City of Ely legals 4/8/23
Council Minutes - March 21, 2023
Regular Meeting Ely City Council – City Hall, Council Chambers
CALL TO ORDER
The regular meeting of the Ely City Council was called to order by Mayor Omerza at 5:30pm in the Council Chambers.
PRESENT: Council members A.Forsman, Debeltz, Callen, Campbell, Bisbee, and Mayor Omerza
ABSENT: Council member Kess
APPROVAL OF MINUTES:
Debeltz/Campbell moved to approve minutes from the March 7, 2023 Regular Council Meeting. Motion Carried 6-0-1 with Kess Absent.
ADDITIONS OR OMISSIONS TO AGENDA:
A. Additions 6.B. Approve Council and Staff to attend the 32nd Annual Celebrate Ely Banquet put on by the Chamber of Commerce on April 13, 2023 at the Grand Ely Lodge
B. Omit 9.E.i. Purchase Agreement for East Spaulding First Addition Lot 7, Block 1 to David Streif and Michelle Beltrand
C. Additions 10.A Ely Chamber of Commerce Annual Meeting – Wednesday, April 5, 2023 at 5:30pm at Grand Ely Lodge.
D. Additions 10.B. Athens – Feature Film to be filmed in Ely
A.Forsman/Callen moved to approve the Additions and Omissions A-D. Motion Carried 6-0-1 with Kess Absent.
MAYOR’S REPORT:
Proclamation for Disney’s Frozen: A Broadway Musical –
Mayor Omerza indicated that Billie Rouse came to one of our first council meeting of the year, and talked to us about the Disney’s Frozen: A Broadway Musical and how Ely was one of the 50 communities in the United States to have Frozen be performed in Ely High School. We have a couple students here and an American Sign Language Interpreter here for the Proclamation for Disney’s Frozen: A Broadway Musical to proclaim that this be The Year of Frozen here in Ely.
Mayor Omerza indicated that there has been a film scouting crew in Ely, more details will be following. Some of us have been working with them to see if Ely is the right fit to film their film, more information to come on this.
Moment of Silence was had for John Braun a City of Ely Employee who worked for the City for 20 years, he is greatly missed.
CONSENT AGENDA:
A. Motion to waive readings in entirety of all ordinances and resolutions on tonight’s agenda.
B. Approve Council and Staff to attend the 32nd Annual Celebrate Ely Banquet put on by the Chamber of Commerce on April 13, 2023 at the Grand Ely Lodge
Debeltz/Bisbee moved to approve the consent agenda items A and B. Motion Carried 6-0-1 with Kess Absent.
REQUESTS TO APPEAR: None
COMMITTEE REPORTS:
Standing/Special
Library Board: Minutes included in the Council Packet
Park & Recreation Board
Bisbee/Callen moved to approve the recommendation from Park and Recreation Board to form a three member panel to perform a feasibility analysis for a Multi-use Recreation and Event Facility.
Debeltz asked what it would contain.
Bisbee indicated that as of now we are just looking to do research on the costs for construction costs, operating costs and the feasibility of the project to allow for a year round green space for activities, shows, concerts, etc.
Omerza asked if the members would be from park and recreation board.
Bisbee indicated that the members would be from the Park and Recreation and will be reporting back to Park and Recreation Board in June.
Motion Carried 6-0-1 with Kess Absent.
Projects Committee
Callen/Debeltz moved to approve the recommendation from Projects Committee to proceed with the sale of East Spaulding, Lot Block 2, Lot 15 for $12,000 since the lot is not buildable and will be used for green space, ordinance lists the lot for $15,000.
A.Forsman asked to have a realtor look at the lot to confirm the price.
Langowski indicated that back in 2002 it was listed, but it was realized it was not a buildable due to powerlines and wet lands. Langowski indicated that we will have someone look at it to confirm the price.
Motion Carried 6-0-1 with Kess Absent.
Callen/A.Forsman moved to approve the recommendation from Projects Committee to award the East End Development Project to Low Impact Excavators pending the completion of the environmental review by St. Louis County.
Langowski indicated that we are receiving $75,000 from CDBG from the county for the water main portion. The county is working on the environmental review process with the state on this, and it should be cleared rather quickly. We have also applied to the IRRR for portions of this for the business aspects of this project mainly for Zup’s access and parking lot improvements and Spirit of the Wilderness and Voyageur North water and sewer developments in that area.
