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Home My WebLink AboutFebruary 20, 2024F "n,, Shakopee City Council February 20, 2024 7:00 PM City Hall, 485 Gorman St. Vision: Shakopee is a place where people want to be! A distinctive river town, with a multitude of business, cultural and recreational opportunities in a safe, welcoming and attractive environment for residents and visitors. Mission: Our mission is to deliver high quality services essential to maintaining a safe and sustainable community. We commit to doing this cost-effectively, with integrity and transparency. Key strategies: 1. Financial stability 2. Enhancing community strengths 3. Effective public services 4. Communication Mayor Matt Lehman presiding 1. Ro11 Ca11 2. Pledge of Allegiance 3. Special Presentation - Officer of the Year 4. Approval of Agenda 5. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) A. Administration *5. A.1. *City Council Minutes *5. A.2. *Monthly Financial Review - January 2024 *5. A.3. *SMSC Trust Application Response *5. A.4. *Approve a THC License for JNS Liquors dba Southbridge Liquor *5. A.5. *THC License for Shakopee 1997 LLC. dba Cub Liquor *5. A.6. *Denial and Findings of Fact for THC Licenses *5. A.7. *Approve On -Site Premise Permit - Shakopee Trap Club *5. A.8. *Minnesota Department of Human Services' Age -Friendly Minnesota Grant Page 1 of 680 Expansion Award *5. A.9. *Agreement with RJM regarding status as CMA of SandVenture *5. A.10 *Appointments to Boards and Commissions B. Engineering *5. B.1. *2024 Ash Tree Removal - Change Order C. Planning and Development *5. C.1. *Purchase of a "Boat" Jumping Feature for SandVenture *5. C.2. *Contract with Kraus Anderson for CMA Services for SandVenture *5. C.3. *Contract with Confluence for Schroeder House and Livery Renovation and Site Design *5. C.4. *Contract with Loeffler as Construction Manager as Agent for Schroeder House and Livery *5. C.S. *Purchase of Umbrellas from Landscape Structures for Boardwalk at SandVenture D. Police *5. D.1. *Surplus Property 6. RECOGNITION OF INVOLVED RESIDENTS BY CITY COUNCIL- Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 7. Business removed from consent will be discussed at this time 8. General Business A. Administration 8. A.1. Citygate Fire Department Service Evaluation Report 9. Reports 9.A. City Bill List 9.B. Liaison and Administration 10. Other Business 11. Closed Session to discuss Labor Negotiations according to MN Statutes 13D.03, subd. (b) Page 2 of 680 11.A.Closed session to discuss union negotiations 12. Administration 12.APublic Works Union Contract 13. Adjournment to Tuesday, March 6, 2024 at 7:00 pm Page 3 of 680 *5.A.1. Shakopee City Council February 20, 2024 FROM: Lori J. Hensen, City Clerk TO: Mayor and Council Members Subject: City Council minutes from February 6, 2024. Policy/Action Requested: Approve the minutes of February 6, 2024. Recommendation: Approve the minutes of February 6, 2024. Discussion: Budget Impact: ATTACHMENTS: o February 6, 2024 Page 4 of 680 Shakopee City Council Minutes February 6, 2024 7:00 PM City Hall, 485 Gorman St. Mayor Matt Lehman presiding 1. Roll Call Present: Mayor Matt Lehman, Council Members Jay Whiting, Angelica Contreras, Jim DuLaney, Jesse Lara Staff Present: City Administrator Bill Reynolds, Assistant City Administrator Chelsea Petersen, City Attorney Jim Thomson, City Engineer Alex Jordan, Finance Director Nate Reinhardt, City Clerk Lori Hensen, Planning/Development Director Michael Kerski, Public Works Director Bill Egan, IT Director Andy Hutson, Aquatics Supervisor Katelyn Meyer, Community Engagement Coordinator Alex Anderson 2. Pledge of Allegiance 3. Approval of Agenda Reynolds removed item 9.C.1. from the agenda to be brought back at the next meeting. He was also removing 4.A.4 and 4.A.6. from consent. Council Member Jay Whiting made a motion to approve the modified agenda, second by Council Member Angelica Contreras and the motion passed. 5-0 4. Consent Business - (All items listed in this section are anticipated to be routine. After a discussion by the Mayor there will be an opportunity for members of the Council to remove any items from the consent agenda for individual discussion. Those items removed will be considered following the Public hearing portion of the agenda. Items remaining on the Consent Agenda will not be discussed and will be approved in one motion.) Council Member Angelica Contreras made a motion to approve the modified consent agenda, second by Council Member Jim DuLaney and the motion passed. 5-0 A. Administration *4. A.1. *City Council Minutes Page 5 of 680 Approve the minutes of January 16, 2024. *4. A.2. *Microsoft Enterprise License Agreement Approve the renewal of a 3-year Microsoft Enterprise Agreement through Insight for an amount of $87,647.75/year plus any additional licenses needed for additional employees as necessary over the life of the agreement. *4. A.3. *Change City Council Meeting Dates Adopt Resolution R2024-016, changing the March 5, August 6 and November 5, 2024, meeting dates to March 6, August 7 and November 6, 2024. *4. A.4. *THC License for Top Star Market LLC. Council Member Jesse Lara made a motion to direct staff to prepare a resolution of denial for consideration at the next meeting, second by Council Member Angelica Contreras and the motion passed. 5-0 *4. A.5. *Approve a Special Event and Temporary Liquor License for the Shakopee Chamber & Visitors Bureau Approve the Special Event and Temporary Liquor License, and suspend city code 114.11 to allow consumption on city streets for the Shakopee Chamber and Visitors Bureau for the Shakopee BrewHall Bock Party Event being held on March 23, 2024. *4. A.6. *THC License for Nicollet Tobacco LLC. Council Member Angelica Contreras made a motion to direct staff to prepare a resolution of denial for THC License for Nicollet Tobacco LLC, second by Council Member Jay Whiting and the motion passed. 5-0 *4. A.7. *Approve a Tobacco License for Shahin Property Management LLC. dba Shakopee Outlet Plus Approve a tobacco license for Shahin Property Management LLC. dba Shakopee Outlet Plus, located at 1148 Vierling Drive East. *4. A.8. *Appointment of a New Director of Parks and Recreation Appointment of Kelsi McNutt as the Director of Parks and Recreation. *4. A.9. *Approve an On -Sale and Sunday Liquor Licenses for Global Restaurant Group dba Dangerfield's Restaurant Approve on -sale and Sunday liquor licenses for Global Restaurant Group dba Dangerfield's Restaurant, located at 1583 1st Avenue East. Page 2 of 680 *4. A.10.*Scott County Public Health's Statewide Health Improvement Partnership Grant Award Adopt Resolution R2024-019, accepting Scott County Public Health's Statewide Health Improvement Partnership (SHIP) grant award and authorize the City Administrator to execute the necessary contracts and agreements applicable to accepting this award. B. Engineering *4. B.1. *Eagle Creek Boulevard and Vierling Drive Roundabout - Contract Award Adopt Resolution R2024-017 accepting bids and awarding a contract in the amount of $2,041,249.43 to S.M. Hentges & Sons, Inc., and approve a Professional Services Agreement with SRF Consulting Group, Inc. for construction services for the Eagle Creek Boulevard and Vierling Drive Roundabout Project, CIF-23-014. *4. B.2. *Professional Service Agreement with AE2S for L16 Levee Rehab Authorize the execution of a Professional Services Agreement in the amount of $19,594 with AE2S to perform Final Design and Construction Services for the Lift Station #16 Levee Repair Project, Sewer-24-003. *4. B.3. *Approve Plans and Authorize Bidding for the 2024 Bituminous Pavement Rehabilitation Projects Adopt Resolution R2024-018, approving plans and specifications and ordering advertisement for bids for the 2024 Bituminous Pavement Rehabilitation Projects CIF-24-011, CIF-24-012, CIF-24-013, PA-24-01, PA-24-03 and BA-24-005. C. Parks and Recreation *4. C.1. *Acceptance of Donations and Sponsorship Funds Approve Resolution R2024-020, accepting Donation and Sponsorship Funds for Recreation Programs. D. Planning and Development *4. D.1. *Contract with WSB for Design of Valleycrest Trail Connection Approve contract with WSB for $35,838 for design of the Valleycrest Trail project. D.2. *Award of Contract for Block for SandVenture to Old Castle Authorize execution of a purchase order in the amount of $209,133 with Old Castle. E. Public Works *4. E.1. *Vehicle and Equipment Purchases Page 3 of 680 Approve the purchase of six mobile lifts from Midwest Lift Works, in the total amount of $95,153.22: one wheel loader from Titan Machinery in the total amount of $221,209.00. 5. RECOGNITION OF INVOLVED RESIDENTS BY CITY COUNCIL - Provides an opportunity for the public to address the Council on items which are not on the agenda. Comments should not be more than five minutes in length. The Mayor may adjust that time limit based upon the number of persons seeking to comment. This comment period may not be used to make personal attacks, to air personality grievances, to make political endorsements or for political campaign purposes. Council Members will not enter into a dialogue with citizens, and questions from Council will be for clarification only. This period will not be used to problem solve issues or to react to the comments made, but rather for informational purposes only. 6. Business removed from consent will be discussed at this time See items 4.A.4. and 4.A.6. 7. Recess for Economic Development Authority Meeting Council Member Jesse Lara made a motion to recess to the EDA, second by Council Member Jim DuLaney and the motion passed. 5-0 8. Reconvene 9. General Business A. Administration 9. A.1. Monthly Financial Review - December 2023 Information Only B. Parks and Recreation 9. B.1. Monetary Donation for Aquatic Programming Council Member Jay Whiting made a motion to approve Resolution R2024-015 accepting monetary donation of $1500.00 from Sue Westegaard, second by Council Member Angelica Contreras and the motion passed. 5-0 C. Police Page 8 of 680 9. C.1. 2023 Police Department Annual Report Removed from the agenda 10. Reports 10.A. City Bill List Informational only 10.B. Liaison and Administration 11. Other Business 12. Adjournment to Tuesday, February 20, 2024, at 7 p.m. Council Member Jay Whiting made a motion to adjourn to Tuesday, February 20, 2024, at 7:00 pm, second by Council Member Jim DuLaney and the motion passed. 5-0 Page 9 of 680 *5.A.2. Shakopee City Council February 20, 2024 FROM: Nate Reinhardt, Finance Director TO: Mayor and Council Members Subject: Monthly Financial Review - January 2024 Policy/Action Requested: Review of January 2024 General Fund revenues and expenditures, and Community Center, Ice Arena and SandVenture year -over -year comparison. Recommendation: Information only Discussion: General Fund - January 2024 (see attachment) This early in the year, the timing of one of two large receipts or payments tend to skew the variances. Revenue variances (8% target) • Intergovernmental is currently tracking ahead of budget targets as a result of the city receiving a partial municipal state aid allocation for street maintenance of $312k. in January. Expenditure variances (8% target) • All departmental expenditures are within the normal range and similar to last year's percentage through January. Community Center/Ice Arena/SandVenture - January 2024 (see attachment) Similar to the analysis of the City's General Fund, reviewing revenue and expenditures early in the year can be easily skewed depending upon what type of transactions did or did not occur. At this point in the year variances for SandVenture, Ice Arena and Community Page 10 of 680 Center are minimal. Budget Impact: ATTACHMENTS: o January 2024 Monthly Financial Report January 2024 Recreation Facilities Year -to -Year Comparison Page 11 of 680 CITY OF SHAKOPEE Monthly Financial Report YTD January January YTD Budget January YTD 2024 2024 2024 Balance Percent 2023 Budget Actual Actual Remaining Used Actual 01000 - GENERAL FUND REVENUES: * - TAXES 22,569,800 0 0 22,569,800 0% 0 * - SPECIAL ASSESSMENTS 14,000 0 0 14,000 0% 0 * - LICENSES AND PERMITS 3,491,450 313,925 313,925 3,177,525 9% 233,494 * - INTERGOVERNMENTAL 1,679,000 311,805 311,805 1,367,196 19% (3,543) * - CHARGES FOR SERVICES 8,113,350 664,222 664,222 7,449,128 8% 1,044,873 * - FINES AND FORFEITS 200 210 210 (10) 105%;r 112 * - MISCELLANEOUS 379,200 9,753 9,753 369,447 3% 2,132,978 TOTAL REVENUES 36,247,000 1,299,914 1,299,914 34,947,086 4% 3,407,914 EXPENDITURES: 11 - MAYOR & COUNCIL (208,000) (7,262) (7,262) (200,738) 3% (23,218) 12 - ADMINISTRATION (2,770,200) (261,519) (261,519) (2,508,681) 9% (179,104) 13 - CITY CLERK (567,500) (45,882) (45,882) (521,618) 8% (41,817) 15 - FINANCE (1,255,200) (59,442) (59,442) (1,195,758) 5% (70,353) 17 - PLANNING AND DEVELOPMENT (731,900) (67,723) (67,723) (664,177) 9% (49,962) 18 - FACILITIES (693,650) (43,195) (43,195) (650,455) 6% (47,161) 31 - POLICE DEPARTMENT (11,477,300) (895,364) (895,364) (10,581,936) 8% (948,096) 32 - FIRE (3,731,100) (334,158) (334,158) (3,396,942) 9% (284,136) 33 - INSPECTION-BLDG-PLMBG-HTG (1,811,400) (263,727) (263,727) (1,547,673) 15% (221,645) 41 - ENGINEERING (1,490,850) (101,511) (101,511) (1,389,339) 7% (139,971) 42 - STREET MAINTENANCE (2,808,200) (127,204) (127,204) (2,680,996) 5% (267,874) 44 - FLEET (558,200) (75,044) (75,044) (483,156) 13% (49,422) 46 - PARK MAINTENANCE (3,403,200) (211,717) (211,717) (3,191,483) 6% (192,272) 67 - RECREATION (5,208,560) (348,920) (348,920) (4,859,640) 7% (334,071) 91 - UNALLOCATED (343,100) (185) (185) (342,915) 0% (652) TOTAL EXPENDITURES (37,058,360) (2,842,851) (2,842,851) (34,215,509) 8% (2,849,753) OTHER FINANCING * - TRANSFERS IN 611,360 0 0 611,360 0% 0 * - TRANSFERS OUT 0 0 0 0 0% 0 OTHER FINANCING TOTAL 611,360 0 0 611,360 0% 0 FUND TOTAL (200,000) (962,922) (1,542,936) 1,342,936 (484,426) Key + Varies more than 10% than budget positively 46 Varies more than 10% than budget negatively Within 10% of budget Page 12 of 680 Business Unit 0672 - SAND VENTURE REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0672 - SAND VENTURE 0673 - ICE ARENA REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0673 - ICE ARENA 0674 - COMMUNITY CENTER REVENUES WAGES AND BENEFITS OPERATING EXPENDITURES 0674 - COMMUNITY CENTER * - DEFERRED REVENUE- MEMBERSHIPS DEFERRED REVENUE- CC MEMBERSHIPS RECREATIONAL FACILITIES OPERATING BUDGET TO ACTUAL Jan YTD Actual 2023 Budget 2023 (232,000.00) 249,200.00 328,820.00 346,020.00 (989,000.00) 312,300.00 610,300.00 (66,400.00) (1,093,800.00) 1,314,200.00 850,040.00 1,070,440.00 (260.39) 629.32 7,623.31 7,992.24 Jan YTD Actual 2024 Jan YTD Actual Year Variance Jan YTD Actual Year Variance % 260.39 (100.00) 54.76 (574.56) (91.30) 19,518.97 11,895.66 156.04 19,573.73 11,581.49 144.91 (83,806.85) (35,557.11) 38,587.87 27,145.22 (18,073.76) (102,436.12) 120,599.19 134,474.06 45,000.26 44,575.85 63,163.33 163,516.03 (164,541.00) (10,751.00) (164,541.00) (10,751.00) 48,249.74 (57.57) 41,334.89 2,747.02 7.12 25,296.04 (1,849.18) (6.81) 31,073.82 49,147.58 (271.93) (15,533.88) 86,902.24 (84.84) 13,874.87 11.50 (424.41) (0.94) 100,352.70 158.88 153,790.00 (93.47) 153,790.00 (93.47) Page 13 of 680 2/5/2024 9:30:01 AM Page 1 of 1 *5.A.3. Shakopee City Council February 20, 2024 FROM: William H. Reynolds, City Administrator TO: Mayor and Council Members Subject: Response to SMSC Fee to Trust Application - Inkpata Policy/Action Requested: Authorize response as outlined in the attached letter dated February 20, 2024. Recommendation: Approval/authorization. Discussion: On January 4, 2024, the Bureau of Indian Affairs (BIA) executed the attached letter notifying the city of the Shakopee Mdewakanton Sioux Community's (SMSC) request to transfer 681.1 acres of land in the City of Shakopee from fee to trust status. The following city parcels are part of this request: - Parcel 279200070, - Parcel 279300044, - Parcel 279290101, - Parce1270510011, - Parcel 259210030, - Parcel 259210090, - Parcel 279210040, - Parcel 279190102, - Parcel 279300043, - Parcel 279300050, - Parcel 279200120, - Parcel 259210012, - Parcel 259210010, - Parce1259210011, 2421 County Road 42 E (113.84 acres) 1127 Vista Ridge Lane (19.24 acres) 3421 Marschall Road (0.74 acres) 3247 Marschall Road (1.86 acres) 13700 Mystic Lake Drive NW (5.84 acres) Mystic Lake Drive NW (39.54 acres) 2499 Mystic Lake Drive NW (10.24 acres) 2750 Hohenstein Ct (16.71 acres) 3364 Marschall Road (126.54 acres) 3364 Marschall Road (1.56 acres) 1785 County Road 42 E (37.7 acres) 13888 Mystic Lake Dr NW (7.12 acres) 13888 Mystic Lake Dr NW (8.76 acres) County Road 42 (14.34 acres) Page 14 of 680 - Parcel 279200120, 1785 County Road 42 E (37.70 acres) - Parcel 279200080, 2988 Valley View Road (35.59 acres) - Parcel 259210070, 13901 Mystic Lake Dr NW (103.37 acres) - Parcel 279290070, Marschall Road S (46.06 acres) - Parcel 279200111, 2585 Hohenstein Ct (10.01 acres) - Parcel 271750140, 2585 Hohenstein Ct (0.43 acres) - Parcel 279300045, Marcia Ln S (43.69 acres) - Parcel 279290091, Marschall Road S (0.22 acres) This latest request includes land in Scott County and the City of Prior Lake and encompasses 815 acres in total. The parcels are mostly prairie, woodlands, farmland with some residential structures. Budget Impact: If approved by the BIA, the action of placing the parcels into trust would have an impact of reducing actual tax dollars by $103,000.54 in 2024, which would have to be incorporated into the taxes of the city's remaining parcels. This tax income will be permanently removed from future tax receipts. ATTACHMENTS: o BIA Notice of 4 Jan 24 - Inkpata o BIA Response 20 Feb 24 - Inkpata o SMSC Property 1993 o SMSC Property 2010 o SMSC Property 2024 Page 15 of 680 tj IN 111141IN REFER "FO: 1.Thrision of Fee to TroNst llokpata ed States Department of he Bt..1REA I.1 OF INDIAN AFFAIRS Midwest Regional Office Norman Pointe 11 5600 American Blvd West, Suite #500 Bloomington, Minnesota 5543'7 e NOTICE OF (NON -GAMING) LAND ACQUISITION APPLICATION Pursuant to the Code of Federal Regulations, 'Fide 25, INDIANS, Part 151 notice is given of the application :filed by .the Shakopee Mdewakanton Sioux Community to have real property accepted "in trust" 1.''or said applicant by the United States of America. -lhe determination whether to acquire this property "in trust" will be made in the exercise of discretionary authority which is vested in the Secretary of the Interior, or his authorized representative, Department of Interior. To assist us in the exercise of that discretion, we invite your comments on the proposed acquisjtion. In order for the Secretary to assess the impact of the removal of the subject property from the tax Rills, and if applicable to your organization, we also request that you provide the follokving in lomlation: 1) if known, the annual amount (..if property taxes currently levied on the subject property allocated to your organization; 2) Any special assessments, and amounts thereof, that are currently assessed against the property in support of your organization; 3) Any governmental services that are currently provided to the property by your organization; and 4) If subject to zoning. how the intended use is consistent. or inconsistent, with the zoning. We provide the following information regarding this application; Applicant: Shakopee Mdewakanton Sioux t. cult Land Description/Site Location: (PID4 279200070) The Southeast Quarter of the Southwest Quarter (SF Quarter of the Southeast Quarter (NW 1/4 of SE 114) Southeast Quarter (SW I/4 of SE 1/4). all in Section Fifteen (115), Range Twenty -to (22), Scott County. ,Abstract Property 1/4 of SW 1/4). The Northest , and 'Ihe Southwest Quarter of the -Fwenty (20), Township One Hundred Minnesota. Page 16 of 680 2421 CR 42 E Shakopee, MN 55379 BRBM (PID# 279300044) That part of Government Lot 4, Section 30, Township 115, Range 22, Scott County, Minnesota, lying South of the North 846.85 feet and lying West of the East 476.61 feet. TOGETHER WITH that part of the Southeast Quarter of said Section 30, described as beginning at the southwest corner of said Southeast Quarter; thence East along the South line thereof a distance of 66.01 feet; thence North 0 degrees 58 minutes 14 seconds East parallel to the West line of said Southeast Quarter, a distance of 2012.10 feet; thence North 45 degrees 58 minutes 14 seconds East a distance of 549.30 feet to the South line of the