Memo - Food Carts; GenellieDepartment of Administration
Memorandum
To:
Hopkins City Council
From:
Jim Genellie
Date:
May 8, 2009
Subject:
Food Carts
The City has been approached by Rocky Marlow who requested permission to operate a
hot dog cart in downtown Hopkins.
Currently Hopkins does not have any license that covers this sort of activity. Our
temporary food license has been used to cover events such as the Raspberry Festival.
Our transient merchant license is limited to four days.
Mr. Marlow is requesting the use of a public space six days a week from 9:30 a.m. to
12:30 p.m.
Since Mr. Marlow is requesting the use of a public space, one way to handle all of the
regulatory issues is to create an agreement between the City and Mr. Marlow. Attached is
a copy of such an agreement. Another advantage of an agreement is that either side can
end the activity. Mr. Marlow could find out early on that he cannot sell enough hot dogs to
succeed. The City might discover unanticipated problems. Either party can terminate the
agreement with 14 days notice.
Minneapolis and St. Paul have adopted ordinances to cover food vendors. One thought
was that if Mr. Marlow is successful and the City is comfortable with this activity, a food
vendor ordinance could be adopted in Hopkins for 2010.
A concern that staff has had is that if Mr. Marlow is allowed to conduct this activity, more
vendors will want to follow his example. Another individual has already contacted the City
and asked to be allowed to have a food cart on private property. This would currently not
be allowed under the City's transient merchant license.
Questions include:
Should the City allow mobile food vendors?
If so, should the City Code be amended to regulate them?
Attachments:
• Draft Property Use Agreement
• Minneapolis and St. Paul ordinances
Wdmin MEMO.doc
PROPERTY USE AGREEMENT
This Agreement is made between the City of Hopkins, (hereinafter "City") and
Jf0c'e Meal 16"e-) I I�(TIL 'I/ --�
J 11 (e efi nafter "Lessee ")
The City owns property located at 900 Mainstreet - the Clock Tower Plaza.
LOT 6 EXCEPT THAT PART OF LOT 6 DESC AS BEG AT NW COR THOF TH ELY ALONG
N LINE THOF DIST 10.18 FT TH SLY PAR WITH THE W LINE THOF DIST 28 FT TH
WLY AND PAR WITH THE N LINE THOF DIST 10.18 FT TO W LINE THOF TH NLY TO BEG
Block 005 West Minneapolis. (hereinafter "City Property")�y j[ /
The Lessee desires to secure certain space in the City Property to operate a Q��
Now, therefore, in consideration of the mutual covenant herein, the parties agree as follows:
1. EXCLUSIVE RIGHT. The Lessee shall not have any exclusive rights to operate at the City Property during the
terns of this agreement. The City Property shall be, at all tunes, accessible to the public.
2. RENT. The rent for the use of the City Property shall be $500.00 per year. In the event the lessee terminates the
lease within 45 days of the date of this agreement, one -half of the annual rent will be returned to the lessee.
3. OPERATIONS:
1. The Lessee shall obtain a food handler's license and shall comply at all times with the applicable health
codes and regulations.
2. The Lessee shall keep the immediate area clean and comply with any specific directions from the City with
respect to clean up.
3. The lessee all conduct his business on the following days /V-0%i — S,E? t between the hours of
4. UTILITIES. The Lessee shall not use any City utilities.
5. INDEMNIFICATION. By signing this agreement, the Lessee agrees to RELEASE AND DISCHARGE the City
and their agents and employees, from liability for injuries or damages, including any losses caused by the negligence
or strict liability of the released parties. The Lessee agrees not to sue or make claim against those agencies and
agrees to defend, hold harmless and indemnify the City from all claims losses, actions and suits that may be brought
as a result of use of the City Property.
6. INSURANCE. The Lessee shall carry a policy of general liability insurance, which shall provide coverage for any
and all potential liabilities arising from the operation of the concessions stand. The Lessee must provide the City
with proof of such insurance.
7. ASSIGNMENT AND SUBLEASE. The Lessee will not assign this contract or sublet any portion of the contract
without consent in writing from the City.
