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No person shall operate a food establishment, lodging establishment or public pool within the city or engage in any enterprises described in Article V, without first obtaining and having a valid license as provided herein. The application for such license will be made on forms furnished by the city and shall describe the general nature of the business, its location and any other information deemed necessary by the city. The application must be in the name of the owner of the real property on which the licensed premises are situated and bear the signature of the owner or that of the owner’s authorized agent. The license must be posted in a location conspicuous to customers. A current retail mobile food handler license issued by the Minnesota Department of Agriculture will be accepted in lieu of a city-issued mobile food unit, temporary food establishment, or farmers' market stand license.
License fees are listed in City Code Appendix A. The annual license fee will be effective for one year from the date of approval, and such license must be renewed annually on the anniversary of such approval except for outdoor public pools. Outdoor public pool licenses expire on March 31 of each year and will be issued following a satisfactory beginning of the season inspection or opening inspection.
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)
(a) Food establishments. This Article V specifically adopts the following additional standards for health and safety to Minnesota Rules Chapter 4626 for food service establishments excluding retail food establishments delegated by the State Department of Agriculture.
(1) Minnesota Rules Chapter 4626.1050, A is amended to read as follows: A hand washing sink must be equipped to provide water at a temperature of at least 43°C (110°F), but not more than 54°C (130°F) in a food establishment and not more than 48°C (120°F), in a sink that is used by children such as at a school, day care or preschool, to allow handwashing for at least 20 seconds through a mixing valve or combination faucet.
(2) Minnesota Rules Chapter 4626.1325, A is amended to read: Except as specified in item B, materials for indoor floor, wall and ceiling surfaces under conditions of normal use must be:
i. Smooth, durable and easily cleanable for areas where food establishment operations are conducted;
ii. Closely woven and easily cleanable carpet where carpeting is permitted; and
iii. Nonabsorbent for areas subject to moisture and resistant to the wear and abuse to which they are subjected. Materials such as, but not limited to, quarry tile, or ceramic tile are approved for floors in food preparation areas, toilet rooms, hand washing areas, wait stations, kitchens, bars, walk-in refrigeration, ware washing areas, janitorial areas, laundry rooms, areas subject to flushing or spray cleaning methods, and other areas subject to moisture. Materials such as, but not limited to, ceramic tile are approved for walls subject to splash or moisture in food preparation areas, ware washing areas, toilet rooms and the like.
(3) Minnesota Rules Chapter 4626.1465, Toilet Tissue, Availability. A supply of toilet tissue in a mounted dispenser must be available at each toilet.
(4) A food establishment must have in place and use a system of risk-based self-inspection. The self-inspection program must include written policies, appropriate forms for logging self-inspections, and evidence that routine self-inspection of all aspects of the food establishment takes place.
(5) Minnesota Rules Chapter 4626.0123 Cleanup of vomiting and diarrheal events. A food establishment must have written procedures for employees to follow when responding to vomiting or diarrheal events that involve the discharge of vomitus or fecal matter onto surfaces in the food establishment. The procedures must address the specific actions employees must take to minimize the spread of contamination and the exposure of employees, consumers, food, and surfaces to vomitus or fecal matter.
(b) Lodging establishments. This Article V specifically adopts the following additional standards for health and safety to Minnesota Rules Chapter 4625.
(1) The proprietor of each lodging establishment must at all times place and maintain a number or other designation on each lodging unit and must provide and keep a guest register containing the name of each and every person staying at such lodging establishment and occupying a lodging unit therein. In addition to the name of each person registered for the unit, the proprietor of such lodging establishment must also include the place of residence of the person whose name is so registered, the license number of any automobile in which such person is traveling and the number or other designation of the lodging unit or space occupied by the guest in such lodging establishment. This register must be shown to law enforcement agents upon request without any further legal authority.
(c) Public pools. This Article V specifically adopts the following additional standards for health and safety to Minnesota Rules Chapter 4717.
(1) When the public pool is not open for use, access to the pool must be prevented.
(2) Depth of the water must be plainly marked at or above the water surface on the vertical pool wall anywhere it is required on the deck in Minnesota Rules Chapter 4717.2450.