North 261 feet of said Southeast Quarter; thence South 89 degrees 47 minutes 20 seconds East along said line, a distance of 393.90 feet to the West line of the East 1803.26 feet of said Southeast Quarter; thence North 1 degree, 23 minutes 16 seconds East along said West line a distance of 261.04 feet to the North line of said Southeast Quarter; thence North 89 degrees 47 minutes 20 seconds West along said North line, a distance of 850.26 feet to the Northwest corner of said Southeast Quarter; thence South 0 degrees 58 minutes 14 seconds West along the West line of said Southeast Quarter, a distance of 2656.61 feet to the point of beginning. EXCEPT for that part of the above land now platted and known as Outlots G, H, J and K, Westridge Lake Estates First Addition, Scott County, Minnesota. Abstract Property 1127 Vista Ridge Lane, Shakopee, MN 55379 CSAH-1 (PID# 279290101) That part of the North One-half of the Southwest Quarter Section 29, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the North line of the North One-half of the Southwest Quarter of said Section, which point is 193.26 feet Easterly of the Northwest corner of said North One-half of the Southwest Quarter; thence Easterly along said North line 291.00 feet; thence Southerly and parallel to the Easterly right of way line of Scott County No 17 a distance of 150.00 feet; thence Westerly parallel with said North line a distance of 291 feet more or less to the Easterly right of way Scott County No 17; Northerly along said right of way line 150 feet more or less to the point of beginning. EXCEPT that part of the above -described parcel which is denoted and shown as Parcel 15 on Scott County Right of Way Plat No. 81, according to the record plat thereof, on file in the Office of the County Recorder, Scott County, Minnesota. Abstract Property Page 17 of 680 CSAH-2 (PID# 270510011) Lot 1, Block 1, Deerview Acres, Scott County, Minnesota, EXCEPT that part of said Lot 1, Block 1, which is denoted and shown as Parcel 14 on Scott County Right of Way Plat No. 81, according to the recorded plat thereof, on file in the Office of the Recorder, Scott County, Minnesota. according to the recorded plat thereof, on file in the Office of the Recorder, Scott County, Minnesota. Abstract Property DLTL (PID# 259210030) All that part of the East 1/2 of the Southwest 1/4 of Section 21, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of said East 1/2 of the Southwest 1/4; thence North along the East line thereof 1452.94 feet, to the point of beginning; thence continuing North along said East line a distance of 367.26 feet; thence West at right angles a distance of 248.9 feet; thence North at right angles a distance of 175.0 feet; thence West at right angles a distance of 351.1 feet; thence South at right angles a distance of 542.26 feet; thence East at right angles a distance of 600.00 feet to the point of beginning, according to the United States Government Survey thereof and situate in Scott County, Minnesota. Abstract Property 13700 Mystic Lake Drive NW Shakopee, MN 55379 GRLDB (PID# 259210090) The Northeast 1/4 of the Southeast 1/4, All in Section 21, Township 115 North, Range 22 West, Scott County, Minnesota, according to the United States Government Survey thereof and situate in Scott County, Minnesota. Abstract Property XXXX Mystic Lake Drive NW, Shakopee, MN 55379 GRLDC (PID# 279210040) The West 1448.80 feet of the South Half of the South Half of the South Half of the Northeast Quarter of Section 21, Township 115 North, Range 22 West, Scott County, Minnesota. Driveway Easement: An easement ingress and egress over a strip of land 20.00 feet wide with the centerline described as follows: Commencing at the Northwest Corner of the S 1/2 of the S 1/2 of the S 1/2 of the NE 1/4 of Sec. 21, T. 115, R. 22, Scott County, Minnesota; thence N 0° 20' 13" E along the West line of the S 1/2 of the NE 1/4 of said Sec. 21 (assumed bearing) a distance of 178.67 feet to the point of beginning; thence S 71° 01' 42" E a distance of 239.63 feet; thence S 81° 51' 18" E a distance of 174.24 feet; thence southeasterly along a Page 18 of 680 tangential curve concave to the southwest with a radius of 285.00 feet and a central angle of 42° 00' 00" for a distance of 208.92 feet and there terminating. Abstract Property 2499 Mystic Lake Dr S, Shakopee, MN 55379 HSE (PID# 259210014) That part of the East 1/2 of the Southwest 1/4 of Section 21, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of said East 1/2 of the Southwest 1/4; thence Northerly along the East line of said East 1/2 of the Southeast 1/4 a distance of 1452.94; thence Westerly perpendicular to said East line of the East 1/2 of the Southwest 1/4 a distance of 600.00 feet to the point of beginning; thence Northerly parallel to said East line of the East 1/2 of the Southwest 1/4 to a point 623.00 feet South of the North line of said East 1/2 of the Southwest 1/4; thence Westerly perpendicular to said to the last described line to a point on the West line of the East 1/2 of the Southwest 1/4; thence Southerly along said West line of the East 1/2 of the Southwest 1/4 to the Southwest corner of said East 1/2 of the Southwest 1/4; thence Easterly along said South line of said East 1/2 of the Southwest 1/4 to the intersection with a line drawn Southerly and parallel with the East line of said East 1/2 of the Southwest 1/4 from the point of beginning; thence Northerly to the point of beginning; EXCEPT the South 1508.00 feet thereof. Together with a 30 foot wide easement for roadway purposes, the center line of said easement is described as follows: Commencing at the Southwest corner of the East 1/2 of the Southwest 1/4 of Section 21, Township 115, Range 22, Scott County, Minnesota; thence North 89 degrees 35 minutes 57 seconds East, assumed bearing along the South line of said East 1/2 of the Southwest 1/4 a distance of 40.16 feet to the point of beginning of the center line to be described; thence North 0 degrees 22 minutes 10 seconds West 401.99 feet; thence North 6 degrees 08 minutes 34 seconds West 129.35 feet; thence North 04 degrees 42 minutes 50 seconds East 411.66 feet; thence North 22 degrees 14 minutes 19 seconds East 271.56 feet; thence North 14 degrees 11 minutes 16 seconds West 160.33 feet; thence North 23 degrees 35 minutes 19 seconds West a distance of 105.04 feet to the point hereinafter referred to as Point A; thence North to the North line of the South 1508.00 feet of said East 1/2 of the Southwest 1/4. Together with an easement for road purposes over and across that part of the above described land, not included in the above described easement which lies within the circumference of a circle having a radius of 50 feet. The center of said circle is the above described Point A, Scott County, Minnesota. Abstract Property 2250 140th Street NW, Prior Lake, MN 55372 LNK2 (PID# 279190102) All that part of the Southeast Quarter of the Southeast Quarter of Section 19, Township 115, Range 22, Scott County, Minnesota, lying Easterly and Northerly of Parcel 19 on Page 19 of 680 SCOTT COUNTY RIGHT OF WAY PLAT NO. 81, according to the recorded plat thereof, on file in the Office of the County Recorder in and for Scott County, Minnesota. Abstract Property 2750 Hohenstein Ct, Shakopee, MN 55379 LGAS (PID# 279300043 and 279300050) The Southeast 1/4 of Section 30, Township 115, Range 22, Scott County, Minnesota, except the North 261 feet of the East 1802.26 feet thereof. And also except the East 3 rods and 14 feet of the South 66 rods thereof. And also excepting the following described property: Commencing at the Southeast corner of said Section 30; thence North along the East line of said Section 30 a distance of 1089.0 feet to the point of beginning; thence continuing North along said East Line a distance of 593.0 feet; thence West parallel to the South line of Section 30 a distance of 747.0 feet; thence South parallel to the East line of Section 30 a distance of 613.0 feet; thence East parallel with the South line of Section 30 a distance of 683.50 feet; thence North parallel to the East line of Section 30 a distance of 20.0 feet; thence East parallel to the South line a distance of 63.50 feet to the point of beginning and there terminating. And also excepting that part of the Southeast 1/4 of said Section 30 described as beginning at the Southwest corner of said Southeast 1/4; thence East, along the South line thereof, a distance of 66.01 feet; thence North 1 degree, 58 minutes 14 seconds East, parallel to the West line of said Southeast 1/4, a distance of 2012.10 feet; thence North 45 degrees 58 minutes 14 seconds East a distance of 549.30 feet to the South line of the North 261 feet of said Southeast 1/4; thence South 89 degrees 47 minutes 20 seconds East, along said South line a distance of 393.90 feet to the West line of the East 1802.26 feet of said Southeast 1/4; thence North 0 degrees 23 minutes 16 seconds East along said West line, a distance of 261.04 feet to the North line of said Southeast 1/4; thence North 89 degrees 47 minutes 20 seconds West along said North line, a distance of 850.26 feet to the Northwest corner of said Southeast 1/4; thence South 0 degrees 58 minutes 14 seconds West, along the West line of said Southeast 1/4 a distance of 2656.61 feet to the point of beginning. Together with a permanent easement for ingress and egress purposes being 15 feet in width and lying 7.50 feet either side of the following described center line: Commencing at the Southwest corner of Section 29, Township 115, Range 22; thence North 1 degrees 23 minutes 16 seconds East along the West line of said Section 29 a distance of 1097.15 feet to the point of beginning of the center line to be described; thence East a distance of 36.63 feet; thence Easterly on a tangential curve concave to the North having a radius of 449.63 feet and a central angle of 12 degrees 41 minutes 27 seconds a distance of 99.59 feet; thence North 77 degrees 18 minutes 33 seconds East a distance of 188.86 feet to the center line of Scott County Road No. 17 and there terminating. Also together with a permanent easement for ingress and egress purposes being 15 feet in width and lying 7.50 feet either side of the following described center line; commencing at the Southeast corner of Section 30, Township 115, Range 22 thence North 1 degree 23 minutes 16 seconds East along the East line of said Section 30 a distance of 1097.15 feet to the point of beginning of the center line to be described; thence West a distance of 33.5 feet; thence Westerly on a tangential curve concave to the South having a radius of 472.16 Page 20 of 680 feet and a central angle of 7 degrees 16 minutes 16 seconds a distance of 59.92 feet; thence South 82 degrees 43 minutes 44 seconds West a distance of 10.00 feet; thence South 7 degrees 16 minutes 16 seconds East a distance of approximately 40 feet and there terminating. It is understood that the above described easement for ingress and egress shall not be used by parties of the second party, their successors or assignees for commercial purposes other than incidental to agricultural, agricultural -related, or residential activity. Also together with a 20 foot wide permanent easement for drainage and tiling purposes over and across the following described property situated in the Southeast Quarter of Section 30, Township 115, Range 22, Scott County, Minnesota, the centerline of said easement is described as follows: Commencing at the Southwest corner of said Southeast Quarter of Section 30; thence along the South line of said Southeast Quarter on an assumed bearing of East, a distance of 66.01 feet; thence North 00 degrees 58 minutes 14 seconds East a distance of 2012.10 feet; thence North 45 degrees 58 minutes 14 seconds East a distance of 549.30 feet; thence South 89 degrees 47 minutes 20 seconds East a distance of 423.90 feet to the point of beginning of the easement to be described; thence North 25 degrees 00 minutes 00 seconds West a distance of 150.00 feet; thence North 35 degrees 00 minutes 00 second West a distance of 180.00 feet; thence South 81 degrees 00 minutes 00 seconds West a distance of 717.70 feet to the East line of said Southeast Quarter of Section 30 and there terminating. Abstract Property 3364 Marschall Road, Shakopee, MN 55379 MDN3 (PID# 259330181 and 259330082) That part of the North 440.00 feet of the West Half of the Northwest Quarter of the Southeast Quarter of Section 33, Township 115, Range 22, Scott County, Minnesota and that part of the Southwest Quarter of the Northeast Quarter of said Section 33, described as follows: Beginning at the intersection of the east line of the west 36 rods (594.00 feet) of said West Half of the Northwest Quarter of the Southeast Quarter and the south line of said north 440.00 feet; thence South 89 degrees 25 minutes 44 seconds West (assumed bearing) along the south line of said north 440.00 feet of the West Half of the Northwest Quarter of the Southeast Quarter and the South line of the north 440.00 feet of the Northeast Quarter of the Southwest Quarter, of said Section 33, a distance of 1499.33 feet; thence North 00 degrees 34 minutes 34 seconds West to the intersection with the centerline of County Road No. 82; thence northeasterly along said centerline to its intersection with the northerly extension of said east line of the west 36 rods (594.00 feet) of the West Half of the Northwest Quarter of the Southeast Quarter; thence southerly along said east line a distance of 491.52 feet to the point of beginning. Abstract Property Known as 2495 154th St NW, Prior Lake, MN 55372 Page 21 of 680 MNGN (PID# 279200120) The Southwest Quarter of the Southwest Quarter of Section 20, Township 115, Range 22, Scott County, Minnesota. Torrens Property Being registered land as is evidenced by Certificate of Title No. 60004. 1785 County Road 42 East, Shakopee, MN 55379 MLLN (PID# 259210012 and 259210010) That part of the East 1/2 of the Southwest 1/4 of Section 21, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at the Southeast corner of said East 1/2 of the Southwest 1/4; thence Northerly along the East line of said East 1/2 of the Southwest 1/4 a distance of 726.00 feet; thence Westerly perpendicular to said East line to said East 1/2 of the Southwest 1/4 a distance of 600.00 feet; thence Southerly parallel with the East line of said East 1/2 of the Southwest 1/4 to the South line of said East 1/2 of the Southwest 1/4; thence Easterly along said South line to the point of beginning. Together with the East 1/2 of the Southwest 1/4 of Section 21, Township 115, Range 22, EXCEPTING THEREFROM the 3 following described parcels: 1) Commencing at the Southeast corner of said East 1/2 of the Southwest 1/4; thence North along said East line a distance of 1452.94 feet to the point of beginning; thence West at right angles to said East line a distance of 600 feet; thence Northerly parallel to said East line to a point 623 feet South of the North line of said East 1/2 of the Southwest 1/4; thence West at right angles to said East line of the West line of the East 1/2 of the Southwest 1/4; thence Northerly along said West line to the Northwest corner of the East 1/2 of the Southwest 1/4; thence Easterly along the North line of the East 1/2 of the Southwest 1/4 to the Northeast corner thereof; thence Southerly to the point of beginning. 2) Beginning at the Southeast corner of said East 1/2 of the Southwest 1/4; thence Northerly along the East line of said East 1/2 of the Southwest 1/4 a distance of 726.00 feet; thence Westerly perpendicular to said East line of said East 1/2 of the Southwest 1/4 a distance of 600.00 feet; thence Southerly parallel with the East line of said East 1/2 of the Southwest 1/4 to the South line of said East 1/2 of the Southwest 1/4; thence Easterly along said South line to the point of beginning. 3) That part of the East 1/2 of the Southwest 1/4 of Section 21, Township 115, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of said East 1/2 of the Southwest 1/4; thence Northerly along said East line of said East 1/2 of the Southwest 1/4 a distance of 1452.94 feet; thence Westerly perpendicular to said East line of East 1/2 of the Southwest 1/4 a distance of 600.00 feet to the point of beginning; thence Northerly parallel to said East line of East 1/2 of the Southwest 1/4 to a point 623.00 feet South of the North line of said East 1/2 of the Southwest 1/4; thence Westerly perpendicular to last described line to a point on the West line of said East 1/2 of the Southwest 1/4; thence Southerly along said West line of the East 1/2 of the Southwest 1/4 Page 22 of 680 to the Southwest corner of said East 1/2 of the Southwest 1/4; thence Easterly along the South line of said East 1/2 of the Southwest 1/4 to the intersection with a line drawn Southerly and parallel with the East line of said East 1/2 of the Southwest 1/4 from the point of beginning; thence Northerly to the point of beginning. Abstract Property 13888 Mystic Lake Drive NW, Shakopee, MN 55379 NLSN (PID# 259210011) The South 522.60 feet of that part of the following described land: That part of the East 1/2 of the Southwest 1/4 of Section 21, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at the Southeast corner of said East 1/2 of the Southwest 1/4; thence Northerly along the East line of said East 1/2 of the Southwest 1/4 a distance of 1452.94 feet; thence Westerly perpendicular to said East line of the East 1/2 of the Southwest 1/4 a distance of 600.00 feet to the point of beginning; thence Northerly parallel to said East line of the East 1/2 of the Southwest 1/4 to a point 623.00 feet South of the North line of said East 1/2 of the Southwest 1/4; thence Westerly perpendicular to last described line to a point on the West line of said East 1/2 of the Southwest 1/4; thence Southerly along said West line of the East 1/2 of the Southwest 1/4 to the Southwest corner of said East 1/2 of the Southwest 1/4; thence Easterly along the South line of said East 1/2 of the Southwest 1/4 to the intersection with a line drawn Southerly and parallel with the East line of said East 1/2 of the Southwest 1/4 from the point of beginning; thence Northerly to the point of beginning. ALSO, the North 492.34 feet of the South 1014.94 feet of the following described land: That part of the East 1/2 of the Southwest 1/4 of Section 21, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at the Southeast corner of said East 1/2 of the Southwest 1/4; thence Northerly along the East line of said East 1/2 of the Southwest 1/4 a distance of 1452.94 feet; thence Westerly perpendicular to said East line of the East 1/2 of the Southwest 1/4 a distance of 600.00 feet to the point of beginning; thence Northerly parallel to said East line of the East 1/2 of the Southwest 1/4 to a point 623.00 feet South of the North line of said East 1/2 of the Southwest 1/4; thence Westerly perpendicular to last described line to a point on the West line of said East 1/2 of the Southwest 1/4; thence Southerly along said West line of the East 1/2 of the Southwest 1/4 to the Southwest corner of said East 1/2 of the Southwest 1/4; thence Easterly along the South line of said East 1/2 of the Southwest 1/4 to the intersection with a line drawn Southerly and parallel with the East line of said East 1/2 of the Southwest 1/4 from the point of beginning; thence Northerly to the point of beginning. Together with a 30-foot-wide easement for roadway purposes. The center line of said easement is described as follows: Commencing at the southwest corner of the East Half of the Southwest Quarter of Section 21, Township 115, Range 22, Scott County, Minnesota; thence North 89 degrees 35 minutes 57 seconds East, assumed bearing along the South line of said East Half of the Southwest Quarter, a distance of 40.16 feet to the point of beginning of the center line to be described; thence North 0 degrees 22 minutes 10 seconds West 401.99 feet; thence North 6 degrees 08 minutes 34 seconds West 129.95 feet; thence North 4 degrees 42 minutes 50 seconds East 411.66 feet; thence North 22 degrees 14 minutes 19 seconds East 271.56 feet; thence North 14 degrees 11 minutes 16 seconds West Page 23 of 680 160.33 feet; thence North 23 degrees 35 minutes 19 seconds West a distance of 105.04 feet to a point hereinafter referred to as Point A; thence North to the north line of the south 1508.00 feet of said East Half of the Southwest Quarter. Together with an easement for