Nevis City Council approves new marijuana bylaw, banning public use – Park Rapids Enterprise

Nevis City Council on Monday, August 12, approved two marijuana-related ordinances.

First, Ordinance No. 56 amends the City’s interim marijuana ordinance adopted July 10, 2023, clarifying the City’s moratorium on the operation of marijuana businesses within the City until January 1, 2025.

Emily Mathisrud of the city’s Planning Commission described the ordinance as a measure that gives the state time to establish a regulatory framework for marijuana businesses while also aligning with legislative changes that have taken effect in the state since July of last year.

The amended regulation adds the following definitions to the text approved in 2023:

• Definitions of the terms “2024 amendment,” “early grower,” “preliminary license approval,” and “medical marijuana business” for purposes of the regulation.
• Specifying that “marijuana businesses” prohibited by the interim order include medical marijuana businesses, early cultivators and entities that received preliminary license approval despite the 2024 amendment to the state marijuana law,
• Reference is made to the 2024 amendment in the section citing relevant state laws.
• A statement specifying that during the period of the moratorium, any business, person, or entity will be in violation of the law if it establishes or operates a marijuana-related business within the city, including the cases listed above.

Acting Mayor Sue Gray’s motion to approve the ordinance was approved by a vote of 4-0, with Mayor Jeanne Thompson absent.

The council also later approved a resolution authorizing the publication of a summary of the ordinance — a single paragraph summarizing how and why it was changed, rather than the entire three-page text — also by a 4-0 vote on Gray’s motion.

Next, Ordinance No. 57 makes it unlawful to use hemp flower, hemp products, lower-potency hemp edibles, and consumer products derived from hemp in public places within the city.

The ordinance’s definition of public places does not include private residences, including their yards and grounds; private property that is not generally accessible to the general public unless the owner has specifically prohibited anyone from using marijuana on the property; or the grounds of establishments or events that are licensed to allow the use of marijuana on the premises.

The ordinance provides that a violation of the ordinance is a misdemeanor, enforceable by a court order, injunction or civil remedy and by reporting the violation to the Office of Cannabis Management. It also authorizes the city administrator to consult with the city attorney to initiate any legal action necessary to ensure compliance with the ordinance.

City Council member Blair Reuther opposed an ordinance granting such authority to the city administrator, saying it should be left to law enforcement.

Reuther made a motion to delay the ordinance until City Administrator Dawn Veit, who was absent, could answer questions about it. He said the clause may be unnecessary and conflicts with state law, and he believes further study is necessary.

Mathisrud said the city is using established state law in the ordinance. Reuther characterized the ordinance’s language as an example of the Minnesota League of Cities promoting a strong city manager model and encouraging city councils to give up some of their power. “We have individual liberty issues here,” he said.

Mathisrud said this is a bigger problem than the town of Nevis, to which Reuther replied, “That’s where it all starts.”

Mathisrud read a state law that authorizes cities to adopt an ordinance creating a minor misdemeanor for someone who uses marijuana illegally. “If you want to put it off, put it off,” she said. “I don’t know if you’re going to make any changes.”

“Well, I’m not going to vote for that,” Reuther replied. “I’d like to postpone that so we can do more research.”

Reuther’s motion failed without a second. Other council members voted to continue the resolution.

Kay Moen, a city liquor store employee, said condensation on the building’s ceiling ducts continues to damage ceiling tiles and she is seeking bids to fix the problem.

Moen asked the council to consider plans for the building’s future. Reuther pressed Moen with questions about maintenance and muni operations.

Moen said a new refrigerator has been ordered and is expected to be installed in September.

She reported that she could not get an estimate for repairing the basement elevator and said that installing a new elevator could cost about $70,000. That led to further discussions about whether to continue maintaining the aging building or start planning a new location.

Moen said the city’s new sales system is not yet operational, but lottery sales have already begun.

Reuther reiterated his previous request for balance sheets detailing the muni’s profits and losses. “We have a report (on) how much it earned before tax this year, but we didn’t have a financial report,” he said.

Council member John Carrier explained that council members attending the budget meeting discussed wanting to compare net profits in 2023 to net profits in 2024. Deputy City Clerk Kimberly Wright said she was unaware of this, while City Administrator Dawn Veit was absent. Council members asked to have it added to the council’s agenda packet for September.

Council members also discussed the salary of the liquor store manager, which was seen as an important step toward hiring a new manager.

After discussing the opinion of a city attorney who advised against splitting the job into two positions with different pay rates — depending on whether the employee would be a manager or a bartender — Councilwoman Teresa Leshovsky’s motion to introduce a starting rate of $28 per hour, with the possibility of negotiation, was approved by a vote of 4-0.