piers109uk/MN-Statutes huggingface dataset:
336.12-104 RIGHTS IN CONTROLLABLE ACCOUNT, CONTROLLABLE ELECTRONIC RECORD, AND CONTROLLABLE PAYMENT INTANGIBLE.
(a) Applicability of section to controllable account and controllable payment intangible. This section applies to the acquisition and purchase of rights in a controllable account or controllable payment intangible, including the rights and benefits under subsections (c), (d), (e), (g), and (h) of a purchaser and qualifying purchaser, in the same manner this section applies to a controllable electronic record.
(b) Control of controllable account and controllable payment intangible. To determine whether a purchaser of a controllable account or a controllable payment intangible is a qualifying purchaser, the purchaser obtains control of the account or payment intangible if it obtains control of the controllable electronic record that evidences the account or payment intangible.
(c) Applicability of other law to acquisition of rights. Except as provided in this section, law other than this article determines whether a person acquires a right in a controllable electronic record and the right the person acquires.
(d) Shelter principle and purchase of limited interest. A purchaser of a controllable electronic record acquires all rights in the controllable electronic record that the transferor had or had power to transfer, except that a purchaser of a limited interest in a controllable electronic record acquires rights only to the extent of the interest purchased.
(e) Rights of qualifying purchaser. A qualifying purchaser acquires its rights in the controllable electronic record free of a claim of a property right in the controllable electronic record.
(f) Limitation of rights of qualifying purchaser in other property. Except as provided in subsections (a) and (e) for a controllable account and a controllable payment intangible or law other than this article, a qualifying purchaser takes a right to payment, right to performance, or other interest in property evidenced by the controllable electronic record subject to a claim of a property right in the right to payment, right to performance, or other interest in property.
(g) No-action protection for qualifying purchaser. An action may not be asserted against a qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable electronic record and a claim of a property right in another controllable electronic record, whether the action is framed in conversion, replevin, constructive trust, equitable lien, or other theory.
(h) Filing not notice. Filing of a financing statement under article 9 is not notice of a claim of a property right in a controllable electronic record.
336.0A-102 DEFINITIONS.
(a) Article A Definitions. In this article:
(1) "Adjustment date" means August 1, 2025.
(2) "Article 12" means article 12 of this chapter.
(3) "Article 12 property" means a controllable account, controllable electronic record, or controllable payment intangible.
(b) Definitions in other articles. The following definitions in other articles of this chapter apply to this article.
"Controllable account." Section 336.9-102.
"Controllable electronic record." Section 336.12-102.
"Controllable payment intangible." Section 336.9-102.
"Electronic money." Section 336.9-102.
"Financing statement." Section 336.9-102.
(c) Article 1 definitions and principles. Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
336.0A-101 TITLE.
This article may be cited as Transitional Provisions for Uniform Commercial Code Amendments, 2022.
336.0A-201 SAVING CLAUSE.
Except as provided in sections 336.0A-301 to 336.0A-306, a transaction validly entered into before August 1, 2024, and the rights, duties, and interests flowing from the transaction remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by law other than this chapter or, if applicable, this chapter, as though Laws 2024, chapter 93, had not taken effect.
336.0A-303 SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE.
A security interest that is enforceable immediately before August 1, 2024, but is unperfected at that time:
(1) remains an enforceable security interest until the adjustment date;
(2) remains enforceable thereafter if the security interest becomes enforceable under section 336.9-203, as amended by Laws 2024, chapter 93, on August 1, 2024, or before the adjustment date; and
(3) becomes perfected:
(A) without further action, on August 1, 2024, if the requirements for perfection under Laws 2024, chapter 93, are satisfied before or at that time; or
(B) when the requirements for perfection are satisfied if the requirements are satisfied after that time.
336.0A-301 SAVING CLAUSE.
(a) Pre-effective-date transaction, lien, or interest. Except as provided in this part, article 9, as amended by Laws 2024, chapter 93, and article 12 apply to a transaction, lien, or other interest in property, even if the transaction, lien, or interest was entered into, created, or acquired before August 1, 2024.
(b) Continuing validity. Except as provided in subsection (c) and sections 336.0A-302 to 336.0A-306:
(1) a transaction, lien, or interest in property that was validly entered into, created, or transferred before August 1, 2024, and was not governed by this chapter, but would be subject to article 9, as amended by Laws 2024, chapter 93, or article 12 if it had been entered into, created, or transferred on or after August 1, 2024, including the rights, duties, and interests flowing from the transaction, lien, or interest, remains valid on and after August 1, 2024; and
(2) the transaction, lien, or interest may be terminated, completed, consummated, and enforced as required or permitted by Laws 2024, chapter 93, or by the law that would apply if Laws 2024, chapter 93, had not taken effect.