roadway purposes over and across that part of the above described land, not included in the above described easement which lies within the circumference of a circle having a radius of 50 feet. The center of said circle is the above described Point A. Abstract Property XXXX 140th Street NW, Shakopee, MN 55379 OLN4 (PID# 259210060) That part of the West one-half of the Southwest Quarter of Section 21, Township 115N, Range 22W, Scott County, Minnesota, lying North of the South 75.00 feet thereof. Abstract Property 2060 140th Street NW, Prior Lake, MN 55372 OLN5 (PID# 279200080) That part of the Southeast Quarter of the Southeast Quarter of Section 20, Township 115N, Range 22W, Scott County, Minnesota, lying North of the South 75.00 feet thereof, according to the United States Government Survey thereof. Abstract Property PTSN (PID# 259210070 and 25920070) Parcel 1: The West 1/2 of the Southeast Quarter (W1/2 SE1/4) except the South 83 feet of the West 83 feet thereof; the Southeast Quarter of the Southeast Quarter (SE 1/4 SE1/4), all in Section 21, Township 115, Range 22, and that part of the West 3/4 of the South 1/2 of the Southwest Quarter (W3/4 S1/2 SW1/4) lying Southerly and Southerly of the Chicago, Milwaukee, St. Paul & Pacific Railroad, all in Section 22, Township 115, Range 22, Scott County, Minnesota. Parcel 2: All that part of the abandoned right-of-way of the Chicago, Milwaukee, St. Paul & Pacific Railroad lying in the West 3/4 of the South 1/2 of the Southwest Quarter of Section 22, Township 115, Range 22, the centerline of the tracks of said right-of-way being shown in Scott County Recorder's Document No. 178641. Abstract Property 13901 Mystic Lake Drive NW, Shakopee, MN 55379 Page 24 of 680 RGSD (PID# 259330170) That part of the North 363.00 feet of the East 1/2 of the NW 1/4 of the SE 1/4 of Section 33, Township 115, Range 22, Scott County, Minnesota, lying Westerly of the following described line: Beginning at a point on the North line of said North 363.00 feet distant 210.00 feet Easterly of the Northwest corner thereof; thence Southerly to a point on the South line of the said 363.00 feet distant 235.00 feet Easterly of the Southwest comer thereof. Abstract Property 15540 Woodland Circle Northwest, Prior Lake, MN 55372 SGRN (PID# 259210013) The North 493.06 feet of the South 1508.00 feet of the following described land: That part of the East 1/2 of the Southwest 1/4 of Section 21, Township 115, Range 22, Scott County, Minnesota described as follows: Commencing at the Southeast corner of said East 1/2 of the Southwest 1/4; thence Northerly along the East line of said East 1/2 of the Southwest 1/4 a distance of 1452.94 feet; thence Westerly perpendicular to said East line of the East 1/2 of the Southwest 1/4 a distance of 600.00 feet to the point of beginning; thence Northerly parallel to said East line of the East 1/2 of the Southwest 1/4 to a point 623.00 feet South of the North line of said East 1/2 of the Southwest 1/4; thence Westerly perpendicular to last described line to a point on the West line of said East 1/2 of the Southwest 1/4; thence Southerly along said West line of the East 1/2 of the Southwest 1/4 to the Southwest corner of said East 1/2 of the Southwest 1/4; thence Easterly along the South line of said East 1/2 of the Southwest 1/4 to the intersection with a line drawn Southerly and parallel with the East line of said East 1/2 of the Southwest 1/4 from the point of beginning; thence Northerly to the point of beginning. Together with a 30 foot wide easement for roadway purposes. The center line of said easement is described as follows: Commencing at the Southwest corner of the East Half of the Southwest Quarter of Section 21, Township 115, Range 22, Scott County, Minnesota; thence North 89 degrees 35 minutes 57 seconds East, assumed bearing along the south line of said East Half of the Southwest Quarter, a distance of 40.16 feet to the point of beginning of the center line to be described; thence North 0 degrees 22 minutes 10 seconds West 401.99 feet; thence North 6 degrees 08 minutes 34 seconds West 129.95 feet; thence North 4 degrees 42 minutes 50 seconds East 411.66 feet; thence North 22 degrees 14 minutes 19 seconds East 271.56 feet; thence North 14 degrees 11 minutes 16 seconds West 160.33 feet; thence North 23 degrees 35 minutes 19 seconds West a distance of 105.04 feet to a point hereinafter referred to as Point A; thence North to the North line of the South 1508.00 feet of said East Half of the Southwest Quarter. Together with an easement for roadway purposes over and across that part of the above described land, not included in the above described easement which lies within the Page 25 of 680 circumference of a circle having a radius of 50 feet. The center of said circle is the above described Point A. Abstract Property 2260 140th Street, Prior Lake MN 55372 SMTZ1 (PID# 279290070) The South one-half (S 1/2) of the Southwest Quarter (SW'/4) of Section twenty-nine (29), excepting therefrom the West seventeen and one-half (17 1/2) rods of the North fourteen (14) rods of the South half of the Southwest Quarter (S1/2 of SW1/4), of said Section 29, Township 115, Range 22; and also excepting therefrom the following described property: Beginning at the intersection of the North line of said South Half of the Southwest Quarter with the East line of the West 288.75 feet thereof; thence East along the North line of said South Half of the Southwest Quarter a distance of 1400.00 feet; thence South at right angles a distance of 990.00 feet; thence West parallel with the South line of the Southwest Quarter to the center line of County Road No. 17; thence Northwesterly along said center line to its intersection with aforedescribed East line; thence North along said East line to the point of beginning; Also the East three (3) rods and fourteen (14) feet of the South half (S1/2) of the Southeast Quarter (SE1/4) of Section Thirty (30), Township 115, Range 22, excepting the North fourteen (14) rods thereof, according to the United States Government Survey thereof and situate in Scott County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 60206. Abstract Property SRSN (PID# 279200111 and 271750140) Parcel 1: The South 650.87 feet of the West 669.26 feet of that part of the Northwest Quarter of the Southwest Quarter of Section 20, Township 115, Range 22, Scott County, Minnesota, lying East of the West 20.0 rods of said Northwest Quarter of the Southwest Quarter, Scott County, Minnesota. Abstract Property Parcel 2: Outlot B, Maple Trail Estates 1st Addition, according to the recorded plat thereof, Scott County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 60705. Abstract and Torrens Property Page 26 of 680 The registered portion of the property is evidenced by Certificate of Title No. 60705. 2585 Hohenstein Court, Shakopee, MN 55379 TLN (PID# 279300045 and 279290091) PARCEL A: The North 846.85 feet and that part of the east 476.61 feet lying South of the North 846.85 feet, all in Government Lot 4, Section 30, Township 115, Range 22, Scott County, Minnesota. PARCEL B: The North 261 feet of the West 1653.26 feet of the East 1803.26 feet of the Southeast Quarter of said Section 30, Township 115, Range 22, Scott County, Minnesota. PARCEL C: The South 66 feet of the North 261 feet of the East 150 feet of the Southeast Quarter of said Section 30, Township 115, Range 22, Scott County, Minnesota PARCEL D: The South 66 feet of the North 261 feet lying West of County Road No. 17, all in the Southwest Quarter of Section 29, Township 115, Range 22, Scott County, Minnesota. Abstract Property N/A, Shakopee, MN VG2 (PID# 259340070, 259340061, and 259340062) PARCEL 1: A tract of land in the East one-half of the Northeast Quarter (E1/2 of NE1/4) of Section 34, Township 115 North, Range 22West, Scott County Minnesota, described as follows: Commencing at a point 1682.7 feet more or less north of the Southeast corner of said Northeast Quarter (NE1/4) and lying on the East line thereof, and being on the South line of the North 990 feet of said Northeast Quarter (NE1/4); thence West along the said south line a distance of 367.3 feet; thence south and parallel to said east line a distance of 290 feet; thence East a distance of 252.3 feet; thence North a distance of 70 feet; thence East 115 feet to the East line; thence north along said east line 220 feet to the point of beginning. Torrens Property being registered land as is evidenced by Certificate of Title No. 59723. PARCEL 2: The West 40 Feet of a Tract of land in the East 1/2 of the NE 1/4 of section 34, Township 115N., Range 22W., in Scott County Minnesota, described as follows: Page 27 of 680 Commencing at a point 1209.4 feet north of the Southeast corner of said NE 1/4 and lying on the East line thereof, and running thence West at right angles to said East line a distance of 367.3 feet; thence North and parallel to said East line a distance of 183.3 feet; thence East a distance of 252.3 feet; thence North a distance of 70 feet; thence East a distance of 115 feet to the East line of the East one-half of the Northeast quarter; thence South a distance of 253.3 feet to the place of beginning, EXCEPT the West 160 feet. Being registered land as is evidenced by Certificate of Title No. 59724. PARCEL 3: The West 160 Feet of the following described property: A tract of land in the East 1/2 of the NE 1/4 of section 34, Township 115N., Range 22W., in Scott County Minnesota, described as follows: commencing at a point 1209.4 feet north of the Southeast corner of said NE 1/4 and lying on the East line thereof, and running thence West at right angles to said East line a distance of 367.3 feet; thence North and parallel to said East line a distance of 183.3 feet; thence East a distance of 252.3 feet; thence North a distance of 70 feet; thence East a distance of 115 feet to the East line of the East one-half of the Northeast quarter; thence South a distance of 253.3 to the place of beginning. Together with an easement for ingress and egress easement as set forth in Warranty Deed dated September 21, 1981, filed September 21, 1981, as Document No. T23298. Torrens Property Being registered land as is evidenced by Certificate of Title No. 59725. 15220 Eagle Creek Avenue Northeast, Prior Lake, MN 55372 Containing 815.834 acres, more or less. Project Description/Proposed Land Use: The Midwest Regional Office has under consideration an application for the transfer of real property held by the Shakopee Mdewakanton Sioux Community to be transferred to the United States in trust for the benefit of the Shakopee Mdewakanton Sioux Community. The Inkpata location and physical characteristics of the subject parcels are uniquely suitable for natural area preservation as the parcels contain little development, remnant forest lands, some agricultural lands, some agricultural lands, quality wetlands, and endangered plant life. The Inkpata parcels will be utilized to preserve these types of resources within the Tribe's land base, which enhances Tribal Member access to natural areas and contributes to the community's overall wellbeing. The Tribe is meeting its responsibility to maintain and preserve Dakota culture by preserving and promoting habitat diversity among its land for both current and future generations. Additionally, areas within the subject parcels will be utilized as a natural buffer area between the Tribe and the rapid urbanization occurring in Scott County. Page 28 of 680 In addition to the natural features, the Inkpata parcels contain 4 single-family homes as well as 11 total storage buildings. The storage facilities are currently used for tribal government storage of Land and Building Maintenance, Public Works, and Natural Resource Departmental equipment and tools. As indicated above, the purpose for seeking your comments regarding the proposed trust land acquisition is to obtain sufficient data that would enable an analysis of the potential impact on local/state government, which may result from the removal of the subject property from the tax roll and local jurisdiction. This notice does not constitute, or replace, a notice that might be issued for the purpose of compliance with the National Environmental Policy Act of 1969. Your written comments should be addressed to the Bureau of Indian Affairs office listed at the top of this notice. Any comments received within thirty days of your receipt of this notice will be considered and made a part of our record. You may be granted one thirty -day extension of time to furnish comments, provided you submit a written justification requesting such an extension within thirty days of receipt of this letter. Additionally, copies of all comments will be provided to the applicant for a response. You will be notified of the decision to approve or deny the application. If any party receiving this notice is aware of additional governmental entities that may be affected by the subject acquisition, please forward a copy to said party. A copy of the application, excluding any documentation exempted under the Freedom of Information Act (FOIA), is available for review at the above address. A request to make an appointment to review the application, or questions regarding the application, may be directed to Wylie Redwing, Realty Specialist, Division of Fee to Trust, via email at wylie.redwing@bia.gov. Sincerely, TAMMIE POITRA Regional Director cc: Abby Bathel, Land Manager (via email) Digitally signed by TAMMIE POITRA Date: 2024.01.04 13:54:11 -06'00' Page 29 of 680 BY CERTIFIED MAIL — RETURN RECEIPT REQUESTED: State of Minnesota Governor 130 State Capitol 75 Rev. Dr. Martin Luther King Jr. Blvd St. Paul, MN 55155 Office of the Administrator Scott County 200 Fourth Avenue West Shakopee, Minnesota 55379-1220 Office of the Mayor Shakopee City Hall 485 Gorman Street Shakopee, Minnesota 55379 Office of the City Administrator City of Prior Lake 4646 Dakota St. SE Prior Lake, Minnesota 55372-1714 Minnesota Department of Transportation Attn: Director of Aeronautics 395 John Ireland Boulevard Mail Stop 410 Saint Paul, Minnesota 55155-1800 BY FIRST CLASS MAIL: Honorable Keith Anderson, Chairman Shakopee Mdewakanton Sioux Community 2330 Sioux Tail NW Prior Lake, Minnesota 55372 Abby Bathel Land Manager, Land Shakopee Mdewakanton Sioux Community 2330 Sioux Trail NW Prior Lake, Minnesota 55372 9489 0090 0027 6124 9487 12 9489 0090 0027 6124 9487 29 9489 0090 0027 6124 9486 99 9489 0090 0027 6124 9487 43 9489 0090 0027 6124 9487 50 Page 30 of 680 February 20, 2024 U.S. Department of the Interior Bureau of Indian Affairs Midwest Regional Office, Norman Pointe II 5600 West American Blvd., Suite 500 Bloomington, MN 55437 Re: Notice of (Non -Gaming) Land Acquisition Application (Inkpata) by the Shakopee Mdewakanton Sioux Community Dated January 4, 2024, and located in Scott County, Minnesota In response to the Bureau of Indian Affairs' (BIA) letter of January 4, 2024, the City of Shakopee, Minnesota (City) hereby provides comment regarding the Shakopee Mdewakanton Sioux Community's (SMSC) application to have the below listed parcels accepted "in trust" by the United States of America: Parcel 279200070, Parcel 279300044, Parcel 279290101, Parcel 270510011, Parcel 259210030, Parcel 259210090, Parcel 279210040, Parcel 279190102, Parcel 279300043, Parcel 279300050, Parcel 279200120, Parcel 259210012, Parcel 259210010, Parcel 259210011, Parcel 279200120, Parcel 279200080, Parcel 259210070, Parcel 279290070, Parcel 279200111, Parcel 271750140, Parcel 279300045, Parcel 279290091, 2421 County Road 42 E (113.84 acres) 1127 Vista Ridge Lane (19.24 acres) 3421 Marschall Road (0.74 acres) 3247 Marschall Road (1.86 acres) 13700 Mystic Lake Drive NW (5.84 acres) Mystic Lake Drive NW (39.54 acres) 2499 Mystic Lake Drive NW (10.24 acres) 2750 Hohenstein Ct (16.71 acres) 3364 Marschall Road (126.54 acres) 3364 Marschall Road (1.56 acres) 1785 County Road 42 E (37.7 acres) 13888 Mystic Lake Dr NW (7.12 acres) 13888 Mystic Lake Dr NW (8.76 acres) County Road 42 (14.34 acres) 1785 County Road 42 E (37.70 acres) 2988 Valley View Road (35.59 acres) 13901 Mystic Lake Dr NW (103.37 acres) Marschall Road S (46.06 acres) 2585 Hohenstein Ct (10.01 acres) 2585 Hohenstein Ct (0.43 acres) Marcia Ln S (43.69 acres) Marschall Road S (0.22 acres) COMMUNITY PRIDE SINCE 1857 City of Shakopee 48.5 Gorman St., Shakopee MN 553I9 I Phone: 952233-9300 Faax 952-2.33-3801 I www.Shako Page 31 of 680 eMVMN.gov The City of Shakopee provides the following requested information with respect to the parcels in question: 1. If known, the annual amount of property taxes currently levied on the subject property allocated to your organization: The 2023 taxes allocated to the City of Shakopee are in total $103,000.54 as outlined below. Parcel 279200070 - - Parcel 279300044 - - Parcel 279290101 - - Parcel 270510011 - - Parcel 259210030 - - Parcel 259210090 - - Parcel 279210040 - - Parcel 279190102 - - Parcel 279300043 - - Parcel 279300050 - - Parcel 279200120 - - Parcel 259210012 - - Parcel 259210010 - - Parcel 259210011 - - Parcel 279200120 - - Parcel 279200080 - - Parcel 259210070 - - Parcel 279290070 - - Parcel 279200111 - - Parcel 27175014 - - Parcel 279300045 - - Parcel 279290091 - $15,995.06 $6,796.94 $649.74 $720.34 $705.98 $3,751.42 $2,269.94 $2,265.08 $29,448.00 $195.24 $4,908.64 $1,167.26 $862.92 $1,888.40 $4,908.64 $4,098.84 $11,236.84 $4,216.88 $1,196.20 $18.02 $5,699.30 $0.86 2. Any special assessments, and amounts thereof, that are currently assessed against the property in support of your organizations: - None. 3. Any governmental services that are currently provided to the property by your organization: - None, but the City of Shakopee would provide police and fire services as needed. 4. If subject to zoning, how the intended use is consistent or inconsistent with the zoning: - The proposed use is consistent with current City zoning. Previously, the BIA has stated in regard to placing land in trust that, "Simply removing a property from the tax rolls does not automatically increase the millage rate on other properties within the taxing jurisdiction; action is required by the local government. The burden of demonstrating an adverse financial impact lies with the local government." [Thurston County, Nebraska v. Great Plains Regional Director, BIA, 56 IBIA 296 at 312 (2013)]. However, this COMMUNITY PRIDE SINCE 1857 City of Shakopee 148.5 Gorman St., Shakopee MN 55379 I Phone: 952233-9300 Fax 952-2.33-3801 I www.ShakopeeiVMN.gov Page 32 of 680 response is not appropriate to applications within Minnesota; as Minnesota does not have a millage rate system. Removal of this property from the tax rolls will have an automatic impact upon Shakopee taxpayers for the following reasons: 1. Minnesota has a unique property taxing system. Property taxes are calculated based upon the total tax capacity within the taxing jurisdiction — not through a legislatively established millage rate. 2. The property tax rate is calculated by dividing the dollar amount levied by the total tax capacity. 3. The tax capacity is established via the taxable market value. 