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Editor’s note:
Division B was added by Ord. 87, passed 8-20-1956; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2001-49, passed 11-19-2001. Division B, Licensing and Inspections, was reinstated by Ord. 2017-25, passed 7-24-2017.
(a) Execution. If the application is that of an individual, the application must be signed and sworn to by that person; if of a corporation, by an officer thereof; if of a partnership, by one of the general partners; if of an unincorporated association, by the manager or managing officer of the motel or hotel.
(b) Verification. Applications for licenses under this Article V must be submitted to the issuing authority. The issuing authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry or a driver’s license history inquiry or both, on the applicant.
(c) Consideration. Within a reasonable period after the completion of the license verification process by the issuing authority, the issuing authority shall accept or deny the license application in accordance with this Article V. If the application is denied, the issuing authority will notify the applicant of the determination in writing. The notice will be mailed by regular mail to the applicant at the address provided in the application and it will inform the applicant of the applicant’s right, within 20 days after receipt of the notice by the applicant, to request an appeal of the issuing authority’s determination to the City Council. If an appeal to the City Council is timely received by the issuing authority, the hearing before the City Council shall take place within a reasonable period after receipt of the appeal by the issuing authority.
(Added by Ord. 87, passed 8-20-1956; recodified by Ord. 95-13, passed 8-7-1995; deleted and added by Ord. 2001-49, passed 11-19-2001; deleted and added by Ord. 2007-9, passed 2-26-2007; Ord. 2008-15, passed 5-5-2008; Ord. 2019-14, passed 2-4-2019)
(a) Persons ineligible. No license will be granted if the applicant:
(1) Is not a citizen of the United States or a resident alien, or does not have the legal authority to work within the United States;
(2) Is not of good moral character and repute;
(3) Is not 18 years of age or older on the date the application is submitted to the issuing authority;
(4) Has been convicted of a crime that directly relates to the occupation herein licensed, as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation to which this license applies as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(5) Has had a license similar to this Article V’s license revoked by any other government body within three years before the application date;
(6) Has been denied a license by the city because of circumstances, which occurred within three years before the application date;
(8) Has falsified any information or omitted material information required by this Article V; or
(9) Owes taxes or assessments to the state, county, school district or city that are due and delinquent.
(b) Locations ineligible. The following locations shall be ineligible for a license under this Article V:
(1) Taxes due on property. No license will be granted or renewed for operation on any property on which taxes, assessments or other financial claims of the state, county, school district or city are past due, delinquent, or unpaid. In the event a suit has been commenced under M.S. §§ 278.01 through 278.13, as they may be amended from time to time, questioning the amount or validity of taxes, the City Council may, on application, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due.
(2) Improper zoning. No license will be granted or renewed if the property is not properly zoned under Chapter 21 of this code unless the use is a legal, nonconforming use.
(Ord. 87, passed 8-20-1956; recodified by Ord. 95-13, passed 8-7-1995; deleted and added by Ord. 2001-49, passed 11-19-2001; deleted and added by Ord. 2007-9, passed 2-26-2007; Ord. 2019-14, passed 2-4-2019)
(a) Food establishment licensing categories.
(1) TYPE I means those food establishments serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day. Type I establishments include those:
(A) Preparing for retail sale time/temperature control for safety (TCS) foods that require extensive processing and handling on premises;
(B) Cooking or cooling TCS foods;
(C) Offering as a menu item, or an ingredient of a menu item, raw or undercooked meats, poultry products, eggs, fish, shellfish or similar foods;
(D) Transporting TCS foods as a catering service; or
(E) Conducting food processing that involves smoking, curing or reduced oxygen packaging.
Type I food establishments require a certified food protection manager as specified in Minnesota Rules Chapter 4626. They include, but are not limited to, full-service restaurants; counter-service restaurants; food retail delis; institutional kitchens; food manufacturing, packaging and processing plants; bakeries preparing TCS foods or detailed decorating; and meat markets with complex processing. A supplemental license is required for each additional separate and distinct food facility such as a bakery, kitchen, meat market, grocery store, bar or serving area facility on the same premises.
(2) TYPE II means a Type I food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day. Type II establishments require a certified food protection manager as specified in Minnesota Rules Chapter 4626.
