TABLE OF CONTENTS Section 1.0 Statutory Authorization and Purpose... 3 1.1 Statutory Authorization... 3 1.2 Purpose... 3 Section 2.0 General Provisions... 3 2.1 Jurisdiction... 3 2.2 Severability... 4 2.3 Abrogation and Greater Restrictions... 4 2.4 Interpretation and Application... 4 2.5 Prohibited Activities... 4 2.6 Fees... 4 Section 3.0 Definitions... 4 3.1 Board... 4 3.2 Catering... 4 3.3 Certified Food Manager... 4 3.4 Closure... 4 3.5 Department... 4 3.6 Director... 5 3.7 Food and Beverage Establishment... 5 3.8 Food Cart... 5 3.9 Imminent Health Hazard... 5 3.10 Mobile Food Unit... 5 3.11 Person... 5 3.12 Prohibited Activities... 5 3.13 Seasonal Permanent Food Stand... 6 3.14 Seasonal Temporary Food Stand... 6 3.15 School Concession Stand... 6 3.16 Special Event Food Stand... 6 Section 4.0 State Standards... 6 Section 5.0 Construction/Plan Review... 6 5.1 Plan Review... 6 5.2 Local Approval... 7 5.3 Plan Review Fees... 7 5.4 Plan Approval... 7 5.5 Construction Inspection... 7 5.6 Variances... 7 Section 6.0 Annual Licensing... 8 6.1 Local Approval... 8 6.2 Timely Payments... 8 1
6.3 Non-Transferable... 8 6.4 Food Safety Training Required... 8 6.5 Prior Order Compliance Required... 8 6.6 License Displayed... 8 6.7 State of MN Certified Food Manager Required... 8 Section 7.0 Application for License... 9 Section 8.0 License Fees... 9 Section 9.0 Inspections... 10 9.1 Inspection Frequency... 10 9.2 Inspection Findings... 10 9.3 Timeframe for Correction of Violations... 11 Section 10.0 Compliance Conferences... 11 Section 11.0 Suspension of License... 11 11.1 Procedures for License Suspension... 11 11.2 Limited License Suspension... 12 Section 12.0 Revocation of License... 12 Section 13.0 Emergency Orders... 12 13.1 Emergency Closure Procedure... 12 Section 14.0 Appeals... 13 14.1 Procedure for Appeals... 13 14.2 Appeal Hearing... 13 Section 15.0 Regulatory Agency... 13 Section 16.0 Enforcement... 14 16.1 Criminal Penalties... 14 16.2 Civil Remedies... 14 Section 17.0 Excessive Consumption of Services... 14 Section 18.0 Repealer... 14 Section 19.0 Effective Date... 15 2
An Ordinance Regulating Food and Beverage Service Establishments In Stearns County Ordinance Number 224 THE COUNTY BOARD OF STEARNS COUNTY ORDAINS: SECTION 1.0 - STATUTORY AUTHORIZATION AND PURPOSE 1.1 Statutory Authorization. This Ordinance is enacted pursuant to Minnesota Statutes, Section 145A.05, subd. 8, Minnesota Statutes, Section 145A.07, subd. 2, Minnesota Statutes, Chapter 157; and Minnesota Statutes, Section 375.51; or successor Statutes; and Minnesota Rules, Chapter 4626; or successor Rules. 1.2 Purpose. The purpose of this Ordinance is to establish standards for food and beverage service establishments and to protect the health, safety and general welfare of the citizens and visitors of Stearns County. The general objectives include the following: 1.2.1 Prevent food-borne illness. 1.2.2 Correct and prevent conditions that may adversely affect persons utilizing food and beverage service establishments. 1.2.3 Provide minimum standards for the design, construction, operation and maintenance of food and beverage service establishments. 1.2.4 Meet consumer expectations of the quality and safety of food and beverage service establishments. 1.2.5 Establish inspection requirements and associated procedures involved with administering and enforcing this Ordinance. 1.2.6 Comply with the delegation agreement that Stearns County has entered into with the Minnesota Department of Health. SECTION 2.0 GENERAL PROVISIONS 2.1 Jurisdiction. These regulations shall be applicable to all food and beverage service establishments within the legal boundaries of Stearns County as defined in Minnesota Statutes, Section 157.15, subd. 5; or successor Statutes, excluding any City providing licensing and inspection services under a valid delegation agreement with the Minnesota Department of Health. In addition, these regulations shall serve as the criteria for evaluation of food service facilities located in Youth Camps as defined in Minnesota Statutes, Section 144.71; or successor Statutes. 3
2.2 Severability. The provisions of this Ordinance shall be severable. In the event any section, paragraph, sentence, clause, phrase or portion of this Ordinance is declared invalid for any reason, the remainder of this Ordinance shall not be affected thereby. 2.3 Abrogation and Greater Restrictions. It is not the intent of this Ordinance to abrogate or to impair any existing Stearns County Ordinance. However, where this Ordinance is more restrictive, it shall take precedence. 2.4 Interpretation and Application. The provisions of this Ordinance shall be considered minimum requirements and shall be liberally construed in favor of Stearns County and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. 