4. Under Minnesota's property tax system action is not required by the local government; simply removing the properties from the tax rolls will automatically spread the tax burden to the other taxpayers within the City; by reducing the taxable market value and tax capacity; thereby increasing the tax rate calculation. Since 2000, the BIA has added 2,499.72 acres into trust on behalf of the SMSC in Scott County. This application seeks another 815 acres. This particular proposed addition is more than the total 760.33 acres the SMSC had held in trust in 2000. The impact upon our residents is real; they have to pay more taxes to fill in the gaps made by property removed from tax rolls through this process. If you require any additional information, please do not hesitate to contact me. Sincerely, William H. Reynolds City Administrator cc: Chairman Cole Miller Shakopee Mdewakanton Sioux Community 2330 Sioux Trail NW Prior Lake, MN 55372 Chair Barb Weckman Brekke Scott County Board 200 Fourth Ave W Shakopee, MN 55379 COMMUNITY PRIDE SINCE 1857 City of Shakopee 148.5 Gorman St., Shakopee MN 55379 I Phone: 952233-9300 Fax 952-2.33-3801 I www.ShakopeeiVMN.gov Page 33 of 680 ffifz".7 ff'ff y3nog3aaa3S uaang ueA '.. y1noS.laaalS uosuaeH N '.:41noS laaalS Jall1 yanoS aa9J7S Nlod ,.. III I III (I riv ✓sa'' //; / ii rim mummummummummummulvanummumumnumummommummunummunumm y u� ,ls4eay]JoN ar peob p;eA.? 6titeeTP 1-11n0glaaal5 uaang.ueA LIMOS laaalS UOSIJJ H N '.:41noS laaa4S JalAi ylnoS la9J7S Nlod ,.. IMMO III I III al unlnlnlnul lseayuoN ar a�°ao O peob p7TX4,? �titeeTP J 0 4400,, m,u.ip 001 .119ANV }aaa}a. 6.11(2VSES *5.A.4. Shakopee City Council February 20, 2024 FROM: Heidi Emerson, Deputy City Clerk TO: Mayor and Council Members Subject: Approve a THC License for JNS Liquors dba Southbridge Liquor. Policy/Action Requested: Approve a THC license for JNS Liquors dba Southbridge Liquor located at 8071 Old Carriage Court North. Recommendation: Approve the above requested motion. Discussion: JNS Liquors dba Southbridge Liquor, located at 8071 Old Carriage Court North, has submitted an application to sell THC products. Staff has reviewed the application and everything is in order. The required training has been completed by all staff members and the fees have been paid. The application was submitted to the Police Department for review and they advised that nothing was identified that would prohibit issuance of the license. Budget Impact: Page 37 of 680 *5.A.5. Shakopee City Council February 20, 2024 FROM: Heidi Emerson, Deputy City Clerk TO: Mayor and Council Members Subject: THC License for Shakopee 1997 LLC. dba Cub Liquor. Policy/Action Requested: Deny a THC license for Shakopee 1997, LLC. dba Cub Liquor located at 1262 Vierling Drive East. Recommendation: Approve the above requested motion. Discussion: Shakopee 1997 LLC. dba Cub Liquor, located at 1262 Vierling Drive East, has submitted an application for a THC license. Staff has reviewed the application and it is in order. The application was submitted to the Police Department for review and it has been advised that, due to a compliance check failure in 2021, the recommendation is to deny a THC license to Shakopee 1997, LLC. dba Cub Liquor. Budget Impact: Page 38 of 680 *5.A.6. Shakopee City Council February 20, 2024 FROM: William H. Reynolds, City Administrator TO: Mayor and Council Members Subject: Denial and Findings of Facts for Denial of THC Licenses to Top Star Market LLC and Nicollet Tobacco LLC Policy/Action Requested: Adopt Resolution #R2024-023 providing findings of fact and denying a THC license to Top Star Market LLC, and Resolution #R2024-024 providing findings of fact and denying a THC license to Nicollet Tobacco LLC. Recommendation: Approval. Discussion: On February 6, 2024, the City Council heard requests from the owner of both Top Star Market LLC and Nicollet Tobacco LLC for THC licenses for both establishments. Both locations are ineligible for a THC license under the city code due to past violations. At the end of the owner's presentation, City Council directed staff to assemble findings of fact supporting a denial for both requests due to the failure to be eligible under city code. Budget Impact: None. ATTACHMENTS: a R2024-023 FOF and Denial Top Star a R2024-024 FOF and Denial Nicollet Page 39 of 680 CITY OF SHAKOPEE, MINNESOTA RESOLUTION R2024-023 RESOLUTION DENYING AN APPLICATION FOR A THC LICENSE FOR TOP STAR MARKET, LLC WHEREAS, Sinbed Adel Manasra on behalf of Top Star Market, LLC (collectively, the "Applicant") submitted an application for a THC License pursuant to city of Shakopee ("the City") City Code, Sections 110.001-110.013 (General Licensing, Permit, and Inspection Procedures General Provisions) and 110.200-110.212 (Tetrahydrocannabinol Products) ("License Regulations", which are included as Exhibit A); and WHEREAS, the License Regulations provide the basis for denial of a license including: 1) City Code, Section 110.003 (E). The Council may, for any reasonable cause, refuse to grant any application, or revoke any license. No license shall be granted to a person of questionable moral character or business reputation. 2) City Code, Section 110.203(B)(8). The Applicant has had a Comparable License Violation in the previous 3 years. WHEREAS, the City Council of the City of Shakopee (the "City Council") has considered the matter and makes the following Findings of Fact and Conclusions: FINDINGS OF FACT Background 1. On August 16, 2022, the City Council adopted an interim ordinance establishing a moratorium on the sale of "Cannabis Products" within the City (the "Moratorium", which is included as Exhibit B). 2. On November 17, 2022 , the City conducted a compliance check and found the Applicant was selling Cannabis Products that contained THC in violation of the Moratorium. The Applicant was ordered to remove the Cannabis Products. The report of the police department is included as Exhibit C. The photo taken during the November 17, 2023 compliance check is included as Exhibit D. 3. Exhibit D shows products that are labeled as being "cannabis" and "marijuana," which were not legal to sell in 2022, and a number of products described as "prerolls" containing THC or THC derivatives. Additionally, Exhibit D shows: (a) products that contain more than the maximum allowed amount of THC per serving and per package; and (b) edible cannabinoid products that bear a likeness or contain cartoon -like characteristics of a real or fictional person, animal, or fruit which appeals to children or are modeled after a brand of products primarily consumed by or marketed to children. All of which are violations of Minnesota Statutes, Section 151.72, subd. 5a, which is included as Exhibit E. SH155-23CC-933698.v2 1 Page 40 of 680 4. On November 30, 2022, the City conducted follow-up compliance checks and a plain -clothed enforcement official purchased products containing delta-8 and delta-10 THC that violated both the Moratorium and Minnesota Statutes, Section 151.72 ("Noncompliant Products"). 5. The Noncompliant Products were gummies containing delta-8 and delta-10 hemp -derived THC in the following amounts: 70 servings per container; 50 mg of THC per serving; and total THC of 1,750mg. See Exhibit F. Violation of Moratorium 6. The Moratorium establishes in the recitals that edible cannabinoid products were allowed under Minnesota Statutes, Section 151.72 through Minnesota Laws 2022, Chapter 98, which was became effective July 1, 2022 (the "Act"). 7. The Moratorium provides: "A moratorium is imposed within the City regarding the sale of Cannabis Products. No business, person, or entity may sell Cannabis Products to the public within the jurisdictional boundaries of the City during the period that this Ordinance is in effect." 8. The Noncompliant Products were subject to the Moratorium because they were edible cannabinoid products as defined in Minnesota Statutes, Section 151.72. Selling the Noncompliant Products was a violation of the Moratorium and resulted in a failed compliance check. 9. The Board of Pharmacy was the state agency designated to enforce the Act. The Board of Pharmacy's position is that certain edible cannabinoid products were not lawful to sell prior to July 1, 2022, including specifically products that included intoxicating cannabinoids. Additionally, the Board of Pharmacy, referring to Minnesota Statutes, Section 151.72 (included as Exhibit G), concluded: "If the Legislature wished to legalize the sale and possession of products containing A-8 THC, which is intoxicating, those sections would also need to be modified." See Minnesota Board of Pharmacy Report to the Legislature on Changes the Board Proposes to Make to the Controlled Substance Schedules Maintained by the Board in Minnesota Rules, which is included as Exhibit H. 10. The violation for selling Noncompliant Products was forwarded to the Scott County Attorney's Office for prosecution as a misdemeanor. Without consulting the City, the Scott County attorney's office moved to dismiss the case on October 9, 2023. In the pleadings submitted to the District Court, included as Exhibit I, the Applicant argued that products containing delta-8 and delta-10 THC were not subject to the Moratorium — that is not a correct statement of the law. Even if the statement was correct, the Moratorium specifically includes edible cannabinoid products. Additionally, the products being sold were not compliant with Minnesota Statutes, Section 151.72. 11. The City sent the Applicant a letter on December 5, 2022 informing the Applicant that the "City of Shakopee has elected NOT to impose civil penalties for violating the Moratorium however the police reports have been sent to the Minnesota Board of Pharmacy." The letter 2 Page 41 of 680 is included as Exhibit J. The Applicant knew that the City considered the failed compliance check a violation of the Moratorium. Violation of State Law 12. At the time of the failed compliance check, Minnesota Statutes, Section 151.72, subd. 3 & 7 provided that an edible cannabinoid product may not contain an amount of THC that is higher than five milligrams in a single serving, or more than a total of 50 milligrams in a package. Minnesota Statutes, Section 151.72, subd. 3 and 7. The Noncompliant Product contained serving sizes of 35 milligrams (seven times greater and a 600% increase over the compliant products)and total THC of 1750 per package (35 times greater and a 3,400% increase over compliant products). 13. The manufacturer of the Noncompliant Products includes a disclaimer on its website that its products are not for sale in Minnesota. See Exhibit K. 14. The City filed a complaint with the Minnesota Board of Pharmacy on December 2, 2022. See Exhibit L. The City did not hear back from the Minnesota Board of Pharmacy. In 2023, enforcement of Minnesota Statutes, Section 151.72 transitioned to the Minnesota Depat tuient of Health. Failed Compliance Check Results in License Denial 15. The License Regulations provide that grounds for denial include " the applicant has had a Comparable License Violation in the previous 3 years." 16. A Comparable License Violation is defined in the License Regulations as: "Any failure by an applicant, or an applicant's associated business that own's, holds, owned or held a license issued by a governmental entity, of a compliance check or inspection, or violation of another law (including but not limited the Moratorium on THC sales) or regulation related to the sale of THC, a THC license, or a tobacco, tobacco products, and tobacco -related devices license issued under Section 110.055, et seq." 17. The Applicant failed compliance checks conducted by the City on November 17, 2022 and again on November 30, 2022. 18. On October 17, 2022, the Applicant failed a compliance check related to an associated business, Nicollet Tobacco, LLC (which lists Mr. Manasra as the registered agent, manager, and licensee for both Nicollet Tobacco, LLC and Top Star, LLC — See Exhibit M), for sales of tobacco, tobacco products, and tobacco -related to a minor. Pursuant to City Council Resolution No. , the City Council denied the THC license application for Nicollet Tobacco, LLC. 19. The Applicant sold edible cannabinoid products that were prohibited during the period of the Moratorium. The Applicant was informed during the compliance check on November 17, 2023 that the products were not allowed. The Applicant chose to continue selling 3 Page 42 of 680 noncompliant products and sold noncompliant products to a plain -clothes officer on November 30, 2023. The Noncompliant Products that the Applicant continued to sell included more than seven times the allowed amount of THC per serving and thirty-five times the allowed amount of THC per package. The City finds that the Applicant, even after being informed of his violation continued to sell noncompliant products (the manufacturer of which states are not legal to sell in Minnesota) that included THC in amounts vastly in excess of what was allowed at the time of the violation. 20. It is clear that the Applicant sold products containing THC that were not allowed to be sold on November 30, 2022. The actions of the Scott County Attorney's office made without consulting the City and the failure of the Minnesota Board of Pharmacy to document or enforce unlawful sales of THC products should not result in a loophole through which the Applicant can now claim that a THC License must be granted. CONCLUSIONS 21. The Applicant failed compliance checks completed by the City on November 17, 2022 and November 30, 2022. These failures are Comparable License Violations because they are violations of the Moratorium. 22. The Applicant sold edible cannabinoid products on November 30, 2022 during the period of the Moratorium when such sales were prohibited. This violation is a Comparable License Violation. 23. The Applicant sold edible cannabinoid products on November 30, 2022 that were not compliant with Minnesota Statutes, Section 151.72. This is a violation of state law. 24. The Applicant has a Comparable License Violation resulting from sales to a minor at Nicollet Tobacco, LLC, on October 17, 2022. Nicollet Tobacco, LLC is owned and operated by Sinbed Adel Manasra, the Applicant. This is a Comparable License Violation. 25. The Applicant sold Noncompliant Products that the Applicant had been informed were not allowed during the period of the Moratorium. Those products contained more than seven times the allowed amount of THC per serving and thirty-five times the allowed amount of THC per package. The serious differences between the legally allowed products and the Noncompliant Products combined with the Applicant's actual knowledge that the Noncompliant Products were not allowed to be sold constitutes reasonable cause to deny the THC License in the interest of protecting the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE that based on the above Findings of Fact and Conclusions, the Applicant's request for a THC License is DENIED. 4 Page 43 of 680 Adopted by the City Council of the City of Shakopee, Minnesota this 20th day of February 2024. ATTEST: City Clerk Mayor 5 Page 44 of 680 GENERAL LICENSING, PERMIT, AND INSPECTION PROCEDURES GENERAL PROVISIONS 110.001 Definitions 110.002 Applications 110.003 Action On Application For License 110.004 Carrying Or Posting 110.005 License Required 110.006 Responsibility Of Licensee 110.007 Conviction Of Crime; Denial Of License 110.008 Conditional Licenses 110.009 Fixing License Fees 110.010 Insurance Requirements 110.011 Posting And Distributing Printed Matter 110.012 Scavengers 110.013 Lodging Tax 110.001 Definitions If:=or the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different mmieniing,. APPIII,,,JIICA'11"III IN„ A form with Ibllaniks or spaces there in, to be filled in nd completed by the applliicant as a request for a license, furnished by the city, and uniformly requiir d as a prerequisite to the consideration .f the issuance of a license for a business. (BOND„ A corporate surety document in the form and with the provisions acceptable and specifically approved by the City Attorney. BUSINESS. Any activity, occupation, sale of goods or services, or transaction that is eiither licensed or regulated, or both licensed and regulated, by the terms and conditions f this chapter. III...JIICIIfENSII; .. A d cument issued by the city tau an applicant permitting the applicant to carry on and transact a business. III,,,,JIIC111 IINSOEE Ilf'lIIE111E..TIhe irmnsney paid to the city (pursuant tapplication and prior to issuance of a license to transact and carry on a business. III...11ICOE SIIEIIIE. An applicant ho, pursuant to the licensee's applliican, holds a valid, current, unexpired, and unrevolked license fmorn the city for carrying on a business. SII;;; III,..111..., and S III,,,,Jlf) mean all forms of (barter and all manner nr irmneans of furnishing merchandise to persons. (2013 Code, § 6,.01) (Ord. 1, Ip ssed4111978; Ord. 337, Ip 110.002 Applications A�II applications shall be made as follows. d .7....23,,,,,1992 A. Form„ All alplplliicatii nns shall be made t the office of the City Administrator upon forms that have been formulated by the city for such Ipurposf II::3„ Fee„. All initial applications shall be accomlfnaniied by payment of a fee s prescribed by the most recent fee resolution to cover the cost f investigation as herein Iprtviided.. • T A-1 0. Conte ts,. ADO suchappticatiions must be subscribed, sworn to, and iincllude, but not be Iliiirnniited to, the ffo1111owiing„ 1,. Apptiicannt''s name and ciit zenslh hip; 2,. Apptiicant's present address and (length of tiiirmne the aapplliioant has Iliived at that address; 3. Appllliicant''s occupation and (length of time so engaged; 4. Appllliicant's addresses and occupations for the 3 years next preceding the date of applliicatiioirn; 5. Names and addiresses of applliicant's eirmnplloyeirs, if any, for the 3 years next pirecediin. the date of applliicatiion; F:3„ Whether or not the appllliicant has ever been counviicted of a felony, gross rniisdemearnor, it rdsdeirneansr, iiirnclluudiiing vliiollatii in of a inrnuniiciipall ordinance but exclludiin traffic viiollatliions, and jiff so, the date and (place of conviictiion and the nature of the offense; '7., Type r ff tic nse and Ilocatliion of premiises for which the r pplliicatii.n its made; ,. At (least 4 character references if the applicant has not resided liin the city for 2 yea::airs next preceding the date of applliicatiion,; and 9. Such tlh ;ir iinfforirnatiion as the Cunciill shall deern necessary consiideriirng the nature the bushiness for wlhiiclh the (Incense applliicatiion its made. 11::D„ False state re ts„ IIt its unllawtull for any applliicant to iintentiionalllly make a ffallse statement or ormliissliion upon any appIliicatiion form., Any false st ternent iin such applliicatiion, or any wiillllffuall ormliissliion to state any iinfformatiion called for on such appIliicatiion form, shall, upon discovery of such ffalsehood work an aiitormatiic reffusall J.ff (Incense, or if already iissued, shall render any (Incense sr permit iissuued pursuant thereto, valid, and of no effect to pr tect the applliicant ffirom prosecution for viiawlDatiion of this chapter, or any part hereof. Investigation„ -11-1h City Adrniiniistratr shall, upon receiipt of each apptiicatliion cornpllet d iin accordance herewith, forthwith iinvestiigat the truth of statements made thereiin rnd the moral character and bushiness reput tiionn of each applicant for Illiicennse to such extent as the City Admiiniistu°ator deems necessary. For such iinvestiigatiion, the City Admiidistrator imay enlliist the aaiid of the Chief of Pace. ..11-'he Council shall not consider an applliicatiion lb fore such iinvestliigatiion has been coirmnpllted.. IF. Rene//ats,. Applliicatiions for renewal (Incenses imay be made liin such bbreviiated form as the Council may by resollutiion adopt. (2013 Code, § 6„02) (Ord. 1, passed 4....1-19I 3; Ord. 337, passed 'I 23....,1992,; Ord„ 393, passed 112....15.... 199 1.) Penalty, see § 110.91.9 110.003 Action On Application For License A. Gras t1 ,g. Il the Counciill may grant any apptiicatiion for the Iperii.d of the remainder of the them current calendar year or for the entliir , ensuiing (Incense year. The City CIIerlk may grant an apptiicatiion for th Iliicensiing of an iindiiviiduuall who works lin a bushiness (Incensed as a (pawnshop, Ipreciious metal dealer, or second....hand g o s deller., All apptiicatiions, iinclluudiing proposed (Incense periiods, must be consliistennt with thiis chapter.. T A-2 113., Issua co., 1. Ilf an appllication lis approved, the City Adminlistrat shall f rthwilth issue a llicense pursuant thereto in the form prescribtd by the Council up.in prssf of ownership, payment of the appropriate Illicense fee, and approvall of the bond or insurance s to form and surety •r cannier, lif required., All Illic.„nses shall be on a callendar-year basis beginning January 1 and ending December 31.. Unlless otherwise herein specified, llicense fes shall be pro -rated on the basis of 1/12 for each callendar month, or part thereof remaining lin the then currentllicense year. 2., 11......11c ...rises shall be vallid onlly at 1 llocation and on the premises therein described. Iln order to effectuate the change in Illicense year, the City Administrator lis hereby authorized to credit the appficant for any unearned Iportion of a ficense fee, or charge a pro -rated amount •Hy. No llicense shall be granted for operation on any premises upon which taxes, assessments, or installments thereof, or any financliall cams of the city are owed by the appIllicant and are dellinquent and unpaid., C. Transfer. A Ilicense shall be transfer4iblle between persons upon consent of the Council and payment of the investigation fee. No Illicense shall be transferablle to a different llocation without prior consent f the Council and upon Ipayment of the fee for a dupllicate cense. t lis unllawfull t make any transfer lin viollation of this dijvijsij.n (C). 