Motion Carried 6-0-1 with Kess Absent.
Callen/Campbell moved to approve the recommendation from Projects Committee to approve the request of $4,513,000 to be submitted for (CDS) Congressionally Directed Spending for the Ely Water Supply Improvements Project.
Langowski indicated that we submitted requests through our Congressman Pete Stauber and Senators Tina Smith and Amy Klobuchar and on Friday submitted for the Congressional Appropriation Committee, an additional application for Rural Development Funding. We also submitted this project to the State of Minnesota Department of Health for the Public Facilities Authority to get it on their intended use plan for as early as this fall. A lot of applications have been submitted and hopefully those appropriations continue to be funded, obviously this is a very important project and it would benefit everyone in Ely.
Motion Carried 6-0-1 with Kess Absent.
Airport Commission
Bisbee/Debeltz moved to approve the recommendation from the Airport Commission to approve TKDA to update the Storm Water Pollution Prevention Plan.
Langowski indicated that he confirmed with the Airport Engineer that this will be around $3000.
Motion Carried 6-0-1 with Kess Absent.
Bisbee/Campbell moved to approve the Airport Memorandum of Agreement (MOA) between the United States of America Department of Transportation Federal Aviation Administration and the City of Ely for a 5 year lease on the Radio Equipment at the Airport.
Langowski indicated that this is for FAA equipment on our property.
Motion Carried 6-0-1 with Kess Absent.
Planning & Zoning Commission
Campbell/Callen moved to approve the recommendation from Planning and Zoning to task PZ Admin and Building Official to confirm the number of Short Term Rental units operating within the city and certify that all Short Term Rentals are properly licensed.
Langowski indicated that this is already being done by our Building Official and they are working with the Ely Tourism Bureau also.
Motion Carried 6-0-1 with Kess Absent.
Housing & Redevelopment Authority
Campbell indicated that she would like to commend Director Joe Hiller and his staff, the Ely HRA has earned the designation of High Performer from Standard Performer from the last inspection in 2019. As a high performer our PHA gets perks out of this, we will not see another inspection in 3 years and we could see the increase to our Capital Improvement Subsidy. The score is great, but we have a lot of work to do to improve the housing we have.
Langowski shared information on the Housing Project; he has been working with Campbell and Hiller on a housing project for behind Sibley and Grahek Apartments. We have spoken with Minnesota Housing and Finance, as far as what funds will become available, those funds will not be available until about a year from now. They recommended that we look at our Housing Study and have it updated, we last updated it in 2019 and obviously a lot of things have changed since 2019. They are well aware of the high cost of construction right now, a lot of projects that are being done successfully right now are apartment style building with a little different amenities than we would typically have in our current apartments.
DEPARTMENTAL REPORTS:
Clerk-Treasurer
Langowski indicated that the Outdoor Ice Skating Rink at the Rec Center is closed for the Season, but we had probably one of the longest seasons in a long time. Langowski thanked the Rink Attendants for keeping the ice in great shape this year.
Fire Chief
Fire Department Minutes from January and February
Chief Marshall stated that Safety Officer Zgonc, Captain Callen, and Fire Fighter Josh Ojala, attended the Fire Officer Training School in Duluth. All three of those members took a 12 hour National Fire Academy Course entitled decision making for initial company operations.
Chief Marshall discussed the recent calls for the fire department.
Chief Marshall indicated that they had interviews for the 2nd Assistant Chief position and the recommendation is for Ryan Callen.
Debeltz/A.Forsman moved to accept the recommendation for Ryan Callen to be the next 2nd Assistant Chief for the Ely Fire Department.
A.Forsman stated that he is proud of Captain Callen and would like to see him progress.
Motion Carried 6-0-1-1 with Kess Absent and Callen Abstaining.
Chief Marshall indicated that they will post for the Captain position, which is an existing position and will bring the recommendation forward to the council.
Library Director
Library Director Heinrich discussed the current programming at the Library which can be found on the Library website.
Police Chief
City Attorney
OMITTED Purchase Agreement for East Spaulding First Addition Lot 7, Block 1 to David Streif and Michelle Beltrand
Debeltz/A.Forsman moved to approve the Mortgage Satisfaction for Timmothy Leeson and Jessica Leeson Document No. 01320084 recorded on October 17, 2017 for their Storefront Rehab Loan. Motion Carried 6-0-1 with Kess Absent.
