Title Minnesota Statutes, Minnesota Statutes

238.083 SALE OR TRANSFER OF FRANCHISE. § Subdivision 1.Fundamental corporate change defined. For purposes of this section, "fundamental corporate change" means the sale or transfer of a majority of a corporation's assets; merger, including a parent and its subsidiary corporation;…

238.084 REQUIRED CONTENTS OF FRANCHISE ORDINANCE. § Subdivision 1.All systems. The following requirements apply to all cable communications systems unless provided otherwise: (a) a provision that the franchise shall comply with the Minnesota franchise standards contained in this …

238.086 FRANCHISE HOLDER EXEMPTION. If there is a conflict in language between the franchise of a person holding a franchise agreement with a local unit of government and an ordinance regulating use of public rights-of-way, the terms of the franchise shall prevail. History: 1997 …

238.11 CENSORSHIP PROHIBITED. § Subdivision 1. [Repealed, 1985 c 285 s 54] § Subd. 2.Access channel. No cable communications system may prohibit or limit a program or class or type of program presented over a leased channel or a channel made available for public access, governmen…

238.115 CABLE PROVIDER COMPLAINTS. A cable communications system holding a franchise to provide cable communications services in any area of this state must immediately provide a consumer complaint telephone number to any person who calls the system or its agent and asks for a co…

238.15 FINANCIAL INTEREST OF MEMBER. Members of any elected body granting franchises and employees of any franchising body who would be directly involved in the granting or administration of franchises for cable communications and who are employed by or who knowingly have any fin…

238.16 GROSS MISDEMEANOR. § Subdivision 1. [Repealed, 1985 c 285 s 54] § Subd. 2.Gross misdemeanor; corporate violation. Any person violating the provisions of this chapter is guilty of a gross misdemeanor. Any sentence imposed for any violation by a corporation shall be served b…

238.17 SERVICE TO EXTENSION AREA. § Subdivision 1.Conditions for extension. Notwithstanding the provisions of any other law to the contrary, a cable communications system may extend or provide service outside the boundaries of a core service unit if the cable communications syste…

238.18 UNFAIR PREFERENCE. § Subdivision 1. MS 2002 [Paragraph (a) renumbered subdivision 1] [Paragraph (b) renumbered 238.02, subd 1b] [Paragraph (c) renumbered 238.02, subd 34] § Subdivision 1.Definitions. For the purpose of this section the terms defined in section 238.02, subd…

238.22 DEFINITIONS. § Subdivision 1.Scope. The terms used in sections 238.22 to 238.27 have the meanings given them in section 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d. § Subd. 2. [Renumbered subd 10] § Subd. 3. [Renumbered subd 11] § Subd. 4. [Renumbered subd…

238.23 ACCESS REQUIRED. § Subdivision 1.Provision of access. A property owner or other person controlling access shall provide a cable communications system access to the property owner's multiple dwelling complex. The access provided must be perpetual and freely transferable by …

238.24 CONDITIONS FOR ACCESS. § Subdivision 1.In general. An installation of cable communications facilities under sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27 must conform to reasonable conditions necessary to protect the safety, fu…

238.241 CONDITIONS FOR ACCESS BY ALTERNATIVE PROVIDER. § Subdivision 1.Channel capacity. Cable systems granted access to a multiple dwelling complex under section 238.25 shall provide equipment with sufficient channel capacity to be used by alternative providers of television pro…

238.242 REIMBURSEMENT. § Subdivision 1.Providing alternative service. Other providers of television programming or cable communications services shall notify the person operating a cable communications system when a resident or association member occupying a dwelling unit in a mu…

238.25 PROCEDURE. § Subdivision 1.Applicable provisions. The procedure for acquiring access under sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27 must be as provided under this section, notwithstanding any provisions of chapter 117. § S…

238.26 SUBSEQUENT TAKING. In the event the premises upon which cable communications equipment has been installed is subsequently condemned by the state or by another entity empowered under state law to condemn by exercise of the power of eminent domain, the cable communications s…

238.27 INTERFERENCE WITH FACILITIES. No person may interfere with the installation, operation, inspection, maintenance, or removal of cable communications facilities or activities of a cable communications system under sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a,…

238.35 USE OF EXISTING EASEMENT; RESTRICTIONS. § Subdivision 1.Legislative findings. There is a long-standing legislative policy in the state of Minnesota to provide for the dedication or other provision of easements and public rights-of-way required by public utilities and cable…

238.37 SCOPE; POLE, DUCT, AND CONDUIT AGREEMENTS. Sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 only apply to pole, duct, and conduit agreements entered into or renewed between public utilities and cable communications systems on or after January 1, 1976, a…

238.38 PERMIT TO ATTACH TO POLE OR CONDUIT SYSTEM. Every pole, duct, and conduit agreement must contain a provision that before attaching to the public utility company's poles or occupying any part of the public utility's conduit system, the cable communications system shall appl…

238.39 LEGAL AUTHORITY. Every pole, duct, and conduit agreement must contain a provision that the cable communications system shall submit to the public utility company evidence of the cable communications system's lawful authority to place, maintain, and operate its facilities w…

238.40 LIABILITY; INDEMNIFY PUBLIC UTILITY. (a) Every pole, duct, and conduit agreement must contain a provision that the cable communications system shall defend, indemnify, protect, and save harmless the public utility from and against any and all claims and demands for damages…

238.41 INSURANCE. The cable communications system shall carry insurance to protect the parties to the agreement from and against any and all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly, from or by reason …