7-er atio .11.....icenses shall terminate onlly lby expiration or revocation., IE.. Ref sal, suspension, an revocatio The Council may, for any reasonablle cause, refuse t. grant any appIllication, or revoke any Illicense. No Illicense shall be granted to a person of questionablle moral cln.:dracter or Ibusliness reputation., 113efore i* Vocation or suspension •f any llicense, the C uncill shall give notice to the llicensee and grant such Illicensee opp rtunity to be heard., Notice to be given and the exact time of hearing shall be stated in the resollutil n calling for such hearing.. D plicate lice se.. 1Dupllicates of all originall llicenses may be issued by the City Administrator, without action by the Council, upon the Ilicensee's affidavit that the origlinall has been llost, and upon Ipayment of a fee of S2 for issuance of the dupIllicate. ADO dupcat censes shall be deadly 'marked "111111)U 11"311....11C AT OE". (2013 Code, § 6.03) (Ord. 1, passed 4....1....1978; Ord., "79, passed 11....26....1981; Ord. 444, passed 2...22.... 1996 110.004 Carrying Or Posting All transient 'merchants, Ipeddllers, and solliclit rs shall at all times when s. engaged, carry their llicense on their person. All other llicensees shall 1p st their Illicenses in their pllace of business near the ficensed activity; Iprovided, however, thict lin the case of machine or other device ficensling, the city may provide a sticker for the current llicense year which shall be affixed to each machine or device requiring such sticker, All llicensees shall displlay their llicenses up n demand by any fficer (2013 Code, § 6.04) (Ord. 1, passed 4-1-1!1178) 110.005 License Required his unll wfull for any p rson to knowingllylpermit any reall property owned r controlled by tlhin be used, without a Illio.mse, for any business for which a Ilicenselis required by this chapter. 1 persoir to (2013 Code, § 6.05) (Ord. 1, passed 4-1-1978; Ord. 337, passed '7-23-1992) IlDenallty, see § 110.999 pK-14-4 T A-3 110.006 Responsibility Of Licensee The conduct of ag nts and emplloyees of a person to whom a °license permit s ssued sh deemed the conduct of the °licensee., (2013 Code, § 6.06) (Ord. 1, passed 4-1-1978; Ord. 337, passed .7-23-1992) 110.007 Conviction Of Crime; Denial Of License 1111 be A °license may be denlied to an appIllicant by the Council° solidly oir lin part due to a pril r conviictlion .f a crlime by an appIllicant onlly upon a finding that such conviictlion directly rellates to the occupation for whlich the ficense lis s ught, and then onlly after considerling evidence of rehabtation and such other evidence as may be presented, all lin accordance wiith state statutes; provided, however, that an appIllicant must sh w that the appIllicant s presently fit t. perfonrn the occupation for which the °license ss ught, (2013 Code, § 6.07) (Ord. 1, passed 4-1-1978; Ord. 337, passed "7-23-1992) 110.008 Conditional Licenses Notwithstanding any proviislion of Ilan to the contrary, the Council° may, upon a finding of the necessity therefor, pllace such conditions nd restictions upon a °license as lit, lin its discretion, may deem ire and justified., (20'13 Code, § 6.08) (Ord., 1, passed 4-'1-1978) 110.009 Fixing License Fees Except as themlise herelin provided, all fees f.r °licenses under this chapter shall be fixed and determlined by the Counc, adopted by resollution, and unliformlly enforced. Such °license fees may, from time to time, be amended by the Council° by res utk n., A copy of the resollutlion settling forth currently effective °license fees shall be kept on fille lin the office of the City Cllerk, and *pen to linspectlion durling regull4Hr busliness hours., For the purpose of fixiing such fees, the Council may subdivide and categorlize censes under a sp clific °license requiirement; pr-vilded, that any such subdiviislion or categorlization shall be linclluded lin th resollutlion authodzed by this section., (2013 Code, § i.,09) (Ord. 79, passed 1i-26-1981) 110.010 Insurance Requirements Whenever linsurance s required by a sectL n of thlis chapter, after approveby the Council°, but before the °license shall lissue, the appticant shall file with the City Cllerk a polllicy r certificate of pubIllic abHty linsurance showling: A., ""0""he °limits are at °east as Nigh as requiired; 113. Coverage s effective, for at °east the °license term approved; and C. Such linsurance MO not be cancelled or terrniinated without 30 days' written notice served upon the City Cllerk. Cancellation oir terrniination of such coverage shall be grounds for °license revocation., (2013 Code, § 6.10) (Ord. 199, passed .7-.10-1986) 110.011 Posting And Distributing Printed Matter X-144 T A-4 A. On public property. IIt its unllawffull for any ipeirson other ipublliic property, iinclludiing utiilliity poles., �J. post or Ile- ve Ipriinted smatter upon stireets oir 11:3,. On °f i for vehicles,. IIt its unllawfuull for any person to posit, attach, or Ileave upon, any motor vehiiclle not owned by that person, ny printed matter, without the peIrr niissiin of the owner oir h it person iin cf such property,. (2013 Code, § 6.20) (Ord. 1, passed 4,,,.1,,,,,1978; Ord. 337, passed .7,,,,,23,,,,,1992) Penalty, see § 110.999 110.012 Scavengers A. Scavenger defined„ SCAVENGER lR means a person, pairtneir slh hip, oir corporation liin the bushess of ireirnoviing the contents oir part of the contents of any priivy, slink, satellite, vault, septic tank, grease, and sand trap, cesspool, or other siiirnniilla.ir ffaciilliity„ 11::3.. Regulations,. IIt its unllawfull for any person to follllow or ipractiice the occupation of scavenger oir act as a scavenger within the city without striictlly wlbserviing the ffollllowiing regullatiions,. 1,. N. diischaire of waste from septic tanks oir other siiimiillair facilities (lusted above shall lb�� made liin the city unlless such discharge its made at a site Ipreviiouuslly approved by thy, Council, and the prescribed fee for such dumpling or discharge pad to the city,...1I-he fee will be sit from time to tilme by the Council, No diischair e of ny of the materials oir substances (lusted Tin diiviisliion (A) above shall be made Tinto th city sewer system directly or iindiirectlly at any time., 2.. No part of the contents of any such s irniitary sewage facility shall be transp.rted Tinto and dep osilted within the city, nor shall the contents of any such facility be transported within �r throughout the city uunllarss Tit its removed and transported by means of an aiiir..tiight apparatus, Ipneuimmatiic, or otherwiise, so as to prevent the contents from belling agitated oir exposed t. open air Tin the process .ff iremovall or transportation„ 3„ Any tank, velhiiclle, oir other apparatus used Tin the tiransp.irtiing of the contents firoimu any such facility must. Ibe m lintalined and o>uperated iin such a. manner as to avoiid the eirniissiion of fifensiiv fumes or the shiilllliing cur (loss of any unsanitary offffensiive substance... 4. IIt its unllawffull foir any peirs.n to cause or penrniit any velhiiclle used ff, r scavengeir haulliing to stand oir remain at oir near any ipub11iic Ibuiilldiing or any resiidence or apartment, upon any street, hitghwy, or other publliic Ipllace for any (longer peiriiod of time than its actually requiired Tin the (loathing, conveyiing and unlloadiih of the contents thereof., ,. Any person, partnership, or corporation viiollatiing any of the piroviisiions hereof shall pay for any damages to the city sewer system as a result of the discharge of any of the rmateriialls above enumerated and for any of the maintenance cost liin reinrnoviing oir %slhiint those irnateiriialls out of the Iphipe and sewer system., (2013 Code, § 6,..3) (Gird.. 16, passed 1,,,,,25,,,,,1978,; Ord., t �, passed 2,,,,,25-.1982) Il::)enallty, see § 11 110.013 Lodging Tax pKNIA T A-5 A. t...ocaal lodgi g tax adopted. 1,, "The Ct.unciill hereby iimposes a Ilodgiing tax of 3% on the gross r ceiipts olbtaiiined fironrn the fuinniishiin for consiideiratiion of Ilodgiing at a hotell, irnotell, iroorniing house, touunst court, or resort, except where such fciilliitiies are (leased or rented fair a continuous period of 30 days or more. 2. Bed and breakfast irons are not subject to thiis tax. B. Report i', . d payment of tax. 1. Any person subject to the Ilodgiin, tax iiimpo sed hereby shall report the gross ireceiilpts heireiinlbefoire referred to the city wiithiin 15 days of the end of the month when collected and said report shall be accompaniied by payment iin full„ 2. Ilf the report end payment ,• f the tax its n.t made wiithiin 15 days as heireiin piroviided, an aut.irmatiic fine of $100 its hereby iimposed iin addiitiion to the tax and whiich its tau be paiid when the tax its paiid,. C. Records preserved for inspection. Coirmpllete records of all such gross receipts, collllectiions, and remittances shall be preserved for a period of 1 year and shall during sad year be open to iinspectiion and audit by the city. It Cottecti na thorized. Iln addition to anyother penalty, the city may collect by Ileg� II action, any Ir Y delliinquent tax, pllus 6% ilaterest thereon ind the cost of c.11llectiion, iinclluudiing ireasonalblle attt. rney's fees. II:::::::., L) sposftaorr of prceeds„ INliinety.tiive percent of the gross proceeds from the tax iimposed hereby shall be used by the city to fund a Ilocall convent + n or tourist bureau for the purpose of marketing and promoting the city as a tourist or convention center and 5%/% shall be used for the admiiniistiratiion of thiis section. (2013 Code, § 6,A.4) (Ord. 212, passed 1.....15.....1987; Ord. 216, passed 4......23.....198"7; Ord. 269, passed 8..... 11.....1989; Ord. 283, passed 8.....17.....1990; Ord. 349, passed 12.....15...1992; Ord. 370, passed 2.....10.....1994; Ord. 441, passed 12.....28...1995) Lg T A-6 TETRHYDROCANNABINOL PRODUCTS 110.200 Purpose And Intent 110.201 Definitions And Interpretations 110.202 License 110.203 Basis For Denial Of License 110.204 Prohibited Sales 110.205 Vending Machines 110.206 Self -Service And Storage 110.207 Responsibility 110.208 Compliance Checks And Inspections 110.209 Other Illegal Acts 110.210 Violations 110.211 Defenses 110.212 Signage And Age Verification 110.200 Purpose And Intent The purpose of thiis subchapter its to iregullate the sale of any product that contains tetirahydrocannabiinoll and meets the reetuhrements to be solid for human or anliiirmall consumption under M.S. § 151.72 (....1111 IIC product") for the fo1Howiiirng reasons:: A. The city irecogniiz s that, based on the irrnost relliiablle and up-to-date sciientliifiic evidence, the iintiroductiion of Ilegalliiz..ed 11-1111C products presents a Ipotentiiall thereat to the publliic health, safety, and welfare of the residents of Shakopee. II: „ .11 he city has the opportunity to be pr active and snake decliisiions that Will mitigate this thre t, reduce xp.surre f young peopooe tau 1f II NC prroducts, curtail the marketing of 111f11V....IIC products to young peoplle, and liimprove retailer c. rirnplliiance with exiistiirng Masses irellated to itHC products. C. A II ucall regullatory system for retaiilleirs of 1111-11..1C products its appir.piriiate tensure that such iretaiillers cormp00y with (laws and bushiness standards of the city of Shakopee to protect the heallth, safety, and welfare f our youth and other vullnerablle residents. ID„ M,.S,.§ 151,.72 r quiires 1111-11...NC iproduct retail rs to check the iidentiifiicatiion �.�f purchasers to verifyA r that they are at (least 21 years of age, comp00y with certain packagiin� and Ilabelliing ireguiiireirnents to protect children .and youth, and meet certain potency and serviing requiir.;irn•neints,. 11:::. State (law further authorizes the Miiirnnesota Board of Pharmacy to adopt product and testing standards liiirn part to curb the iilllle: gall sale and distribution of T0...1C products and to ensure the safety and corphairnce of commercially avalllablle TV.... C products liin the Stat of Minnesota. 117. State Oa d s not preempt muniiciipalliitiies firoim adoptiing and enforciirng Ilocall ordinances t�w� iregullat• ret .idlers of 'TUC products, liinc00udiing, but not Meinniited to, Ibusliiness Iliicensiing requiiirements„ 0. A Iliicensiiirng requiiiremeirnt for retailers that desire to sell .0"0....NC products will not uundully burden Ile wiitihmate busiiuness activities of such retailers who sell or distribute 1f11...NC products to adults but will allow the city to effectiivelly regullate the operation of Ilawfull busiinesses and diiscoura e viiollatiioirns of....0 0....IC product -related Il,• ws,. On makiing these findings and enacting this subchaptt ir, lit its the liintent f the city to facilitate responsible retaiill activities assocliiat d with TV..NC products by allllowiing Ilegall s Ile and access without promotiing iincreases liin use, and tdiscourage viiollatiions rf ..1f1f...1IC product rell :ted (laws, especiialllly those which prohibit or discourage the marketing, salle or distribution of ""II""II..NC products to undeira„ e persons, as defined heireiin„ (Ord,. 02022----0.2'7, passed 112----20----2022) • T A-7 110.201 Definitions And Interpretations If:=or the purpose of this subchapter, the fo1111 ,wing definitions shall applly unlless the context deadly indicates otherwise r requires a different meaning., IBUSIDDNII;;;;SS shallll mean the business of sel101iing ""II""II..iC products. CCII 111 AIIIRA1113111,,,..,111;; III,,,..,111 11 NVSII;E V111ODD1....A'I III INI„ Any faiilluure by an a1.p11iicarnf, or an aplplliiao„,nt."s associated business that owns, holds, owned or held a Iliicense issued by a governrmentall entity, of a coirmptance check or inspection, or viiollattiion of notther (law (iincllu_udiing but not Iliirniitted the Moratorium on TV....11C sales) or regullattiion rellatted tt. the sale of ..rIL...IIC, a ........ NC Iliic nse, or tobacco, tobacco products, !.!ind ttobacco.... rellated deviic s ()license issued under Section 110.055, et seq. Cr 1MP111......111ANCII;;;; CHECK u. ..rhe system used by the city or any other puuriisdiicttii win It. investigate and ensure that tth ,se ()licensed to sell ...1111....110 products are coirnpllyiing with the requiir merits of this subchapter or any state .ir fedeirall (law or regullattiion„ COMIP111...,,IIIANCE CHECKS shall iinvollve the use of )peasorns under the age of 21 as authorized by this subchapter or state (law„ C +IMIP111...,,IIIAIINICII;;;; CHECKS shall a11s mean the use of persons under the age of 21 whs attempt to purchase 1111-11...1C products for eduucatiionall, research, and training purposes as authorized by state or federal) (law,. I0....,111 C II;;;:IN IIIE, 111°°III • III,,,,JI II;;; IR 0111 111......111CIEENSEII;;;; means the .weer of a buusiiness ()licensed to sell "T"II....iC products. urn PIIR®Duc"r means any product that contains ttettrahydrocannalbiinoll and that meets the requirements to be solid for human or animal consumption under IM.S,. § 151,."T2,. 1M VIIf;;;A1113111,,,..,111;; 01!)111.....ACllf;;; OF Ilf3.'SIIIIINIIIfESS Any bush ss operated out of a truck, vain, auttormolbiille, cart, or other vehicle or ttranslporttablle shelter and not at a fixed address, store front, or other !permanent structure authorized for sales transactions., III°)IIF nVIS111' INIAIII,,,,, "' III°°Illrf 111...,,IIICII ,IN➢SIE.., A ()license issued to a business that has had a Cornparalblle 0.....,license Viiollabon lin the previous 5 years, but rn wtt liin the previous 3 years. IIftII;;;''Ii"'Allllll...... II;;;;S"'1i"'AII1311t.....1IIS111 IIMII;;;;N"'1i"' means any pllace of business where "1111.11C 11°°'rr.ducts are avaiillablle for sale to the general pudic iinclluudiinng but not Iliirmiitted to grocery stores, conveniiencf store, gas sttQ fiiorns, and restaurants provided that such esta1blliislhrmentts Ilso holds a (incense issued by the City of Shakopee to sellll ellecttronuc delluvery devices, tobacco, tobacco !productts, nd ttohacco....rellatted devices.. SA111.....111E means any transfer of goods for irmt.ney, tirade, barter or other cornsiidration. SIIIII;III,,,,,11f::::'....!SIIIII;IIRVIIICIIIII; MERCEIIIANIDOISIONG means open diispllays of ....... iC products iirn any manner where any person shall have access to the 1f.11. 11C products without the assistance or intervention of the ()licensee or the Illiicernsee"s eumplloyee.. The assistance or intervention shall entail the actual physiicall exchr nge of the "11""00....11C !products between the customer and the Illiicense-r or ermplloyee„ SII;;;III,,,..,11F-SEIRVIIICII;;; II IIIII IIRCIII1AINVIIf OISIIIN does nott iincllude vending machines., "'I 111°IIIC II.... IICIE NSIIE., A ()license issued to a Ibusiiness that has not had Cormparahlle License Viiollattii+ n liin the Previous 5 years. VII;;;;IINVII)IIIIINVG IMACIII°°IIIIIIINVIEE means any mecharniicall, ell cttriic or ellectronlic, or other type of device which dispenses I....°NC products upon the insertion of rnn.ney, tokens or other foam of !payment directly into the machine by the Ipersn seeking to purchase the TII..NC product and iinclludes any such device equipped with mechanical, ellectric, or ellecttroniic....Iloclkiing devices., (02022....027, (passed 12,,,,,20,,,,,2022) 110.202 License T A-8 No person may sell offer to sellitC products without first haviing btalined a °license to do so fir the city n compllir;ince with thlis subchapter. A. Ap licatto Ain appticatlion for a °license to sell TIFIC products shall be made on a fonrn provided by the city., The apptication shall contain the full name of the appIllicant, the appIllic4int's residential Ind bushiness addresses and tellephone numbers, the name of the busliness for whiloh the °license s sought, and any additional linf rimatlion the city deems necessary., Upon receipt of a complleted appIllictlion, the City Cllerk shall forward the appIllicatlion to the city. Of the City Cllerk determides an appOlication lis lincompllete, he or she shall return the appOlication to the appIllicant with notice of the linfonmation necessairy to make the apphcat in cornpllete. 113., Actio „ The City Council° may &their approve or deny the °license, or lit may dellay action for a reas nablle perli d of time as necessairy to compllete any linvestligatlion of the appIllication or the appIllicant. Of the City Council° approves the °license, the City Cllerk shall ssue the °license to the appIllicant. Of the City Council denlies the °license, notice of the denliall shall be gliven t the appIllicant allong with notice of the appIllicants rhght to appeal the City C uncirs decson C., Term„ °Each °license wii011 be ssued for a peril d of 1 calendar year., Of the app011oatlion lis made durlin °license year, a °license may be ssued for the remainder f the °licensed year on a pro rata baslis. Any unexplired fraction of a month shalt be counted as a compkite month., Every license expires on Dec ,mber 31 of the °license year., Revocatio or s spensio „ Any °license ssued under thlis subchapter may be revoked or suspended as proviided for lin this subchapter. Tra sfers. A1111 °licenses are valid onlly on the premlises for which the °license was ssued and onlly for the person to whom the °license was lissued. No transfer of any °license to another 11. cation or person shall° be valid without the prlior approval of the City Council. Moveable place of b s ess. No °license shall be ssued t a moveablle pace of bushiness., Onlly fixed 11 cation buslinesses sh be egbe for Illicensling under trills subchapter., G. Display„ A1111 fie nses shall° be posted and dlispllayed lien plIalin \thew of the generapubIllic in the. Illicensed premlise. 