(c) Pre-effective-date proceeding. Laws 2024, chapter 93, does not affect an action, case, or proceeding commenced before August 1, 2024.
336.0A-302 SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.
(a) Continuing perfection: perfection requirements satisfied. A security interest that is enforceable and perfected immediately before August 1, 2024, is a perfected security interest under Laws 2024, chapter 93, if, on August 1, 2024, the requirements for enforceability and perfection under Laws 2024, chapter 93, are satisfied without further action.
(b) Continuing perfection: enforceability or perfection requirements not satisfied. If a security interest is enforceable and perfected immediately before August 1, 2024, but the requirements for enforceability or perfection under Laws 2024, chapter 93, are not satisfied on August 1, 2024, the security interest:
(1) is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before August 1, 2024, or the adjustment date;
(2) remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under section 336.9-203, as amended by Laws 2024, chapter 93, before the adjustment date; and
(3) remains perfected thereafter only if the requirements for perfection under Laws 2024, chapter 93, are satisfied before the time specified in paragraph (1).
336.0A-305 PRIORITY.
(a) Determination of priority. Subject to subsections (b) and (c), Laws 2024, chapter 93, determines the priority of conflicting claims to collateral.
(b) Established priorities. Subject to subsection (c), if the priorities of claims to collateral were established before August 1, 2024, article 9, as in effect before August 1, 2024, determines priority.
(c) Determination of certain priorities on adjustment date. On the adjustment date, to the extent the priorities determined by article 9, as amended by Laws 2024, chapter 93, modify the priorities established before August 1, 2024, the priorities of claims to article 12 property and electronic money established before August 1, 2024, cease to apply.
336.0A-304 EFFECTIVENESS OF ACTIONS TAKEN BEFORE EFFECTIVE DATE.
(a) Pre-effective-date action; attachment and perfection before adjustment date. If action, other than the filing of a financing statement, is taken before August 1, 2024, and the action would have resulted in perfection of the security interest had the security interest become enforceable before August 1, 2024, the action is effective to perfect a security interest that attaches under Laws 2024, chapter 93, before the adjustment date. An attached security interest becomes unperfected on the adjustment date unless the security interest becomes a perfected security interest under Laws 2024, chapter 93, before the adjustment date.
(b) Pre-effective-date filing. The filing of a financing statement before August 1, 2024, is effective to perfect a security interest on August 1, 2024, to the extent the filing would satisfy the requirements for perfection under Laws 2024, chapter 93.
(c) Pre-effective-date enforceability action. The taking of an action before August 1, 2024, is sufficient for the enforceability of a security interest on August 1, 2024, if the action would satisfy the requirements for enforceability under Laws 2024, chapter 93.
336.0A-306 PRIORITY OF CLAIMS WHEN PRIORITY RULES OF ARTICLE 9 DO NOT APPLY.
(a) Determination of priority. Subject to subsections (b) and (c), article 12 determines the priority of conflicting claims to article 12 property when the priority rules of article 9, as amended by Laws 2024, chapter 93, do not apply.
(b) Established priorities. Subject to subsection (c), when the priority rules of article 9, as amended by Laws 2024, chapter 93, do not apply and the priorities of claims to article 12 property were established before August 1, 2024, law other than article 12 determines priority.
(c) Determination of certain priorities on adjustment date. When the priority rules of article 9, as amended by Laws 2024, chapter 93, do not apply, to the extent the priorities determined by Laws 2024, chapter 93, modify the priorities established before August 1, 2024, the priorities of claims to article 12 property established before August 1, 2024, cease to apply on the adjustment date.
349A.01 DEFINITIONS.
For the purposes of this chapter the terms defined in this section have the meanings given them.
MS 1994 [Repealed, 1995 c 254 art 1 s 97]
MS 1990 [Repealed, 1991 c 233 s 110]
MS 1990 [Repealed, 1991 c 233 s 110]
"Director" is the director of the State Lottery.
MS 1990 [Repealed, 1991 c 233 s 110]
"Gross receipts" means all money received from the sale of lottery tickets less amounts transmitted to the commissioner of revenue under section 297A.65.
"Gross revenue" means gross receipts from the sale of lottery tickets, fees, or other money received by the director, and interest earned on money in the lottery fund.
"Lottery" is the State Lottery.
"Lottery procurement contract" means a contract to provide lottery products, computer hardware and software used to monitor sales of lottery tickets, and lottery tickets. "Lottery procurement contract" does not include a contract to provide an annuity or prize payment agreement or materials, supplies, equipment, or services common to the ordinary operation of a state agency.
"Lottery retailer" means a person with whom the director has contracted to sell lottery tickets to the public.
"Lottery ticket" or "ticket" means any tangible evidence issued by the lottery to prove participation in a lottery game.
