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<br />ClilDlNANCE ..,. 111
<br />ITA" OF MINNESOTA
<br />COUNTY OF'RAMSEY-
<br />. CITY OF NEWBRIQHTON
<br />AN ORDINANcE ADOPTING THE STATE
<br />F09D CODe Al'D AMENOINQ CITY COOE
<br />'.CHAPn!fI " ,:
<br />THE ,CITY COUNCIL OF THE CITY OF
<br />NEW BAIQHTONORDAINS as follows'
<br />Section 1.Sectlon,1P of the New B;lghton
<br />City CQde of prdlnances' is repealed' in its
<br />er1tlrely and replaclld with the foUOY4Ing:
<br />. SR. 10.;1. PUrpoM., "
<br />The purpose of this Chapter' is to ""tabUSh
<br />"andards and general" ObjectlVlls for
<br />,.,Sll.fegua.rding the pUblic health and gilneral
<br />welf~re',of the people of the City of New
<br />"",',~,' ,'lQI:it9".",.,,!ln:.rr ',11 ~e general oll/ectiv~ inchJQ, "e,: ,'1
<br />)tW~~iIInM8"" ,
<br />'(2) Correct and pl'eVetlt ~ons ~'~a~
<br />edversely affect persons utilizinfl food
<br />establishments; " ,
<br />(3) .provlde minimum standardll"or the
<br />deSign, construction, operafibn and
<br />maint.nanee of food establishmenlll; and
<br />(4) MeetCQnsumer expectations of the
<br />quality and safety oi food establishments.
<br />Sec. 10-2. Scope.
<br />(1)1hisChaptllr applies tQ foQd establish-
<br />mentslocate(lIn the City of New Brighton
<br />SUC/lIM, twt-nollimlta{jto, restaurants,
<br />Po~~;'rlVe.lt1s,tlars, cafeterias
<br />d!lu.Q~t.s.8n8, smfclt 'bars; convenienc~
<br />stores.. ca!ererSl'cafes, clubs" lodges.
<br />com.mlssan~s, lodllmg facilities, rellorts,
<br />publIC andpnvat811Ct,\Qohl,PUblic buildings,
<br />,group daycare;1"c:.illtles ard similar
<br />~slnelSes and estal:lIl$lIments where foOd;
<br />~Is ....., fun lilnd paij1l$l: or beverages are
<br />pl"4Iperecl or served tor (:QnSumption on or off
<br />1tlepremises.
<br />(2l'EltcEiPt where hi gl'le r standards are
<br />estabUshed by a city ordinance or a state
<br />1,,'fIl!;Julatlon, food, elJ~lIshm!!ntssubject to
<br />,,"Qsecltyordlna/ICes (If. ", state regulations
<br />SIlell be requlfell tQ<cgmplv.
<br />",104; btM~ T
<br />~nlllOns of worcll, phrases and terms used
<br />Inttlls Chapter ,lIhall be thOlIe set forth in
<br />~,RUles, Chapter, 4628, the City of
<br />~Siightoo COde, and thla.s-.ction.
<br />(1)pty. The City of New Brighton
<br />(2) Ffettlth Authority. The Ne~ Brighton
<br />S~n or other designated agent. This
<br />.~~-~~;,,;:;
<br />'-,' Ill", ',',......,. ,,",-,.,,' """,,..., "~.',:.'."""", .~~,_""""'I,','
<br />;-'iJ:-JUf. it-" ", " "'. ". ir!"":i..
<br />where 'used in the Minnesota Food Code .
<br />Minnesotll Rules Chapter 4626, shall mea~
<br />the Health Authority,
<br />~ 10.4. ste.... Adopted.
<br />Minnesota RUlee, Parts 4626.0010 through
<br />4626.1870, the Minnesota Food Codl'! and
<br />Parts 462,6.2000 through 4626.2025 are
<br />ad(lpted by rllference and incorporated into
<br />thIS Ctlapter.
<br />Sea. 1o-&.Ucense Admlhlstratlon.
<br />. (1) Annual License Required. No person
<br />sl'lall oper~. a food establishment Within the
<br />corporate limits of the City unless a license for
<br />the current year has, been obtained therefor
<br />pursuant to this Chapter. A license shall not
<br />be Issued until compliance with this ordinance
<br />has beendelermined by the Health Authority.