8. TERMINATION. Either party many tenninate this agreement at will by giving 14 days written notice to the other
party.
9.TERM. The tern of this agreement shall be from to /Y,41
FOR THE CITY OF HOPKINS; FOR THE LESSEE;
Eugene J. Maxwell, Mayor DATE
Rick Getschow, City Manager DATE
DATE
DATE
Minneapolis
188.510. Sidewalk cart food vendors. Notwithstanding the provisions of sections 188.110,
188.480(8), 427.110 and 427.130 of this Code, licenses may be issued pursuant to section 259.30
for sidewalk cart food vendors for the sale of specified food and beverage items from mobile
pushcarts on the public sidewalks, which shall be operated and conducted in accordance with the
following conditions:
(1) Each sidewalk cart shall be separately licensed and may operate only at the location specified
in the license, except as permitted in subsection (20). However, in the event a licensee holds
licenses for more than one (1) location, the licensee may place any of the licensee's licensed carts at
any location for which the licensee holds a license. No licensee may trade carts or locations with
another licensee; however, should a licensee apply for and be granted a different location for a cart
during the licensing year and chooses to surrender the original location for that cart, the fee for such
midseason cart location transfer shall be the fee indicated in section 188.250 of this Code for
transfer alone.
(2) Application procedure:
a. Each applicant shall file an application with the department of licenses and consumer services
on forms provided by the department. In addition to the requirements of section 188.180 of this
Code, the director of licenses and consumer services may require such information on the
application as the director considers reasonable and necessary.
b. No application for a single license or for the first of several licenses shall be accepted for filing
unless the applicant files therewith plans and specifications for the cart which have been approved
by the manager of environmental health. Provided, however, that if the cart is not ready and
available for inspection sixty (60) days after the application is filed, the applicant's proposed
operating location shall be available to other applicants, and the applicant shall be required to select
a new location.
No application from a single applicant for licenses beyond a first license shall be accepted for filing
unless the applicant possesses sidewalk carts ready and available for inspection for each location
beyond the first location. A single applicant, for the purposes of this section, shall mean an
individual person, or any member of that person's immediate family and shall also include a
corporation and any corporation with substantially the same ownership or ownership by persons of
the immediate family of the stockholders of that corporation or partnership.
c. Each applicant shall include in the application a proposed operating location. The proposed
location shall be referred to the director of public works for the approval or disapproval. The
director of public works shall not approve a location where a sidewalk cart would substantially
impair the movement of pedestrians or vehicles, or pose a hazard to public safety. Further, the
director of public works shall not approve any location which is adjacent to a bus stop, taxi stand, or
handicap loading zone, within fifty (50) feet of an intersection, within three (3) feet of a curb, or
directly in front of a commercial entryway. If the applicant's proposed location is disapproved, the
applicant shall be so notified, and the applicant may select an alternate location, which shall also be
referred to the director of public works for approval or disapproval. A holder of a valid license for
the previous license year may renew that license and thereby reserve that location for another
license year. Any license not renewed by April fifteenth shall cause that location to become
available to other applicants. Licenses may be renewed between April first and April fifteenth by
the payment of a late fee in addition to the license fee. All licensees shall be notified of the
availability of locations which have been vacated or for which licenses have not been renewed. The
notification shall include a due date for applicants for these locations and a date upon which a
lottery will be held to choose among multiple applicants.
d. The director of public works shall refer the subject of sidewalk cart food vendors on the Nicollet
Mall to the advisory board provided for in Minnesota Statutes, Section 430.101, subdivision 3. The
advisory board shall report its recommendations concerning the number and location of sidewalk
cart sites on the Nicollet Mall to the director of public works. The director of public works shall
review the board's report and prepare a list of approved locations on the Nicollet Mall. The list shall
be available in the department of licenses and consumer services to any applicant or interested
person.
e. No location which has been chosen in a previous application shall be available for selection.
(3) All sidewalk cart food vendor licenses shall expire on April first of each year subject to
renewal year to year thereafter.