238.42 ADDITIONAL CONTRACT TERMS. Nothing contained in sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 in any way prohibits a public utility company from including in its pole, duct, and conduit agreements with cable communications systems additional terms wh…

238.43 REGIONAL CHANNEL. § Subdivision 1. [Renumbered 238.02, subd 31c] § Subd. 2.Legislative purpose. The purpose of this section is to facilitate the activation of a metropolitan area interconnected regional channel, to be uniformly carried on VHF channel 6 on cable communicati…

239.01 WEIGHTS AND MEASURES DIVISION; JURISDICTION. The Weights and Measures Division, referred to in this chapter as the division, is created under the jurisdiction of the Department of Commerce. The division has supervision and control over all weights, weighing devices, and me…

239.011 DIVISION RESPONSIBILITIES AND POWERS. § Subdivision 1.Responsibilities. The division shall: (1) ensure that weights and measures in commercial service within the state are suitable for their intended use, properly installed, accurate, and properly maintained by their owne…

239.02 DIRECTOR; DEPUTIES, EMPLOYEES. The department shall appoint in accordance with chapter 43A, a director of weights and measures and such deputies and other employees as may be necessary to carry out the provisions of this chapter. History: (4634, 5271) RL s 1959; 1911 c 140…

239.03 [Superseded by Minnesota Statutes, chapter 43]

239.051 DEFINITIONS. § Subdivision 1.Scope. The terms used in this chapter have the meanings given them in this section. § Subd. 1a.Advanced biofuel. "Advanced biofuel" has the meaning given in Public Law 110-140, title 2, subtitle A, section 201. § Subd. 2.Airport. "Airport" has…

239.06 RULES. The department shall prescribe and adopt such rules as it may deem necessary to carry out the provisions of this chapter, including but not limited to the adoption of definitions of basic units of weights and measures, tables of weights and measures, and weights and…

239.081 INSPECTING TRACK SCALE. The division shall supervise and inspect all track scales, and may direct any carrier to transport, move, and switch to any track scale free of charge any car used in the inspection and testing of scales. The division shall require the installation…

239.09 SPECIAL POLICE POWERS. When necessary to enforce this chapter or rules adopted under the authority granted by section 239.06, the director is: (1) empowered to seize for use as evidence and without formal warrant, any false weight, measure, weighing or measuring device, pa…

239.091 METHOD OF SALE. The method of sale for a commodity must provide an accurate and adequate quantity of information that will allow the buyer to make price and quantity comparisons. History: 1991 c 198 s 7; 2014 c 222 art 1 s 49

239.092 SALE FROM BULK. (a) Bulk sales of commodities, when the buyer and seller are not both present to witness the measurement, must be accompanied by a delivery ticket containing the following information: (1) the name and address of the person who weighed or measured the comm…

239.093 INFORMATION REQUIRED WITH PACKAGE. (a) A package offered, exposed, or held for sale must bear a clear and conspicuous declaration of: (1) the identity of the commodity in the package, unless the commodity can be easily identified through the wrapper or container; (2) the …

239.094 PACKAGED COMMODITY; ADVERTISING FOR SALE. When a packaged commodity is advertised with its retail price, the quantity declaration that appears on the package must also appear in the advertisement. History: 1991 c 198 s 10

239.10 ANNUAL INSPECTION. § Subdivision 1.Light capacity scales; retail establishments. The director shall inspect light capacity scales in retail establishments such as grocery stores, other retail food establishments, or hardware stores, not more often than once every 36 months…

239.101 INSPECTION FEES. § Subdivision 1.Fee setting and cost recovery. The department shall recover the amount appropriated to the weights and measures program through revenue from two separate fee systems under subdivisions 2 and 3, and according to the fee-setting and cost-rec…

239.11 [Obsolete]

239.23 OFFENSES; MISDEMEANOR. Any person who shall offer or expose for sale, sell or use, or possess a false scale, weight or measure, or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed as provided by sections 239.0…

239.24 HINDERING OFFICIAL; MISDEMEANOR. Any person hindering, impeding, or restricting in any way any employee of the division while in the performance of official duty shall be guilty of a misdemeanor. History: (5279) 1911 c 156 s 7; 1971 c 25 s 44; 1971 c 74 s 13; 1977 c 364 s …

239.32 STANDARD WEIGHT OF BUSHEL. In contracts for the sale of any of the following articles, the term "bushel" shall mean the number of pounds avoirdupois herein stated: corn, in ear, 70; beans (except lima beans, scarlet runner pole beans, white runner pole beans and broad wind…

239.33 STANDARD MEASUREMENTS OF WOOD. In all contracts for sale of wood the term "cord" shall mean 128 cubic feet of wood, bark, and air, if cut in four-foot lengths; and if the sale is of "sawed wood," a cord shall mean 110 cubic feet when ranked, or 160 cubic feet when thrown i…

239.34 STANDARD WEIGHT OF COAL AND CHARCOAL. In all contracts for the sale of coal, charcoal, and ice, the term "ton" shall mean 2,000 pounds. A sale of coal and charcoal, except by weight, is hereby prohibited. History: (7027) 1913 c 560 s 6; 1973 c 89 s 1

239.38 SEALING; MISDEMEANOR. Every person who shall buy, sell, or dispose of any goods or commodities by an unsealed weight, measure, or scale kept by the person, or shall knowingly use any such weight, measure, or scale which has been sealed, but is incorrect, shall be guilty of…