<br />(2) license Application. ApplicatiOn for
<br />licenses shall be made on forms furnished by
<br />the City and shall set forth the general nature
<br />of bUSiness, the location, and such other
<br />informatIOn as is required, The issuance of
<br />licenses ,and their maintenance, termination,
<br />and administration Shall be in accordance with
<br />and subject to aU conditions of the City code.
<br />(3) Fee Exemption. Food service In or
<br />~r~d 'by ohantable institutions.' places of
<br />rehglous.worship, schools, oharitable and
<br />non-profit hospitals, and itinerant food
<br />establIShments operated by a social or
<br />service agency shall be required to apply for
<br />and obtain a license and shall be subject to .all
<br />reqUirements of this Chapter. but Shall not be
<br />charged a fee therefor.
<br />
<br />(4)-OlSplay of License, Licenses shall ~
<br />conspicuously displayed at all times in all
<br />licensed food establishments. All food-
<br />vehicles shall be identified with a decal
<br />license plate. or,other means supptiedby th~
<br />Cily dlllplayed In a conspicuous place .thereon
<br />deSignated by the City. '
<br />(5) License Fee, Fees for licenses shall be
<br />set by, Council resolution. An additional fee
<br />may be charged for each additional service or
<br />operaliOn that is separate, distinct or unique
<br />from the central or main food establishment
<br />as determined by the City. '
<br />(6) License Expiration. Licenses shall expire
<br />on the last day of March each year.
<br />(7) Food Saf.ety Training. The City may
<br />require an applicant for a license to paniclpate
<br />In a meeting or training seUlon for the
<br />purpolle of providing information on the
<br />factors that cause and preveflt fool1,borne
<br />Illness. '
<br />See. 10-11. Food Sou_
<br />All food received or used in all food
<br />establishments shall ba fYom "utces
<br />approved by the Health AuIhlltlty. AI food in
<br />all food establiShments 'hltl be ctean
<br />WholeSome. free from ,spoHage,adulteratlon:
<br />and miSbranding" and shall bepfepllrl!ld,
<br />processed, handll!ld, packaged.tranaportll(l
<br />and, stored so as to be proteoted from
<br />cpntamination and spoilage and shall be safe
<br />fOr tluman consumptlon. No horn!! prepared
<br />foods shall be kept or used in any food
<br />establishment except that: ' ,
<br />(1) Home prepared foods may be used In a
<br />building used for religious worship: family day
<br />care homes and group family day care homes
<br />governed by Minnesota Statutes, Chapter
<br />245A; and nonprofit senior citizen centlllll for
<br />the sale of home-baked goods; and
<br />(2) Food not prepared at a food estab.
<br />IIshment that is brought in by members of an
<br />organization for consumption by members at
<br />a potluck event.
<br />s.c. 10.7. lnepectlons and P'-" Revn.
<br />(1) Inspection required. TheHMth Authority
<br />shall inspect each food estabIillhment prior to
<br />Issuing a license, for a new 8Stli\blIehment or
<br />change of ownership, The Health AuthorIty
<br />shall ,Inspect every food establishment as
<br />frequehtly as the Health Au\t)Ority may deem
<br />necessary to I,nsurecompllance ,with this
<br />Chapter. and not less than me 'minimum
<br />Inspection frequency as established by
<br />Minnesota Statutes, Chapter 157 or other
<br />applicable statutes or rules.
<br />(2) Inspection Report The 1:leattl1 Authority
<br />shall deliver an Inspection rllPOft to the owner,
<br />manager or the employee 'whO" app8afB to be
<br />reaponeWle foroperatIonslItttle timeot
<br />inspection. In lieu 'or deliverlngsi.Jcha rePort.
<br />the Health Authority shall post It upon an
<br />Inside wall of the food establiehment, not in a,
<br />public area, ,and such InspeotiOnr~ shall
<br />not be defaCed or removed by any person,
<br />except the Health Authority. The posting of
<br />the inspection report upon the Inside wall of
<br />the food establishment shall constttute MrVice
<br />of an official notification of the inspectton by
<br />the, Health Authority, The Health' Au1hority
<br />may in lieu of posting such report, deliV....it'lit) .
<br />the licensee or the licensee's' authorized
<br />agent in person or by mail. A copy of the -
<br />inspection report shaH be filed with the
<br />records of the City.
<br />(3) Accells to Premls,es and Records. The
<br />person Opi.lr8ling the fbodestabllshmentsh...
