Memo-Transient Merchants/Temporary Fireworks sales
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..1 City Clerk I
CITY OF HOPKINS
To: Honorable Mayor and City Council
tC: " Jim Genellie
o From: Terry Oberniaier
Date: March 23,2004
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Subject: Transient Merchants/Temporary Fireworks Sales
At this time, we do notallovvtemporary fireWorks stand$.
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.We doall9wtransient merchants. "
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,We issue one transient merchant's license each, year. The license is issued to Sun ",
Ripe Citrus. They are a company from Wisconsin that comes to Mirmesota to sell I
. grapefruit and oranges from the back of a truck. They have\been issued a
..transient merchant's iicense for several years~ I have been reviewing the
, ordinances prior to writing this, report and believe ,that an errorhas been made in
the type of license that they have been issued in the past." They should have been
,', getting a, temporary fo,od license.' '
The vEmdorsthat set up in, conjunction with a City sponsored or sanctioned
festival are exempt from the requirements of the ordinarlce;
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Two years ago, the legislature passed a law allowing the sale of fireworks.
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Last year, the legislature passed a law putting a limit on the amount that we can charge
" for fireworks licenses. The law also,removedthe ability of the City to regulate the sale
of .fireworks to the extent that the Ci~ychose to in the ordinance that,was passed two
years ago.
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The LeagUE:) of MN Cities has taken tt)estand that if the City allows transient merchants
they have to allow temporary fireworks sales. If the City does not allow transient
'merchants,.they do not have to allow temporary fireworks stands.
Transient merchants are regulated by; Section 1145 of the Hopkins City Code. Currently,
there is very little regulation. Inthe ~ast, this has not been a problem, because there
have been few transient merchant licenses issued.
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The only regulations on transient merchants is that they cannot be located ona public'
. right-of..way; they have to keep. the area .free of trash and litter; they cannotgenerate '
, light, noise, dust, or odors' that would 'jannoy; all tents and awnings, or-similar items have
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.... to meet code; andthey have,to sho\,v written evidence of permissionfrom,the9wner of
. Jhe property.' "
This regulation will not be sufficient if we begin to, have more applications ,for transient
merchants.!""""
Some of the choices that we have are:
Do not allow TransiEmtMerchants.
, Allow' Transient Merchants
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Allow T~ahsientMerchantsand regulate them. " ", " ',,' '. "
'The City of Minnetonka'has ail food related;merchant~licenses under the
.' foodcode~ Transient merchants are set up In the Zoning Code as a'
conditional use and need to apply 60 d~ys prior to the time of set.;up.
The City of St. Louis'P~rk allows temporary sale~"iricluding temp~rary food
sales, in.certain zoningdistricts only." '. ". ",. ',."", ,,',
They allow temporary outdoor sales up to 100 square feet.
They require a teritpermit. "
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They do not allow overnight storage of merchandise in a temporary
sale stand.
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. If the standis overJ~O squar~feet,itis permittedfo.r a p~riod not to
exceed four consecutIVe days and a total of 12daysIn a calendar
year. ,
Temporary sales · are only allowed if . associated ,with a permitted
retail business operating within a building on the site in which the '
same orsiinilar m,erchandise is offered for sale except in publicparks~
Temporary' sales are allowed in required front yard, side yard and rear
yard, however, they are not allowed in any required landscaped area ,"
or buffer yard or,^,ithin the public, right of way.
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Staff would,recornmend a moratorium on all transient merchants for time to stu~ythe
options and make a decision onwhetl1er or nofto continue allowing transient merchants
and, if allowed, how they should be regulated..,
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'.., HOfikins City Code (Rev. 4/94)
1145.01
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Section 1145 -Peddlers, Sblicitors,andTransientMe.rchants
1145. 01. ,Purpose This Sect.ion is not', intended to interfere with, the
legitimate business acti vitiesof peddlers as the. same are defined herein,
'whether local or interstate. These provisions are intended only to, as nearly
as possible, ferret out "all illegitimate or' confidence operators and' to
regulate and control all those who would use their, unique '., presence qn
property within the City, . or their unique proximity to its, resident<);.foi
purpose's of harassment, nuisance, theft, or other unl:awfulactivities'.
1145.03 ' Definitions. Subdivision 1. When used in this SecHori,the
following terms, have the' followihgmeanings: ,
Subd. 2. "Peddler"'.meansany person; whether a resident of, the City
of Hopkins o,r riot, who goes froin)lOuse to house, from business to business,
from place to place, or from, street to street, conveying or transporting
,goods, wares' or merchandise or' offering or exposing the, same for sal~, or
making, sales where' payment' is ,received, immediately,'for' ,future, delivery, to
purchasers. It does not include.vendorsof milk, bakery products "or groceries
who, distribute their products to regular customers on established routes. "
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Subd 3. "peddling" means the act of being a' peddler.