"Lottery vendor" or "vendor" means a person who has entered into a contract to provide equipment, supplies, or services for the lottery. A lottery vendor does not include a lottery retailer.
"Second chance drawing" means a drawing in which an eligible nonwinning lottery ticket is submitted to the lottery for entry into a drawing for a chance to win a prize.
349A.04 LOTTERY GAME PROCEDURES.
The director may adopt game procedures governing the following elements of the lottery:
(1) lottery games;
(2) ticket prices;
(3) number and size of prizes;
(4) methods of selecting winning tickets; and
(5) frequency and method of drawings.
The adoption of lottery game procedures is not subject to chapter 14.
351.01 RESIGNATIONS.
Resignations shall be made in writing signed by the resigning officer:
(1) By incumbents of elective offices, to the officer authorized by law to fill a vacancy in such office by appointment, or to order a special election to fill the vacancy;
(2) By appointive officers, to the body, board, or officer appointing them, unless otherwise specially provided.
Except as provided by subdivision 3 or other express provision of law or charter to the contrary, a resignation is effective when it is received by the officer, body, or board authorized to receive it. In the case of a position appointed by the governor under section 15.0597, the resignation must be submitted to the governor.
(a) Except as provided in paragraph (b), no resignation may be made to take effect upon the occurrence of a future contingency. Statements explaining the reasons for a resignation must not be considered to be contingencies unless expressly stated as contingencies.
(b) A resignation may be made expressly to take effect at a stated future date. Unless it is withdrawn as provided under subdivision 4, a resignation is effective at 12:01 a.m. on the stated date.
A prospective resignation permitted by subdivision 3 may only be withdrawn by a written statement signed by the officer and submitted in the same manner as the resignation, and may only be withdrawn before it has been accepted by resolution of the body or board or before a written acceptance of the resignation by an officer authorized to receive it.
342.05 STATEWIDE MONITORING SYSTEM.
The office must contract with an outside vendor to establish a statewide monitoring system for integrated cannabis tracking, inventory, and verification to track all cannabis plants, cannabis flower, and cannabis products from seed, immature plant, or creation until disposal or sale to a patient or customer.
The monitoring system must allow cannabis businesses to submit monitoring data to the office through the use of monitoring system software commonly used within the cannabis industry and may also permit cannabis businesses to submit monitoring data through manual data entry with approval from the office.
351.02 VACANCIES.
Every office shall become vacant on the happening of either of the following events, before the expiration of the term of such office:
(1) the death of the incumbent;
(2) the incumbent's resignation;
(3) the incumbent's removal;
(4) the incumbent's ceasing to be an inhabitant of the state, or, if the office is local, of the district, county or city for which the incumbent was elected or appointed, or within which the duties of the office are required to be discharged;
(5) the incumbent's conviction of any infamous crime, or of any offense involving a violation of the official oath;
(6) the incumbent's refusal or neglect to take the oath of office, or to give or renew the official bond, or to deposit or file such oath or bond within the time prescribed;
(7) the decision of a competent tribunal declaring the incumbent's election or appointment void;
(8) the death of the person elected or appointed to fill a vacancy, or for a full term, before the person qualifies, or before the time when by law the person should enter upon the duties of the office, in which case the vacancy shall be deemed to take place at the time when the term of office would have begun had the person lived.
349A.05 RULES.
The director may adopt rules under chapter 14 governing the following elements of the lottery:
(1) the number and types of lottery retailers' locations;
(2) qualifications of lottery retailers and application procedures for lottery retailer contracts;
(3) investigation of lottery retailer applicants;
(4) appeal procedures for denial, suspension, or cancellation of lottery retailer contracts;
(5) compensation of lottery retailers;
(6) accounting for and deposit of lottery revenues by lottery retailers;
(7) procedures for issuing lottery procurement contracts and for the investigation of bidders on those contracts;
(8) payment of prizes;
(9) procedures needed to ensure the integrity and security of the lottery; and
(10) other rules the director considers necessary for the efficient operation and administration of the lottery.
351.05 VACANCY DURING RECESS OF LEGISLATURE.
When a vacancy occurs during the recess of the legislature, in any office which the legislature, or the governor by and with the advice and consent of the senate, or of both branches of the legislature, is authorized to fill by appointment, unless otherwise specially provided, the governor may appoint some suitable person to perform the duties of such office for the time being. The person so appointed, before proceeding to execute the duties, shall qualify in the manner required by law of the officer in whose place the person is appointed and hold office until the vacancy is regularly filled, as provided by law.
342.07 AGRICULTURAL AND FOOD SAFETY PRACTICES; RULEMAKING.
In consultation with the commissioner of agriculture, the office by rule must establish certification, testing, and labeling requirements for the methods used to grow new cannabis plants or hemp plants, including but not limited to growth from seed, clone, cutting, or tissue culture.