<br />upon request of the Health Authority and after
<br />properidentlficatlon, permit access to all pans
<br />oi'thtt~llt""ent at any r~time, '
<br />for.lhe pI.I1)I)$8,of inspedioft_fII'lalIeKhjbit
<br />and alloy! copying of any r~ MCfisary .
<br />to asceltain sources of foods~ Noperaons
<br />shall interfere with or hil'1der the Health
<br />Authority in the performance of the Health
<br />Authoiity's duties, GI' rlifulleto permit the
<br />Health Authority to make SUdh Inspections,
<br />(4) Removal and Correction of violations.
<br />,. Afl.liIr receiving or having posted a report
<br />, giving nottftcatIon of one or more vioiatlon6 of
<br />this ordinance, a llcan_ ahaII correct each
<br />
<br />r;::!i~~d.~~:riV'';~
<br />
<br />length of time for the correction of each such
<br />violation shall be noted on the inspection
<br />, report. :The failure to correctelch SuCh
<br />. vIolatiOn within I1e time 'period note(! on !he
<br />inspection repan ahaH c:on~ ...!lIte
<br />vlol8tion of this ordinance.
<br />
<br />----S.C. 10-1. Conetructlon pTin RiY'i'iW
<br />RMtIllrecl. -(3) Th r" -. "
<br />A person Shall not begin to construct 'hear'n e lcensee may request In writing,-a
<br />r"model, or alter a food establishment untli c nd\g on ihe emergency closure, and the
<br />.the Health Authority has reviewed and ;e =s, t :\to be Imposed for reopening
<br />lP.proved the plans and speclfioations held w, 'thllS ~ IS bment. The heanng shall be
<br />'fllqulred by thiS Section TwO COmplete sets of ,I m wo usmess days before the
<br />llJaM and specificatIonS for such tllJl'lSlrU(lti, Healt~ Authority who s~allrender a written
<br />t6m0delingor alteration shall show the layout; ~e:Sion Within two bUSIness days after the
<br />arrangement; mechanical, plu'mbIn!l9f rs.~.u;~~ of the hearing.
<br />eleol,\,al, speCificatIons' cOnsttUC110n lE . 2. satf Inspec:1lon Program. .
<br />m"",a, t'"er, ,13, ',s" ,0, ,'.",wo", r"k" ,area, s; "a~d location Size , ~very licensee shan arrang,e for and maintain
<br />\ii'@~;o,t~pme.,rt and faOllllies, and- shatl, program of sanitation self.inspection
<br />!'*1Jtiit by lIa owner in tl'te' office of,lNI.....lIh. ndl.lCtad by the owner, manager, sanitation
<br />,Alftl'tll11ty. A bultdlng permit for a food . ~~er\l~,l!Pf, or desiqnated alienI. The self-
<br />"tIIlbli$hment or remodeling or alteration r ".--- '~- ,,---,... --
<br />R~rmit for. such establishment shall not be ,Inspection program shall be approved by th,
<br />liaued until ~ plans have the approval of : Health Authority. The licensee shall maintai,
<br />,tIJe Health AQIhortty. The food establishment . on the pl'emisea up.to.date written policies c
<br />sl1all be constructed and finished in guidetinesfor fo\1dPi'lIj)/Iratltlnand,hlndlln<'
<br />cPnformance' With the approved plans. The Includlngpropar1lll'l1pet"atUte,lNllntenal'108(
<br />Health Authority sl1all inspeot the food potentially hanrdous food:sanitatlo.
<br />establishme!lts as frequently as the Health practiceS and..:teC/'iniques; etnployeelnillr1lr.c
<br />Authority may deem necessary during In f~od handling procllduresand.rsof\o-,
<br />constructldn to ensure that construction . hygiene; monitoring of all activltiesllste,
<br />occurs in conformallOe With It1/t.CtlaPter. The "ll!lovl!;afacillty; elluipmenlaM ut8l1S:
<br />Health Authority shall conduct a final cleaning schedule:ahd other hteltn$&
<br />Inspection prior to the start of operations and requlredbythe Health AlJth(jrtty.
<br />IS$Uante of an appl'OVed Iloense. ' I s.c. 10-13. Managctr Ctt1IflcattOl1.