. Subd 4. "Solicitor" means anyperson,.wheth,,"ra resident of'the
City bf Hopkins or,not, who goesfrornhouse to hbuse,frompla(je to place, or
from street to street' with the intention of taking immediate' orders for'
,services or goods for future delivery . and payment. All solicitors dealing
wi.th merchandise of' any kind to be delivered to customers" directly from
point, .,s, outside the State of Minnesota shaJ.lbe exempt from payment of the
license fee. ' " ,
Subd 5. "Transient Ilferchant" includes. any, person, firm or
corporation, whether as 'owner,> ,agent, ,consigriee~or employee, whether a
resident of the 'City of Hopkins' or not, who engages' in a ..temporarybusiness
of selling and delivery goods, wares and merchandise within the City, and
who, in furtherance of such purpose, ,hires, leases,' uses' or Qccupiesany
" vacant lot/parking 16t, motor vehicle, trailer, terit, bo~ciar, or'any st~eet,
alley or other place within the 'City, for the exhibition. and sale of such
goods,' wares andmerchanCiise; either privately or at pUblic auction, provided,.
however that such definition does not include any person, firm or corporation
who, ,while occupying such temporary 'location, , .does 'hot sell from stock, but
exhibits samples for the purpose of securing orders fo:!:'futtire delivery only,
nOt shall such definition" apply I to any person, firm or corporation who sells
such goods, wares, ,or, merchandise from within theconflnes ofa lawfully
establ.i.shed and operating permanent retail. sales operation.
1145.05. Permit Required. It is unlawful"for.anypeddler, soliCitor or
transient merchant. toenga9'e in ianYsuchbusiness .withihthe City of Hopkins'
, without first obtaining a permit: therefor in ,compliarice with the provisions
. of this' ordinance.. ,
'Section 1145 1
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Hopkins City Code (Rev. 4/94)
. 1145.07 '
1145.07. Exemptions. The terms of this Section do notincl';1de:
a) the acts of merchants or their emplOyees in delivering goods in the
~~guiar course of business; , ,
b) to the sale, of farm, or' garden products by the person producing the
same or where the produ<;:ts are sold at a "Farmer'smarket";
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c) children, age eighteen, or younger, soliciting for school sponsored
activities; , ,
d) children, age eighteen' 'or younger, soliciting for such organizations,
as the, "Bo~ Scouts" or,' "GirlScotits" ,where the children soliciting
are members of the organization and where, the' proceeds of the sale
are mainly devdted to t~e benefit ,of children; , '
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e) organizations selling Christmas trees at sites approved by the City,
although' such organizations shall, comply with Section 1145.15, Subd.
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~) "garage~ or "estate" sales;
g) solicitations by, any organization for philanthropic" religious :or
,," , educational caus~s if the following procedure has been accomplished:
. the requesting entity must file an application inwriting~ ona form
to b~ furnished by the City Clerk,' which shall give the following
information:
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1. ~ame and purpose of t~e cause, for which ,exemptioriis sought.
2. Name of theiridividual lnthe organization responsible for ,the
peddling or solicit~tion~. "
3. Names and addresses of the individuals who, will actually be 'doing
th~ peddling or solicitation. '
4. Period during whidh ~he peddling or solicita~ion is to be carried
on.
5.C~rtificate of nonprofit status from thesta1:.e where organized.
Upon receipt o:f the completed application, 'the', City Clerk \ shall issue a
permit without charge to such,; organization, association or corpOration to
solicit in the City., Such organization, shall furnish all of its members,
agents, or representatives conducting the peddling or solicitation
credentials, in writing, stating the name of the organization, name of agent
and pu;pose of the peddling orsQlicitation.
The City may also exempt certain transient merchants who may sell goods,
wares, ", or merchandise as part of a City sponsored 'or' licensed festival or
. activity.