1. Renewals. The rtnewall of a °license ssued under this subchapter shall° be hnded in the same manner as the orilglinall appIllication. The request for renewal shall° be made at °east 30 days but not more than 60 days before the expliration of the current °license., itibe lissuance of a °license lissued under thlis subchapter shalt be c nsidered a priiviillege and not an absollute light of the appIllicant and shall not entitle the Illicenste to an automatic rene all of the °license., Fees„ No °license shall° be ssued under this subchapter until the appropriate °license fee has been paid n ful111., iss ed o dy to Tobacco Licensed Holder.. A °license to THIC products Will onlly be ssued to a retail estabIllishment that has a valid °license to sell° ellectronlic delliivery devlices, tobacco, t...bacco products, and t bacco-rellated devides under Section 110.057 of the City Code., T A-9 K. Ins nal pro gram. 1,. No person shall be iissued a Iliicense ir renewal Iliicense to sell 1111-11C products unlless an applliicant or Iliicense hollder has an approved program for iinstructling all ermplloyees regarding the Ilegall requiirerments Ipeirtaiiniing to the sa11e f ell ctroniic delliiveiry deviices, tobacctr, tobacco products, t bacc,.,.....r,llated deviices, aind ...11....1E NC, products at the busiiness 1preinmiises for whiich the Iliicense was iissued,. "The iinstiructiionall program shall iincUude, but its not Iliiinmiited to, reviiewiing the Ilaw Jsin the sa11e of ellectironiic delliivery deviices., tobacco.... rellated pr ducts, and ...11....II NC product s and the Ilaw regarding the reyuiirernent •off puurch sears to establliish piroof off age.. 2„ No Iliiceinse shall be liissued unlless the appllliicnt or Illiicense hollder siigns a form attesting that each ernplloyee of the applliicairnt or Iliicense hollder has recelived tiraiiniin and iinstructiion on the sale f ellectirsnit delliiveiry deviices, tobacco, tobacco products, bacco.....rellated deviices, and ..11....II.....NC products and the date such traiiniing occurred...The traiiniing shall iinfforrmatii,n that the .sale of such products to persons under the age f 21 its ii1111ega11, expllana liion • f what piroof of age its Ilegalllly acceptable, aind that a sale to persons under the age •f 21 can subject the aplpllliicant or Iliicense hollder aind theft ernlplloyees to criiirmiinall and ciiviill Iliialbiilliity,. II....... Sipe by rrrpnors. No rnniinor may fuirniish, sellll, or attempt to sellll f llecffroniic delliiveiry deviices, tobacco, tobacc.r products, and tolbacco.....rllated deviices unlless riitten consent has been obtaiined from the irmiinor°s parents,. Such riitten consent irmust iincllude a statement of the potentiiall pernalltiies that can be iirnlposed urnd r thiis subch pter. M. Proof of age..Any sale of....11...II.....NC shall not take place unless the Iliicensee requiires any purchaser who appears to b under the age of 30 to estabIllish proof of age by 1 of the methods establliished by (law for the purchase of allcoholliic (beverages„ (02022.....027, passed 12.....20.....2022) 110.203 Basis For Denial Of License A. IIff a Iliicense its rnmliistalkenlly iissued or renewed to a person, lit rn•nay be rev Iked upon the discovery that the person was iiinewlliiyiilblle for the Iliicense under thus subchapter. kNtipplIy A-10 113. "The foll Wing are grounds for denylIng the lissuance or renewall of a Ilicense under this SUbchapter: 1. The appIllic4nt s under the age of 18 years; 2. The appIllicant has been convitt d withlIn the past 5 yeas f any vlIollatiOn of a fed rall, state, .r llocall Ilaw, ordnance proviislion, or other regullatiOn ir0ating to"1"1-1C products; 3. "The appIllIcant has had IllIcense t sell 11-11-1C products revoked withlIn the precedIng 24 months of the date of appllitatlion; 4. "The appIllIcant fails to parrviIde any fallse or milsIleadlIng linformafion; 5. The appIllicant has outstandng fines, penallfies, fees or taxes Uttes Coin county or state; 6. The appllitant s prohibited by federall, state, or other II re n fr m holldlIng a IllIcense; 7. The appllitant does not holld a IllIcense to sell ellectronlic delliivery devites, tobacco, tobacco products, and tobacco-rellated devlices lin the City of Shakopee; or ,01 lInformation requiIred on the appIllIcatlion, or proviIdes ed to the city, ClItylPulbIllIc Ilaw, ordinance, or 8. The appIllic nt has had a Comparablle the previbus 3 years. heir C. Except as may otherwise be proviIded by Ilaw, the exiistence of any Iparticullar ground for denliall, however, does not mean that the city must deiny the IllIcense. a Of a Illicense lis milstakenlly lIssued or renewed to a person, t shall be revoked upon the thscovery of the ellligibillity of the appIllicant for the Illicense under thlIs subchapter. (02022-027, passed 12-20-2022) 110.204 Prohibited Sales Ilt shAll be a vibllatlion f thlIs subchapter f r any person to sell or offer to sell any THIC product as follows: A. To ainy pers ,n under the age of 21; B. By means of a vendlIn machlIne; C. By means f self-serviIce merch4dndlIslIng; 111 Through ainy mobile or non -permanent structure, or EE. By any otheir means, to ainy other person, or n any otheir manner •r form prohliblited by federall, state, or other II call Ilaw, ordinance proviIslI (02022.....027, passed 12-20-2022) 110.205 Vending Machines Ilt shall be unllawfull for a IllIcensee to allow the s (02022-027, passed 12-20-2022) 110.206 Self -Service And Storage 01 10, n, or other regullatlIon. Ile of products by means of a vendlIng machline. Riutilly A-11 lit shall be unhawfull for a ficensee to allow the sale of TIHC products through sellf-serviice merchandlisling. All TIRO products shall either be stored lbehlind a counter oir lin another area n t fireelly accessiblle t customers without the linterventlion of store empll yee. This subchapter shall not apply to retail stores that derlive at least 90% •f theft revenue .firom ellectronlic dellivery deviices, tobacco, tob cco products, tobacco-rellated deviices, and TFIC products and where the retailers einsuirs that no person younger than 21 years of age lis present, oir permitted to ..,,nttr, at any time.. (02022427, passed 12-20-2022) 110.207 Responsibility All Illicensees shall be responsible for the actions of theft empll yees n regard to the sale of TIHC products on the Illicensed premlises. The sale of any such tern by an emplloyee sh.IV be conslidered a s Ile by the Illicenses holder and shall subject the Illicense holder to the penalties set forth lin this subchapter. NI titling lin thils subchapter shall be construed as prohibiting the City Council from also subjecting the empll re appropriate penalties under thlis code, state or feditrall haw, or other appIllicabll haw or regullatii n. (02027....027, passed 12-20-2022) 110.208 Compliance Checks And Inspections All Illicensed premlises shall be open to linspection by the city p Ike or other authorlized city offichalldurng regullar bushiness hours. From time to time, but at Ileast once per year, the city shall conduct comphilance checks by engaging persons over 17 years of age but under 21 years of age, to enter the ficensed prernlise to ttempt to purchase THIC products. Mlin rs used for the purpose •f complItance checks must have written consent of theft parents or guardians and shall be subtrvilsed by city deslignated haw enforcement officers or other designated city personnell. Minors used f r comphance checks shall not be gutty of unhawfull psssesson of THC products when such items are obtained as a part of the comphilance check. (02022- 27, passed 12-20-2022) 110.209 Other Illegal Acts Unless otherwise pr viided, the followling cts shall be a vliollatlion of this subchapter:: A. Sales„ For any person to sell or attempt t sell or furnish any THIC product to any person under the e of 21; Possessio IF:Or any person under the age of 21 to have in person's possession any TfiC pr duct, exchuding any mlin r Ilawfully linyollved lin a comphance check; C. Procure e t. For any person under the age of 21 to purchase or attempt to purchase or otherwise obtain .iny -11-111C product; for any person to purchase or •therwlise obtain any such item n behalf of a iperson under the age f 21; or for any person to c erce or attempt t coerce a pers” n under the age of 21 to purchase or otherwise obtain •r use 11-11-1C product in a manner contrary to haw, exchuding any iperson under the age of 21 Ilawfully linvollved in a compliance check. D. Use of false id tification. 11::::'or any person under the age of 21 ts attempt to disguise iberson's true a„. e lby the use of a frAse form of identification, whether the identification is that of another person or 1 on which the age of the person has been modified or tampered with to present an age ()Oder than the actual age of the person; and Riutilly A-12 II:::::,. Sa For any person to c{ jirnsuirne a "11-1111C product liin a Iliicens d estab11iishirment for any purpose, iinclludiing, but not Iliirniited to, the purpose of a1111owiing a eusl arneir or Ipotentiiall customer to sairnplle a ..If"'11°° iC product. (02022„ 02"7, passed '12....20, 2022) 110.210 Violations A. Not/ce.. The city shall Tissue a notice of viiollatiion to any Illiicensee or iindiiviiduuall suspected of viiollatiing any ipr uviisiion of tlhiis subchapter or any other II w, r.:gullatiion, or Illiicernse condition rellated t the (bushiness holldliing the Iliicense under tlhiis chapter. The n.tiice of viiollatiion shall be served Ipersonalllly or by imaiill,. The notice shall contain the alleged viiollatiion and a statement concerniirng the might to a (hearing.. 11::3.. Heaaa'! g.. Of a iperson accused .f viiolla.tiiing tlhiis subchapter srequests, a healing shall be schedulled (before a hearing office at a time and pllace wlhiiclh shall be Ipulblliished and ipr viided to the accused viillator,. C. Heaarig Officer. "The Ciity Council shall serve as the II....Neariing Offiiceir Tin any healing requested under tlhiis subchapter. ID. !,)ecisiorr,. 11°°°o1111owliirug the heading, it the Oily Counciill deterrmiines Iby a preponderance of the evidence that a viiollthorn of trills subchapter occurred, that deciisiion, along iith the Ciity Counciill"s reasons .for fiindiing a viiollatiion end the admniiniistratiive Ipenallty to be iimlposed under § 110.999 (C), shall be recorded Tin writing, a copy of wlhiiclh shall be provided to the viiollator,. Of the City Council finds that no viiollatiion occurred, such finding shall the recorded and a copy iproviided to the Iliicensee.. II......... d/ctal Any fiinall deciisiit.n by the Ciity Councliill under tlhiis subchapter inay be reviewed iin the manner and procedure auth{rriized by state (law.. F. Prosecutio r. Nothing In this subchapter shall Iprohiibiit the oily fir irm seelkiing prosecution f.r any alleged viiollatiion,. (02022.42.7, passed 12,,,,,20,,,,, 110.211 Defenses Ilt shall be n ff rimatiive defense to a charge of viiollatliing this subchapter that the Illiicensee or an einnlplloyee of the Iliiceirnsee irelliied Tin good faiith on proof of age iirn the irnn weir ireguihred by state (law for the purchase of allcoholliic beverages. (02022,,,,,02'7, passed 12„,,,20,,,,,2022) 110.212 Signage And Age Verification A.. Signage. At each Ilocatiion ^here "1f11....IC products are solid, the Illiicens :e shall dliispllay a siign Tin Oar" viiew to provide ipubllliic notice that selllliing any of these products to any iperson under the age of 21 ii s iillllegall and subject to penalties. "fihe notice shall be paced Tin a conslpiicuous Ilocatiion Tin the (incensed establliislhirment and shall be r adHy viisiilblle to any ipeus n who its ipurchasiing or attempting ter purchase these products. The siign shall provide notice that all ipers.ns ireslponsiilblle f.,r selllliiirng these products must verify, Iby means of photogiralphiic iidentiifiicatiion cirntaiiniing the Ibeaireir°s date f Ibiiirtlh, the age of any person under 30 years of age. tlly A-13 la, Age Verifica i At each llocatilon where-011C products are solld, the Ilicensee shall \telly, by means of government -issued photographic ildentlificatilon contallnilng the bearer's date of Ibilrth, that the purchaser or person ,Ittemptling ti make the purchase is t Ileast 21 years of ,:,,1:ge.. Vedicatilon ils not required lif the purchaser or person attemptilng to make the purchase lis 3() years of age ,r •Oder., Ilt shall not constiltute a defense of .il vilollatilim of thils sectilon that the person appeared to be 3C) years of age or Oder., (02022-027, passed 12-20-2022) kNutillIy A-14 ORDINANCE NO. 2022 - 021 AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON THE SALE OF CANNABIS PRODUCTS AND AUTHORIZING STUDIES REGARDING SUCH PRODUCTS The City Council of the City of Shakopee, Minnesota ordains: Section 1. Legislative Findings and Authority (A) There is a great deal of uncertainty regarding the effect of Minnesota Laws 2022, Chapter 98 amending Minnesota Statutes, section 151.72 (the "Act") to allow the sale of edible cannabinoid products ("Cannabis Products"). (B) Because the proposal to allow the sale of Cannabis Products received little publicity until the Act went into effect on July 1, 2022, the City of Shakopee did not have an opportunity to study and consider the potential impacts of the Act or to engage in policy discussions regarding the potential regulation of the sale of Cannabis Products in the City. (C) The Act authorizes the Minnesota Board of Pharmacy to enforce the Act, but the Act does not provide for any licensing of businesses that manufacture Cannabis Products or of businesses that sell Cannabis Products and is also silent regarding the enactment of local regulations related to Cannabis Products. (D) The Act does not expressly prohibit or limit local regulations, but the regulations established in the Act clearly do not constitute the Legislature having occupied the field of regulation regarding the sale of Cannabis Products. (E) The City Council finds the uncertainties associated with the sale of Cannabis Products, as well as the options of local regulation, strongly suggests the need for a study to develop information the City Council may use related to potential regulation of the sale of Cannabis Products through the adoption of licensing and zoning controls. (F) Pursuant to Minnesota Statutes, section 462.355, subdivision 4(a), the City Council is authorized to adopt an interim ordinance "to regulate, restrict, or prohibit any use ... within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective." (G) The City Council is also authorized as part of its general police powers to adopt business licensing requirements related to the sale of Cannabis Products. 1 HBIT B-1 (H) The Minnesota Supreme Court in Almquist v. Town of Marshan, 245 N.W.2d 819 (Minn. 1976) upheld the enactment of a moratorium despite the lack of express statutory authority as being a power inherent in a broad grant of power to municipalities. The enactment of business licensing requirements is based on a city's police powers, which is the broadest grant of power to cities. Inherent in that broad grant of authority is the power to place a temporary moratorium on a business to study and potentially implement licensing regulations on that business. (I) There are both licensing and zoning issues associated with the sale of Cannabis Products. The City Council determines that it needs time to study the matter and to consider the development and adoption of appropriate local regulations. To protect the planning process and the health, safety, and welfare of the residents while the City conducts its study and the City Council engages in policy discussions regarding possible regulations, the City Council determines it is in the best interests of the City to impose a temporary moratorium on the sale of Cannabis Products. Section 2. Definitions. For the purposes of this Ordinance, the following words, terms, and phrases shall have the meanings given them in this section. (A) "Act" means 2022 Minnesota Session Laws, Chapter 98 (H.F. No. 4065), amending Minnesota Statutes, section 151.72. (B) "Cannabis Products" means Edible Cannabinoid Product and any other product that became lawful to sell for the first time in Minnesota effective July 1, 2022, as a result of the adoption of the Act. (C) "Edible Cannabinoid Product" has the same meaning given the term in Minnesota Statutes, section 151.72, subdivision 1(c). Section 3. Study. The City Council authorizes and directs the city administrator to conduct a study regarding Cannabis Products and provide a report to the City Council on the potential regulations relating to the sale of such products. The report shall include recommendations on whether the City Council should adopt regulations and, if so, the recommended types of regulations. The study shall consider, but is not limited to, the following: (A) The potential impacts of the sale of Cannabis Products within the City; (B) Licensing the sale of Cannabis Products and related regulations; and (C) Zoning regulations related to the sale and distribution of Cannabis Products. Section 4. Moratorium. A moratorium is imposed within the City regarding the sale of Cannabis Products. No business, person, or entity may sell Cannabis Products to the public within the jurisdictional boundaries of the City during the period that this Ordinance is in effect. The City shall not accept, process, or act on any application, site plan, building permit, or zoning or other 2 PI IBIT B-2 approval for a business proposing to engage in the sale of Cannabis Products during the period that this Ordinance is in effect. Section 5. Exceptions. The moratorium imposed by this Ordinance does not apply to the sale of medical cannabis or hemp products that were lawful to sell prior to the effective date of the Act. Section 6. Enforcement. Violation of this Ordinance is a misdemeanor. In addition, the City may enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction. Section 7. Effective Date and Term. This Ordinance is effective upon adoption and publication in the City's official newspaper. This Ordinance shall remain in effect until December 31, 2022, or until the City Council expressly repeals it or until the effective date of an ordinance amending the City Code to address Cannabis Products, whichever occurs first. Section S. Severability. Every section, provision, and part of this Ordinance is declared severable from every other section, provision, and part of this Ordinance. If any section, provision, or part of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this Ordinance. Passed in regular session of the City Council of the City of Shakopee, Minnesota held on the 16th day of August 2022. Attest: Lori 02 „00 k1\11111�ti.„. e rk: Mayor of the City of Shakopee Published in the Shakopee Valley News on the 27th day of August, 2022. 