(4) No sidewalk cart shall have dimensions exceeding four (4) feet in width, eight (8) feet in length
and eight (8) feet in height. However, a cart may be equipped with an awning which overhangs by
not more than twelve (12) inches in any direction. Each sidewalk cart shall be self - propelled and
capable of being moved and kept under control by one (1) person traveling on foot. A special
license may be granted to a handicapped person to operate a sidewalk cart propelled by electric
motor, provided that the applicant shall meet all other conditions for a license.
(5) Location restrictions:
a. Sidewalk cart food vendors may operate only within the area bounded by the following:
Commencing at the intersection of Third Avenue North and the Mississippi River, thence
southeasterly along the Mississippi River to Interstate 35 West, thence southerly along Interstate 35
West to Interstate 94, thence westerly and northerly along Interstate 94 to Glenwood Avenue,
thence easterly to Tenth Street, thence northerly to Third Avenue North, thence northeasterly to the
point of beginning or the sidewalk abutting the south side of Vineland Place between Lyndale
Avenue South and Bryant Avenue South.
b. A sidewalk cart food vendor licensed under this section may operate on privately or publicly
owned property, within the boundaries described in subparagraph (1) above, with the express
written consent of the property owner, and the approval of the director of public works.
(6) A sidewalk cart food vendor license shall not be transferable from person to person or from
place to place without approval of the director of licenses and consumer services.
(7) Every licensee shall maintain a permanent location within the City of Minneapolis for the
storage and preparation of food and beverages carried by the licensee's sidewalk carts, and for the
cleaning and servicing of those carts. Such permanent location shall comply in all respects with the
requirements of the Minneapolis Food and Beverage Ordinances, and shall be separately licensed as
a food distributor. Each sidewalk cart shall return to the permanent location at least once daily for
cleaning and servicing.
(8) Each sidewalk cart shall meet National Sanitation Foundation (NSF) standards for food
storage, preparation and dispensing. Toilet facilities shall be required at the permanent location but
not on each cart.
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(9) Each cart shall carry adequate hand - washing facilities for the employees of the licensee. A
waste retention tank with fifteen (15) percent larger capacity than water supply tank shall be
provided.
(10) All waste liquids, garbage, litter and refuse shall be kept in leakproof, nonabsorbent
containers which shall be kept covered with tight - fitting lids and properly disposed of at the
permanent location. No waste liquids, garbage, litter or refuse shall be dumped or drained into
sidewalks, streets, gutters, drains, trash receptacles or any other place except at the permanent
location. When leaving the sales area the licensee or his employees shall pick up all litter resulting
from his business and shall deposit such litter in an approved container located on his cart.
(11) The manager of environmental health shall publish, and may from time to time amend, a list
of approved food and beverage items which may be sold by sidewalk cart food vendors. No items of
any kind, other than approved food and beverage items, shall be sold or dispensed from sidewalk
carts.
(12) There shall be issued to each licensee a suitable decal for each licensed pushcart. Every
pushcart licensed under this chapter shall at all times have the decal permanently and prominently
fastened on the pushcart.
(13) Affixed permanently and prominently to each pushcart shall be a sign no smaller than twelve
(12) inches by twelve (12) inches displaying the name, address and telephone number of the
pushcart owner.
(14) Each licensee shall provide proof of liability insurance in the amount of one hundred thousand
dollars ($100,000.00) for individuals, three hundred thousand dollars ($300,000.00) for any single
incident and ten thousand dollars ($10,000.00) for property damage. A certificate of insurance shall
be delivered to the director of licenses and consumer services prior to issuance of a license. The city
shall be named an additional insured.
(15) No sidewalk cart operator shall use lights or noisemakers, such as bells, horns or whistles, to
attract customers. A sidewalk cart operator may use battery- operated lights with protective shielding
for the purpose of illuminating food and utensils.
(16) No sidewalk cart shall operate before 7:00 a.m. or after 11:00 p.m. on any day.
(17) No sidewalk cart shall operate, park, stand or stop in any street or alley except to cross at
designated street crossings.