2.5 Prohibited Activities. Allowing a prohibited activity shall result in an emergency closure of the establishment pursuant to procedures specified in Section 13.1 of this Ordinance. 2.6 Fees. The Board, by resolution, may establish reasonable fees for the administration of this Ordinance. Fees may be changed by resolution of the Board from time to time as deemed appropriate. SECTION 3.0 - DEFINITIONS Unless specifically defined in this Section, words or phrases used in this Ordinance shall have the meaning given in Minnesota Rules, Chapter 4626; or successor Rules, and Minnesota Statutes, Section 157.15; or successor Statutes. 3.1 Board shall mean the Stearns County Human Services Board. 3.2 Catering shall mean food that is prepared in a licensed kitchen and delivered to an offsite location where it is served by licensed kitchen staff. 3.3 Certified Food Manager shall mean an individual who has a valid Minnesota Food Manager s Certification pursuant to Minnesota Rules, Chapter 4626.2015. 3.4 Closure shall mean the immediate cease of operation. 3.5. Department shall mean the Stearns County Environmental Services Director and all staff duly authorized to carry out the duties of the department. 4
3.6 Director shall mean the Director of the Department. 3.7 Food and Beverage Establishment, also referred to herein as Establishment, shall mean those food and beverage establishments as defined in Minnesota Statutes, Chapter 157 and shall include drive-ins, bars, taverns, drive-in cafes, clubs, lodges, eating facilities at resorts, schools, group daycare facilities, children s camps, fairs, circuses, carnivals, churches, public buildings and all other businesses and establishments where meals, lunches or beverages are served; except as exempted by Minnesota Statutes, Section 157.22; and successor Statutes. 3.8 Food Cart means a food and beverage service establishment that is a non-motorized vehicle, self-propelled by the operator. 3.9 Imminent Health Hazard means a significant threat or danger to health that exists when there is evidence sufficient to show that a product, practice, circumstance or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on: (a) the number of potential injures; and (b) the nature, severity and duration of the anticipated injury. 3.10 Mobile Food Unit means a food and beverage service establishment that is a vehicle mounted unit, either: (a) Motorized or trailered, operating no more than 21 days annually at any one place or operating more than 21 days annually at any one place with the approval of the regulatory authority as defined in Minnesota Rules, part 4626.0020, subpart 70; or (b) Operated in conjunction with a permanent business licensed under this Chapter or Chapter 28A at the site of the permanent business by the same individual or company and readily movable, without disassembling, for transport to another location. 3.11 Person shall mean any individual, firm, partnership, public or private corporation, municipality or other organization, receiver, trustee, assignee or agent and with respect to acts prohibited or required herein, shall include employees or licensees. 3.12 Prohibited Activities shall mean activities such as branding, cutting, implantation, suspensions, body piercing, tattooing or scarification of any individual and all other activities as described in Minnesota Statutes, Chapter 146B. Food or beverage service establishments are prohibited from conducting these and any other activities on their premises which 5
may result in food or beverage from being contaminated by potentially infectious materials such as body fluid(s) or tissue. 3.13 Seasonal Permanent Food Stand shall mean a food and beverage service establishment which is a permanent food service stand or building but which operates no more than 21 days annually. 3.14 Seasonal Temporary Food Stand shall mean a food and beverage service establishment that is disassembled and moved from location to location. The food stand must operate for no more than 21 days annually at any one location. 3.15 School Concession Stand means a food and beverage service establishment located in a school, on school grounds or within a schoolowned athletic complex that is operated in conjunction with schoolsponsored events. A school kitchen or school cafeteria is not a school concession stand. 