In consultation with the commissioner of agriculture and representatives from the University of Minnesota Extension Service, the office shall establish best practices for:
(1) the cultivation and preparation of cannabis plants; and
(2) the use of pesticides, fertilizers, soil amendments, and plant amendments in relation to growing cannabis plants.
(a) Any person seeking to manufacture, process, sell, handle, or store an edible cannabis product or lower-potency hemp edible, other than an edible cannabis product or lower-potency hemp edible that has been placed in its final packaging, must first obtain an edible cannabinoid product handler endorsement.
(b) In consultation with the commissioner of agriculture, the office shall establish an edible cannabinoid product handler endorsement.
(c) The office must regulate edible cannabinoid product handlers in a manner consistent with Department of Agriculture regulation of food handlers under chapters 28A, 31, and 34A and associated rules, with the following exceptions:
(1) the office must issue an edible cannabinoid product handler endorsement, rather than a license;
(2) eligibility for an edible cannabinoid product handler endorsement is limited to persons who possess a valid license issued by the office;
(3) the office may not charge a fee for issuing or renewing the endorsement;
(4) the office must align the term and renewal period for edible cannabinoid product handler endorsements with the term and renewal period of the license issued by the office; and
(5) an edible cannabis product or lower-potency hemp edible must not be considered adulterated solely because the product or edible contains tetrahydrocannabinol, cannabis concentrate, hemp concentrate, artificially derived cannabinoids, or any other material extracted or derived from a cannabis plant, cannabis flower, hemp plant, or hemp plant parts.
(d) The edible cannabinoid product handler endorsement must prohibit the manufacture of edible cannabis products at the same premises where food is manufactured, except for the limited production of edible products produced solely for product development, sampling, or testing. This limitation does not apply to the manufacture of lower-potency hemp edibles.
342.08 ESTABLISHMENT OF ENVIRONMENTAL STANDARDS.
In consultation with the commissioner of the Pollution Control Agency, the office by rule must establish appropriate water standards for cannabis businesses.
In consultation with the commissioner of commerce, the office by rule must establish appropriate energy standards for cannabis businesses.
In consultation with the commissioner of the Pollution Control Agency, the office by rule must establish appropriate solid waste standards for the disposal of:
(1) cannabis flower and cannabis products;
(2) packaging;
(3) recyclable materials, including minimum requirements for the use of recyclable materials; and
(4) other solid waste.
The office by rule must establish appropriate standards and requirements to limit odors produced by cannabis businesses.
A cannabis business must comply with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to 4.
(a) The office may only adopt a rule under this section if the rule is consistent with and at least as stringent as applicable state and federal laws related to the subjects of subdivisions 1 to 4.
(b) The office must coordinate and consult with a department or agency of the state regarding the development and implementation of a rule under this section if the department or agency has expertise or a regulatory interest in the subject matter of the rule.
352B.013 AUTHORIZED LEAVE OF ABSENCE SERVICE CREDIT PURCHASE PROCEDURE.
This section specifies the procedure for purchasing service credit in the State Patrol retirement plan for authorized leaves of absence under section 352B.011, subdivision 3, unless an alternative payment procedure is specified in law for a particular form of leave or break in service.
(a) An employee covered by the plan specified in this chapter may purchase credit for allowable service in the plan for a period specified in subdivision 1 if the employee makes a payment as specified in paragraph (b) or (c), whichever applies. The employing unit, at its option, may pay the employer portion of the amount specified in paragraph (b) on behalf of its employees.
(b) If payment is received by the executive director within one year from the date the employee returned to work following the authorized leave, the payment amount is equal to the employee and employer contribution rates specified in section 352B.02 at the end of the leave period multiplied by the employee's hourly rate of salary on the date of return from the leave of absence and by the days and months of the leave of absence for which the employee is eligible for allowable service credit. The payment must include compound interest at the applicable monthly rate or rates specified in section 356.59, subdivision 2, from the last day of the leave period until the last day of the month in which payment is received. If payment is received by the executive director after one year from the date the employee returned to work following the authorized leave, the payment amount is the amount determined under section 356.551. Payment under this paragraph must be made before the date of termination from public employment covered under this chapter.
(c) If the employee terminates employment covered by this chapter during the leave or following the leave rather than returning to covered employment, payment must be received by the executive director within 30 days after the termination date. The payment amount is equal to the employee and employer contribution rates specified in section 352B.02 on the day prior to the termination date, multiplied by the employee's hourly rate of salary on that date and by the days and months of the leave of absence prior to termination.