(18) The city council shall establish a reasonable fee, not to exceed two hundred fifty dollars
($250.00) per year, to be charged to each sidewalk cart food vendor not located on a specially
assessed mall, to defray the cost of cleanup and maintenance and other policing in connection with
the operation of the food cart.
(19) Any sidewalk cart operator who shall fail to operate at any licensed location for thirty (30)
consecutive days between May first and October first shall forfeit that location. The department of
licenses and consumer services shall notify all licensees of the vacation of said location and shall set
a date for a lottery, if necessary, to choose among multiple applicants.
(20) Notwithstanding other provisions of this section, a licensed sidewalk cart may operate at an
indoor location other than its normal sidewalk location, with the approval of the environmental
health division and the consent of the property owner, during the following times:
a. Between October first and April thirtieth.
b. Between May first and October first only during periods of inclement weather.
All other conditions and restrictions of this section shall continue to apply to a sidewalk cart
operated at an indoor location under this subsection. (99 -Or -119, § 1, 10- 29 -99; 2000 -Or -079, § 3,
8- 11 -00; 2005 -Or -111, § 5, 11- 18 -05)
St. Paul
Chapter 331A. Food Protection Standards
Sec. 331A.01. Purpose.
(a) The purpose of this chapter is to establish standards to protect the health, safety and the general
welfare of the people of Saint Paul pursuant to powers granted under Minnesota Statutes Chapter
145A and § 28A.075.
(b) These general objectives include the following:
(1) Prevent food -borne illness;
(2) Correct and prevent conditions that may adversely affect persons utilizing food establishments;
(3) Provide minimum standards for the design, construction, operation and maintenance of food
establishments; and
(4) Meet consumer expectations of the quality and safety of food establishments.
Sec. 331A.02. Scope.
(a) This chapter shall be applicable to all Saint Paul food establishments such as, but not limited to,
restaurants, bakeries, butcher shops, pastry shops, boarding houses, drive -ins, bars, taverns,
cafeterias, delicatessens, snack bars, grocery stores, convenience stores, caterers, cafes, clubs,
lodges, commissaries, youth camps, lodging facilities, resorts, public and private schools, public
buildings, group day care facilities, vending machines, mobile food vehicles, food carts, special
event stands, farmers' markets and similar businesses and establishments.
(b) In the event of a conflict between the provisions of this chapter and the provisions of any other
ordinances, statutes, rules and /or regulations to which a food establishment is subject, the most
restrictive ordinance, statute, rule or regulation shall apply.
(c) This chapter shall not apply to wholesale food processors, manufacturers or distributors that are
licensed by the Minnesota Department of Agriculture.
Sec. 331A.03. Definitions.
Definitions of words, phrases, and terms used in this chapter shall be those set forth in Minn. Stat.
Chapter 28A, Minnesota Rules Chapter 4626, and this section, as well as any other state statutes or
rules relating to food safety and inspection.
(a) Animal products shall mean the portions of animals used as food, such as, but not limited to,
the dressed flesh of cattle, swine, sheep, goats, wild game, poultry, fish, shellfish, shellstock and
other edible animals or similar types of foods that are offered for human consumption.
(b) Bakery shall mean a food establishment that manufactures, processes, prepares, stores, handles
or sells bakery products.
(c) Bakery products shall mean food items such as, but not limited to, bread, rolls, buns, cakes,
cookies, crackers, doughnuts, pies, pastries, pretzels and potato chips.
(d) Butcher shall mean a food establishment that manufactures, processes, prepares, stores,
handles or sells animal products.
(e) Caterer shall mean a food establishment providing, preparing, and /or serving meals to persons
or groups where all food and service expenses are paid by a person or group. Retail sale of
individual meals is prohibited. The preparation and delivery of box lunches from a licensed
restaurant is not considered a catering function.
(f) Change of ownership shall mean a licensed business is sold or transferred to another person,
business or corporation. A change of ownership, as it relates to an environmental plan review, does
not include the changing or adding of officers to an existing partnership or corporation or change of
a mailing address.
(g) City shall mean Saint Paul, Minnesota.
(h) City council shall mean the Saint Paul city council.