Ordinance 367 An Ordinance of the City of Ely, Minnesota, Adding to the Ely City Code, Chapter 6, Section 6.40, Entitled Edible Cannabinoid Product Dealers.
CBD Ad Hoc Meeting Minutes
Article on Cannabinoids in Ely
Attorney Klun indicated that the council tasked an Ad Hoc group to review these proposed ordinances. We reviewed three separate ordinances: A) Off Sale Exclusive – Sales could only be in a store that only sells CBD/THC Products, B) Off Sale Only – Sales could be from a business in town and then take the product and consume off site, and C) Off and On Sale – sales could be off sale and on sale at restaurants, where you could consume on site. The committee determined that Off Sale Exclusive was too restrictive especially in light of current sales throughout the community. The committee supports the Off Sale Only Ordinance in light of where the products are currently being sold in gas stations and grocery stores. The On and Off Sale Ordinance brought a lot of discussion in the committee. The committee is aware of existing restaurants requesting to sell on sale CBD beverages; the committee is supportive of this request so long as the establishment meets the requirements of a “restaurant,” similar to Sunday liquor sale laws.
Attorney Klun indicated that the committee has proposed the On and Off Sale Ordinance for the Council’s Review.
Bisbee asked in regards to the On Sale is it beverage exclusive or are they allowed to sell gummies or other edibles in the bar/restaurant. Attorney Klun indicated that they could sell gummies as long as they are considered a restaurant. The thought was more towards beverages.
Bisbee asked for the on sale usage to potentially define it as beverage consumption only.
Campbell asked that once the new laws come out regarding marijuana we can update the ordinance. Attorney Klun indicated that yes we can and will; the only thing we are looking at right now is the Cannabinoid products.
Omerza indicated that was one of the challenges as we were looking at this, we are looking at a short portion of this, and we don’t know what is going to come out of the legislature in the near future. We are just looking at the cannabinoids right now.
Bisbee indicated that on sale license requirements are listed in Subd. 2 in the ordinance, but no off sale requirements were listed. Attorney Klun indicated that we can look at that more.
Callen/Debeltz moved to approve the 1st reading of Ordinance of the City of Ely, Minnesota, Adding to the Ely City Code, Chapter 6, Section 6.40, Entitled Edible Cannabinoid Product Dealers.
A.Forsman indicated that it is important to pass this ordinance; we need to get this out there as it is exemplified through the Timberjay article that it is already being sold in locations in Ely. A.Forsman reiterated his concern that he doesn’t feel that on sale is not appropriate. He will vote for this, but will also move to have the on sale removed from this ordinance. A.Forsman indicated he will vote for the 1st reading as it stands, but will not vote in favor of the 2nd reading as it stand unless on sale is taken out.
Debeltz asked if the cannabinoid products can be sold in liquor stores. Attorney Klun indicated that they cannot, liquor stores have strict things they can sell that is listed in the MN State Statutes.
Langowski stated that every existing vendor in the community that is selling it right now, after this ordinance is approved they all have to come and get a license. When they do get the license they will have to meet the requirements and then the police department will be able to inspect the business just like they do for underage liquor sales and tobacco licensing.
Roll Called: Council Members A.Forsman – Yes, Kess- Absent, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried 6-0-1.
A.Forsman moved to remove on sale from ordinance 367 – No support for the motion, the motion failed.
Callen/Debeltz moved to schedule a public hearing for April 4th at 5pm regarding Ordinance 367. Motion Carried 6-0-1 with Kess Absent.
Attorney Klun discussed the fees for the license that the committee recommended. Off sale $100 per year, On Sale $1000 per year, except if combined with an existing on sale liquor license, the cost would be an additional $300 per year for on sale Cannabinoid license.
Bisbee/Debeltz moved to support the fees recommended by the committee as follows: Off sale $100 per year, On Sale $1000 per year, except if combined with an existing on sale liquor license, the cost would be an additional $300 per year for on sale Cannabinoid license. Motion Carried 6-0-1 with Kess Absent.
City Engineer
COMMUNICATIONS: Matter of Information
Ely Chamber of Commerce Annual Meeting – Wednesday, April 5, 2023 at 5:30pm at Grand Ely Lodge.
