THE SALE OF THC

CANNABINOID PRO-

DUCTS IN THE CITY

OF NEW ULM

BE IT ORDAINED BY

THE CITY COUNCIL

OF THE CITY OF

NEW ULM:

SECTION 1. PREAM-

BLE — FINDINGS AND

STATEMENT OF EM-

ERGENCY. The city

council makes the fol-

lowing findings:

A. On July1, 2022, re-

cently enacted amend-

ments to Minn. Stat.

151.72 took effect and

resulted in the legaliza-

tion of edible cannabi-

noid products, as de-

fined therein, and can-

nabinoid products that

are intended for human

or animal consumption,

that contain no more

than 0.3 % of Tetrahy-

drocannabinol, com-

monly known as THC

(collectively, “THC Pro-

ducts”). These statuto-

ry amendments did not

prohibit local regulation

of such products.

B. The unregulated

sale of THC Products

presents a threat to the

public health, safety

and welfare in that

such products are not

safe for consumption

by those under 21

years of age and may

not legally be sold or

provided to or con-

sumed by persons

under state law.

C. The City’s existing

land use official con-

trols and licensing re-

gulations may not ade-

quately address the im-

pacts and effects of

persons and entities

engaged in the sale or

distribution of THC

Products.

D. Section 66 of the

City’s Charter requires

two separate con-

siderations of ordi-

nances by the City

Council, and at least

ten days’ advanced

posted notice on the

City’s web site prior to

the City Council meet-

ing at which the ordi-

nance is scheduled for

a final vote. Section 72

of the City’s Charter

provides that

non-emergency ordi-

nances take effect 30

days after their date of

passage, approval and

publication.

E. Section 67 of the

City’s Charter author-

izes the City Council to

adopt emergency ordi-

nances for the immedi-

ate preservation of the

public peace, health, or

safety.

F. Pursuant to its gen-

eral police powers, in-

cluding but not limited

to, its authority under

Section 4 of its Charter

and Minn. Stat.

421.221, subd. 32, the

City may enact and en-

force regulations or

restrictions on THC

Products within the

City to protect the pub-

lic health, safety and

welfare and the public

peace, including res-

trictions on the manner

in which such products

may be stored, sold or

distributed.

G. The unregulated

sale or distribution of

THC Products prior to

the City’s consideration

and potential modifica-

tion of existing regula-

tions or implementation

of new regulations for

such activities would

threaten the public

health, safety and wel-

fare and the public

peace.

SECTION 2. STATE

LAW ADOPTED. Ex-

cept as further restrict-

ed or regulated by this

ordinance, the provi-

sions of Minn. Stat.

151.72 relating to the

definition of terms,

licensing, and all other

matters pertaining to

the retail sale, distribu-

tion and consumption

of THC Products are

adopted and made a

part of this chapter as if

set out in full. Whenev-

er there is an incon-

sistency between the

provisions of Minn.

Stat. 151.72, as

amended, and the pro-

visions of this section,

the more restrictive

provision shall govern.

SECTION3. TEM-

PORARY REGULA-

TIONS. For the dura-

tion stated herein, no

person or entity may

sell or distribute a THC

Product(s) in the City

of New Ulm except as

follows:

a. Written notice of the

identity of the person

or entity conducting the

sale of the product(s)

and the permanent lo-

cation of the place of

business at which such

sales may be made

shall first be provided

to the Finance Director.

b. Sales may only be

made to individuals

who are 21 years of

age or older.

c. All THC Products

shall either be stored

behind a counter or

other area not freely

accessible to custo-

mers or in a case or

other storage unit not

left open and accessi-

ble to the general pub-

lic.

d. The manner of sale

shall be such that the

customer does not

have access to the

THC Product(s)

without having to re-

quest the item from the

person or entity making

the sale or an employ-

ee thereof and engag-

ing in a physical ex-

change of the THC

Product(s) between the

person or entity making

the sale or an employ-

ee thereof and the cus-

tomer.

e. No sale shall be

made from a moveable

place of business. Only

fixed-location

businesses may en-

gage in the sale of a

THC Product(s).

SECTION 4. PENAL-

TY. Any person engag-

ing in the public sale or

distribution of THC

Product(s) in violation

of the regulations esta-

blished in Section 3 of

this ordinance shall be

guilty of a mis-

demeanor.

SECTION5. EXCEP-

TIONS AND DE-

FENSES. Nothing in

this ordinance shall

prevent the providing

of THC Products to a

person under the age

of 21 as part of a law-

fully recognized reli-

gious, spiritual, or cul-

tural ceremony. It shall

be an affirmative de-

fense to the violation of

this ordinance for a

person to have reason-

ably relied on proof of

age as described by

state law in Minn. Stat.

340A.503, subd. 6.

SECTION 6. EFFEC-

TIVE AND EXPIRA-

TION DATES. This

emergency ordinance

shall be effective upon

its publication pursuant

to section 70 of the

City Charter and shall

expire upon the effec-

tive date of any

non-emergency ordi-

nance regulating such

products that may be

adopted by the City

Council.