(i) Commissary shall mean a food establishment that provides equipment, utensils, supplies or
storage facilities for use by a caterer or mobile food vehicle operator.
0) Department shall mean the department of safety and inspections.
(k) Director shall mean the director of department of safety and inspections or his /her designated
agent.
(1) Full inspection shall mean any inspection of the licensed premises where a review of the
majority of the premises and operations is conducted and all previously documented and
uncorrected violations are reviewed.
(m) Grocery products shall mean food items including, but not limited to, packaged or bulk foods
such as candy, snacks or chips, refrigerated and frozen foods, dairy products, canned foods, dry
goods (i.e. tea, coffee, spices, sugar, flour, etc.), fruits and vegetables, bakery products, and animal
products.
(n) Person shall mean an individual, firm, corporation, association or partnership.
(o) Remodel shall mean any reconstruction, alteration or repair that requires structural, plumbing,
mechanical and /or electrical permits: changing the location of walls; expanding the area of the
facility; substantially changing or expanding the character of the business. "Remodel" does not
include replacing a piece of equipment with a like piece of equipment; replacing wall, floor or
ceiling finishes; repositioning equipment; providing new equipment that does not significantly alter
the menu or the character of the business. The director shall have discretion in determining when
this section applies.
(p) Retail shall mean the sale of food products directly to the consumer, usually in small quantities
and not usually intended for resale.
(q) Salvage shall mean to recover or process damaged or deteriorated food and /or pet products for
resale.
(r) Self - contained shall mean a food establishment that, within its confines, contains all the
facilities, equipment, utensils and space necessary for its operation.
(s) Snacks shall mean foods that require limited, on -site food handling or service including but not
limited to fruits, cereals, prepackaged bakery products, candy and chips.
(t) Special event shall mean a fair, carnival, circus, public exhibition or community celebration
which shall include any event requiring a permit under Chapter 366.02 of the Saint Paul Legislative
Code.
(u) Unwholesome shall mean anything adulterated, unsound, unhealthful, unclean or unfit for
human consumption.
(v) Wholesale food processor, manufacturer or distributor shall mean a food establishment that
processes, reprocesses, manufactures and /or distributes raw materials, food ingredients or food
products, packages food for sale to others for resale, commercially slaughters animals or poultry
and where the total gross sales from the wholesale processing, manufacturing, and /or distributing
operations exceed 50% of the establishment's gross sales.
Sec. 331A.04. License administration.
(a) License required. Except for those establishments excluded in section 331A.02(c), no person
shall operate a food establishment within the city unless a license for the current year of the
applicable type shall have been obtained from the department pursuant to this chapter and the Saint
Paul Legislative Code.
(16) Mobile food cart - Limited: A cart used to prepare and /or serve food products, that is not
self - contained. Cart shall be returned daily to a commissary for resupply and cleaning. Foods
prepared and /or served shall be limited to those approved by the director, based on the
equipment being used and the design and construction of the cart.
(17) Mobile food vehicle: A food establishment preparing and /or serving foods from a self -
contained vehicle, either motorized or within a trailer. Foods prepared and /or served shall be
limited to those approved by the director, based on the equipment being used and the design
and construction of the vehicle. A separate commissary may be required for daily resupply
and cleaning.
(18) Mobile food cart/vehicle - Non profit: A mobile food cart /vehicle that is licensed by, or
for, a nonprofit organization.
(e) License expiration. Licenses issued pursuant to this chapter shall expire in accordance with
section 310.08(a) of the Saint Paul Legislative Code.
(f) Transfer and display of license.
(1) Only a person who complies with the requirements of this chapter shall be entitled to receive a
license. A license shall not be transferable as to person or place. A license obtained for a food
establishment shall be conspicuously displayed to the public.
(2) A catering food vehicle operating in the city shall be identified with the name, city, and
telephone number of the licensee displayed on both sides of the vehicle in a conspicuous place as
designated by the department. The name shall be in letters of four (4) inches minimum height and of
a color contrasting with the background.
