§ 14.457 GROUNDS FOR EMERGENCY CLOSURE.

   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)

DIVISION C: DOGS IN OUTDOOR AREAS OF FOOD AND BEVERAGE SERVICE ESTABLISHMENTS

§ 14.458 FINDINGS AND PURPOSE.

   This Division C is enacted to establish standards for licensed food and beverage service establishments to apply for approval to allow dogs to accompany persons patronizing designated outdoor areas per M.S. § 157.175, as it may be amended from time to time.

(Ord. 2022-10, passed 3-21-2022)

§ 14.459 PERMIT REQUIRED.

   (a)   An applicant seeking approval to allow dogs in designated outdoor areas shall provide the following required information on an application or license addendum form as required by the Issuing Authority:

      (1)   The name, location, and mailing address of the establishment;

      (2)   The name, mailing address, and telephone contact information of the applicant;

      (3)   A description of the designated outdoor areas in which the applicant intends to allow dogs; and

      (4)   A description of the days of the week and hours of operation that the patrons' dogs will be permitted in the designated outdoor areas.

   (b)   A onetime permit application fee is required and is listed in City Code Appendix A. The designated outdoor dog area permit will automatically renew upon food establishment license renewal and be printed on license unless the food establishment licensee informs the Issuing Authority to end the permit.

   (c)   A designated outdoor dog area permit is not transferable or assignable and expires automatically upon the sale the establishment.

(Ord. 2022-10, passed 3-21-2022)

§ 14.460 MINIMUM REQUIREMENTS.

   (a)   Permit holders must comply with the following requirements:

      (1)   Dangerous and potentially dangerous dogs are not allowed;

      (2)   Employees are prohibited from touching, petting, or otherwise handling dogs; should any employee inadvertently touch or otherwise handle a dog, the employee must promptly wash their hands and exposed portions of their arms;

      (3)   Employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations;

      (4)   Patrons must keep their dogs on a leash at all times and must keep their dogs under reasonable control;

      (5)   Dogs must not be allowed on chairs, tables, or other furnishings; and

      (6)   Dog waste must be cleaned immediately and the area sanitized.

   (b)   These requirements must be clearly printed on signs posted within the designated outdoor dog area conspicuous to employees and patrons. Additionally, a clearly printed sign must be posted within the entry of the establishment that indicates where dogs are allowed on the premises.

   (c)   Dangerous and potentially dangerous dogs, as defined in M.S. § 347.50, as it may amended from time to time, and regulated in Chapter 12, Article IV of this City Code, are prohibited from accompanying patrons to food and beverage service establishments.

   (d)   Nothing in this Division C requires food and beverage service establishments to allow dogs in designated outdoor areas. A person accompanied by a dog who remains at an establishment knowing that the operator of the establishment or its agent has posted a sign banning dogs or otherwise informed the person that dogs are not permitted in the establishment may be ordered to leave the premises.

(Ord. 2022-10, passed 3-21-2022)

§ 14.461 SERVICE ANIMALS.

   Nothing in this Division C shall be construed to limit:

      (1)   The right of a person with disabilities to access places of public accommodation while accompanied by a service animal as provided in M.S. §§ 256C.02 and 363A.19, as they may be amended from time to time; or

      (2)   The lawful use of a service animal by a licensed peace officer.

(Ord. 2022-10, passed 3-21-2022)

§ 14.462 SEVERABILITY.

   If any section, subsection, sentence, clause or phrase of this Article V is for any reason held to be invalid, such decision does not affect the validity of the remaining portion of this Article V. The City Council hereby declares that it would have adopted the ordinance in each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

(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. 2022-10, passed 3-21-2022)

§ 14.463 PENALTY.

   A violation of this Article V shall be a misdemeanor. Civil penalties may also be issued pursuant to § 12.15 of the city charter and § 1.19 of this city code. However, nothing in this Article V shall be construed to limit the city’s other available legal remedies for any violation of the law, including licensing sanctions, criminal, civil and injunctive actions.

(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. 2022-10, passed 3-21-2022)