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89-1081 WHITE =CITV GLERK . PINK -�INANCE GITY O AINT PATTL �ouncil ���y/ ' CRNARV -DEPARTMENT { BLl�4 - MAVOR File NO. � . ,� - O ndnce � Ordinance N�. � `�G'7� , � Pcesented By x-- � � / �`O � 10 RefevEed To °� �'� ' Committee: Date � � Out of Committee By Date An ordinance amend n Chapter 331 of he Saint Paul Legisla i e Code entitled 'Food License" by author ' z ' ng the process o the summary closing of 1 ' censed food esta lish- ments ; enacting th tandards upon wh' ch such closings shall tak lace ; and establ ' shing a hearing and appeal p ocess subsequent to a summary closing. THE COUNCIL OF THE CITY OF S I T PAUL DOES ORD IN: e tion 1 . That Chapter 331 of ��n Saint Paul L gislative Code is hereby amended in Sectio 31 . 05 by addin a new paragra;�h at the end thereof to r°ad s ollows : (m) Summary closing . Policy. The council finds that the city has in t e past used e ther crirninal law enforcement or 1 ' c nse actions in dealing with licensed food establ s ents which fa' 1 to cornply with the sanitation nd hygiene requir ments of this chapter. However , ho e processes p rmit licensed iood establishments to c ntinue operations and perpetu- aLe tne exposure of t public to gr ss unsanitary and disease-causing c nd tions , threaten ng the safety of the community. T ouncil , while lly endorsing exis'cing law enforceme t tools , desires 'n the interest of protecting the w 1 are, safety a d good order of the community, to pr mulgate an additional process providing for the s ry closure of licensed food establishments which h v permitted, cau ed or perpetu- ated unsanitary an health-threateni g conditions as provided herein. COUNCIL MEMBERS Yeas Nays Requested by Dep rtment of: Dimond �ng In Fav r Gosw;tz Rettman Scheibel A gai n s By Sonnen Wilson Form Approved by ity Attorney Adopted by Council: Date Certified Passed by Council Secretary BY 13y �d by Mayor: Date Approved by Mayo for Submission to Council � By • � - .���o�/ �V'° 09256 City Council/I;egislatiee�� Ope��ting DEPA T � � • : - - Janice Rettman/Ji��eph Collins CONT T 298-5289 PHON � �,,�„� ,� • . � �r � June 6, 1989 DR�E- '� � : ASSIGN N.U1rB�R F(�R ROUTING ORDER C1i All oc tions for Si natur . - Department Director Dir tor ofi Management/Mayor Finance and Management Services Direc r � City: Clerk Budget D71"eCtOr 2. Jani e Rettma:n: i City Attorney WHAT WILL BE ACHIEVED B.Y TAKING ACTION ON HE ATTACHED MATERIALS (Purpose/ Rationale) • This action will enable the Health D�uisi protect the publi safety and health if specific violations occur. This action will provi staurant license h lders immediate redress and/or hearing process rather than the lengthy b e cratic scenario no followed. . This action will set out 1) a .system for e ealth Division to ollow; 2) the usage of the hearing examirier process; and 3) ti�� City o cil/�ppeals proces to be used if adverse action becomes apparent. COST BENEFIT, BUDGETARY AND PERSONNEL IMPA TS ANTICIPATED: Better staff utilization, better healthy fe y, timely process or action and correction of violations. FINANCING SOURCE AND BUDGET ACTIVITY NUN�E C ARGED OR CREDITED: Mayor's signa- ture not re- Total Amount of 'Transaction: -0- quired if urtder � $10,000) Funding Source: Activity Number: . ATTACHMENTS List and Number A11 Attachmen s Ordinance signed by City Attorney. (The ra ting of this ordin ce was requested to be in concurrence with Hea�th Division needs ) . Counctl Research Cent�er JUN 0� 1°89 DEPARTMENT REVIEW CITY ATTO NfY REVIEW � Yes No Council Resolution Required? � Resolutio �equired? Yes No Yes No Insurance Required? Insuran.ce SufficieRt? Yes No �Yes No Insurance Attached: - . - ., . . .. (SEE •REVERSE SIDE INSTR�WCTIONS) kevfsed 12/84 �'�, - • . �'�,� �. �` iiOW TO USE THE GREEN SHEET . • � r � � � . �� • . , The GREEN SHEET has several PURPOSES: � � 1. to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supporting materials are prepared, and, if � required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain � the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broa�er financial impacts (cost to users, homeowners or other groups affected by the action) . T3�e personnel impact is a description of change or ahift of Full-Time Equivalent (F'TE) positions. � If a CONTRACT amount is less than $10,000, the Mayor's siqnature is not required, if the department director signs. A contract must always be first signed by the outside agency before routing through City offices. � Below is the preferred ROiTPING for the five most frequent types of documents: . CONTRACTS (assumes authorized budget exists) " � 1. Outside Agency 4. Mayor 2. Initiating Department 5. Finance Director 3. City Attorney 6. Finance Accounti.ng ADMINI3TRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director - 3. Director of Management/Mayor 4. Budget Director 4. City Clerk ' 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOT,UTZON (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (,all others) 1. Department Director 1. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires eviderice of insurance/co-i�surance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another goverr�mental unit. 2.. Collective barqaininq contracts. • 3. Purchase, sale or lease of land. ' 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or grantinq by City of indemnific�tion. . 7. Agreements with State or Federal Governme�rt vnder which the� are providing funding. 8. Budqet amendments. . �l r�_�..Y�Ji'./�I'�`i ' � � ' �-��_j���/ ��G�9 (1) Grounds for emergency c1 sure. It shall be a violation of this chapter and suffici nt cause to summar ly close after a minimum of 24 hours or lo g prior notice a y licensed food establishment in which any ne or more of the ollowing condit- ions are found to exist on he licensed premis s or resulting from the operation of the 1 ce sed premises : (i) The presence of rea il perishable foo held in either refrigerator equipment at 55 degrees F. or h gher or hot- holding equiPment at 135 eg ees F. or lower (ii) More than one viola io within 30 days of holding readily perishable foods t 0 degrees F. or greater or at 140 degrees F, or lowe . (iii) The presence of a w rk r with a commun' cable disease preparing food. (iv) The presence of foo c ntaining human athogenes (disease causing organisms s ch as bacteria, virus and protozoa) . (v) An on-going foodbor llness caused b the operation of the establishment . (vi) Lack of an approved n presently opera le dishwashing system on the premises . (vii) Lacic of apnroved han w shing, facilitie in the food preparation area; or three v olations within 0 days of the proper maintenance of the p roved handwashin facilities such as lack of soap or ha d towels . (viii)An infestation in th remises of cockr aches to such an extent that three or more iYe cockroaches ar observed in food preparation area or there s the presence of ne cockroach in food. (ix) An infestation of ro e ts to such an ex ent that one live mou�e or rat is observed i e food preparat on area or storage areas ; or there is the acc m ation of fresh ouse droppings in more than one location in it er the food pre aration or storage areas ; or the presence of re h rat droppixigs in one location in the food storage or pre ar tion areas . (x) There are flies bree in in the license food establish- ment as shown by the Prese ce of maggots . (xi) The licensed food es ab ishment scores 5 or less on a rated inspection as measur d y the rating sy tem approved by the Minnesota State Depart en of Health. 1�6 B�3o/Sf . � !� . �' ' . , � � �;`*'-�; . 1.•= / . . ' ��_ /�� � T��� (xii) Evidence of a sewe ackup in the foo preparation or food storage areas . (xiii) Lack of any basic a ilities such as ater , electricity or a properly functioning s er. I (xiv) A major remodeling i the food prepar tion area that was not anproved by the divis o of public healt . (2) (i) Powers of Division of Health. The di ector of environ- mental health, or an enviro me tal program man ger, following an onsite inspection, may dete i e that anv one f the grounds for emergency closu�e exists in a icensed food es ablishment and may issue an order of emergency cl sure on such fo as the division shall promulgate. Such ord r hall identify t e licensed food establishment, describe the sp cific grounds u on which the closure is based, direct th i ediate closing of the establish- ment , give notice of the da e, time and place f a hearing on the emergency closure. Suc o der shall be se ved on the owner , manager or agparent person ' harge of the pr mises who shall thereupon close the premises a d ask all perso s to leave. Failure to close the premis s nd ask for pers ns to leave upon service of the order is a m'sd meanor. The en ironmental health director, or an environment 1 rog,ram manager, ay upon failure of the owner, manager, or ot e responsible pe son in charge, ask all persons to leave the pre i es . Failure to leave upon said request is a misdemeanor. (ii) An order for emergency 1 sure shall apply to all activities and operations wherever cond c ed in the licens d establishment , and shall apply to the sale f alcoholic bevera es for which a license has been issued unde hapter 409 of th Legislative Code only if the said director or a environmental p ogram ma.nager has determined that the grounds o the emergency c osure order also apply to and affect the sale o alcoholic bever ges such that the health and safety of persons c suming alcoholi beverages on the licensed premises would be s r' usly threatened by its continuation. If such grounds exist, the e t' e premises shal be closed. If sale and consumption will no versely affect ublic health and safety, the order for emerge c closure will ap ly to all food operations and all parts of he licensed premis s used for food preparation, cooking, servic , ining, and clea up . The said director or an environmental pr gram manager sh 11 specify in the order for emergency clos re whether it appl es to all operations and the entire premises , or nl to food operat ons and areas related thereto. 