(g) Food safety training. The department may require an applicant for a license to participate in a
meeting or training session provided by the department, including the use of videotape or other
alternative training methods, for the purpose of providing information in the factors that cause and
prevent foodborne illness if the applicant is not required to employ a certified food manager.
Sec. 331A.05. Inspections and plan review.
(a) Inspection required. The department shall inspect each food establishment prior to issuing a
license for a new establishment or change of ownership. A license shall not be issued until the
corrections required by the department, as a result of the environmental plan review or change -of
ownership review inspections have been made, to the satisfaction of the department.
(b) Inspection of food establishments. The department shall inspect every food establishment as
frequently as it may deem necessary to insure compliance with this chapter, but not less than the
minimum frequency for establishments established by Minnesota Statutes § 157.20 or other
applicable statutes or rules.
(c) Inspection report. The department shall mail an inspection report to the licensee or his/her
authorized agent by regular mail. A copy of the inspection report shall be filed with the records of
the department.
(d) Access to premises and records; interference with health authority. The person operating the
food establishment shall, upon request and after proper identification by the department, permit
access to all parts of the establishment at any reasonable time for the purpose of inspection, and
shall exhibit and allow copying of any records necessary to ascertain sources of foods and methods
of food preparation. No persons shall interfere with or hinder the department in the performance of
its duties, or refuse to permit the department to make such inspections.
(e) Removal and correction of violations. After receiving a report giving notification of one (1) or
more violations of this chapter, a licensee shall correct each violation in a reasonable length of time
as determined by the department. The length of time for the correction of each such violation shall
be noted on the inspection report. The failure to correct each such violation within the time period
noted on the inspection report shall constitute a separate violation of this chapter.
(f) Environmental plan review required. A person shall not begin to construct, remodel, or alter a
food establishment until the director has reviewed and approved the plans and specifications
required by this subsection. The food establishment shall be constructed and finished in
conformance with the approved plans. The director may inspect the food establishments as
frequently as deemed necessary during construction to ensure that construction occurs in
conformance with this chapter. The director shall conduct a final inspection prior to the start of
operations and issuance of an approved license. If work has commenced prior to approval of plans
when required, the director may issue orders to halt the construction, extensive remodeling,
expansion, or alteration, or may issue orders, including demolition or removal, if reasonably
necessary to determine compliance with the standards of this chapter.
(g) Change of ownership review required. Upon a change of ownership of a food establishment,
the director shall conduct a change of ownership review of the premises to determine compliance
with the requirements of this chapter.
Sec. 331A.06. Grounds for emergency closure.
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(a) Single violations. The department may issue orders to summarily close any food establishment
for any of the following reasons:
(1) Failure to possess a license required by this chapter;
(2) Evidence of a sewage backup in a food preparation, food storage, or utensil washing area;
(3) Lack of potable, hot or cold water under pressure to the extent that handwashing, utensil
washing, food preparation, or toilet facilities are not operational;
(4) Lack of electricity or gas service to the extent that handwashing, utensil washing, food
preparation, lighting, or toilet facilities are not operational;
(5) Evidence of an ongoing foodborne illness caused by the operation of the establishment; or
(6) The presence of any condition that poses an imminent risk of substantial harm to the public
health, safety or welfare.
(b) Procedure for emergency closure.
(1) If, following an on -site inspection, the department determines that closure of a food
establishment is required in order to protect public health as provided in this section, the director
shall order the immediate closure of the establishment in writing. The order shall identify the food
establishment, describe the specific grounds upon which closure is based, direct the immediate
closure of the establishment and vacating of the premises by consumers, list the corrective actions
necessary to re -open the establishment, and state that a hearing on the emergency closure may be
requested by the licensee. The order shall be served in person on the owner, manager, or person in
charge of operations of the premises.
(2) The person receiving the order shall close the establishment and request all persons to vacate.
The establishment shall remain closed until the department rescinds the order for emergency
closure. Failure to close the establishment is a misdemeanor. In the event the person receiving the
order fails to close the establishment, the department may order all persons to vacate the premises.