Athens – Feature Film to be filmed in Ely
CLAIMS FOR PAYMENT:
A. City and EUC claims for March 21, 2023 for $997,007.04
B. Pay Estimate #11 for the WWTF Improvements Project for $272,738.35 to Rice Lake Construction Group
C. Invoice #85930 to AE2S for the WWTF Improvements Project for $29,488.58
D. Invoice #443333 to SEH for the Prospector EAW Project for $2,524.50
E. Invoice #442967 to SEH for the Prospector ATV Phase 2 for $650.00
Debeltz/Callen moved to approve the Claims for Payment items A-E. Motion Carried 6-0-1 with Kess Absent.
OLD BUSINESS:
Committee Seat Applications
Callen/Debeltz moved to approve Mauro Caruso to the Police Commission with Term expiring 1/31/2026. Motion Carried 6-0-1 with Kess Absent.
NEW BUSINESS:
A.Forsman/Callen moved to approve the Request to Appear and Open Forum Policy Forms. Motion Carried 6-0-1 with Kess Absent.
Callen/Bisbee moved to approve Change orders No. 6 and 7 for the Ely WWTF Improvements Project. Motion Carried 6-0-1 with Kess Absent.
Consider the Purchase Agreement for East Spaulding Lot Block 2, Lot 15 for $12,000 to Sheryl and John Swenson – Discussed under projects committee.
Debeltz/Campbell move to direct Attorney Klun to update City Code Sec 20.2.33 Sale of Land Located in the East Spaulding Block 2, Lot 15 purchase price from $15,000 to $12,000. Motion Carried 6-0-1 with Kess Absent.
Callen/Bisbee moved to approve Amendment No 1 to the Agreement for Professional Services between City of Ely and Short Elliott Hendrickson, Inc which was effective October 5, 2021. Motion Carried 6-0-1 with Kess Absent.
Bisbee/Campbell moved to approve Resolution 2023-007 Resolution Authorizing to Execute Minnesota Department of Transportation Grant Agreement for Airport Improvement Excluding Land Acquisition for the AWOS Phase 1 Site Selection Environmental. Roll Called: Council Members A.Forsman – Yes, Kess- Absent, Debeltz – Yes, Callen – Yes, Campbell – Yes, Bisbee – Yes, and Mayor Omerza – Yes. Motion Carried 6-0-1.
OPEN FORUM:
Frederica Musgrave at 30 W Shagawa Rd
Musgrave encouraged more citizenship participation in the committee meetings. Musgrave indicated she would like the City to look over the mission statements on the commissions and post the information on the website. What is the purpose of the committees and is the City looking for someone with specific attributes for the specific committee. Musgrave asked what the process is to apply and are the applicants screened.
Todd Crego gave the rebroadcasting days and times.
Ely City Council – Monday, Friday, and Saturday
Ely Utilities Commission – Sunday and Wednesday
Ely Economic Development Association – Tuesday and Thursday
Channel 11 – 8am and 5:30pm – Unless an otherwise scheduled live meeting
Channel 98 – 9am and 7pm – Unless an otherwise scheduled live meeting
ADJOURN:
Mayor Omerza adjourned the meeting without objection at 6:41pm.
Casey Velcheff
Deputy Clerk
Ely Echo April 8, 2023
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ORDINANCE NO. 367, 2nd Series
AN ORDINANCE OF THE CITY OF ELY, MINNESOTA, ADDING TO THE ELY CITY CODE, CHAPTER 6, SECTION 6.40, ENTITLED EDIBLE CANNABINOID PRODUCTS DEALERS.
THE COUNCIL OF THE CITY OF ELY DOES HEREBY ORDAIN:
SECTION 1. A new Section shall be added to Chapter 6 as Section 6.40, of the Ely City Code to read as follows:
SEC. 6.40. EDIBLE CANNABINOID PRODUCTS DEALERS.
Subd. 1. Defined. “Club” means an incorporated organization organized under the laws of the State for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans’ organization, which: (1) has more than fifty members; (2) has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; (3) is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Such club or congressionally chartered veterans’ organization must have been in existence for at least three years.
“Compliance Checks” means the system the City uses to investigate and ensure that those authorized to sell Edible Cannabinoid Products are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of decoys as authorized by this ordinance. Compliance checks shall also mean the use of decoys who attempt to purchase Edible Cannabinoid Products for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State or local laws and regulations relating to Edible Cannabinoid Products.