'Sectio'll 1145 2
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.' Hopkins City Code (Rev. 4/94)
1145.09
1145.09. Application. Applica.nts of a p~rmitunder this Section shall file
with the City Clerk a sworn application in wx;iting on af6rmto be furnished
by the City Clerk. The application shall give the following information:
a) Name (including last, first and middle), date of birth, driver's
license number identification, and' written authorization for
necessary background checks by 'the Police Department '" of, the person
registering and each individual that will be ,carrying the activity of
a peddler, solicitor~;ortransient. merchant,. ,While only one
repres(ilntativefor a' gfpup need apply on behalf of the ,organization,
each individual that · will be participating in the peddling or
soliciting activity shall be required to su.brriitth~ above information
to the Police Department.
b), Complete permanent home. and local 'address of the 'applicant anc:i, in
the case of transient merchants, the local address from which
proposed sal~s will be made. '
c) ,A brief description, of the nature of the " business and, the goods to be
sold.
d) The length of time for \I1hich the right to do busiriessisdes:lred.
e) A statement as to' whethe,:r the applicant has ,been convicted of any
. crime, misdemeanor,' or', viola.tion of any municipal ordinance, other
than traffic violations, the nature of the offense and'the punishment
or penalty assessed theJe'efor. ' , " '" "
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f) The last municipalities'; not to,exceE?dthree, where applicant;'arried
on business immediately 'preceding the ,date of application, and the
addresses from which:, such business' was conducted in those
municipalities. ' ' , '
1145 .11. Fee. At the time · of filing the application,' the,' person
registering S"hall pay a fee 1:0 'cover the administrative costs of processing
and investigation. The fee.shall be fol:;' each in.dividual who is' registered.
The fee shall be set: by City Cou~cilResolution.
1145,.13. Investigation and' Issuance. SUbdivision L Upon receipt of each
application, it shall' be referred to. the Chief of Police, or his designee,
'who shall immediately institute 'an investigation of the applicant including,
,but not limited, to. a criminal history and, wanted persons" check with the
Bu.reau of Criminal Apprehension, for the protection of, 1:he public good and'
shall endorse the application" in the rciannerprescribed in this Section within
seventy...;two ,(72), hours, not incl~ding holidays or weekends, beginning the day
after it has been received by th~ police department.
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Section 1145' 3
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..... Hopkins City Code', (Rev. ,4/94)' 1145.13,
; Subd~ 2
Subd 2. Any applicant ,may be found to beunsa:t:lsfactory for reasons'
incl qding, but not solely limit~d to:. .
a) Fraud, misrepresentation' or incorrectstat:ement ", contained in the
application for permit.'
b) Past fraud"misrepreseritation or incbrrect:statement made in" the
course Of carr)'ing on a.business. as a'solicitor, canvasser; peddler,'"
transIent merchant, ,itinerant merchahtr Or itinerant: vendor.,
c) Pastconvidtion ,of any crime or misdemeanor involving f~aud, theft or,
mQ.ral turpitude, or .any. crime of violence as defined in M. S. 624.713.
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d) Conducting the buiiness: ofapeddleri ~01icit6r~ transient merchant,
itinerant merchant, or'i,tinerant vendor~ as, the case may have been,
in an unlawful mahner or in such .amanner .~~ to constit~te a breach
of peace' or to constitute a menace' to health, safety. or generai
welfare of the public. ",. , ,
, . ,,' Subd 3. ,'If, asa result of such investigation,' the applicant is
"found to be' unsatisfactory, the Chief ,bfPolice , shall "endorse on such'
application' his or her disapptoyal and the reasonsf()r' the same, " and return
,the application to the City Clerk, who shall notify . Ute applicant that
, .,~. . his/her application' is disapproved and that ~o permit will be issued~ ,"
. ' .' S'ubd. 4. If as a result of such " investigation, th,e applicant is',
found to be satisfactory, the chief of police ,'shall,endorseon the
application his or hex: approval ;and return the,appl:1-cation to the city clerk,
who shall deliver the permit to! :the applicant. 'Such permit shall contain the
signature of the' city clerk and shall, show the name, address and photograph
ofsaidpermiti:ee, the class of permit issued and the kinds of goods to be
s01d there1.mder," the date of issuance and the length, of time that the other
identifyirigdescdptio'n 'of any vehicle used in, such licensed business. Each
person issued a permit must carry it on his ot hetperson;whi1e conducting or
engaging in any acti vi tie,s regulated, hereunder. Noperm~ t shall be used at
anytime by an:ypersonotherthan the pne to, whom it ,is issueci. The City
Clerk shall keep a permanent record of all permits issued.