3 PExm IT B-3 Incident Report 22026025 - MN0700400 Page 1 of 7 SHAKOPEE POLICE DEPARTMENT INCIDENT REPORT 475 Gorman Street Shakopee, MN 55379 Phone: (952) 233-9400 ICR# 22026025 AGENCY ORI# MN0700400 JUVENILE: Reported: 11-17-2022 0826 First Assigned:0826 First Arrived:0826 Last Cleared:0827 Committed Start: Committed End: Title: Compliance Checks How Received: Officer Initiated Summary: Business is in violation of city ordinance by selling THC/CBD consumables. See report. JD67 Location(s) TOP STAR MARKET Address: 615 MARSCHALL RD City: Shakopee State: MN Zip: Country: Officer Assigned: Davis, Josh Badge No: JD67 Primary: Yes Involvement: Subject Name: TOP STAR MARKET Address: (Business) 615 MARSCHALL RD City: SHAKOPEE State: MN Zip: 55379 Country: US Phone: (Business) (952)233-4545 Involvement: Suspect Name: DOB: 06-17-1991 Manasra, Sined Adel Age: 31 Address: (Residence) 1701 GOTLAND LN City: SHAKOPEE State: MN Zip: 55379 Country: Phone: (Home) (763)614-0518 Phone: (Work) (952)233-4154 Phone: (Cell) (763)614-0518 T C-1 https ://scottcounty.prd.letg. com/letg/Applications/Incident/ReportControls/IncidentReport. a... 2/7/2024 Incident Report 22026025 - MN0700400 Page 2 of 7 Supplemental Report ICR: 22026025 Title: Compliance Check - JD67 Last Modified: 10-16-2023 1103 Created By: Josh Davis SHAKOPEE POLICE DEPARTMENT INITIAL REPORT Sergeant Davis #67 11/17/2022 Audio Stmt: N Photos: Y Squad Video: N - Sqd # Body Camera: N On 11/17/2022, Shakopee Officers conducted THC (Tetrahydrocannabinol) compliance checks for businesses in the City of Shakopee. On 8/16/2022, the Shakopee City Council adopted Resolution R2022-108 which established City Ordinance 2022-021. Per section 4 of the city ordinance: "No business, person, or entity may sell Cannabis Products to the public within the jurisdictional boundaries of the City during the period of that this Ordinance is in effect." Per Minnesota State Statute 151.72; Edible Cannabinoid Products are defined as "Any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug." The ordinance was established on August 16th, 2022 and remains in effect until December 31st, 2022. On 11/16/2022, I was made aware of an inspection completed by Scott County between November 7th and l lth in the City of Shakopee. According to Scott County - Top Star Market was in violation of the ordinance by actively selling THC edible products. The notes from the Scott County state: "This location is currently selling Delta 8 and Delta 9 THC gummies. Possible that they are selling more cannabinoids variant THC gummies, but did not show them. They plan to continue selling until someone enforces it" On 11/17/2022 at approximately 0915 hours, Officer Filan, Officer Godfrey and I, Sergeant Davis went into Top Star Market and confirmed the active sales of multiple forms of THC/CBD edible products. All three Officers were wearing plain clothes. Photos were taken of the products and are attached to this report. I identified myself as a police officer and showed the employee by badge. I provided the employee with a copy of the Ordinance and Resolution. I also provided them with my business card and case number. The male employee appeared to be the manager or owner of the establishment. After answering questions about the ordinance, I ordered the employee to remove the products. End of report. JD67 T C-2 https ://scottcounty.prd.letg. com/letg/Applications/Incident/ReportControls/IncidentReport. a... 2/7/2024 Incident Report 22026025 - MN0700400 Page 3 of 7 T C-3 https ://scottcounty.prd.letg. com/letg/Applications/Incident/ReportControls/IncidentReport. a... 2/7/2024 Incident Report 22026025 - MN0700400 Page 4 of 7 Supplemental Report ICR: 22026025 Last Modified: 10-16-2023 1104 Title: Follow-up #1 - JD67 Created By: Josh Davis SHAKOPEE POLICE DEPARTMENT FOLLOW UP REPORT Sergeant Davis #67 12/2/2022 Audio Stmt: N Photos: Y Squad Video: N - Sqd # Body Camera: N On 11/30/2022, I, Sergeant Davis conducted follow up checks at Top Star Market. I utilized the assistance of Agent Etienne from the Southwest Metro Drug Task Force. Agent Etienne entered the store and determined it was still in violation of the moratorium by actively selling Edible Cannabinoid Products. At approximately 1412 hours (the receipt says 1512 hours) Agent Etienne purchased a package Urb Vegan Gummies for $45.00. The product is derived from Delta 10 THC and Delta 8 THC and according to the packaging has 35 pieces containing 50 mg of THC per piece. The total THC in the package is 1,750 MG. ptiNIA T C-4 https ://scottcounty.prd.letg. com/letg/Applications/Incident/ReportControls/IncidentReport. a... 2/7/2024 Incident Report 22026025 - MN0700400 Page 5 of 7 N mio 5mm Illllllmv III u w hullhpli IuPNN00dpll;l' mAsKET w tihybt,FA%JO 4` .tDCI 45 -00 ,uooro.n' oor ***4dn ant stated Nei Minnesota State Statute 151.72 subd 5a (f) restricts the legal dosage size as follows: (f) An edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. Additionally, Chapter 171.72 subd 5 lists the labelling requirements for such a package. Subd. 5.Labeling requirements. (a) A product regulated under this section must bear a label that contains, at a minimum: (1) the name, location, contact phone number, and website of the manufacturer of the product; (2) the name and address of the independent, accredited laboratory used by the manufacturer to test the product; and (3) an accurate statement of the amount or percentage of cannabinoids found in each unit of the product meant to be consumed. T C-5 https://scottcounty.prd.letg.com/letg/Applications/Inciden /ReportControls/IncidentReport.a... 2/7/2024 Incident Report 22026025 - MN0700400 Page 6 of 7 The packaging does not provide any of this information but instead provides a QR Code on the side of the package. The user is directed to https://stc.sca:ntrust.com which is part of hflps.. Lli to n a e c rl . The primary website of Liftedmade is a nonworking website. The original scantrust site shows some product details but does not meet most of the labeling requirements listed above or any of the laboratory requirements listed above. The sale of this product is not only in violation of the moratorium but it is also in violation of Minnesota State Law. On 12/2/2022, I filed a complaint with the Minnesota Board of Pharmacy. Attached to this report is a copy of that complaint form. The products was photographed and secured into evidence at the Shakopee Police Department. End of report. JD67 T C-6 https ://scottcounty.prd.letg. com/letg/Applications/Incident/ReportControls/IncidentReport. a... 2/7/2024 Incident Report 22026025 - MN0700400 Page 7 of 7 Supplemental Report ICR: 22026025 Title: Follow-up #2 -JD67 Last Modified: 10-16-2023 1104 Created By: Josh Davis SHAKOPEE POLICE DEPARTMENT FOLLOW-UP REPORT Sergeant Davis #67 12/5/2022 Audio Stmt: N Photos: N Squad Video: N - Sqd # Body Camera: N On 12/5/2022 I, Sergeant Davis hand delivered a letter to Top Star Market. The later documented their continued violation of city ordinance and state law. I explained the state law to the male employee and again pointed out edible products on their shelves which were in violation of state law. A copy of the letter is attached to this report. Nothing further. End of report. JD67 ptiVA T C-7 https ://scottcounty.prd.letg. com/letg/Applications/Incident/ReportControls/IncidentReport. a... 2/7/2024 1'M�'Mlliunmimi i 1111111111111111111111111111111111111111 � flllarWll�I 11'�I�1��I�I''' , 10 l 11 11111111111111111,1,111111111 IIIIIIIIIII '...-eu ,I �� PYNN�'IYVININI nuuu�ll iii� ' I fN111111! ii,,,, iiip IIIiI�1i;; l IIIIII111111 IIIIII'- aI�II�uIGll�i�(�hI�IIV�I�u, , �� VIA' °°�"' gtiV,�� NI�NipJllllll,ll,lllllll IIIIIII ° '; �uVl,��ul°vuu!Yai�nYl 9�IJ7'bfl4�Y°YNI�A ),Vl�l II„{t� J % ! %/%%/ 1��///l/ %� � l4„ .1`# fIJI1l11J11111111�1�1J11/ll f,, ,/,, 4. /////, y�%///r/%iii a opii4 /l. /l.i...,/.,1_....1�111.........J111/1/l0/ ..O//,�/OD_,...ri . . �I°IIIIIIIIIIIIIV !""0'"'IfiIIIIIIoIIINulalluuui� VNIIV��(i�ll llllllllllluuuuu 6 1 MINNESOTA STATUTES 2022 151.72 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given. (b) "Certified hemp" means hemp plants that have been tested and found to meet the requirements of chapter 18K and the rules adopted thereunder. (c) "Edible cannabinoid product" means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug. (d) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 3. (e) "Label" has the meaning given in section 151.01, subdivision 18. (f) "Labeling" means all labels and other written, printed, or graphic matter that are: (1) affixed to the immediate container in which a product regulated under this section is sold; (2) provided, in any manner, with the immediate container, including but not limited to outer containers, wrappers, package inserts, brochures, or pamphlets; or (3) provided on that portion of a manufacturer's website that is linked by a scannable barcode or matrix barcode. (g) "Matrix barcode" means a code that stores data in a two-dimensional array of geometrically shaped dark and light cells capable of being read by the camera on a smartphone or other mobile device. (h) "Nonintoxicating cannabinoid" means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. Subd. 2. Scope. (a) This section applies to the sale of any product that contains cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended for human or animal consumption by any route of administration. (b) This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to sections 152.22 to 152.37. (c) The board must have no authority over food products, as defined in section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from hemp. Subd. 3. Sale of cannabinoids derived from hemp. (a) Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met, provided that a product sold for human or animal consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f). (b) No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended: (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or (2) to affect the structure or any function of the bodies of humans or other animals. Official Publication of the State of Minnesota Revisor of Statutes watt IT E-1 151.72 MINNESOTA STATUTES 2022 2 (c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. (d) Products that meet the requirements of this section are not controlled substances under section 152.02. Subd. 4. Testing requirements. (a) A manufacturer of a product regulated under this section must submit representative samples of the product to an independent, accredited laboratory in order to certify that the product complies with the standards adopted by the board. Testing must be consistent with generally accepted industry standards for herbal and botanical substances, and, at a minimum, the testing must confirm that the product: (1) contains the amount or percentage of cannabinoids that is stated on the label of the product; (2) does not contain more than trace amounts of any mold, residual solvents, pesticides, fertilizers, or heavy metals; and (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. (b) Upon the request of the board, the manufacturer of the product must provide the board with the results of the testing required in this section. (c) Testing of the hemp from which the nonintoxicating cannabinoid was derived, or possession of a certificate of analysis for such hemp, does not meet the testing requirements of this section. Subd. 5. Labeling requirements. (a) A product regulated under this section must bear a label that contains, at a minimum: (1) the name, location, contact phone number, and website of the manufacturer of the product; (2) the name and address of the independent, accredited laboratory used by the manufacturer to test the product; and (3) an accurate statement of the amount or percentage of cannabinoids found in each unit of the product meant to be consumed. (b) The information in paragraph (a) may be provided on an outer package if the immediate container that holds the product is too small to contain all of the information. (c) The information required in paragraph (a) may be provided through the use of a scannable barcode or matrix barcode that links to a page on the manufacturer's website if that page contains all of the information required by this subdivision. (d) The label must also include a statement stating that the product does not claim to diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United States Food and Drug Administration (FDA) unless the product has been so approved. (e) The information required by this subdivision must be prominently and conspicuously placed on the label or displayed on the website in terms that can be easily read and understood by the consumer. (f) The labeling must not contain any claim that the product may be used or is effective for the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function of human or animal bodies, unless the claim has been approved by the FDA. Official Publication of the State of Minnesota Revisor of Statutes PEM U IT E-2 3 MINNESOTA STATUTES 2022 151.72 Subd. 5a. Additional requirements for edible cannabinoid products. (a) In addition to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid must meet the requirements of this subdivision. (b) An edible cannabinoid product must not: (1) bear the likeness or contain cartoon -like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2) be modeled after a brand of products primarily consumed by or marketed to children; (3) be made by applying an extracted or concentrated hemp -derived cannabinoid to a commercially available candy or snack food item; (4) contain an ingredient, other than a hemp -derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food; (5) be packaged in a way that resembles the trademarked, characteristic, or product -specialized packaging of any commercially available food product; or (6) be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product. (c) An edible cannabinoid product must be prepackaged in packaging or a container that is child -resistant, tamper -evident, and opaque or placed in packaging or a container that is child -resistant, tamper -evident, and opaque at the final point of sale to a customer. The requirement that packaging be child -resistant does not apply to an edible cannabinoid product that is intended to be consumed as a beverage and which contains no more than a trace amount of any tetrahydrocannabinol. (d) If an edible cannabinoid product is intended for more than a single use or contains multiple servings, each serving must be indicated by scoring, wrapping, or other indicators designating the individual serving size. (e) A label containing at least the following information must be affixed to the packaging or container of all edible cannabinoid products sold to consumers: (1) the serving size; (2) the cannabinoid profile per serving and in total; (3) a list of ingredients, including identification of any major food allergens declared by name; and (4) the following statement: "Keep this product out of reach of children." (f) An edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. Subd. 6. Enforcement. (a) A product regulated under this section, including an edible cannabinoid product, shall be considered an adulterated drug if: (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; (2) it has been produced, prepared, packed, or held under unsanitary conditions where it may have been rendered injurious to health, or where it may have been contaminated with filth; Official Publication of the State of Minnesota Revisor of Statutes PEMIci IT E-3 151.72 MINNESOTA STATUTES 2022 4 (3) its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; (4) it contains any food additives, color additives, or excipients that have been found by the FDA to be unsafe for human or animal consumption; (5) it contains an amount or percentage of nonintoxicating cannabinoids that is different than the amount or percentage stated on the label; (6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f); or (7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, or heavy metals. (b) A product regulated under this section shall be considered a misbranded drug if the product's labeling is false or misleading in any manner or in violation of the requirements of this section. (c) The board's authority to issue cease and desist orders under section 151.06; to embargo adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under section 214.11, extends to any violation of this section. 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'; IIII IIII 00 I11 lr, ll �fll�l m'l �Im000 IIIIIII 11V111 �IVIII IIIIIIIIIIII,,,1111111111 yy uu m ouuuuuuuum I �f 111111111111 100011111vuuu 1110ol l 1 �H llIllll l IbiV �I 11000llIIIII Imll0000nuuoqul IIIII /�1NI1I11II1IIIIIIIIII mu III IIIIIII III��II/I�II�IMIIII%IIII/I�I%I�IIlI�l�lluilmI�rp l�lw 0000010 1,11 10),)011110 IVII"IIIIh°III11,11111111111111111111111 111 llllll�0lHIIIIN,IIu i1i�11'l110001,0000i110 lHI dlp1l 11, ,IIIIIMI'IIIlulllullu Ili, 111111111111111111111111111111111111111111 ll l v l lu4d yl�tlu1Ig °I Il 11 11lu i� ,lll��llguuIl°h II1IuuIIVuIuuuuuVul1111 11IIIII 111111111111111111111111111111111 1°IIp11 I1l�ilollloilIIIIIII'' l�lll�llll1l�l11 l�uull,, lllI�I11111111u Illllllil"lI'iIiI u ii1 ll 1,11, llppmlm111Puuuml1mIIy11 1I'��VIIIll:111001�0)111111,1)1,1111111111111� p(4if�/III'llllllllllll'/�/U l 1 MINNESOTA STATUTES 2021 151.72 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given. (b) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 3. (c) "Labeling" means all labels and other written, printed, or graphic matter that are: (1) affixed to the immediate container in which a product regulated under this section is sold; or (2) provided, in any manner, with the immediate container, including but not limited to outer containers, wrappers, package inserts, brochures, or pamphlets. Subd. 2. Scope. (a) This section applies to the sale of any product that contains nonintoxicating cannabinoids extracted from hemp other than food that is intended for human or animal consumption by any route of administration. (b) This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to sections 152.22 to 152.37. Subd. 3. Sale of cannabinoids derived from hemp. Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids may be sold for human or animal consumption if all of the requirements of this section are met. Subd. 4. Testing requirements. (a) A manufacturer of a product regulated under this section must submit representative samples of the product to an independent, accredited laboratory in order to certify that the product complies with the standards adopted by the board. Testing must be consistent with generally accepted industry standards for herbal and botanical substances, and, at a minimum, the testing must confirm that the product: (1) contains the amount or percentage of cannabinoids that is stated on the label of the product; (2) does not contain more than trace amounts of any pesticides, fertilizers, or heavy metals; and (3) does not contain a delta-9 tetrahydrocannabinol concentration that exceeds the concentration permitted for industrial hemp as defined in section 18K.02, subdivision 3. (b) Upon the request of the board, the manufacturer of the product must provide the board with the results of the testing required in this section. Subd. 5. Labeling requirements. (a) A product regulated under this section must bear a label that contains, at a minimum: (1) the name, location, contact phone number, and website of the manufacturer of the product; (2) the name and address of the independent, accredited laboratory used by the manufacturer to test the product; and (3) an accurate statement of the amount or percentage of cannabinoids found in each unit of the product meant to be consumed; or (4) instead of the information required in clauses (1) to (3), a scannable bar code or QR code that links to the manufacturer's website. Official Publication of the State of Minnesota Revisor of Statutes FEgXTI T G-1 151.72 MINNESOTA STATUTES 2021 2 The label must also include a statement stating that this product does not claim to diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United States Food and Drug Administration (FDA) unless the product has been so approved. (b) The information required to be on the label must be prominently and conspicuously placed and in terms that can be easily read and understood by the consumer. (c) The label must not contain any claim that the product may be used or is effective for the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function of human or animal bodies, unless the claim has been approved by the FDA. Subd. 6. Enforcement. (a) A product sold under this section shall be considered an adulterated drug if: (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; (2) it has been produced, prepared, packed, or held under unsanitary conditions where it may have been rendered injurious to health, or where it may have been contaminated with filth; (3) its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; (4) it contains any color additives or excipients that have been found by the FDA to be unsafe for human or animal consumption; or (5) it contains an amount or percentage of cannabinoids that is different than the amount or percentage stated on the label. (b) A product sold under this section shall be considered a misbranded drug if the product's labeling is false or misleading in any manner or in violation of the requirements of this section. (c) The board's authority to issue cease and desist orders under section 151.06; to embargo adulterated and misbranded drugs under section 151.38; and to seek injunctive relief under section 214.11, extends to any violation of this section. History: 1Sp2019 c 9 art 11 s 76; 2021 c 30 art 3 s 27 Official Publication of the State of Minnesota Revisor of Statutes EXIT G-2 This document is made available electronica ly by the Minnesota Legislative Reference Library 100I...00000000 ' I I I 1 1 V 11 111 11 11 1111 11 1111111 1 11V 1 11 1 11 11 11 1 1 1 11111 111 1 1111 V 111 V 11 "14" P)10101111111111 1 1 1111111111111 11111111111110 11111111111 11 11110: I 11110111011 '0'1) I 1111 I I IIIIIIIIIIIII IIIIII 1,11111,1, do,,,vio, 414 111 111111111111111 11111111111.11111d111.111 111111111111111111111111111111 "".11.11111111111111111111111111 HI 11 111 oo loilloo inn In 11 Ho II Him II 11 moo no omoiliolo 0.,,,unuuigg„1:,„i.,1!1!.i:00000000000000000000000000000 0.01 00:10000:1 00.10001:1:101.1i .1:1 .1:1 000000 0000.1 000000000000 11111'01; 1111111111111110111111 111111111111'1111011 1111111 1101 11111 11111111 1111 , M III 1 1 1 11 1111111 111111 1 1111 1111111 flFlUirI III 111111111 IIIII 1 I I III 111111111111111111111 111111111111111111111111111111111111111111111111 VII 11111111 1111111111 III 1111111111 1 mooiviv 1 11111 111, 111 11 I 1 1111111111111 1111111111111111111111111111111111111111111111111111111111111111111 e, .0,040 11111111111111111111111111 Cody Wiberg, Pharm,D,, M.S., ,R,Ph. Executive Director Minnesota Board of Pharmacy 2829 University Avenue SE #530 Minneapolis, MN 55414 (651)201-2825 cod .wibergstate.mn.us December 8, 2021 COST OF REPORT Minnesota Statutes §3.197 states that a "report to the legislature must contain, at the beginning of the report, the cost of preparing the report, including any costs incurred by another agency or another level of government". The estimated cost of preparing this report was $75.00. That is the approximate value, in terms of salary and benefits, of the time that Board staff spent preparing the report. (The rest of this page is intentionally blank). 