3.16 Special Event Food Stand means a food and beverage service establishment which is used in conjunction with celebrations and special events and which operates no more than three times annually for no more than ten total days. SECTION 4.0 - STATE STANDARDS The Minnesota Food Code, Minnesota Rules, parts 4626.0010 to 4626.1870; or successor Rules, and the Certified Food Manager requirements for Food Establishments, Minnesota Rules, parts 4626.2000 to 4626.2025; or successor Rules, except as provided in this Ordinance, relating to food and beverage service establishments, are hereby adopted by reference and made part of this Ordinance as if fully set out herein. SECTION 5.0 CONSTRUCTION/PLAN REVIEW 5.1 Plan Review. Any person who constructs, remodels or converts buildings or facilities for use as food or beverage service establishments shall submit a complete set of plans and specifications to the Department for review and approval 30 days before any construction, remodeling or conversion begins. Any construction that is started before plans have been submitted will be subject to a penalty fee as determined by resolution of the County Board. The plans and specifications shall show the layout; arrangement; mechanical; plumbing and electrical specifications; construction materials of work areas; and location, size and type of equipment and facilities. The plans must be drawn to scale and must be legible and 6
complete in all details. Plumbing specifications must be submitted to the Minnesota Department of Labor and Industry for approval. 5.2 Local Approval. The applicant shall provide a written statement from the local unit of government that the project is a permitted use of the property. 5.3 Plan Review Fees. The appropriate fee, as established by resolution of the Board, shall be submitted at the time construction plans are submitted. 5.4 Plan Approval. The Department shall review and approve or not approve the plans and specifications within 30 days of the time a complete set of plans and specifications are submitted. The Department shall notify the applicant, in writing, of the results of the review. 5.5 Construction Inspection. The Department shall conduct a pre-opening inspection prior to the start of operations and before any food is brought into the establishment, following construction and/or remodeling and issuance of an approved license. The food and beverage service establishment shall be constructed and finished in conformance with the approved plans. 5.6 Variances. A person may request a variance from Minnesota Rules, Chapter 4626, except as provided by Minnesota Statute, Section 157.20, subd. 5(b) and Minnesota Rules, Chapter 4626.1690 8-103.10A or subsequent Statute and Rule. The request for a variance shall be made to the Department and shall be in accordance with Minnesota Rule 4626.1690 8-103.10B or subsequent Rule, which requires the following: 5.6.1 The party requesting the variance shall submit the request in writing to the Department with the appropriate fee. 5.6.2 The written request shall contain the following: (a) The specified language in the Rule or Rules from which the variance is requested; (b) The reasons why the Rule cannot be met; (c) The alternate measures that will be taken to ensure a comparable degree of protection to health or the environment if a variance is granted; (d) The length of time for which the variance is requested; (e) A statement that the party applying for the variance will comply with the terms of the variance if granted; and (f) Other relevant information the regulatory authority determines necessary to properly evaluate the request for the variance. 7
SECTION 6.0 ANNUAL LICENSING It shall be unlawful for any person to establish, maintain, expand or operate a food and beverage service establishment within Stearns County without first obtaining a valid license issued by the Department as required by this Ordinance. Only a person who complies with the requirements of this Ordinance shall be entitled to receive and retain such a license. The license year shall be from January 1 to December 31. Any person who operates a food or beverage service establishment without submitting an application shall be deemed to have violated this Ordinance and shall be subject to prosecution as provided herein. 6.1 Local Approval. A license for a new or remodeled establishment shall not be issued to any person until after a written approval has been issued from the local unit of government. 6.2 Timely Payments. A license may not be issued to any establishment that has delinquent refuse accounts or delinquent property taxes or which has failed to pay any outstanding fees under this Ordinance. 6.3 Non-Transferable. Licenses shall not be transferable from one establishment or person to another establishment or person. 6.4 Food Safety Training Required. The Department shall determine who will be required to take the County provided food safety training. It may include, but is not limited to, the owner(s), manager(s) or the person in charge of an establishment and staff as deemed necessary. These individuals will be required to complete the County provided food safety training in the following situations: 6.4.1 Before their renewal license to operate will be issued. 6.4.2 Before issuing a license to a new establishment. 6.4.3 Before an establishment whose license has been suspended or revoked is allowed to reopen. 6.5 Prior Order Compliance Required. A license shall not be issued to any person when an establishment changes ownership until all previous orders issued by the Department have been corrected or a compliance schedule has been established that is mutually agreeable to the owner and the Department. 6.6 License Displayed. A valid license shall be posted in every food and beverage service establishment. 6.7 State of Minnesota Certified Food Manager Required. An owner or operator of an establishment must employ one full-time State of Minnesota 8