,1145 .i5. Practices Prohibited. Subdivision 1. Signs. Any resident of the
City or business. employee who wishes to exclude peddlers or solicitors from
premises occupied by the resident or business may place upon or near the
usUal entrance to such premises a printed placard or sign bearing the notice:
"Peddlers" and Solicitors Prohibited'~ . Such placard "shall be', at least '.' 3, 3/4
inches long and 3 3/4, inches wide and the printing thereon shall not be
smaller' than 48 point type . 'No peddler or solid tor shall enter in or upon '
any premi.ses or attempt: to en. ter: in, or upon any premises; where suchplacatd
or'sign is placed and maintaineCl. No person Other than the person occupying
'. such premises shall remove, injute' or defac.e such placard or sign.
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Section 1145 4
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, Hepkins City Cede (Rev, 4/94) 1145.15,
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, Any resident' .of. the City .or. business . empleye~ 'whewishes te exclude the
depesit .of advertising handbills, advertising circulars and ether'aavertising
materials frem the premises o9cupled by the resident. or business may plaCe
up en or near the usual, entrance te stich premises a printed placard .or sign
bearing the netice: '~Depesiting' .of Handbills,' Circulars, Advertising Material
Prehibited". Such ,placard shall be at least ,3' 3/4 inches lengand 3 3/4
inches w:i.deand the printing thereen shall nat be smaller than 48peint type.
',Na persen shall enter in .or upan any premises or attempt. t.o enter in .or upon
any premises where, such placard, or sign 'is . pla.cedand de1'osi tany advertising
handbills,' . advertising circulars .or" other ,advertising materiaL .", NQ person
other than the .person occupying. such premises 'shall" remove',' inj ure or deface
slichplacard .or ,siijn. '.
Subd. 2. Transient Business
aj na part of any transient business may be located upan a public right- ,
.of-Way; '. .
b) the' business may not generate noise, light, ,dust" or 'edors which
reasanably 'weuld ' tend, te disturb .or annoy .occupants .of adjacent'
resideritial praperties; ,
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c) the transient business licensee shall keep the parcel free, .of trash,
litter, and debris; , )
'.', d) any tents, canapies, awnings or' similar items and all" water,
electrical, . and' lighting facilities shall be in cemplianc'e with,
.' applicable codes .and regulatians.;
e) the transient me~6hant,.shall have inpossessieri written evidence .of
consent' of the .owner .or ieasee of theparcelta cenduct the, transient
business thereon. . ,
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Subd.3. ~. No peddler .or. sOliciter' shall enter ,upon. any
'residential .or business premises far the purpase' .or carrying en his .or her
trade .or business betweentl:'lel1.aurs .of 7:00,p;m.and 8:00a;trl:.April 1 ta
Octaber 31 or between the hours of 5: 00 p.m. and 8: OOa ;m. Nevember 1 te
March 31, unless such persen hasbe..en expressly invited to de SG by the .owner
.er .occupant thereef. ' .
Subd. 4. Leud Neises and Speaking Devices. Nepermittee, ner any
person 'in his/her behalf, ~hall ~hdut, cry aut,cblew a hern, .or use any sound
amplifying device upon any .of :the streets,', alleys, parks or' ether public
places,of. the city .or upon pr1vatepremises where seund .of sufficient velume.
i~emitted .orpreduced therefrem te be capable .of being plainly heard upen
the streets, avenues, alleys, parks, .or .other pul:>lic places, f.or the purpese
.of attracting attention te any geeds, wares, .or merchc'mdise which such
permittee prepeses t.o sell.
1'145.17. Registratien Peried'! Registratien shall be valid .only fOr the
calendar Year. All, registratiens shall expire en June 30 after their issue.
. The registratien fee shall remaip'the same threugheut the year.
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Section 1145 5
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1145.1Q Registration Nontransferable. 'A registration, may not. be
'. trahsferred. Eachpedd1.er, solicitor, or transient :merchant shall separately
register. ,
1145.21. Revocation of. License. Subdivision 1. Permits ' issued' under the
pro~isions of this pection may, be revoked by the CounciL of the ,c::ity,after
noti~e of a hearing ,for any of, 'the following causes: '
a) Fraud, ,misrepresentation or incorrect statement contained in the
application for pe:r;mit.'; ",. ,
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b) Fraud, !n;isrepresehtation or incorredtstatement made in the' cotiise of
carrying on hisbusiriessas solicitor, canva~ser, peddier, transient
merchant, itinerant merchant or itinerant vendor.'
c)Anyviolat:ion of this ordinance.
d). 'Conviction of any crime or misdemeanor involving fraud, theft or
moral turpitude, or any!crime of violence as defined in M.S. ,624.713.
