Synthetic Drug Ordinance
City of Taconite No. 84
AN ORDINANCE REGULATING SYNTHETIC DRUG
ESTABLISHMENTS AND THE SALE OF SYNTHETIC DRUGS
WHEREAS, pursuant to Minnesota Statute 145A.05, the City of Taconite possesses the power to enact ordinances in order to regulate actual or potential threats to public health; and
WHEREAS, synthetic drugs are commonly marketed as a safe and legal alternatives to marijuana or other controlled substances;
WHEREAS, the ingestion of synthetic drugs has been known to produce undesired and dangerous side effects such as headaches, agitation, nausea, vomiting, hallucinations, loss of consciousness, elevated blood pressure, tremors, seizures, paranoid behavior, anxiety, increased heart rate, and even death; and
WHEREAS, the Itasca County Sheriff has advised the Itasca County Board of Commissioners, as well as the City of Taconite of a significant increase in the use of synthetic drugs within the City and County and the manufacture and sale of synthetic drugs is negatively impacting the health, safety and welfare of the citizens of Itasca County;
WHEREAS, manufacturers of synthetic drugs are often times unknown to the consumer, as the packaging does not reveal the name and location of the manufacturer. Accordingly, consumers suffering a reaction to or injury from these products have little chance of obtaining information concerning the contents of the product, as the identity and locations of the manufacturers are unknown; and
WHEREAS, due to the manner in which these substances are marketed, the manufacture and sale of synthetic drugs is, purportedly, not currently regulated by the federal drug administration (FDA);
WHEREAS, due to the ease of making slight molecular alterations to chemical compounds, law enforcement agencies have found it difficult to bring criminal charges against manufacturers and sellers of synthetic drug products,
WHEREAS, synthetic drugs are currently being sold as legal products without the basic regulation and licensing requirements that many other businesses have within Itasca County; and
WHEREAS, the purpose of this Ordinance is not to condone illegal activity nor is it to legitimize activity that may now or in the future be considered illegal activity under state or federal laws; and
WHEREAS, this Ordinance establishes standards that will promote the health, safety, and welfare of the residents of Itasca County and the Taconite City Council is authorized to adopt this Ordinance pursuant to Minn. Stat. § 145A.05.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Taconite hereby ordains:
There is hereby created City of Taconite Ordinance No. 84, which shall be included as follows:
SECTION 1: TITLE
2.1 The ordinance shall be known and cited as the Synthetic Drug Ordinance or City of Taconite Ordinance No. 84.
SECTION 2: INTENT
1.1 It is the intent of the City of Taconite to protect the health, safety, and welfare of its citizens by regulating the sale of synthetic drugs as defined herein which, when consumed, mimic the effects of marijuana, narcotics, and/or other controlled substances.
SECTION 3: AUTHORITY
3.1 This Ordinance is adopted by the Taconite City Council pursuant to the authority granted under Minn. Stat. §§ 145A and 375.
3.2 The provisions of this Ordinance shall be considered minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
3.3 It is not intended by this Ordinance to repeal, abrogate, or impair any other existing City ordinance, however, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail.
SECTION 4: JURISDICTION
4.1 The jurisdiction of this Ordinance shall include all lands of the City except for any incorporated municipalities.
SECTION 5: DEFINITIONS
5.1 For the purposes of this Ordinance, the following words and phrases shall have the meaning hereinafter ascribed to them:
(a) Synthetic drug. The term synthetic drug means one or more of the following:
(1) A substance that a reasonable person would believe is a synthetic drug;
(2) A substance that a reasonable person would believe is being purchased or sold as a synthetic drug; or
(3) A substance that a person knows or should have known was intended to be consumed by injection, inhalation, ingestion, or any other immediate means, and consumption was intended to cause or simulate a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance on Schedule 1. Synthetic drug does not mean food and drug ingredients, alcohol, legend drugs, tobacco or dietary supplements;
(b) Synthetic drug establishment. Synthetic drug establishment means any business establishment where any person engages in the sale of synthetic drugs.
SECTION 6: LICENSE REQUIRED
6.1 No person shall engage in the business of operating a synthetic drug establishment either exclusively or in connection with any other business enterprise without first obtaining a license for each synthetic drug establishment.
SECTION 7: APPLICATION FOR LICENSE
7.1 Application for a synthetic drug establishment license shall be made to the Taconite City Council on forms supplied by Itasca County containing the following information:
(a) A description of the business;
(b) A description of the location of the premises to be licensed;
(c) The full names and addresses of the property owner, business owner, lessee and manager, operator and the date of birth of each;
(d) If applicant is a partnership, the names and residence addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the synthetic drug establishment; and
(e) Whether any of the aforementioned individuals have ever been convicted of any crime or offense other than a traffic offense, and if so, a description of the offense as to time, place, date and disposition.
7.2 The annual license fee shall be $600. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, shall be effective January 1st through December 31st annually.