Certified Food Manager for each food establishment, except as provided in Minnesota Rule, part 4626.2010, subd. 4; or successor Rules. In addition, a State of Minnesota Certified Food Manager shall be required at the time a license is issued for a new establishment to open and before any establishment reopens following an ownership change. SECTION 7.0 APPLICATION FOR LICENSE The application for license to operate and maintain a food and beverage service establishment shall be made to the Department in a manner as may be prescribed by the Department. The applicant for a license shall submit an application in writing upon forms provided by the Department and shall include: 7.1 The full names, titles and address(es) of the applicant(s); and the names and addresses of any partners if the applicant is a partnership; or the names and addresses of the officers if the applicant is a corporation or other organization. 7.2 The signature of the applicant or applicants or a legally authorized representative. 7.3 The social security number of the applicant(s). 7.4 The Minnesota Business Tax I.D. number. 7.5 The parcel identification number of the land upon which the applicant proposes to operate and maintain an establishment. 7.6 The source of all water supplies, sewage treatment methods and disposal methods of garbage and refuse. 7.7 The calendar months of the year in which the applicant(s) will operate the food and beverage service establishment. SECTION 8.0 LICENSE FEES Any food and beverage service establishment that is open for business yearround shall submit an annual application for a license, together with the appropriate license fee, to the Department no later than December 31st of the year preceding the year for which the application is made, or in the case of a new business, 30 days prior to the opening date. Any establishment that is open for business on a seasonal or temporary basis shall submit an application for a license, together with the appropriate fee, no later than March 31st of the year for which the application is made. License fees will double for applications received after these dates. 9
8.1 Any person who operates a food and beverage establishment without submitting an application and the appropriate fees shall be deemed to have violated this Ordinance and shall be subject to suspension, closure and prosecution as provided in this Ordinance. 8.2 Any food or beverage service establishment that is owned or operated by the County, a school district or other local unit of government shall be exempt from any license fees, but shall be subject to all other requirements in this Ordinance. 8.3 Establishments that change ownership or otherwise begin operations at various times during the year shall have their license fees prorated as follows: 8.3.1 Seventy-Five percent (75%) of the total required license fee for establishments beginning operations on or after April 1st but before July 1st. 8.3.2 Fifty percent (50%) of the total required license fee for establishments beginning operations on or after July 1st but before October 1st. 8.3.3 Twenty-Five percent (25%) of the total required license fee for establishments beginning operations on or after October 1st but before December 31st. This proration of license fees is applicable only to the total required license fees. It does not include any required plan review fees; nor any fees for seasonal food stands, food carts or temporary food service establishments. SECTION 9.0 - INSPECTIONS It shall be the duty of the Department to inspect every food and beverage service establishment in Stearns County as frequently as may be necessary to ensure compliance with this Ordinance. Any person operating a food and beverage service establishment shall, upon request of the Department and after proper identification, 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 compliance with this Ordinance. 9.1 Inspection Frequency. The frequency of inspections shall be based on the degree of hazard to the public and comply with the time frames established in Minnesota Statute, Section 157.20; or successor Statutes. 9.2 Inspection Findings. Whenever an inspection of a food and beverage service establishment is made, the Department s findings shall be recorded on an inspection report form. One copy of the inspection report 10