Failure to leave upon said orders is a misdemeanor. Where a person fails to vacate the premises as
ordered by the department, the police may be summoned to assist in vacating the premises and
issuing such citations or making such arrests as may be necessary to comply with this subsection.
(3) The licensee may request, in writing, a hearing on the emergency closure, and the conditions, if
any, to be imposed for reopening the food establishment. The hearing shall be held within two (2)
business days before an independent hearing examiner, except that the licensee may waive the
foregoing time restrictions and consent to scheduling the hearing at a later date. The independent
hearing examiner shall render a written decision within two (2) business days after the conclusion of
the hearing, and shall either sustain the grounds set forth in the order of emergency closure, in
which case the order shall remain in full force and effect pending further orders of the department,
or find that the evidence does not support the emergency closure, in which case the order shall be
deemed dismissed and the establishment may reopen forthwith, subject to any further proceedings
for adverse action.
(4) Any person aggrieved by the findings and conclusions of the independent hearing examiner
may appeal to the city council by filing a notice with the city clerk, who shall note the matter for
hearing at the city council meeting next following the date of such appeal. The council may modify
the findings and conclusion of the independent hearing examiner as it deems appropriate on the
record, or continue the closure order pending the further orders of the department.
8
Sec. 331A.07. Standards for health, safety, and nuisance.
(a) Standards adopted. Minnesota Rules, Chapter 4626 (Minnesota Food Code) in effect on the
effective date of this chapter, as it may be amended from time to time, is hereby adopted by
reference and made a part of this chapter except as otherwise expressly provided in this chapter.
(b) Standards amended. The standards imposed by the above adopted rules, as incorporated herein
by reference, are hereby modified as follows:
(1) The standard imposed by Minnesota Rules 4626.0130, paragraph B is modified as follows:
Except as allowed by Minnesota Statutes, sections 28A.15 and 157.22, clauses (6) and (7), food
used or offered for human consumption in a food establishment or at a special event shall not be
prepared or stored in a private home or any other location that is not licensed to prepare or store
food.
(2) The standard imposed by Minnesota Rules 4626.1050, paragraph A is modified as follows: A
handwashing lavatory shall be equipped to provide water at a temperature of at least 43 degrees C
(110 degrees F), but not more than 54 degrees C (130 degrees F), through a mixing valve or
combination faucet, except that the maximum temperature in a food establishment utilizing a hot
water sanitizing dishwashing machine that was installed prior to August 29, 1993 shall not exceed
140 degrees F (60 degrees C) from the faucet.
(3) Except for food establishments licensed under the authority of Minn. Stat. Chapter 28A, the
standard imposed by Minnesota Rules 4626.1325, paragraph A, subparagraph (3) is modified as
follows: nonabsorbent and constructed of material which resists the wear and abuse to which they
are subjected such as quarry tile, ceramic tile, or terrazzo, for food preparation, food serving, wait
station, kitchen, bar, walk -in refrigeration, warewashing, toilet, mobile food establishment
servicing, handwashing, janitorial, and interior garbage and refuse storage areas; areas subject to
flushing or spray cleaning methods; and other areas subject to moisture.
(4) The standard imposed by Minnesota Rules 4626.1440 is modified as follows: Each
handwashing lavatory or group of two (2) adjacent lavatories shall have available:
a. A supply of liquid, powder or bar soap;
b. A nailbrush at the handwashing lavatory used by employees; and
c. A sign directing food service employees to wash their hands.
(5) The standard imposed by Minnesota Rules 4626.1715, paragraph B, is modified as follows: A
party may appeal the denial, revocation, or refusal to renew a variance in accordance with and
subject to all conditions of the Saint Paul Legislative Code, unless otherwise provided herein.
(c) Food manager certification. A licensee shall maintain in employment at each licensed
establishment at least one (1) owner, manager, or supervisor who spends a substantial amount of his
or her working hours at the food establishment, has completed an approved food service manager
certification program, and is registered with the Minnesota Department of Health as a Certified
Food Manager in accordance with Minnesota Rules 4626.2000 thru 4626.2025.
Sec. 331A.08. Industry self - survey and training responsibility.