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e) ConcluctiI1g th~;business, of a peddler, solicitor,traI1sient, merchant,
itinerant merchant, or itinerant v.endor,. as' the case maybe, in any
unlawful manner or, in' such a manner. >asto constitute a 'breach of
peace' or to constitute a ,menace to health, safety or general welfar'e
pfthe public. ";" ',,'. ,,",: ' ,',
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Subd. 2. . Notice, of the, hearing for' ,revocatiorlqf,a permit shall be
. ,giveryhy the City Clerk in writing, setting ,forth specificallyt.hegrounds of
. com.plaint and the time and place ,of hearing. Such 'notice shall be mailed
, postage prepaid, to, the permittee to his/her last knOwn address. at least five
(5) days prior ,to the date set for hearing, 'or shall be, deHyered by a police
,officer in the, same manner as a ,sununonsat least three' (3) :daysprioi to the
elate sEitforhearing.
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1145.2.3; Appeal. Any person aggrieved by the acti.on of the Chief of Police'
or the City Clerk in the denial'of a permit as provided, in' Section 1145 ; 13
;,may appeal to the City CounciL jSuchappeal shall be taken by filing with . the
Council within fourteen .(14 ) days after notice of the action. complained off a
,written statemE;nt settingforth,'fullythegrounds for: the ,appeal. The Council
shall .,set a time and place for; hearing on such appeal, and. notice of such
hearing-shall be given to ,the appellant in.. the same, mimner' as provided in
Sec,tion 1145.21 of this ordinance ,for notic,e of hearing onx:evocation~ No
indl vidual may conduct any ,business regulated hereunder "while an appeal pis
.' pending.' ". ,
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Section 1145 ,6
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Hapkins.CityCac1eAmended April 2003 600
CHAPTER' VI.
. . "0 PUBLIC HEALTH 0
Sect10n 600 - Food and Food Estab11shments
600.61 Provisians of the State' Law" adopted. ,The provisians of the State of
,Minnesota Faod Code ,Chapter 4626, 'Minnesata Rules 462.6.0010 through.
4626.1870, in effect on the'effective date, of this ardinance are hereby
adapted by reference subject to. the amendments as set forth in sectian 4
600.03 Health Authority!RegulatoryAutharity defined. This. ordinance shall
be administered by the City of, Hopkins Community Service Department. The
term "regulatary authori.ty" where used in the Minnesota Food code, Minnesata
'Rules Chapter 4626, shall mean City of Hopkins 'and its designated health
authority. '
600.05. Subdivision, 10 The following subparts of se~tion 4626.0020 1-201.10
STATEMENT OF APPLICATION AND LISTING OF TERMS are ,'amended ,to read as follows:
Subd.2. "Food establishment"means an operation that: stores,
prepares, packages, serves, vends, or otherwise provides food for human
consumption, including, but, not ilimited'to a restaurant, satellite or catered
:Eeedinc,Llocaticm"market, grocery store, convenience store, special event
food stand, school, boarding ,establishment, vending machine and vending
location; institution, bakery, wholesale food processor6r manufacturer, . ,food
broker; custom. processor; ,or relinquishes possession of foad to a consumer
directly or indirectly through a delivery .service, including the home
" ,delivery of grocery orders or restaurant takeout orders~' and. . a . delivery
. service that is provided by comm6n carriers. ,,' ,.' ' ,
Subd. 3. ,', Food establishment includes: (1) a transportation vehicle or
central preparation facility that supplies a vending location or satellite
feeding locat,ion unless the vending or feeding location is licensed by the
regulatory authority; (2) an operation that is conduct~d' in a\ mobile,
stationary, ,temporary, or permanent facility, location, or cart, regardless
of whether consumption is on, ar off the premises and regardless of whether.
~here is a charge for the food; and (3) those food service operations within
a hospital, nursing '"home, or floarding care home licensed under Minnesota
Statutes, sections 144.50 to 144:56, that are not limited to patient or
resident care.,' ".
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Subd. 4. Food establishment does not include: (1) a private home or
other location that receives catered or home-delivered food when only invited
guests are present; (2) a food. service limited to patient or resident care
within a. hospital, nursing home, boarding care home~ or supervised 'living
facility licensed' under Minnesotq Statutes, sections 144!50 to 144.56, except
for those operations subject to the rules and laws administered by, the
Minnesota Department of Agriculture.
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600.07 Section 4626.0030 is amended by adding subsection P as follows: P.
The person-in-chargeor other designated employee on-site must have
successfully completed a food establishment manager certification program at
at'requency approved by the health authority. The certificate must be
available or displayed to verify., compliance.
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Section 600 Page 1