3 � a�,�ls+ . , � �..:: . /l /i,.0:s 2. s;,i.,�,.:>-,l . . . � ���;,���� � ��7� (3) Closure assistance b olice. In a�y c se where any person refuses or delays to make a t' ely exit from t e premises after service of the order, or re u st by the divisi n of environmental health above, the police ma e summoned to as ist in clearing the premises and issuing su h itations or mak ng such arrests as may be necessary as to a 1 ersons refusing to comply. (4) �mergency hearing. he e shall be a he ring before an independent hearing examine a the date, time and place speci- fied in the Order of Emerge cy Closure , which earing shall be not later than the second b si ess day followi g the closure of the establishment, provi ed, however, that he licenseholder may waive the foregoing tim r striction and c nsent to scheduling the hearing at a later date he hearing shal be held before an independent hearing exam ne who shall rece ve evidence offered by both parties and make fi di gs of fact and onclusions of law solely on the question of w et er the en-tairomm �tal health director has shown by clear an convincing evi ence that one or more of the grounds for me gency closure d scribed in the Order of Emergency Closure o xist. Such fin ings and con- clusions shall be issued by th hearing examin r on the next day following the conclusio o the hearing. he report of the hearing examiner shall also se a date for a f 11 hearing to consider adverse action aga'ns the licensehol er' s licenses based on the grounds set fo th in the Order of Emergency Closure , requiring that the enviromm �t 1 health direct r cause adverse action to be initiated fort i h pursuant to s ctions 310 .05 and 310. 06 of the Code . If the fi dings of fact a d conclusions af law sustain the grounds set fo th in the Order of Emergency Closure, the order shall re i in full force nd effect pendin� further adverse hearin� and fi al determinatio by the city council . If the findings o f ct and conclusi ns of law do not sustain the grounds set for n the Order of ergency Closure, the order of the division s 1 be deemed dismissed, and the establishment may reopen for h ith, subject to any further proceedings . 4 �3 8/30/8!► ' > WHITE - CITV CLERK , PlNK -FINANCE GITY O AINT PAUL Council b CANARV -DEPARTMENT (� BLUE -MAVOR File NO. �� /�" - �.-- �r dnce Ordinance N 0. ���i/f , � Presented By �"� Referr�To Committee: Date Out of Committee By Date (5) Council appe 1 . Any person aggrieved by the findings and conc us ons of the hea ing examiner may appeal to the ci y council by fil 'ng a notice with the city clerk ho shall note th matter for hearing at the city o cil meeting n xt following the date of such ap a . The counci may modify the findings and conc us ons of the hea ing examiner as it deems appropria e on the record, or continue the closure order pe d'ng the furthe hearing on such adverse action as o ered by the he ring examiner concerning the license f he food establi hment. Sec i n 2. That this ordinance sh 11 take effect an be in force . thirty ( 30) days after its p ss ge , approval an publication. COUNCIL MEMBERS Yeas Nays Requested by Depa ment of: Dimond �� [n Fav ca�;c� � Rettman B Scheibel A gai ns t Y Sonnen Wilson r Qn SLP —� �9�p. For pprove by rne Adopted by Council: Date c Certified Pa s Council e BY � (O By Approv y Mayor: Date ` EP 1 1 198 Approved by Mayor or Submission to Co cil sy By RUBII$I�D S E P � 6 1 . . . . . . . . . . ��=/o�'� .. r�� 7y ....� ...� �.. ��� (1 ) Grd�inds for em r ency closure. It shall be a violation'�, of this c apter and suf icient cause to summarily ' ,close a y licensed food establishment in which any one or m r of the followi g conditions are found to exi'st on t e icensed premise or resulting from the operation`<>�of t e icensed premise : ,. ., ( i ) The presenc f readily perisha le food held in either refrig'e� to equipment at 55 degrees F . or higher or hot� o ding equipment t 135 degrees F . or lower. '� 4 u ( ii ) More than on iolation withi 30 days of holding readily pe is le foods at 50 degrees F . or greater or at 140 de rees F . or lower. ( iii ) The presence f a wo`�ker with a communicable disease preparing foo . �., `� ( iv) The presence o ood coi�taining human patho- genes (disease causi g organisri�s such as bacteria, virus and protozoa) . (v) An on-going f o orne illnerss c used by the operation of the esta 1 shment. (vi ) Lack of an a pr ved and pres'� tly operable dishwashing system on t e premises . (vii ) Lack of ap r ved handwashin ` facilities in the food prepara i n area; or thr e', violations within 30 days of th proper mainte ari�e of the approved handwashing acilities such as ', lack of soap or hand towels . �.