 20, 2024, at 6:00 p.m. The meeting wlR also be avaUable for viewing v1a Uvestream. . The purpose of the proposed ordinance is to support the legal canll$bls market while prioritizing the protection of public health, safety, and community well-being through the regulation of the sale and use of cannabis and cannabl- nold derived products, Including lower-potency hemp businesses within Otter Tail County. This ordi- nance alms to ensure that regula- tions governing cannabis mitigate potential health risks, prevent Youth access, enhance public safety, and encourage responsi- ble retalHng practices. Copies of the proposed "Ordi- nance to Regulate Cannabis and Lower-Potency Hemp Busi- nesses· are available on the Otter Tail County website at https://ot- tertallcounty.gov/project/cannabis -ordinance/ and at the Otter Tall County Administration office, lo- cated at 520 W Fir Ave, Fergus Fails, MN 56537. Questions regarding this mat- ter may be referred to Nicole Hansen, County Adminlstrator, at 218-998-8070 or nhansen@otter- tailcounty.gov. All Interested per- sons are invited to attend the Public Hearing in pefSOn. Written correspondence Is encouraged and must be submitted to the County Administrator's office, 520 West Fir Ave, Fergus Falls, MN 56537 no later than 4:30 p.m. on Wednesday, November 13, 2024, or by emailing Board Secretary Hannah Anderson at hander- son@ottertailcounty.gov. Nicole Hansen Administrator, Otter Tall County 11-07-c Forum Communications Company MN Affidavit No. 1V5FugZeEmyKo36Sn7gt AFFIDAVIT OF PUBLICATION State of Pennsylvania, County of Lancaster, ss: Hannah Ward, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC and duly authorized agent of the Perham Focus, a newspaper printed and published in the City of Perham, County of Otter Trail, State of Minnesota. 1. I have personal knowledge of the facts stated in this Affidavit, which is made pursuant to Minnesota Statutes §331A.07. 2. The newspaper has complied with all of the requirements to constitute a quailified newspaper under Minnesota law, including those requirements found in Minnesota Statutes §331A.02. 3. The dates of the month and the year and the day of the week upon which the public notice attached/copied below was published in the newspaper are as follows: Thursday, November 7, 2024 4. The publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to §331.A06, is as follows: $15.00 per column inch. 5. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in OTTER TRAIL County. The newspaper complies with conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the n_ewspaper's circulation is in the latter county. (Signed) ~ 1J/ oJuL VERIFICATION State of Pennsylvania County of Lancaster Commonwealth of Pennsylvania -Notary Seal Nicole Burkholder, Notary Public Lancaster County My commission expires March 30, 2027 Commission Number 1342120 Subscribed in my presence and sworn to before me on this: 11/07/2024 ~ B~ Notarv Public Notarized remotely online using communication technology via Proof. See Proof on Next Page Notice of Public Hearing -Cannabis Ordinance -Page 1 of 2 OTTER TAIL COUNTY, MN NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT AN ORDI-NANCE TO REGULATE CANNABIS AND LOWER-POTENCY HEMP BUSINESSES NOTICE IS HEREBY GIVEN pursuant to the provisions of Minnesota Stal• utes 375.51 Subdivision 2, that thll Otter Tail County Board of Commissioners intends to adopt thll "Ordinance to Regulate Cannabis and Lower-Potency Hemp Businesses." The proposed ordinance will be considered at a meet- ing of the Otter Tail County Board of Commissioners, in thll Commissioners' Room at thll Otter Tan County Government Services Center, at 515 West Rr Ave, Fergus Faffs, Miflnesota, on Wednesday, November 20, 2024, at 6:00 p.m. The meeting will also be available for viewing via Uvestream. The purpose of the proposed ordinance is to support the legal cannabis mar-ket while prioritizing thll protection of public health, safety, and community well-being through the regulation of the sale and us;i of