349.11 PURPOSE.
The purpose of sections 349.11 to 349.22 is to regulate lawful gambling, to ensure integrity of operations, to provide for the use of net profits only for lawful purposes, and to authorize only those games or game features discussed in this chapter.
351.06 APPOINTMENT; CONTINUANCE OF TERM; IMPEACHMENT.
Unless otherwise provided for, when a vacancy in an elective office is authorized to be filled by appointment, such appointment shall continue until the next general election occurring after there is sufficient time to give the notice prescribed by law, and until a successor is elected and has qualified. When any state officer, excepting the lieutenant governor, shall be temporarily suspended from the performance of the duties of office by reason of having been impeached, the governor shall appoint some suitable person to exercise the duties of such office during the time of such suspension, and such person, before entering upon the duties, shall comply with the requirements of law relating to the same, and during incumbency shall be governed in the administration thereof by all laws enacted in reference thereto, and receive the compensation provided by law for such office.
349A.09 LOTTERY ADVERTISING.
The director shall include on each brochure, pamphlet, booklet, or other similar material the director publishes to promote or explain any lottery game, a prominent and clear statement of the approximate odds of winning each prize offered in that lottery game. Each lottery retailer must post prominently at or near the point of ticket sale a notice or notices printed and provided by the director of the approximate odds of winning each prize in each game for which the lottery retailer sells tickets.
(a) Advertising and promotional materials for the lottery adopted or published by the director must be consistent with the dignity of the state and may only:
(1) present information on how lottery games are played, prizes offered, where and how tickets may be purchased, when drawings are held, and odds on the games advertised;
(2) identify state programs supported by lottery net revenues;
(3) present the lottery as a form of entertainment; or
(4) state the winning numbers or identity of winners of lottery prizes.
(b) The director may not adopt or publish any advertising for the lottery which:
(1) presents directly or indirectly any lottery game as a potential means of relieving any person's financial difficulties;
(2) is specifically targeted with the intent to exploit a person, a specific group or economic class of people, or a religious holiday by use of a religious theme or symbol;
(3) presents the purchase of a lottery ticket as a financial investment or a way to achieve financial security;
(4) uses the name or picture of a current elected state official to promote a lottery game;
(5) exhorts the public to bet by directly or indirectly misrepresenting a person's chance of winning a prize; or
(6) denigrates a person who does not buy a lottery ticket or unduly praises a person who does buy a ticket.
The director must include, in any publication or print advertising which refers to a prize which is or may be paid in installments, a statement to the effect that the prize will be or may be paid in installments.
351.055 PREPARATIONS FOR SPECIAL ELECTIONS.
If a future vacancy becomes certain to occur and the vacancy must be filled by a special election, the appropriate authorities may begin procedures leading to the special election so that a successor may be elected at the earliest possible time. For prospective vacancies that will occur as a result of a resignation, preparations for the special election may begin immediately after the written resignation is received by the official provided in section 351.01, subdivision 1.
352B.071 EXEMPTION FROM PROCESS.
The provisions of section 356.401 apply to the State Patrol retirement plan.
342.10 LICENSES; TYPES.
The office shall issue the following types of license:
(1) cannabis microbusiness;
(2) cannabis mezzobusiness;
(3) cannabis cultivator;
(4) cannabis manufacturer;
(5) cannabis retailer;
(6) cannabis wholesaler;
(7) cannabis transporter;
(8) cannabis testing facility;
(9) cannabis event organizer;
(10) cannabis delivery service;
(11) lower-potency hemp edible manufacturer;
(12) lower-potency hemp edible retailer; and
(13) medical cannabis combination business.
349.13 LAWFUL GAMBLING.
Lawful gambling is not a lottery or gambling within the meaning of sections 609.75 to 609.76 if it is conducted under this chapter. A pull-tab dispensing device, electronic bingo device, and electronic pull-tab device permitted under this chapter and by board rule is not a gambling device within the meaning of sections 609.75 to 609.76 and chapter 299L. An electronic game device allowed under this chapter may not be a slot machine. Electronic game devices, including but not limited to electronic bingo devices, electronic paddlewheels, electronic pull-tab devices, and electronic raffle selection systems authorized under this chapter, may only be used in the conduct of lawful gambling permitted under this chapter and board rule and may not display or simulate any other form of gambling or entertainment, except as otherwise allowed under this chapter.
342.11 LICENSES; FEES.
(a) The office shall require the payment of application fees, initial licensing fees, and renewal licensing fees as provided in this section. The initial license fee shall include the fee for initial issuance of the license and the first annual renewal. The renewal fee shall be charged at the time of the second renewal and each subsequent annual renewal thereafter. Nothing in this section prohibits a local unit of government from charging the retailer registration fee established in section 342.22. Application fees, initial licensing fees, and renewal licensing fees are nonrefundable.