form shall be furnished to the owner or person in charge of the establishment. The completed inspection report is a public document accessible to the public pursuant to the government Data Practices Act, Minnesota Statutes Chapter 13; or successor Statutes. 9.3 Timeframe for Correction of Violations. The inspection report form shall identify a specific and reasonable period of time for the correction of the violations found. Correction of the violations shall be accomplished within the period specified by the Department. In addition, the Department may require employees to successfully complete County provided food safety training as part of the corrective action. The failure to remove or correct each violation within the time period noted in the inspection report shall constitute a separate violation of this Ordinance. SECTION 10.0 COMPLIANCE CONFERENCES Whenever an establishment has failed to comply with any inspection report requiring corrective action issued under the provisions of this Ordinance, a compliance conference may be utilized to bring the establishment into compliance. A formal meeting, which may include but is not limited to, the owner of the establishment, the person in charge of the establishment, County field staff and the division supervisor, will be scheduled to discuss how the violations can be remediated. The result of this compliance conference may establish mutually agreed upon time periods for compliance, increased inspection frequencies and education. Failure to meet the time frames for compliance may result in suspension or revocation of a license to operate. SECTION 11.0 SUSPENSION OF LICENSE Licenses may be suspended temporarily by the Department at any time for failure by the license holder to comply with the requirements of this Ordinance. Whenever a license holder has failed to comply with any notice requiring corrective action issued under the provisions of this Ordinance, the license holder may be notified in writing that the license, upon service of the notice, is immediately suspended and that an opportunity for a hearing before a neutral hearing officer will be provided upon a written request for an appeal filed with the Department by the license holder, which must be filed within 30 days of service of the notice requiring corrective action. 11.1 Procedures for License Suspension. Whenever, upon inspection of any food and beverage service establishment, the Department finds that conditions or practices exist which are in violation of any provision of this Ordinance, the Department shall give notice in writing to the license holder of the violation, that unless the identified conditions or practices are corrected within the specified timeframe, the license holder s license may be suspended. At the end of such period, the Department shall 11
reinspect such food and beverage service establishment and if it is found that the conditions or practices which are in violation of the Ordinance have not been corrected, written notice will be given to the license holder that the latter s license has been suspended. Upon receipt of notice of suspension of the license, the operator shall immediately cease operation of the food and beverage service establishment. 11.2 Limited License Suspension. Nothing in this Section shall be construed to prevent the Department from suspending a license only as to such portion of the premises that does not comply with the provisions of this Ordinance, permitting the continued operation of the remaining portions of such premises which do comply. SECTION 12.0 REVOCATION OF LICENSE For serious or repeated violations of any of the requirements of this Ordinance, a license may be revoked after an opportunity for a hearing before a neutral hearing officer has been provided by the Department. Prior to such action, the Department shall notify the license holder in writing, advising that the license shall be permanently revoked at the end of a five- (5) day period. A license may be suspended pending its revocation or a hearing relative thereto. Any person whose license to operate has been revoked shall not operate a food and beverage establishment anywhere within Stearns County for a period of one year from the time of license revocation. SECTION 13.0 EMERGENCY ORDERS Whenever the Department finds that an emergency exists which requires immediate action to protect the public health, it may, without notice or hearings, issue an order reciting the existence of an emergency and require that such action be taken as deemed necessary to meet the emergency. Notwithstanding the other provisions of this Ordinance, such order shall be effective immediately. Any person to whom an emergency order is directed shall comply therewith immediately. 13.1 Emergency Closure Procedure. Emergency closure of an establishment will be ordered if a prohibited activity is occurring or it is determined that the establishment is an imminent health hazard. 13.1.1 Following an emergency closure, the establishment shall not reopen without written permission from the Department. 13.1.2 The Department must give written permission to reopen upon submission of satisfactory proof that the problem condition(s) causing the need for emergency closure have been corrected or removed by the operator(s). 12