SECTION 8: ISSUANCE
8.1 No license under this Ordinance shall be issued unless it is approved by the Taconite City Council upon advice from the Itasca County Sheriff’s Department and the Itasca County Attorney’s Office and unless the establishment has passed fire and health inspections. The Taconite City Council shall not approve any license if he or she has reasonable grounds to believe:
(a) That the granting of said license would result in violations of the law;
(b) That the license application contains false and misleading statements; or
(c) That other good cause exists for denying the license;
8.2 If the Taconite City Council finds that he or she does not have adequate information to evaluate the license application, they may direct the applicant, manager or agent to appear at any reasonable time and place to give under oath information concerning the application. No license shall be granted to any applicant who refuses to appear and cooperate with the investigation.
SECTION 9: SUSPENSION AND REVOCATION OF LICENSE
9.1 The Taconite City Council may revoke or suspend any license issued pursuant to this Ordinance, if, after giving the licensee an opportunity to be heard on the matter, such officer finds:
(a) The licensee has violated a provision of this Ordinance or any other law relating to the conduct of its operation including, but not limited to state, federal or local laws; or
(b) The licensee secured the license through misrepresentation or fraud or misstated any material fact in the application; or
(c) Failure of the licensee to cooperate with a licensed peace officer, fire or health officers in any investigation relating to their operations or failure to admit police officers into the establishment at any time when people are present in the establishment; or
(d) The establishment is operated in such a way as to endanger public health or safety; or
(e) The establishment is operated in such a way as to constitute a public nuisance as defined in Minnesota Statutes Section 609.74 or successor statute.
SECTION 10: APPEALS
10.1 Any person aggrieved by a licensing decision of the Taconite City Clerk and/or the Taconite City Council under this Ordinance may appeal such decision to the City of Taconite by filing a written notice of appeal with the Mayor or Clerk within 15 days after such decision is rendered. The decision of the Taconite City Council is the final administrative decision of the City.
SECTION 11: PROHIBITED ACTS
11.1 No synthetic drug establishment or its owner(s), operator(s), manager(s), employee(s), or agent(s) shall:
(a) Remain open between 8:00 p.m. and 8:00 a.m. on any day;
(b) Sell synthetic drug products that do not include the name, phone number and address of the manufacturer, packer and distributer of the product;
(c) Sell synthetic drug products that do not identify all commodities within the package, including organic and non-organic, chemically synthesized substances and compounds;
(d) Sell synthetic drug products to any individual under the age of 21;
(e) Sell synthetic drug products that do not comply with all state and federal laws and regulations, including those related to packaging, labeling and weights and measures; and
(f) Be located within 500 feet of any park, school, day care facility or area zoned residential or mixed-use neighborhood. This restriction shall not apply to a synthetic drug establishment that was conducting business at the location indicated in the application and making sales of synthetic drugs at that location on or before January 1, 2014.
SECTION 12: ENFORCEMENT AND PENALTIES
12.1 This ordinance may be enforced by any peace officer.
12.2 Any person who violates, neglects, or refuses to comply with the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000.00, imprisonment for a term not to exceed 90 days, or any combination thereof.
12.3 Regarding violations of this ordinance that are continuous with respect to time, each day that the violation continues is a separate offense. As to other violations, each act constitutes a separate offense.
12.4 This ordinance, in addition to other remedies, may be enforced by injunction, action or compel performance or other appropriate action in District Court to prevent, restrain, correct or abate violations.
SECTION 13: OTHER APPLICABLE LAWS
13.1 This Ordinance is intended to complement state, federal and county laws regulating synthetic drugs.
SECTION 14: SEVERABILITY
14.1 If any section, subsection, sentence, clause, phrase, word, or other portion of this ordinance is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
SECTION 16: FILING OF ORDINANCE
16.1 In accordance with the provisions of Minnesota Statute 375.51, governing enactment of ordinances, the title and a summary of this ordinance shall be published in the official newspaper of the county at least once. Additionally, a printed copy of the entire ordinance shall be filed with the Taconite City Clerk and the City of Taconite and made available for inspection and use by any person during regular office hours at the office of the Taconite City Clerk and the City of Taconite.
SECTION 17 EFFECTIVE DATE
17.1 This ordinance shall take effect February 10, 2014.
Whereupon said Synthetic Drug Ordinance No. 84 was declared duly passed and adopted by the Taconite City Council on this 10th day of February, 2014.
Council Member Lauri Camilli moved the adoption of the foregoing Ordinance, which motion was duly seconded by Council Member Ted Birch and upon vote being taken thereon, the following voted in favor thereof:
Upon roll call vote taken thereon, the following voted:
For: Mike Troumbly, Lauri Camilli, Deacon Kyllander, Ted Birch.
Absent: Dusty Sipe.