(b) Application and licensing fees shall be as follows:
(1) for a cannabis microbusiness:
(i) an application fee of $500;
(ii) an initial license fee of $0; and
(iii) a renewal license fee of $2,000;
(2) for a cannabis mezzobusiness:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(3) for a cannabis cultivator:
(i) an application fee of $10,000;
(ii) an initial license fee of $20,000; and
(iii) a renewal license fee of $30,000;
(4) for a cannabis manufacturer:
(i) an application fee of $10,000;
(ii) an initial license fee of $10,000; and
(iii) a renewal license fee of $20,000;
(5) for a cannabis retailer:
(i) an application fee of $2,500;
(ii) an initial license fee of $2,500; and
(iii) a renewal license fee of $5,000;
(6) for a cannabis wholesaler:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(7) for a cannabis transporter:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $1,000;
(8) for a cannabis testing facility:
(i) an application fee of $5,000;
(ii) an initial license fee of $5,000; and
(iii) a renewal license fee of $10,000;
(9) for a cannabis delivery service:
(i) an application fee of $250;
(ii) an initial license fee of $500; and
(iii) a renewal license fee of $1,000;
(10) for a cannabis event organizer:
(i) an application fee of $750; and
(ii) an initial license fee of $750;
(11) for a lower-potency hemp edible manufacturer:
(i) an application fee of $250;
(ii) an initial license fee of $1,000; and
(iii) a renewal license fee of $1,000;
(12) for a lower-potency hemp edible retailer:
(i) an application fee of $250 per retail location;
(ii) an initial license fee of $250 per retail location; and
(iii) a renewal license fee of $250 per retail location; and
(13) for a medical cannabis combination business:
(i) an application fee of $10,000;
(ii) an initial license fee of $20,000; and
(iii) a renewal license fee of $70,000.
349A.11 CONFLICT OF INTEREST.
The director, an employee of the lottery, a member of the immediate family of the director or employee residing in the same household may not:
(1) purchase a lottery ticket; or
(2) have any personal pecuniary interest in any vendor holding a lottery procurement contract, or in any lottery retailer; or
(3) receive any gift, gratuity, or other thing of value, excluding food or beverage, from any lottery vendor or lottery retailer, or person applying to be a retailer or vendor, in excess of $100 in any calendar year.
The director or an employee of the lottery in the unclassified service may not accept a gift the acceptance of which by an official would be prohibited by section 10A.071.
A violation of subdivision 1, clause (1), is a misdemeanor. A violation of subdivision 1, clause (2), is a gross misdemeanor. A violation of subdivision 1, clause (3), is a misdemeanor unless the gift, gratuity, or other item of value received has a value in excess of $500, in which case a violation is a gross misdemeanor.
The director or an unclassified employee of the lottery may not, within two years of terminating employment with the lottery, represent any person, corporation, or entity before the lottery. A violation of this paragraph is a misdemeanor.
351.07 HABITUAL DRUNKENNESS.
The habitual drunkenness of any person holding office under the constitution or laws of this state shall be good cause for removal from office by the authority and in the manner provided by law.
342.12 LICENSES; TRANSFERS; ADJUSTMENTS.
(a) Licenses issued under this chapter that are available to all applicants pursuant to section 342.14, subdivision 1b, paragraph (c), may be freely transferred subject to the prior written approval of the office unless the license holder has not received a final site inspection or the license holder is a social equity applicant.
(b) Licenses issued as social equity licenses pursuant to either section 342.14, subdivision 1b, paragraph (b), or section 342.175, paragraph (b), may only be transferred to another social equity applicant for three years after the date on which the office issues the license. Three years after the date of issuance, a license holder may transfer a license to any entity. Transfer of a license that was issued as a social equity license must be reviewed by the Division of Social Equity and is subject to the prior written approval of the office.
(c) License preapproval issued pursuant to section 342.125 may not be transferred.
(d) A new license must be obtained when:
(1) the form of the licensee's legal business structure converts or changes to a different type of legal business structure; or
(2) the licensee dissolves; consolidates; reorganizes; undergoes bankruptcy, insolvency, or receivership proceedings; merges with another legal organization; or assigns all or substantially all of its assets for the benefit of creditors.
(e) Licenses must be renewed annually.
(f) License holders may petition the office to adjust the tier of a license issued within a license category if the license holder meets all applicable requirements.
(g) The office by rule may permit the relocation of a licensed cannabis business; permit the relocation of an approved operational location, including a cultivation, manufacturing, processing, or retail location; adopt requirements for the submission of a license relocation application; establish standards for the approval of a relocation application; and charge a fee not to exceed $250 for reviewing and processing applications. Relocation of a licensed premises pursuant to this paragraph does not extend or otherwise modify the license term of the license subject to relocation.
