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(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.
(a) Temporary suspension. The Health Authority, with the approval of the City Manager, shall immediately suspend the license of any food establishment, lodging establishment or public pool for the violation of any terms of this Article V if such violations constitute an imminent public health hazard. Upon notification by the Health Authority of a temporary suspension of license, by posting of the report as set forth at the time of the inspection, the licensee must immediately cease operation. The licensee may appeal the temporary suspension in writing to the City Council. Upon notification in writing by the licensee to the Health Authority that all violations for which the temporary suspension was invoked have been corrected, the Health Authority will reinspect the food establishment, lodging establishment or public pool within two city business days or other reasonable agreed upon length of time. If all violations constituting the grounds for the temporary suspension have been corrected, the Health Authority will immediately terminate the suspension. The Health Authority shall not suspend a license if the violation or violations constituting an imminent public hazard can be eliminated or removed immediately.
(b) Suspension or revocation. The City Council may suspend or revoke a license issued pursuant to this Article V for a violation of:
(1) Fraud, misrepresentation or false statement contained in a license application or a renewal application;
(2) Fraud, misrepresentation or false statement made in the course of carrying on the licensed occupation or business;
(3) Any violation of this Article V or state law;
(4) A licensee’s criminal conviction that is directly related to the occupation or business licensed as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time; provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time; or
(5) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community.
(c) Notice and hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight days’ notice of the time and place of the hearing and state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application.
(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; Ord. 2008-15, passed 5-5-2008; Ord. 2019-14, passed 2-4-2019)
Construction must not commence on any new or remodeled food establishment or lodging establishment, or any existing structure converted to a food establishment or lodging establishment until the Health Authority has reviewed and approved the plans and specifications. Those construction projects being expedited under the fast track building permit process, must not have any equipment or floor, wall or ceiling finish materials installed until the Health Authority has reviewed and approved the plans and specifications.
(a) Building permits and planning approval. No structure of any kind will be erected until the plans and arrangements of building, passageways, street and parking spaces have been first approved by the Planning and Building and Inspection Divisions. Building permits shall be issued for such structural work.
(b) Submission of plans.
(1) Two complete sets of printed or one set of digital plans and specifications must be submitted to the Health Authority for review.
(2) One full set of plans approved by the Health Authority must be maintained on site of the construction project.
(3) All building, electrical, plumbing and HVAC plans as applicable must be submitted to the Building and Inspection Division and the Health Authority.
(c) Plan review fees. Fees for plan review by the Health Authority of new or remodeled food establishments and lodging establishments shall be those set by the city in City Code Appendix A. If work has commenced prior to approval of construction or remodeling plans, additional fees may be assessed.
(d) Additional criteria for food establishments.
(1) The plans and specifications for a food establishment must include:
(A) The intended menu;
(B) The anticipated volume of food to be stored, prepared, and sold or served;
(C) The proposed layout to-scale, mechanical schematics, construction materials and finish schedules;
(D) The proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capabilities and installation specifications;
(E) A complete set of elevations including drawings for all custom fabricated equipment;
(F) A functional flow plan indicating how food will be handled; and
(G) Other information that may be required by the Health Authority for the proper review of the proposed construction, conversion or modification.
(e) Additional criteria for lodging establishments.
(1) The plans and specifications for a lodging establishment must include:
(A) The proposed layout to-scale, mechanical schematics, construction materials and finish schedules;
(B) The proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capabilities and installation specifications; and
(C) Other information that may be required by the Health Authority for the proper review of the proposed construction, conversion or modification.
(f) Additional criteria for public pools.
(1) Plans for public pools must be submitted and approved as specified in Minnesota Rules part 4717.0450. All building, electrical, plumbing and HVAC plans must be submitted as required in Chapter 15.
(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; Ord. 2011-16, passed 8-1-2011; Ord. 2014-18, passed 12-1-2014; Ord. 2019-14, passed 2-4-2019; Ord. 202021-3921-39, passed 11-29-2021; Ord. 2022-41, passed 8-29-2022)
(a) The Health Authority will inspect each food establishment, lodging establishment or public pool prior to issuing a license and as deemed necessary by the Health Authority. The Health Authority will not issue a license until the food establishment, lodging establishment or public pool complies with the standards of this Article V as demonstrated by a satisfactory inspection.
(b) The Health Authority, after proper identification, will have the right to enter and have access to the food establishment, lodging establishment or public pool at any time during the conduct of business.
(c) The Health Authority will inspect each food establishment, lodging establishment or public pool as frequently as necessary during construction, and prior to opening for service to the public, to ensure that construction and operations are in conformance with this Article V.
(d) The licensee, owner or operator of a food establishment, lodging establishment, or public pool, upon receipt of a health inspection report giving notice of violations of this Article V must correct or remove each violation in the length of time determined by the Health Authority. Priority 1 and priority 2 designated food code violations must be complied with immediately or within 24 hours if not otherwise specified by the Health Authority. Failure to remove or correct each violation within the specified time period willconstitute a separate violation of this Article V. The Health Authority may issue orders to halt construction or remodeling, or to take corrective measures to ensure compliance with this Article V.
(e) The person in charge of the food establishment, lodging establishment or public pool must make available and allow copying of any and all relevant records necessary to ascertain compliance with this Article V within a reasonable time period.
(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; Ord. 2019-14, passed 2-4-2019)
If any of the following conditions exist, the operator or person in charge may be ordered to discontinue all operations of the food establishment, lodging establishment or public pool until such time as the Health Authority confirms the correction of the violation:
(a) Failure to possess a license as required by § 14.446;
(b) Evidence of a sewage backup in a food preparation, food storage or utensil washing area;
(c) Lack of potable, plumbed, hot or cold water to the extent that hand washing, food preparation or toilet facilities are not operational;
(d) Lack of electricity or gas service to the extent that hand washing, utensil washing, food preparation, ventilation, lighting or toilet facilities are not operational;
(e) Evidence of an ongoing illness associated with the operation of the food establishment, lodging establishment or public pool;
(f) Significant damage to the food establishment, lodging establishment or public pool due to tornado, fire, flood or other disaster;
(g) Evidence of an extensive infestation of rodents or other vermin;
(h) Evidence of cross contamination, filthy conditions or poor personal hygiene to the extent of posing an imminent health risk;
(i) Lack of an effective means of sanitizing dishes or utensils;
(j) Misuse of poisons or toxic materials; or
(k) The existence of any public health nuisance, as defined in M.S. § 145A.02, subd. 17, as it may be amended from time to time.
(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)
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