SIGNED: Michael Troumbly, Mayor ATTEST:
Lauri Camilli, City Clerk
SRNF February 13, 2014
ADVERTISEMENT FOR BIDS
City of Nashwauk
4th Street Infrastructure / Platt Avenue East Infrastructure
City of Nashwauk
301 Central Avenue
Nashwauk, MN 55769
Separate sealed Bids will be received by the City of Nashwauk, at the Nashwauk City Hall until 10:00 a.m., March 6, 2014, and then at said office publicly opened and read aloud for the construction of approximately 1,100 cubic yards excavation, 1,100 cubic yards aggregate base – class 5, 750 tons bituminous paving, 870 feet water main, 760 feet sanitary sewer, 1,600 linear feet concrete curb and gutter and related appurtenances for the Fourth Street Infrastructure / Platt Avenue Infrastructure, Project No. 13-823.
The Plans and Specifications may be examined at the following locations: Nashwauk City Hall, the Engineer’s Office, the Hibbing Builders Exchange and the Duluth Builders Exchange.
Copies of the Plans and Specifications may be obtained at the office of the Engineer, JPJ Engineering, 303 East 19th Street, P.O. Box 656, Hibbing, Minnesota 55746, upon deposit of $75.00 for each set. No refund will be provided.
Alternatively, digital copies of the Bidding documents are available at www.jpjeng.com under the “Construction Bidding Information” link for $25.00 (non-refundable). These documents may be downloaded by selecting this project and entering the eBidDocTM Number 3109574 on the “Search Projects” page. For assistance and free membership registration, contact QuestCDN at (952) 233-1632 or firstname.lastname@example.org
Bid shall be accompanied by a Bid Bond or cashier’s check payable to City of Nashwauk in an amount not less than five percent (5%) of the total bid. The successful bidder will be required to provide a Performance Bond, Payment Bond and a Certificate of Insurance.
The City of Nashwauk reserves the right to reject any or all bids, to waive irregularities and informalities, and to award the contract in the best interest of the OWNER.
February 10, 2014 Pamela LaBine, Clerk
SRNF February 13, 20, 2014
Bid Requests for
2014 Hodgins-Berardo Arena
Mechanical Equipment Upgrades located in Coleraine, MN for
Greenway Joint Recreation Association.
Bids Close: 10:00 a.m.
Thursday, February 20, 2014
200 Curley Ave.
Coleraine, MN 55722
NOTICE IS HEREBY GIVEN that sealed bids will be received, opened and read aloud at 10:00 a.m., Thursday, February 20, 2014, in the presence of the Facilities Manager or his designated representative at the Hodgins-Berardo Arena, 200 Curley Ave., Coleraine, Minnesota, for the 2014 Mechanical Equipment Upgrades project. Access to the site for contractor inspections can be arranged by contacting Pat Guyer at 218-245-3525.
The Hodgins-Berardo Arena is owned by the Greenway Joint Recreation Association. The proposed work will not change the facility footprint. Work includes installation of new HVAC units to condition existing locker rooms and lobby space, heating system improvements, and other miscellaneous related work.
Proposal forms, Plans, Specifications and information on Bid Security and performance/Payment Bonds for use by contractors in submitting a bid may be obtained on site at Hodgins-Berardo Arena from Pat Guyer After January 27, 2014. Interested bidders should email their contact information to email@example.com to ensure they are on the bidders list and receive any addenda that may be issued. Submit questions to Apex Arena Solutions, Inc., Mark Rasmussen 612-581-0219.
Bids must be submitted on the Proposal Form included with the specifications. The successful bidder will be required to provide a Performance Bond and Payment Bond for the full amount of the Bid, provide a certificate of Insurance, and execute the Construction Contract prior to beginning the installation of the systems.
The Greenway Joint Recreation Association reserves the right to reject any and all bids and to waive minor irregularities and informalities therein and further reserves the right to award the contract in the best interest of the Association.
All Sealed bids must be addressed to: Hodgins-Berardo Arena Mechanical Improvements, Greenway Joint Recreation Association, PO Box 519, Coleraine, MN 55722, and shall be endorsed thereon:
Bid for the above described project
Bids Due: 10:00 a.m., Thursday, February 20, 2014
Addendum No.(s) _____ included
Please contact Apex Arena Solutions Inc. at 612-581-0219 with questions relating to bidding procedures for this project.
SRNF February 13, 2014
CITY OF BOVEY
The Bovey City Council will hold a Public Hearing regarding the installation of water meters on March 19, 2014 at 6:00 p.m. The meeting will be held in the Club Room at Bovey City Hall. Residents are encouraged to attend.
The City of Bovey is requesting quotes for the removal of structures located at 103 2nd Ave. and 203 North St., both properties located in the City of Bovey. All quotes must meet the IRRRB Residential Redevelopment Grant Program guidelines. Guidelines can be obtained at the IRRRB website. Quotes are due by March 3, 2014. Quotes can be mailed to City of Bovey, PO Box 399, Bovey, MN 55709 or dropped off at the City Clerk’s office during normal business hours. For additional information contact the Bovey City Clerk at 218-245-1633.
Bovey City Clerk