(3) TYPE III means those food establishments serving or preparing:
(A) Mainly non-TCS foods and a limited amount of TCS foods that require minimal processing and handling;
(B) TCS foods prepared elsewhere and only heated or held cold on-site; and
(C) Serving or retailing limited TCS foods, such as pizza, requiring handling followed by heat treatment.
Type III establishments require a certified food protection manager as specified in Minnesota Rules part 4626.0033 unless specifically exempted. They include, but are not limited to, such operations as pizza carry-out and delivery; ice cream dipping; heating for hot holding pizzas, precooked bagged soups and wrapped sandwiches made elsewhere intended for customer self-service; bake-off only bakeries; produce departments; processing raw meat, poultry, fish, or game animals intended for cooking by the consumer; buffet-style breakfasts with hot held foods or waffle stations; coffee shops with frothed milk, juice bars with blended drinks and assembling yogurt parfaits; and serving kitchens receiving meals prepared elsewhere.
(4) TYPE IV means those food establishments having minimal food handling. They include, but are not limited to such operations as, preparing or packaging non-TCS food that are made from ingredients that are not TCS; heating or serving precooked hot dog or sausage products, popcorn, nachos, pretzels, or frozen pizza; childcare with snacks and milk; retail sales of cold or frozen packaged foods; packaged foods where customers may heat the food on-site; unpackaged baked goods made elsewhere; continental breakfasts with rolls, juice, coffee, cold cereal and milk; and on-sale bars with mixed drinks.
(5) TYPE V means those food establishments where non-TCS food or food products are sold at retail or served in the original container including snack bars, bottled beverages and packaged food products. Type V food establishments are not required to have a certified food protection manager as specified in Minnesota Rules Chapter 4626.
(6) SUPPLEMENTAL FACILITY means any additional distinct or separate food retail or food service facility on the same premises as a Type I, II, III, IV, or V establishment, including catering food vehicles. Supplemental facilities are categorized as:
(A) HIGH SUPPLEMENTAL FACILITY having similar food handling operations specified under Type I
or II
establishment;
(B) MEDIUM SUPPLEMENTAL FACILITY having similar food handling operations specified under Type III establishment; or
(C) LOW SUPPLEMENTAL FACILITY having similar food handling operations specified under Type
IV or V
establishment.
(7) TEMPORARY FOOD ESTABLISHMENT is defined in Minnesota Rules Chapter 4626 and includes special event food stands as defined in M.S.§ 157, as it may be amended from time to time. Temporary food establishments are categorized as:
(A) Complex temporary food establishment having similar food handling operations specified under Type I or II establishment; or
(B) Simple temporary food establishment having similar food handling operations specified under Type III, IV or V establishment.
(8) MOBILE FOOD UNIT is a food establishment preparing and serving food and beverages from a vehicle or trailer operating in conjunction with a licensed commercial kitchen or commissary for food preparation and storage. Mobile food units must adhere to the requirements of § 21.302.18 of the city code.
(A) Complex menu mobile food unit having similar food handling operations specified under a Type I or II establishment; or
(B) Simple menu mobile food unit having similar food handling operations specified under Type III, IV or V establishment.
(9) FARMERS’ MARKET STANDS meaning those food establishments operating at farmers’ markets and not exempt from licensing under M.S. § 28A, as it may be amended from time to time.
(10) VENDING MACHINES means devices dispensing unit servings of food that are either a food or beverage machine or a nut, gum ball or unwrapped candy machine.
(b) Lodging establishment licensing categories.
(1) HOTEL or MOTEL means those lodging establishments providing furnished sleeping accommodations to the public for periods typically less than one week.
(2) BED AND BREAKFAST means those lodging establishments providing furnished sleeping accommodations along with a morning meal of food and beverages to the public for periods of less than one week. Bed and breakfast establishments typically are located in buildings having historical significance.
(c) Public pool licensing categories.
(1) PUBLIC POOL means each separate water recirculation system as in Minnesota Rules part 4717.2550. Where a property has more than one pool located upon it, a separate license must be obtained for each pool.
(Ord. 87, passed 8-20-1956; recodified by Ord. 95-13, passed 8-7-1995; Ord. 96-67, passed 12-16-1996; deleted by Ord. 2001-49, passed 11-19-2001; added by Ord. 2007-9, passed 2-26-2007; Ord. 2017-25, passed 7-24-2017; Ord. 2019-14, passed 2-4-2019; Ord. 2022-10, passed 3-21-2022; Ord. 2022-12, passed 4-25-2022)
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