2 T H-2 Introduction The Board of Pharmacy (Board) is submitting this report to the Legislature in compliance with Minnesota Statutes § 152.02, subdivision 12. That section states, in part: "The state Board of Pharmacy shall annually submit a report to the legislature on or before December 1 that specifies what changes the board made to the controlled substance schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in the preceding 12 months. The report must also specify any orders issued by the board under this subdivision. The report must include specific recommendations for amending the controlled substance schedules contained in subdivisions 2 to 6, so that they conform with the controlled substance schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, and with the federal schedules." The Board reviewed and approved this report at its December 8, 2021 meeting. 2021 Scheduling Changes The Board did not engage in rule -making to make any changes to the controlled substance schedules found in Minnesota Rules Chapter 6800 during calendar year 2021. Nor did it issue any scheduling orders in 2021. The Board contains to occasionally receive reports from law enforcement officials or the Bureau of Criminal Apprehension Laboratory about an unscheduled and potentially abused substances that appear to be available for purchase on the streets or from Internet suppliers. In addition, law enforcement officials and healthcare providers have expressed concern to the Board concerning the increasing abuse of gabapentin — a drug approved by the United States Food and Drug Administration that acts on the same receptor system that benzodiazepines (Valium - like drugs) act on. Consequently, the Board may propose controlled substance scheduling legislation during the 2022 Session. There is also potential scheduling issue involving delta-8 tetrahydrocannabinol (A-8 THC), which is an isomer and analog of delta-9 tetrahydrocannabinol (A-9 THC). A-8 THC is an intoxicating substance, although it is slightly less potent than A-9 THC (meaning it takes a larger quantity to make some "high"). A-8 THC is being produced by some individuals and companies by extracting cannabidiol (CBD) from hemp and converting the CBD to A-8 THC. The producers believe that A-8 THC products derived from hemp are not controlled substances as long as the product contains less than 0.3% of A-9 THC. That is because of the following definition of industrial hemp found Minn. Stats. §18K.02, subd. 2 is (emphasis added): "Industrial hemp" means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant's seeds, and all the plant's derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9. In addition, the definition of "marijuana" in Minn. Stats. § 151.01 includes this sentence "Marijuana does not include hemp as defined in section 152.22, subdivision 5a." However, Minn. Stats § 152.02, subd. 2 h. (2) makes tetrahydrocannabinols Schedule I controlled substances, separately from marijuana. The definitions of industrial hemp and marijuana given above make no mention of 3 4144 T H-3 industrial hemp not being tetrahydrocannabinols. In addition, A-8 THC is not directly derived or extracted from industrial hemp, it is synthesized from CBD that is extracted from hemp. Therefore, an argument can be made that A-8 THC synthesized from CBD that is extracted from hemp, is a Schedule I controlled substance, even if the product that contains it has less than 0.3% of A-9 THC. The Minnesota State Court of Appeals appears to have reached that same conclusion in the case of State v. Loveless, pointing out (at least for liquid products containing any amount of any tetrahydrocannabinol): "Unlike the definition of marijuana, the inclusion of tetrahydrocannabinols in Minnesota's Schedule I does not make any exception for hemp or for a substance or mixture that has a concentration of delta-9 tetrahydrocannabinol that is 0.3 percent or less on a dry -weight basis." The Court acknowledges that "the legislature enacted other laws that appear to recognize or assume the lawfulness of vaporizer cartridges containing low concentrations of delta-9 tetrahydrocannabinol." However, the Court also opined that: "the legislature did not amend the relevant provisions of chapter 152 to make it lawful to possess a liquid mixture with a low concentration of delta-9 tetrahydrocannabinol. If a statute's language is plain and its meaning is unambiguous, a court must interpret the statute according to its plain meaning, without resorting to canons of construction or legislative history. See, e.g., State v. Serbus, 957 N.W.2d 84, 87 (Minn. 2021); State vStruzyk, 869 N.W.2d 280, 288 n.5 (Minn. 2015). Here, the relevant provision of Schedule I is unambiguous. It states simply, "tetrahydrocannabinols," without regard for the concentration of delta-9 tetrahydrocannabinol." Since even CBD products that meet the requirements of Minn. Stats. § 151.72 contain at least trace amounts of tetrahydrocannabinols, they would appear to be Schedule I controlled substances under this ruling. A-8 THC products would definitely be Schedule I controlled substances under this ruling and for the other reasons mentioned above. If the Legislature wishes to continue allowing the sale of non -intoxicating cannabinoids derived from hemp, it appears that Minn. Stats. §151.72 will need to be amended, as will Minn. Stats. § 152.02, subd. 2 h (2). If the Legislature wished to legalize the sale and possession of products containing A-8 THC, which is intoxicating, those sections would also need to be modified. The Board is working with the Minnesota Departments of Agriculture, Health, and Public Safety on issues involving substances extracted from hemp and sold for human or animal consumption. A separate report will most likely be developed by the agencies involved. 4 pttAJA T H-4 70-CR-23-3795 Filed in District Court State of Minnesota 8/10/2023 9:02 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT State of Minnesota, vs. Sined Adel Manasra, Plaintiff, Defendant. DEFENDANT'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS Court File No. 70-CR-23-3795 Defendant Sined Manasra ("Manasra") respectfully submits this memorandum in support of his motion to dismiss. The City has charged Manasra criminally for an alleged violation of expired Interim City of Shakopee Ordinance No. 2022 — 021 (the "2022 Ordinance"). The charge is based on an alleged sale of edible gummies containing hemp derived delta-8 and delta-10 tetrahydrocannabinol ("THC") at Top Star Market, LLC's store on November 30, 2022. Manasra is alleged to be the owner of Top Star Market, LLC ("Top Star Market"). The charge against Manasra must be dismissed for several reasons. First, the hemp derived delta-8 and delta-10 tetrahydrocannabinol ("THC") product that Top Star Market is alleged to have sold falls under an exception to the Ordinance for products that were already legal prior to Minnesota's 2022 statutory amendment. Second, even if the 2022 Ordinance applied to hemp derived delta-8 and delta-10 THC, sale of such product would still be permitted as a prior non -conforming use pursuant to Minn. Stat. § 462.357. Third, the criminal complaint does not identify Manasra as having personally made the sale on November 30, 2022, which is the subject of the charge. Simply being the owner of Top Star Market does not make Manasra vicariously criminally liable for all sales that occur at Top Star Market. Fourth, there is no evidence of mens rea on the part of Manasra and the 2022 Ordinance should not be interpreted to impose strict criminal liability in the absence of mens rea. 1 PENHI' IT I-1 70-CR-23-3795 Filed in District Court State of Minnesota 8/10/2023 9:02 AM I. DELTA-8 AND DELTA-9 THC FALL SQUARELY WITHIN AN EXCEPTION TO THE ORDINANCE BECAUSE THEY WERE LEGAL TO SELL BEFORE THE 2022 STATUTORY AMENDMENT In 2022, the Minnesota legislature amended Minn. Stat. § 151.72 to allow the sale of hemp derived edible delta-9 THC products, subject to certain limitations and requirements. Minnesota Laws 2022, Ch. 98 (H.F. No. 4065) (the "2022 Act"). In response to the 2022 Act, the City of Shakopee passed the 2022 Ordinance, which imposed a moratorium on the sale, within the City, of cannabis products that became legal to sell in Minnesota because of the 2022 Act.' The 2022 Ordinance expressly contained an exception for products that were already legal to sell prior to the 2022 Act. Section 5 of the 2022 Ordinance expressly provides that "The moratorium imposed by this Ordinance does not apply to the sale of medical cannabis or hemp products that were lawful to sell prior to the effective date of the Act." The charge is based on Top Star Market's alleged sale of hemp derived delta-8 and delta- 10 THC on November 30, 2022. These are "hemp products that were lawful to sell prior to the effective date of the act" and, therefore, fall within the exception to the 2022 Ordinance. Even prior to the 2022 Act, the statutory definition of "marijuana" for purposes of controlled substance offenses excluded "hemp", which is in turn defined by reference to a statute defining "industrial hemp" as having delta-9 THC concentration no greater than 0.3%. Minn. Stat. §§ 152.01, subd. 9, 152.22, subd. 5a, 18K.02, subd. 3; see also State v. Loveless, 987 N.W.2d 224 (Minn. 2023). Minn Stat. § 152.01, subd. 9 provides that "Marijuana does not include hemp as defined in section 152.22, subdivision 5a." That statute in turn provides that "'Hemp' has the meaning given to industrial hemp in section 18K.02, subdivision 3." The definition of industrial hemp in Minn Stat. § 18K.02, subd. 3 is as follows: ' The 2022 Ordinance expired December 31, 2022. 2 PENH' SIT I-2 70-CR-23-3795 Filed in District Court State of Minnesota 8/10/2023 9:02 AM `Industrial hemp' means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant's seeds, and all the plant's derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dryweight basis. (Emphasis added). Thus, products containing hemp derived delta-8 and delta-10 THC were legal to sell in Minnesota prior to the 2022 Act. Therefore, such products fit squarely within the exception to the 2022 Ordinance for "hemp products that were lawful to sell prior to the effective date of the Act." (2022 Ordinance § 5). The charge against Manasra is based on alleged sale of edible gummies containing hemp derived delta-8 and delta-10 THC on November 30, 2022. The State has provided pictures of the package of gummies on which the charge is based. Copies of pictures of the package are attached hereto as Exhibit A. The ingredients list on the package includes "Hemp Delta 10 & 8 Distillate." The package indicates that the gummies contain "Full Spectrum Hemp Extract (Delta-10/8)". However, the package does not list delta-9 THC as an ingredient. And the State has produced no evidence that the gummies that form the basis for the charge against Manasra contain delta-9 THC in excess of 0.3%, or that they contain any delta-9 THC at all for that matter. Accordingly, the gummies that form the basis for the charges against Manasra are "hemp products that were lawful to sell prior to the effective date of the [2022] Act" and, therefore, exempt from the 2022 Ordinance. Even if there were any ambiguity as to whether the 2022 Ordinance applied to hemp derived delta-8 and delta-10 THC (which it unambiguously did not), the rule of lenity would require that the ambiguity be resolved in favor of Manasra. State v. Rick, 835 N.W.2d 478, 485 (Minn. 2013) ("the rule of lenity ... instructs us to adopt the narrower of two reasonable interpretations of an ambiguous criminal statute and to resolve the ambiguity in favor of the criminal defendant"); Johnson v. State, 820 N.W.2d 24, 30 (Minn Ct. App. 2012) ("when the 3 PENHI SIT I-3 70-CR-23-3795 Filed in District Court State of Minnesota 8/10/2023 9:02 AM language of a criminal law is ambiguous, we construe it narrowly according to the rule of lenity"); State v. McKown, 461 N.W.2d 720, 725 (Minn. Ct. App. 1990) ("Application of the rule of lenity ensures that criminal statutes will provide fair warning concerning conduct considered illegal ... We should not derive criminal outlawry from some ambiguous implication."). II. EVEN IF THE 2022 ORDINANCE HAD APPLIED TO DELTA-8 AND DELTA-10 THC, TOP STAR MARKET'S SALE OF SUCH PRODUCTS WOULD HAVE BEEN PERMITTED AS A PRIOR NON -CONFORMING USE As noted in the 2022 Ordinance, the City's authority to pass the moratorium is pursuant to Minn Stat. § 462.355. The statutes that allow cities to pass a moratorium is under zoning authority provided to it by the State of Minnesota. Minn. Stat. § 462.355, subd. 4(a). This zoning law further states, "any nonconformity, including the lawful use ... of premises existing at the time of adoption ... may continue." Minn. Stat. § 462.357, subd. 1e. This means that if a property owner is using the property lawfully at the time of enactment of the new zoning ordinance, the property owner may continue to use it in a legal non -conforming manner. Top Star Market was using the store property to sell Minnesota compliant edible cannabinoid products prior to August 16, 2022, when the City passed the 2022 Ordinance. Accordingly, Top Star Market was legally allowed to continue to do so in the same manner as prior to the 2022 Ordinance. Therefore, even if the 2022 Ordinance applied to delta-8 and delta- 10 THC (which it did not), Top Star Market's sale of those products would be permitted as a prior non -conforming use. III. THE STATE HAS NOT IDENTIFIED MANASRA AS HAVING PERSONALLY MADE THE SALE ON NOVEMBER 30, 2022, AND MANASRA IS NOT CRIMINALLY LIABLE FOR ALL SALES THAT OCCUR AT TOP STAR MARKET MERELY BECAUSE HE IS THE OWNER The criminal complaint is based on a sale of delta-8 and delta-10 THC gummies that is alleged to have occurred on November 30, 2022. However, the criminal complaint does not identify Manasra as having personally made the sale of the gummies on November 30, 2022. 4 PENH' SIT I-4 70-CR-23-3795 Filed in District Court State of Minnesota 8/10/2023 9:02 AM The 2022 Ordinance provides that "No business, person, or entity may sell Cannabis Products to the public within the jurisdictional boundaries of the City during the period that this Ordinance is in effect." (2022 Ordinance § 4). This provision, by its terms, applies only to a "business, person, or entity" that "sell[s]" a product prohibited by the 2022 Ordinance. To the extent that the State interprets the 2022 Ordinance to impose vicarious criminal liability on the owners of businesses, such an interpretation would render the Ordinance unconstitutional. The Minnesota Supreme Court has rejected as unconstitutional imposition of vicarious criminal liability on the owner of a business for all sales made by the business. In State v. Guminga, 395 N.W.2d 344 (Minn 1986), the Court invalidated as unconstitutional a statute that purported to impose vicarious criminal liability on an employer for sales of alcohol to underage persons by employees. The Court did so on due process grounds. Id. Therefore, if the 2022 Ordinance purported to impose vicarious liability on the owners of businesses, the Ordinance would be unconstitutional. Even if Top Star Market's sale of delta-8 and delta-10 THC gummies on November 30, 2022, were prohibited by the Ordinance (which it was not), that would not justify imposing criminal liability on Manasra individually absent proof that Manasra personally made the sale. IV. THERE IS NO EVIDENCE OF MENS REA ON THE PART OF MANASRA The 2022 Ordinance is silent as to what level of mens rea is required for a criminal violation. Where a criminal law is silent as to mens rea, Courts will generally read a mens rea requirement into the law. In State v. Arkell, 672 N.W.2d 564 (Minn. 2003), the president of a land development company was charged under a statute that made it a misdemeanor to violate building codes regarding grading and water drainage. Id. The president of the company had hired subcontractors to handle the grading and water drainage. Id. The company president argued that he did not intend 5 PENHI SIT I-5 70-CR-23-3795 Filed in District Court State of Minnesota 8/10/2023 9:02 AM to violate the building code, and that he thought that the subcontractors would take care of all regulatory issues. Id. The subcontractors failed to comply with the building codes. Id. The statute in Arkell did not contain any specific mens rea requirement, but simply provided that "a violation of the [building] code is a misdemeanor." However, the Court noted that "strict liability statutes are generally disfavored and legislative intent to impose strict criminal liability must be clear." Id. The Court held that the criminal statute for violating building codes was not a strict liability statute, but rather required mens rea. Id. Similarly in Welfare of C.R.M., 611 N.W.2d 802 (Minn. 2000), the Court held that the State was required to prove that a juvenile actually knew that he possessed a knife on school property in order to convict him of possessing a knife on school property. This was notwithstanding the fact that the statute did not expressly contain any mens rea requirement. The Minnesota Supreme Court in both the Arkell case and the C.R.M. case relied heavily on the United States Supreme Court's decision in Staples v. U.S., 511 U.S. 600 (U.S. 1994). In Staples, the Supreme Court reversed a conviction for unlawful possession of an unregistered machine gun under the National Firearms Act. Id. The Firearms Act was silent regarding mens rea. Id. However, the Court noted that "silence on this point by itself does not necessarily suggest that Congress intended to dispense with a conventional mens rea element" and that "some indication of congressional intent, express or implied, is required to dispense with mens rea as an element of a crime." Id. The Court held that the government was required to prove that the petitioner knew that the features of the weapon brought it within the prohibitions of the Firearms Act. Id. The Court, in Staples, noted in dicta that "we would probably hesitate to conclude on the basis of silence that Congress intended a prison term to apply to a car owner whose vehicle's emissions levels, wholly unbeknownst to him, began to exceed legal limits between regular inspection dates." Id. at 614. 6 PENH' SIT I-6 70-CR-23-3795 Filed in District Court State of Minnesota 8/10/2023 9:02 AM Even if Top Star Market's sale of delta-8 and delta-10 THC gummies on November 30, 2022, had violated the 2022 Ordinance (which it did not), Manasra would be similarly situated to the hypothetical car owner in Staples and the land development company president in Arkell. Manasra did not intend to violate the 2022 Ordinance. Accordingly, the charge must be dismissed for lack of mens rea evidence as well. CONCLUSION Top Star Market is alleged to have sold delta-8 and delta-10 THC product, which is expressly exempted from the 2022 Ordinance. Even if the product was within the 2022 Ordinance, the sale would still have been permissible as a prior non -conforming use. Moreover, the State has not identified Manasra as having personally made the sale and Manasra did not have mens rea. For all the foregoing reasons, the charge against Manasra must be dismissed. WEBB LAW OFFICE, INC. DATED: August 10, 2023 By s/Evan H. Weiner Timothy D. Webb (271299) Evan H. 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