13.1.3 Following an emergency closure, correction of the problem condition requires that all inanimate objects, equipment and surface areas in the room or area where the prohibited activity or an imminent health hazard took place be cleaned and sanitized. SECTION 14.0 - APPEALS Any person who has been refused a license to operate a food and beverage service establishment or whose license has been suspended or revoked, or had an emergency closure, or who has received an emergency order or a notice that a license is to be suspended or revoked unless existing conditions are corrected, may appeal the decision within 10 calendar days of the decision date. 14.1 Procedure for Appeals. A person must submit a written request for appeal within 10 calendar days of the decision date. The request must include the following information: 14.1.1 Name; 14.1.2 A copy of the contested decision; 14.1.3 The reasons for the appeal, why you believe the decision is incorrect; and 14.1.4 Attach all documentation which supports your position. 14.2 Appeal Hearing. The hearing shall be held before a neutral hearing examiner who shall be retained and scheduled through the Stearns County Attorney s Office. The hearing shall be conducted in conformance with Minnesota Statutes 14.52 and 14.57 to 14.69. The hearing shall be held within 20 days of the filing of the request for appeal with the Department, unless the parties agree to a later date. The Stearns County Attorney s Office shall schedule and provide notice of the hearing to the parties at least five days before the hearing. SECTION 15.0 REGULATORY AGENCY The Stearns County Environmental Services Department (the Department ) is hereby established in this Ordinance by the Stearns County Board of Commissioners as the Agency responsible for the enforcement and administration of this Ordinance. The Department shall: 15.1 Act as the inspecting Agency for Stearns County. 15.2 Issue licenses and maintain records relating to this Ordinance. 15.3 Provide informational materials regarding this Ordinance. 13
15.4 Administer this Ordinance; receive applications, requests, documentation; interpret and apply the Ordinance; and enforce the Ordinance. SECTION 16.0 - ENFORCEMENT 16.1 Criminal Penalties. Any person, firm or corporation who violates any of the provisions of this Ordinance, or who fails, neglects or refuses to comply with the provisions of this Ordinance, including violations of conditions and safeguards, or who knowingly makes any material false statement or knowing omission in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed 90 days, or both. Each day that a violation exists shall constitute a separate offense. 16.2 Civil Remedies. In the event of a violation or threatened violation of this Ordinance, the Director may, in addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct or abate such violations or threatened violations. It shall be the duty of the Stearns County Attorney to commence such action. SECTION 17.0 EXCESSIVE CONSUMPTION OF SERVICES When the excessive consumption of service occurs, fees will be charged in the following situations: 17.1 For any inspections above and beyond the routine annual inspection and one follow-up inspection per establishment per year. If the violations still exist at the follow-up visit, the property owner will be charged an Excessive Consumption of Services fee for each subsequent follow-up visit until the violations no longer exist or the license of the establishment has been suspended or revoked. The fee must be remitted to the Department at the time of the follow-up inspection. 17.2 The Director of the department will make the final determination on when an Excessive Consumption of Services fee will be charged. SECTION 18.0 REPEALER The Ordinance establishing standards and procedures for regulating Food and Beverage Establishments - Ordinance No. 114 adopted November 7, 1989 is hereby repealed. 14
SECTION 19.0 EFFECTIVE DATE This ordinance shall be in full force and effect after its passage and publication as provided by law. PASSED BY THE STEARNS COUNTY BOARD OF COMMISSIONERS THIS DAY OF, 2013 APPROVED: Jeffery H. Mergen, Chair Stearns County Board of Commissioners ATTEST: Randy R. Schreifels Stearns County Auditor-Treasurer Clerk Stearns County Board of Commissioners Including the following amendments: Ordinance # 403 Approved May 20, 2008 Published June 17, 2008 Ordinance # 490 Approved August 27, 2013 Published September 17, 2013 15