Adopted by the City

Council of the City of

New Ulm, Minnesota,

this 16th day of Au-

gust, 2022

Andrea S. Boettger

Council President

ATTEST:

Nicole L. Jorgensen

Finance Director

Approved by the Mayor

of the City of New Ulm

this 16th day of Au-

gust, 2022

Terry R. Sveine

Mayor

PUBLISH

(August 25, 2022)

Notice of Public

Hearin

NOTICE IS HEREBY

GIVEN, that the City

Council of the City of

New Ulm will hold a

public hearing at the

Council Chambers in

the City Hall, 100 North

Broadway Street in

said City at 4:30 p.m.

on Tuesday, Sep-

tember 6, 2022 on the

proposed amendments

to the New Ulm Home

Rule Charter as set

forth in the black

line/underline revision

available upon request.

All interested parties

are invited to attend

this public hearing or to

submit written com-

ments or

questions. Send or ob-

tain any information by

contacting: Chris Dal-

ton, City Manager, 100

North Broadway, New

Ulm, Minnesota 56073,

(507) 233-2121 or

Nicole Jorgensen, Fi-

nance

Director, 100 North

Broadway, New Ulm,

Minnesota 56073,

(507) 359-8259.

By Order Of The City

Council

Nicole L. Jorgensen

Finance Director

Dated at New Ulm,

Minnesota

This 16 th day of Au-

gust 2022.

www.newulmmn.gov

PUBLISH

(August 25, 2022)

Notice of Public

Hearin

Notice Is Hereby

Given, that the City

Council of the City of

New Ulm, Brown

County, Minnesota will

meet in the Council

Chambers in the New

Ulm City Hall on Tues-

day, September 20,

2022 at 4:30 p.m. to

consider ordering in

the following improve-

ments to be made,

to-wit:

2023 MSAS Improve-

ment Project

1. North Highland Ave-

nue from Oak Street to

US Highway 14, Pro-

ject consists of a bi-

tuminous mill and over-

lay and selective re-

placement of concrete

curb & gutter, sidewalk

and pedestrian side-

walk ramps.

2. North Broadway

from 20 th North Street

to CSAH 13/North

Highland Avenue, Pro-

ject consists of a bi-

tuminous Full Depth

Reclamation (FDR) of

the existing roadway

driving surface and

selective replacement

of concrete curb &

gutter, sidewalk and

pedestrian sidewalk

ramps.

pursuant to Minnesota

Statutes, Sections

429.011 to 429.111.

The area proposed to

be assessed for such

improvements is each

lot, piece and parcel of

property specially

benefited by said im-

provements. A reason-

able estimate of the

impact of the assess-

ment will be available

at the hearing. The to-

tal estimated cost of

the 2023 MSAS Im-

provements Project is

$2,018,500.00. Such

persons as desired to

be heard with refer-

ence to the proposed

improvements will be

heard at this meeting.

By Order Of The City

Council

Nicole L. Jorgensen

Finance Director

Dated at New Ulm,

Minnesota

This 16 th day of Au-

gust 2022.

www.newulmmn.gov

PUBLISH

(August 25, Sep-

tember 1, 2022)

STATE OF

MINNESOTA

COUNTY OF BROWN

FIFTH JUDICIAL

DISTRICT DISTRICT

COURT PROBATE

DIVISION

Court File No.

08-PR-22-727

Estate of Elmer H.

Rolloff Jr., Decedent

NOTICE AND ORDER

OF HEARING ON

PETITION FOR PRO-

BATE OF WILL AND

APPOINTMENT OF

PERSONAL

REPRESENTATIVE

AND NOTICE TO

CREDITORS

It is Ordered and No-

tice is given that on

September 19, 2022,

at 10:00 a.m. a hearing

will be held in this

Court at 14 South

State Street, New Ulm,

Minnesota, for the for-

mal probate of an in-

strument purporting to

be the Will of the De-

cedent dated, May 28,

1985, (“Will”), and for

the appointment of

Pamela Kitzberger,

whose address is

12971 Shag Road,

New Ulm, MN, 56073

and Paul Rolloff,

whose address is 16

Liberty Street, New

Ulm, MN 56073 as

Personal Representa-

tives of the Estate of

the Decedent in an

UNSUPERVISED ad-

ministration. Any ob-

jections to the petition

must be filed with the

Court prior to or raised

at the hearing. If prop-

er and if no objections

are filed or raised, the

Personal Representa-

tives will be appointed

with full power to ad-

minister the Estate in-

cluding the power to

collect all assets, to

pay all legal debts,

claims, taxes and ex-

penses, to sell real and

personal property, and

to do all necessary

acts for the Estate.

Notice is also given

that (subject to Min-

nesota Statutes section

524.3-801) all creditors

having claims against

the Estate are required

to present the claims to

the Personal

Representative or to

the Court Administrator

within four months after

the date of this Notice

or the claims will be

barred.

BY THE COURT

Dated: 08/16/2022

/S/ Mark E. Betters

Judge of District Court

Dated: 08/16/2022

/s/ Nancy Solberg

Court Administrator

Attorney for Petitioner

Steven J. Franta

Somsen, Mueller &

Franta

106 1/2 N Minnesota

St. New Ulm, MN,

56073 Attorney

License No: 0228679

Telephone: (507)

354-2161

Email: steve@

thelegalprofessionals.com