“Decoy” means a natural person between the ages of seventeen (17) and twenty (20) who assist law enforcement in compliance checks.
“Edible Cannabinoid Products Dealer” means a person engaging in the business of selling Edible Cannabinoid Products of any kind.
“Edible Cannabinoid Products” means goods which contain a product or substance defined as an “Edible Cannabinoid Product” under Minnesota Statutes § 151.72.
“Employee” means any person having the authority or claiming to have the authority to make sales of an Edible Cannabinoid Product on behalf of an Edible Cannabinoid Products Dealer.
“Hotel” means an establishment where food and lodging are regularly furnished to transients, and which has: (1) a resident proprietor or manager; (2) a dining room serving the general public at tables and having facilities for seating at least thirty guests at one time; and (3) at least ten guest rooms.
“Off-Sale” means the sale of Edible Cannabinoid Products in original packages for consumption off the licensed premises only.
“On-Sale” means the sale of Edible Cannabinoid Products for consumption on the licensed premises only.
“Person” means any natural person, firm, partnership, association, corporation, company, organization, or any other legal or commercial entity of any kind.
“Package” and “Original Package” mean any container or receptacle holding Edible Cannabinoid Products, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
“Restaurant” means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served to tables and to the general public, and having seating capacity for at least thirty guests and not less than sixty percent (60%) of its gross sales attributable to the sale of food.
“Sale”, “Sell” and “Sold” mean all barters and all manners or means of furnishing Edible Cannabinoid Products to persons, including such furnishing in violation or evasion of law.
“Theater” shall mean an establishment a building containing an auditorium in which live movies, dramatic, musical, dance, or literary performances are regularly presented to holders of tickets for those performances and whose capacity for seating is greater than 30 seats.
Subd. 2. License Required. It is unlawful for any person to engage in the business of, or operate as, an edible cannabinoid products dealer without a license from the City.
(A) Off-Sale Edible Cannabinoid Products Dealer License Required. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of Edible Cannabinoid Products off-sale, as part of a commercial transaction, without a license therefor from the City. The City may issue annual off-sale Edible Cannabinoid Products Dealer licenses to an applicant who meets the criteria set forth below.
(B) On-Sale Edible Cannabinoid Products Dealer License Required. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of Edible Cannabinoid Products on-sale, as part of a commercial transaction, without a license therefor from the City. The City may issue annual on-sale Edible Cannabinoid Products Dealer licenses only to the following: (1) hotels; (2) restaurants; (3) bowling centers; (4) clubs or congressionally chartered veterans’ organizations, provided that Edible Cannabinoid Products sales will be made only to members and bona fide guests; and (5) theaters
(C) Application. An application for a license to sell edible cannabinoid products. The application shall contain the full name of the applicant, the applicant’s residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application and proper backgrounding, the City Clerk shall forward the application to the Council for action at its next regularly scheduled Council Meeting. If the Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete.
False Statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application, or any willful omission to state any information called for on such application form shall, upon discovery of such falsehood, work as an automatic refusal of license, or if already issued, shall render any license issued pursuant thereto void and of no effect to protect the applicant from prosecution for violation of this Chapter, or any part thereof.
Application and Investigation Fees. At the time the initial application is made, an applicant for a license under this Chapter shall accompany such application with payment of a fee to be considered an application and investigation fee, not refundable to the applicant, to cover the cost of the City in processing the application and the investigation of the applicant.
(D) Action. The Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the Council shall approve the license, the Clerk shall issue the license to the applicant. If the Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the Council’s decision.
(E) Term. All licenses issued under this ordinance shall be valid for one (1) year, except licenses issued mid-year. For purposes of this ordinance, the license term shall be September 1 to August 31.
(F) Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties Section of this ordinance.
(G) Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the Council.
(H) Moveable Place of Business. No licenses shall be issued to a moveable place of business. Only businesses with a fixed location shall be eligible to be licensed under this ordinance.
(I) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises.
(J) Renewals. The City shall notify the Edible Cannabinoid Products license applicants of their renewal in August of each year.
Subd. 3. Basis for Denial of License.
(A) Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following:
1. The applicant is under the age of 21 years.
2. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to any commerce of licensed products.
3. The applicant has had a license to sell Edible Cannabinoid Products revoked within the preceding twenty four (24) months of the date of application.
4. The applicant fails to provide any information required on the application or provides false or misleading information.
5. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license.
(B) However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license.