(Ord. 87, passed 8-20-1956; recodified by Ord. 95-13, passed 8-7-1995; deleted by Ord. 2001-49, passed 11-19-2001; added by Ord. 2007-9, passed 2-26-2007; amended by Ord. 2010-13, passed 5-17-2010; Ord. 2014-9, passed 5-5-2014; Ord. 2016-24, passed 10-24-2016; Ord. 2019-3, passed 1-7-2019; Ord. 2019-14, passed 2-4-2019)
(a) Administrative variance request.
(1) Relief from the strict compliance with the requirements of § 14.452 and those parts of Minnesota Rules Chapter 4626 for food establishments and Chapter 4625 for lodging establishments hereof may be granted in the form of a variance. Variance requests from the requirements of Minnesota Rules Chapter 4626 for food establishments will not be considered from the requirements specifically listed in Minnesota Rules part 4626.1690, subpart A(1) through (4). Variance requests from the requirements of Minnesota Rules Chapter 4625 for lodging establishments will only be considered to the extent allowed by Minnesota Rules, part 4625.2355. The variance application must be from the party to whom the requirement applies and must be in writing and submitted to the Health Authority, including, at a minimum, the following information:
(2) The full name, address, daytime and evening telephone numbers of the party requesting a variance;
(3) The address of the licensed premises;
(4) The relationship of the party requesting a variance to the licensed premises;
(5) The specific reasons why the requirements of city code or state rule cannot be met;
(6) A description of alternative measures that will be taken to ensure a comparable degree of protection to the health or the environment if a variance is granted;
(7) The length of time for which the variance is requested;
(8) A statement that the person applying for the variance will comply with the terms of the variance and maintain a copy if granted;
(9) A HACCP plan, if required under part 4626.1730, that includes the information in part 4626.1735 that is relevant to the variance requested; and
(10) Other relevant information the city determines necessary to properly evaluate the request for a variance.
(b) Criteria for variance. The Health Authority may grant a variance request upon making all of the following findings of fact in writing:
(1) The variance was requested in the manner prescribed by this section of city code;
(2) The variance will have no potential adverse effect or impact on public health, safety or the environment;
(3) The alternative measures to be taken, if any, are equivalent to or superior to those prescribed by this city code;
(4) Strict compliance with this section(s) of city code will impose an undue burden on the applicant;
(5) The variance does not vary a statutory standard or preempt federal law or rule;
(6) The variance has only future effect; and
(7) The applicant agrees in writing to comply with all of the terms and conditions of the variance and understands that a violation thereof may invalidate the variance and may result in enforcement actions, and the imposition of penalties, including license suspension or revocation.
(c) Conditional variances. The Health Authority in granting a variance may attach any conditions that are deemed necessary to protect the public health, safety or the environment. It is the duty of the variance applicant to notify the Health Authority in writing within 30 days of any material change in the conditions upon which the variance was granted. Failure to comply with all of the stated conditions of the variance may invalidate the variance and may result in enforcement actions.
(d) Notification of decision. The Health Authority shall notify the applicant for a variance of its decision to grant or deny the variance in writing. If the variance is granted, the notice shall specify the period of time for which the variance remains in effect and the conditions, if any, attached to the variance. If the variance request is denied, reasons for the denial shall be set forth in the notice.
(e) Renewal of variance. For those variances granted with a specific expiration date, a request to renew that variance must be made at least 30 days prior to its expiration date on such forms as provided by the city, which must include at a minimum the information set forth in original request. There is no continuing right to a variance unless specified in the variance approval. The Health Authority in granting a renewal request shall consider all of the criteria set forth in this section.
(f) Denial, revocation or refusal to renew. The Health Authority will deny, revoke or deny renewal of a variance where the criteria set forth in this section is not met. The variance applicant may appeal that decision in writing within 30 days of the date of the written notice of denial, setting forth in detail the basis for the applicant’s position that the variance criteria set forth in this section have been met and attaching all documentation in support thereof. A hearing shall be held within 45 calendar days thereof following the procedures set forth in § 1.17 of this city code.
(g) Emergency recovery. Temporary variances may be granted to licensees to operate during and following natural or human-made disasters for the benefit of the public while maintaining the intent of city, state and federal regulations to protect the public’s health. Temporary variances for emergency recovery may be both initiated by the licensee and approved by the Health Authority verbally.
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