cannabis and can- nabinold derived products, including lower-potency hemp businesses within Otter Tail County. This ordinance aims to ensure that regulations governing cannabis mitigate potential health risks, prevent youth access, enhance put,; lie safety, and encourage responsible retailing practices. Copies of the proposed "Ordinance to Regulate Cannabis and Lower-Po- tency Hemp Businesses• are available on the Otter Tail County website at https://ottertailcounty.gov/project/cannabis-ordinance/ and at ttie Otter Tail County Administration office, located at 520 W Rr Ave, Fergus Falls, MN 56531. Questions regarding this matter may be referred to Nicole Hansen, Countv Administrator, at 218·998-8070 or nhans;in@ottertailcounty.gov. All interesf- ed persons are invited to attend the Public Hearing in person. Written corre-spondence is encouraged and must be submitted to the County Administra- tor's office, 520 West Fir Ave, Fergus Falls, MN 56537 no later than 4:30 p.m. on Wednesday, November 13, 2024, or by emailing Board Secretary Hannah Anderson at handerson@ottertailcounty.gov. Nicole Hansen Administrator, Otter Tail County (Nov. 7, 2024) Notice of Public Hearing -Cannabis Ordinance -Page 2 of 2 Affidavit of Publication STATE OF MINNESOTA ) ss COUNTY OF OTTER TAIL ) Jacquelyn A. Wehking being duly sworn on an oath, states or affirms that she is the Publisher's Designated Agent of the newspaper(s) known as: The Parkers Prairie Independent with the known office of issue being located in the county of: OTTERTAIL with a substantial portion of the circulation in the county of: OTTERTAIL and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute §331A.02, §331A.07. (B) This Public Notice was printed and published in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 11/07/2024 and the last insertion being on 11/07/2024. \ \ \ Subscribed and sworn to or affirmed before me on 11/07/2024. q r I / ~ Notary Public OTTER TAIL COUNTY, MN NOTICE OF PUBLIC HEARING AND INTENT TO ADOPT AN ORDINANCE TO REGULATE CANNABIS AND LOWER-POTENCY HEMP BUSINESSES NOTICE IS HEREBY GIVEN pursuant to the provisions of Minnesota Statutes 375.51 Sulxfivision 2, that the Otter Tall County Board of Commissioners Intends to adopt the "Ordinance to Regulate Cannabis and Lower-Potency Hemp Business- es." The proposed ordinance win be considered at a meeting of the Otter Tail coun- ty Board of Commissioners, in the Commissioners· Room at the Otter Tail county Government Services Center, at 515 West Fir Ave, Fergus Falls, Minnesota, on Wednesday, November 20, 2024, at 6:00 p.m. The meeting will also be available for Viewing via Uvestream. The purpose of the proposed ordinance is to support the legal cannabis mali<et while prioritizing the protection of public health, safety, and community well-being through the regulation of the sale and use of cannabis and cannabinold derived products, including lower-potency hemp businesses within Otter Tail county. This ordinance aims to ensure that regulations governing cannabis mitigate potential health risks, prevent youth access, enhance pubric safety. and encourage respon- sible retailing practices. Copies of the proposed "Ordinance 10 Regula1e CannabiS and L..ower-Polency Hemp Businesses• are available on the Otter Tail County website at https://ottertall- county.gov/project/cannabiS-ordinance/ and at the Otter Tail County Administration office, located at 520 W Fir Ave, Fergus Falls, MN 56537. Questions regarding this matter may be referred to Nicole Hansen, County Adminis- trator, at 218-998-8070 or nhansen@ottertailcounty.gov. All interested persons are Invited lo attend the Public Hearing in person. Written correspondence is encour- aged and must be submitted to the County Administrator's office, 520 West Fir Ave, Fergus Falls, MN 56537 no later than 4:30 p.m. on Wednesday, November 13, 2024, or by emailing Board Secretary Hannah Anderson at handerson@ottertail- county.gov. Nicole Hansen Administrator, Oller Tall County 42c abcdefghijklmnopQrstuvwxyz -7 pt. --·-