349A.12 PROHIBITED ACTS.
A person under the age of 18 years may not buy or redeem for a prize a ticket in the state lottery.
A lottery retailer may not sell and a lottery retailer or other person may not furnish or redeem for a prize a ticket in the state lottery to any person under the age of 18 years. It is an affirmative defense to a charge under this subdivision for the lottery retailer or other person to prove by a preponderance of the evidence that the lottery retailer or other person reasonably and in good faith relied upon representation of proof of age described in section 340A.503, subdivision 6, in making the sale or furnishing or redeeming the ticket.
(a) A person other than a lottery retailer may not sell a ticket in the state lottery.
(b) A lottery retailer may not sell a ticket for a price other than the price set by the director.
A person who is a lottery retailer, or is applying to be a lottery retailer, a person applying for a contract with the director, or a person under contract with the director to supply goods or services to lottery may not pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service, excluding food or beverage, having an aggregate value of over $100 in any calendar year to the director, employee of the lottery, or to a member of the immediate family residing in the same household as that person.
Nothing in this chapter prohibits giving a state lottery ticket as a gift, provided that a state lottery ticket may not be given to a person under the age of 18.
A violation of subdivision 1 or 2 or a rule adopted by the director is a misdemeanor. A violation of subdivision 3 or 4 is a gross misdemeanor.
352B.085 SERVICE CREDIT FOR CERTAIN DISABILITY LEAVES OF ABSENCE.
A member on leave of absence receiving temporary workers' compensation payments and a reduced salary or no salary from the employer who is entitled to allowable service credit for the period of absence under section 352B.011, subdivision 3, paragraph (b), may make payment to the fund for the difference between salary received, if any, and the salary that the member would normally receive if the member was not on leave of absence during the period. The member shall pay an amount equal to the member and employer contribution rate under section 352B.02, subdivisions 1b and 1c, on the differential salary amount for the period of the leave of absence. The employing department, at its option, may pay the employer amount on behalf of the member. Payment made under this subdivision must include interest at the applicable annual rate or rates specified in section 356.59, subdivision 2, and must be completed within one year of the member's return from the leave of absence.
352.016 UNIVERSITY OF MINNESOTA EMPLOYEES; FURLOUGH SERVICE AND SALARY CREDIT.
A furloughed employee of the University of Minnesota who is a member of the general state employees retirement plan of the Minnesota State Retirement System may obtain allowable service credit and salary credit for the furlough period. The allowable service and salary credit authorization under this section is a leave of absence authorization for purposes of section 352.017 and the purchase payment procedure of section 352.017, subdivision 2, applies.
349A.13 RESTRICTIONS.
The director shall not:
(1) conduct a lottery game or contest the winner or winners of which are determined by the result of a sporting event other than a horse race conducted under chapter 240;
(2) install or operate a lottery device operated by coin or currency which when operated determines the winner of a game;
(3) sell pull-tabs as defined under section 349.12, subdivision 32;
(4) offer the play of, on an electronic terminal, through a website, or by any other means or device, casino-style games, including but not limited to blackjack, craps, keno, dice games, roulette, or poker;
(5) sell lottery tickets through a self-service device that is part of, shares a display with, or is adjacent to a retail petroleum dispenser under section 239.751;
(6) sell lottery tickets through a self-service device that is part of, shares a display with, or is adjacent to an electronic financial terminal under section 47.61, subdivision 3; and
(7) sell instant win lottery tickets through a website. The restriction in this clause does not apply to the sale of tickets of a joint lottery within the meaning of section 349A.02, subdivision 3, or games that rely on a drawing to select a winner.
349A.14 AUDIT.
The director shall contract for an annual certified audit of all accounts and transactions of the lottery. The audit must be conducted by a certified public accountant in accordance with generally accepted accounting standards. The director shall file a copy of each audit report of the lottery with the governor and the legislature.
349.153 CONFLICT OF INTEREST.
(a) A person may not serve on the board, be the director, or be an employee of the board who has an interest in any corporation, association, limited liability company, or partnership that is licensed by the board as a distributor, manufacturer, or linked bingo game provider.
(b) A member of the board, the director, or an employee of the board may not accept employment with, receive compensation directly or indirectly from, or enter into a contractual relationship with an organization that conducts lawful gambling, a distributor, a linked bingo game provider, or a manufacturer while employed with or a member of the board or within one year after terminating employment with or leaving the board.
(c) A distributor, manufacturer, linked bingo game provider, or organization licensed to conduct lawful gambling may not hire a former employee, director, or member of the Gambling Control Board for one year after the employee, director, or member has terminated employment with or left the Gambling Control Board.