<br />s.c. 10.9 Housekeeping. , I ill lic.ns_shall maintain ,in employment at
<br />All parts of the food establishment and its least one owner, manager, Of superviaOrwhO
<br />premllles shall be kept neat, clean and free of~pendS a substantial amount of his or her
<br />litter and refuse. Cleaning operations shall be working hours at the establishment, and who
<br />conducted In such a manner as to minlml:i!e ~as successfully completed a food service
<br />contamination of food and food contact ~rl8ger ~pRlgr&lI'l" -', '
<br />surfaces. The tratric ,of unnecessary, persorlS ,: s.c. ,10-14. R..,""'" ,...
<br />thrOugh the food preparation and utansil s1) Thelll shaH be no feechaige<lfor ii'tltIal
<br />.""ashing areas is prOhibited. '" eetion .to determine the existence of a
<br />Sac, 10-10. Grounds for Imergency , . Cllde,VloIa,tion,' nor any fee for the first
<br />Closure. . , nspeotIon to, determine compliance with an
<br />The Health Authority may issue orders ,to trc;ter to CQl'recl a food COde vloI8tlon.
<br />summarily close8l'lY food establishment for (2), A fe,e, shall ~.charged, for ,each
<br />8f1y, oHhe, kllIowingJNQons: - IUbsequent remspectlon occurring after the
<br />(1) failure to poSil8llS a license required by lue date for compliance with anorfer; The
<br />this Chapter; shall be set by City Council resolution.
<br />. ,(2) Evlllence of sewage backup In a fOOd .3) The relnspectiPn fees shall, be billed
<br />preparation, food storage, or utensil washing !ectty. to the ~r or operator/agent iorthe
<br />Ilrea; , ' stabllshment upon complettanof any
<br />"(3) Lack of potable, hot or cold water under Inspection for whiCh a feels'requtred.
<br />Pf"..sur,etothe,~ ,~ttententttlatttlat~, ',',', ,',', 'IUl,e~l'8Y"'",'tuch,, ",'"""fees,.sha" nbegroundsfor
<br />uwrstlW~" ocatiOn,'sus~on or non-issuance of a
<br />facilities are not operational; ,', establishment fi?en8Iil.
<br />(4) Lack of electricity or gas service to the" 4) ThiS subsection shall not be the
<br />elttent that hand washing, utensil washing, c1usiv!!method of collecting r!'inspectlon
<br />food preparation, lighting, toiletfacililiesare s and shall not preclude collection by other
<br />not operational; wful means.
<br />(5) Evidence of an ongoing food borne'f",(5), The City M" an"ager or the, M",.anag,er's
<br />illness caused by the operation of the laslgnated agent may waive a relllspectlon
<br />establishment; or ' ,. In case of error, mistake, inIu8tlCe, or other
<br />, te) The presence of any condition that poses "gOod cause. .
<br />an Imminent risk of substantial harm to the I Section 2. This Ordinance is effectl\Ie the da~
<br />pu~1ic health, safety or welfare. ' "following its publication.
<br />Sec. 10-11. Procedure for Emergency Steve Lal'8Or
<br />Cloeure. , Mayo;
<br />(1) If the Health Authority determines by an i Matthew S. FuttQ'-
<br />on-Site inspection that closure of a food ' " City Maneo"
<br />establishment is required in order to protect AlTEST:
<br />public health as provided in this Chapter'. the ' Margaret Egen
<br />Health Authority shall order the immediate I F1na,," DlrectorlClty Clark
<br />clollure of the establishment In writing. The, (Bulletin: March 14, 2001)
<br />.order .shall identify the food establishment, -
<br />descnbe the specific grounds' upon which
<br />closure is based. direct the Immediate closure
<br />of the establishment arid vacating of the
<br />premises by consumers, list the corrective
<br />actions necessary to re-open theestab-
<br />fishment. and slate that a hearing onthlll
<br />emergency closure may be requested by the
<br />licensee. The order shall be served in person
<br />on the owner, manager, or person who
<br />appears 10 be responsible for operations of
<br />the premises, .
<br />(2) The person receiving the order shall
<br />close the establishment and request all
<br />persons to vacate. The establishment shall
<br />remain closed until the Health Authority
<br />reSCinds the order for emergency dosure.
<br />Failure to close the establishment is a
<br />violation of this Chapter and Is a
<br />misdemeanor. Where a person fails to vacate
<br />the premises as ordered by th,e Health
<br />Authority. the police may be llummoned to
<br />assist ,in vaoating the premises and issuing
<br />such Citations or making'such arrests as may
<br />be necessary to comply with this Chapter.
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