(C) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter.
Subd. 4. Issuance as a Privilege and Not a Right. The issuance of an Edible Cannabinoid Product Dealer license under this section to any person shall be considered a privilege and not an absolute right and shall not entitle the person who holds a license to an automatic renewal of such license.
Subd. 5. School And Church Restrictions. No license shall be granted for any building located on a lot immediately adjacent to a lot upon which there is any public school or church structure. For purposes of this Section, a lot located across a street or alley from a public school or church structure is not immediately adjacent. The erection, location, or relocation of a school or church within the prohibited area after the original license application has been granted shall not, in and of itself, cause the existing license to be in violation of this Section, nor shall it render such premises ineligible for renewal of the license.
Subd. 6. Prohibited Sales.
(A) Generally. It shall be a violation of this section for any person to sell or offer to sell any Edible Cannabinoid product:
a. to any person under the age of 21 years.
1. Licensees must verify by means of government-issued photographic identification that the purchaser is at least 21 years of age. That the person appeared to be 30 years of age or older does not constitute a defense to a violation of this subsection.
2. Notice of the legal sales age and age verification requirement must be posted prominently and in plain view at all times at each location where licensed products are offered for sale. The required signage must be posted in a manner that is clearly visible to anyone who is or is considering making a purchase.
3. It shall be a violation of this section for any person under the age of 21 to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person.
b. By means of a vending machine.
c. Containing alcohol, opium, morphine, jimson weed, bella donna, strychnos, or cocaine.
(B) Off-Sale. It shall be a violation of this section for any person to sell or offer to sell any Edible Cannabinoid product for off-premises consumption:
a. By any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee’s employee and whereby there is not a physical exchange of the Edible Cannabinoid Products between the licensee or his or her employee and the customer. All Edible Cannabinoid Products shall either be stored behind a counter or within six feet of an unobstructed view of an attended checkout counter, or in a locked case or other storage unit not left open and accessible to the general public, or
b. In a package or container that is labelled or packaged in a manner inconsistent with Minnesota Statutes § 151.72, or
c. On Sundays, except between the hours of 11:00 a.m. and 6:00 p.m., or before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday, or on Thanksgiving Day, or on Christmas Day (December 25), or after 8:00 p.m. on Christmas Eve (December 24).
(C) On-Sale. It shall be a violation of this section for any person to sell or offer to sell any Edible Cannabinoid product for on-premises consumption:
a. By any means whereby the customer may have access to such items without having to request the item from the licensee or the licensee’s employee and whereby there is not a physical exchange of the Edible Cannabinoid Products between the licensee or his or her employee and the customer, or
b. After 2:00 a.m. By 2:30 a.m., all Edible Cannabinoid Products beverage bottles, cans, glasses or other receptacles in which Edible Cannabinoid Products have been served shall be remove from all tables, counters, or any other locations in the customer areas of the establishment. Further, said establishment shall not permit consumption of Edible Cannabinoid Products by anyone on the premises after 2:30 a.m
Subd. 7. Employees. All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of Edible Cannabinoid Products on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the employee to whatever penalties are appropriate under this ordinance, State or Federal law, or other applicable law or regulation.
(A) Minimum Age. Individuals employed by a person licensed under this ordinance must be at least eighteen (18) years of age to sell Edible Cannabinoid Products.
Subd. 8. Compliance Checks and Inspections. All licensed premises shall be open to inspection by the City Police or other authorized city official during regular business hours.
(A) Use of Decoys. From time-to-time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, decoys who are seventeen (17) years old but less than twenty-one (21) years old, to enter the licensed premises to attempt to purchase Edible Cannabinoid Products when such items are obtained as a part of the compliance check. No decoy used in compliance checks shall be supervised by City designated law enforcement officers or other designated City personnel. Decoys used for compliance checks shall not be guilty of unlawful possession of Edible Cannabinoid Products when such items are obtained as a part of the compliance check. No decoy used in compliance checks shall attempt to use a false identification misrepresenting the minor’s age, and all minors lawfully engaged in a compliance check shall answer all questions about the decoy’s age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law.