(d) A member of the board, the director, or an employee of the board may not purchase any chance in a lawful gambling game unless it is part of an investigation.
349A.15 REPORT.
The director shall file an annual report with the governor and legislature which must include a complete statement of lottery revenues, administrative and operating costs, capital expenditures, net proceeds transferred, and other financial transactions for the period the report covers.
352.017 AUTHORIZED LEAVE OF ABSENCE SERVICE CREDIT PURCHASE PROCEDURE.
Except for leaves or breaks in service covered by section 352.27, this section applies to all plans specified in this chapter for any period of authorized leave of absence without pay that does not exceed one year and for which the employee obtains credit for allowable service by making payment as specified in this section to the applicable fund.
(a) An employee covered by a plan specified in this chapter may purchase credit for allowable service in that plan for a period specified in subdivision 1 if the employee makes a payment as specified in paragraph (b) or (c), whichever applies. The employing unit, at its option, may pay the employer portion of the amount specified in paragraph (b) on behalf of its employees.
(b) If payment is received by the executive director within one year from the date the employee returned to work following the authorized leave, the payment amount is equal to the employee and employer contribution rates specified in law for the applicable plan at the end of the leave period multiplied by the employee's hourly rate of salary on the date of return from the leave of absence and by the days and months of the leave of absence for which the employee is eligible for allowable service credit. The payment must include compound interest at the applicable monthly rate or rates specified in section 356.59, subdivision 2, from the last day of the leave period until the last day of the month in which payment is received. If payment is received by the executive director after one year, the payment amount is the amount determined under section 356.551. Payment under this paragraph must be made before the date of termination from public employment covered under this chapter.
(c) If the employee terminates employment covered by this chapter during the leave or following the leave rather than returning to covered employment, payment must be received by the executive director within 30 days after the termination date. The payment amount is equal to the employee and employer contribution rates specified in law for the applicable plan on the day prior to the termination date, multiplied by the employee's hourly rate of salary on that date and by the days and months of the leave of absence prior to termination.
349.154 EXPENDITURES; STANDARDS.
The board shall by rule prescribe standards that must be met annually by any licensed organization that is a 501(c)(3) or festival organization. The standards must provide:
(1) operating standards for the organization, including a maximum percentage or percentages of the organization's total expenditures that may be expended for the organization's administration and operation; and
(2) standards for any expenditure by the organization of net profits from lawful gambling, including a requirement that the expenditure be related to the primary purpose of the organization.
MS 2008 [Repealed, 2009 c 124 s 60]
MS 1990 [Repealed, 1991 c 336 art 2 s 53]
An organization that makes a greater percentage of its lawful purpose expenditures under section 349.12, subdivision 25, paragraph (a), clause (7), on facilities or activities for one gender rather than another may not deny a reasonable request for funding of a facility or activity for the underrepresented gender if the request is for funding for a facility or activity that is a lawful purpose under that clause. An applicant for funding for a facility or activity for an underrepresented gender who believes that an application for funding was denied in violation of this subdivision may file a complaint with the board. The board shall prescribe a form for the complaint and shall furnish a copy of the form to any requester. The board shall investigate each complaint filed and, if the board finds that the organization against which the complaint was filed has violated this subdivision, shall issue an order directing the organization to take such corrective action as the board deems necessary to bring the organization into compliance with this subdivision.
342.151 EMPLOYEES OF LICENSE HOLDERS.
For purposes of this section, a "license holder" includes a cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis retailer, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis event organizer, cannabis delivery service, lower-potency hemp edible manufacturer, lower-potency hemp edible retailer, or medical cannabis combination business.
A license holder may employ or contract with as many unlicensed individuals as may be necessary, provided that the license holder is at all times accountable for the good conduct of every individual employed by or contracted with the license holder. Before hiring an individual as a cannabis worker, the license holder must submit to the Bureau of Criminal Apprehension the individual's full set of fingerprints and written consent for the bureau to conduct a state and national criminal history check. The bureau may exchange an individual's fingerprints with the Federal Bureau of Investigation. The Bureau of Criminal Apprehension must determine whether the individual is qualified to be employed as a cannabis worker and must notify the license holder of the bureau's determination. The license holder must not employ an individual who is disqualified from being employed as a cannabis worker.
(a) A license holder must not employ an individual as a cannabis worker if the individual has been convicted of any of the following crimes that would constitute a felony:
(1) human trafficking;
(2) noncannabis controlled substance crimes in the first or second degree;
(3) labor trafficking;
(4) fraud;
(5) embezzlement;
(6) extortion;
(7) money laundering; or
(8) insider trading;
if committed in this state or any other jurisdiction for which a full pardon or similar relief has not been granted.
(b) A license holder must not employ an individual as a cannabis worker if the individual made any false statement in an application for employment.