(a) Self - inspection program.
9
(1) Every licensee of a food establishment shall arrange for and maintain a program of sanitation
self - inspection conducted by the owner, manager, sanitation supervisor, or designated agent. The
self - inspection program shall be approved by the department.
(2) The licensee shall maintain, on the premises, up -to -date written policies or guidelines for food
preparation and handling, including proper temperature maintenance of potentially hazardous food;
sanitation practices and techniques; employee training in food handling procedures and personal
hygiene; monitoring of all activities listed above; a facility, equipment and utensil cleaning
schedule; and other means as required by the department.
Sec. 331A.09. Separability.
If any provision or application of any provision of this chapter is held invalid, that invalidity shall
not affect other provisions or applications of this chapter.
Sec. 331 A. 10. Penalty.
Any person who violates this chapter, or who permits a violation to exist on the premises under
his/her control, or fails to take action to abate the existence of the violation within the specified time
period when ordered or notified to do so by the department, shall be guilty of a misdemeanor, and
upon conviction thereof, shall be punished as provided.
Sec. 331A.11. Administrative enforcement.
Violation of the state food code or related regulations of the state or city shall be grounds for
adverse action against licenses issued under this chapter. Any violation shall be categorized into one
(1) of two (2) categories.
(1) Critical violations have the definition found in the state food code. These violations pose an
imminent public health risk and require correction immediately in some cases, or in less severe
cases require correction by a date determined by the department of safety and inspections. These
violations shall be penalized according to the penalty matrix found in chapter 310.05 of this Code.
Any critical violation as defined above may require a reinspection. Failure to correct upon
reinspection shall be considered an aggravating factor in determining the appropriate penalty.
Critical violations are further categorized as follows:
a. Critical violation - Major: A critical violation that is egregious and should have been known by
ownership and /or management to contribute to food contamination, illness or environmental
degradation that places consumers at a high risk for food -borne illness. A violation of this nature
shall result in re- inspection and may result in immediate adverse action.
b. Critical violation - Minor: A critical violation that should have been known by ownership and /or
management to have an impact on business or food service practices that are vital to the support of
food safety within an establishment and that are of a lesser risk to contribute to food contamination,
illness or environmental degradation.
A violation of this nature may result in adverse action under the following conditions:
i. Continuous critical violation: A minor critical violation shall be treated as a major critical
violation under chapter 310.05 if the violation is documented and uncorrected at two (2)
consecutive inspections.
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ii. Recurring critical violation: A minor critical violation shall be treated as a major critical
violation if the same violation is documented at three (3) or more inspections over the course of four
(4) years.
(2) Non - critical violations are all violations of the state food code or related regulations of the
state or the city other than those defined as critical violations under the state food code. Non - critical
violations may result in adverse action under the following conditions:
a. Continuous non - critical violation: The same non - critical violation is documented and
uncorrected at three (3) consecutive full inspections.
b. Recurring non - critical violation: The same non - critical violation is documented at four (4)
inspections within five (5) years.
c. Numerous non - critical violations: Ten (10) or more non - critical violations of any kind
documented at two (2) consecutive full inspections. The number of violations, rather than the type
of non - critical violation is the important factor. The non - critical violations at the first and second
inspection are not required to be identical violations.
(3) Department of safety and inspections fine recommendation. The department of safety and
inspections shall make a penalty recommendation for all adverse licensing action as outlined in this
section. That recommendation shall be determined by the department of safety and inspections after
consideration of the food code penalty guideline which is published on the website of the
department of public safety and available upon request. The department of safety and inspections
shall also consider mitigating and/or aggravating factors including but not limited to:
a. The potential for harm or imminent threat to public health;
b. The extent of deviation from statutory or regulatory requirements;
c. The degree of willfulness or negligence;
d. The history of noncompliance or compliance;
e. The demonstration of good faith efforts to correct a violation;
f. The type of operation including the methods and extent of food storage, preparation, and service.
(4) Nothing in this chapter limits the authority of the state department of safety and inspections or
the city to impose additional sanctions for the described violations.
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