Right to Inspect Licensed Premises. At any time, any police officer who has reason to suspect that the licensee, their agent or employee, is preparing to sell, in the act of selling, or recently concluded a sale of Edible Cannabinoid Products outside of business hours as defined by this section, has a right to inspect the premises. It is unlawful for any licensee, or agent or employee of a licensee, to hinder or prevent a police officer from making an inspection. All licensees, or agents or employees of a licensee within the licensed premises or on the surrounding property owned or leased by the licensee, as a condition to being issued the license, consent to the inspection by such officers and without a warrant for searches and seizures.
Subd. 9. Open Package Prohibition
(A) Public Consumption. It is a violation of this ordinance for a person to drink or consume Edible Cannabinoid Products on public property, including in city parks and in a motor vehicle when the vehicle is upon a street or highway.
Subd. 10. Violations.
(A) Notice. Upon discovery 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.
(B) Hearings. If a person accused of violating this ordinance so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator.
(C) Hearing Officer. A designee of the Ely City Council shall be appointed as the Hearing Officer.
(D) Decision. If the Hearing Officer determines that a violation of this ordinance did occur, that decision, along with the Hearing Officer’s reasons for finding a violation and the penalty to be imposed under Subdivision 9 of this ordinance, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the Hearing Officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
(E) Appeals. Appeals of any decision made by the Hearing Officer shall be filed in the District Court for the City in which the alleged violation occurred.
Subd. 11. Penalties.
(A) Licensees..
a. Fines. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine according to the following schedule:
First violation $300
Second violation within a twenty-four (24) month period $500
Third violation within a twenty-four (24) month period $1,000
Fourth violation within a twenty-four (24) month period $2,000
b. Suspension or Revocation. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be liable for a suspension or revocation of their license issued under this ordinance, in accordance with the following schedule:
First Violation 3 days
Second Violation within a twenty-four (24) month period 6 days
Third Violation within a twenty-four (24) month period 12 days
Fourth Violation within a twenty -four (24) month period Revocation of License
Fourth Violation within a twen
The Council reserves the right to revoke the license of a licensee who or whose employee has violated this ordinance by committing a felony or other grave violation on their premises or in the course of their business.
Any Council action concerning suspension or revocation shall occur as soon as practicable following the adjudication of a criminal violation in State or Federal Criminal Courts. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing in accordance with this chapter.
(B) Employees. Any employee of an Edible Cannabinoid Products Dealer found to be in violation of this ordinance shall be charged an administrative fee of $500.
(C) Misdemeanor. Nothing in this Subdivision shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance.
Subd. 12. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing of Edible Cannabinoid Products to a minor a part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person or have reasonably relied on proof of age as described by State law.
Subd. 13. Severability and Savings Clause. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability of any other section or provision of this ordinance.
SECTION 2. Effective Date: Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective 30 days after final adoption and publication.
First Reading: March 21, 2023 Second Reading: April 4, 2023
Adopted this 4th day of April, 2023.
Heidi Omerza - Mayor Harold R Langowski – Clerk/Treasurer
Publication Date: March 25, 2023 & April 8, 2023 Public Hearing: April 4, 2023
Newspaper: Ely Echo
Ely Echo April 8, 2023
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SPECIAL COUNCIL MEETING
The Ely City Council will hold a Special Council Meeting, at the Winton Community Center, on Thursday, April 13th 2023 at 4:00pm for the Joint Powers Ambulance Meeting.
Harold R Langowski
City Clerk/Treasurer
Ely Echo
April 8th 2023
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SUMMER LABORERS NEEDED
The City of Ely is looking for part-time summer general laborer to work from May – Early September. Applicant’s must be at least 16 years of age and have a valid driver’s license.
If interested, please pick up an employment application at the Clerk-Treasurer’s Office, 209 E Chapman Street, Ely, MN 5573 or online at www.ely.mn.us. Applications will be accepted until May 5, 2021 by 4:30pm. Questions, please call 218-235-3083.
Harold R Langowski
Clerk/Treasurer
Ely Echo
April 8, 2023
April 15, 2023
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PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the City of Ely will hold a Public Hearing on April 18, 2023 at 5:15pm at Ely City Hall, Council Chambers at 209 E Chapman St, Ely, Minnesota to hear public comment regarding, Ordinance 368, regarding Sale of Land Located in the East Spaulding Lot.
All interested parties may submit communication to the Clerk’s Office, 209 E Chapman St, Ely, MN, 55731, 218-365-3224 Ext 1, deputyclerk@ely.mn.us, or in person at the public hearing.
Ely Echo
April 8, 2023
April 15, 2023