� E. (viii ) An infestatio i �he premises o cockY�oaches to such an extent tha hree or more liv cockr�aches are observed in fo d preparation ar a or there is the presence of on ockroach in food (ix) An infestation o rodents to su h an ext t that one live mous r rat is observed in th food preparation ar a or storage are s ; or there is the accumulation o fresh mouse roppings in 2 . . . � . � � - : .. = . . ���a�i more than one loca i n in either th food prepa- ration or storage re s ; or the pres nce of fresh rat ',,droppings in o e location in the food storage or pr�paration areas i .� (x) Th re are flie reeding in the licensed food establi ment as sh w by the presenc of maggots. `4 (xi ) The`,, licensed f od establishme t scores 55 or less o3� a rate i spection as me sured by the rating sys`�em app ov d by the Mi nesota State Department o� Health t (xii ) Evidenc^�, of a s er backup in t e food prepa- ration or food ��tora e reas . (xiii ) Lack of any a ic facilities s ch as water, electricity or a ?�ro er y functioning s wer. (xiv) A major remo e ing in the foo preparation area that was not. a proved by the division of public health. (2) Powers of Div s 'on of Health. The director of the division of pub ic health, or his r her desig- nee , upon a determinat ' on that any one o the grounds for emergency closure xi ts in a license food estab- lishment may issue a order of emer ency closure on such form as the d vi ior� shall prom lgate . Such order shall identify t e licensed food establishment , describe the specific r unds ..upon whic the closure is based, direct the im d ate cZosing of t e establish- ment , give notice of t e date, time nd place of a hearing on the emerg nc closu�e. Suc order shall be served on the owner, manager ; or app rent person in charge of the prem se who sY�all th reupon close the premises and ask 11 persons 'to lea e. Failure to close the premises a d ask fo� per ons to leave upon service of the r er is a �iisde eanor. The public health director, r his or er esignee , may upon failure of the owne , manager, or�pthe responsible person in charge , ask al ersons to le�ve he premises . Failure to leave upon a' d request is �., a misdemeanor. . . . . . . . . . ���y�-io�/ (3) Closure assis an e by police. In any case where any person refu es or delays to ake a timely exit from the premise after service of the order , or request by ', the di i ion of public ealth above , the police may . be s mm ned to assist in clearing the premises ancl, iss in such citatio s or making such arrests as rYtay e necessary as to all persons refusing to comply. °'�: (4) Emergency hear'n . There shall be a hearing before an independent h aring examiner at the date, time and place specif'`e in the Order of Emergency Closure , which hearin ' hall be not 1 ter than the second business day o '�owing the cl sure of the establishment, provided h livever, that the licenseholder may waive the foregoi g ti�me restrictio and consent to scheduling the heari g at ,a later date The hearing shall be held before n independent hearing examiner who shall receive ev' de ce c5ffered by both parties and make findings of f ct and conclu ions of law solely on the questio f whether the ublic health director has shown by c ear and convin ing evidence that one or more of t e rounds `for eme gency closure described in the Order o Emergency Clos re do exist. Such findings and c c usions shall e issued by the hearing examiner on the next day ollowing the conclusion of the hear n . The repart o the hearing examiner shall also et a date foi� a full hearing to consider adverse ac i against the 1 censeholder ' s licenses based on the g unds set forth in the Order of Emergency Closure , e iring that the public health director cause adverse ac ion to be initi ted forthwith pursuant to sections 1 . 05 and 310.06 of the Code . If the findings of fac nd conclusions f law sustain the grounds set forth i t e Order of Emer ency Closure , the order shall remain in full force and ffect pending further adverse heari g and final det rmination by the city council . If t e findings of act and con- clusions of law do no ustain the gro ds set forth in the Order of Emer en y Closure , the order of the division shall be deem d dismissed, and he establish- ment may reopen fort w' th, subject to any �further proceedings . 4. ! _ '_/ . . . I���JI�a��%'�' — . � ft g y.�a8 I more than one location in either the food preparation or storage areas; or the re ence of fresh r t droppings in one location in the fo d torage or prepa ation areas . (x) There are flies b ee ing in the lice sed food establish- ment as shown by the p es nce of maggots. (xi) The licensed foo e tablishment sco es 55 or less on a rated inspection as ea ured by the rat ng system approved by the Minnesota State De artment of Heal h. (xii) Evidence of a s we backup in the ood preparation or food storage areas . (xiii) Lack of any ba ic facilities such as water, electricity or a properly function' ng sewer. (xiv) A major remodel ' ng in the food pre aration area that was not approved by th d vision of publi health. ( 2 ) ( i) Powers of Divi io of Health. Th director of the e1���s�ea-o€-pt�b��e enviromm �t 1 health, p� ' -l�4S�� � . upon a determination that a y ne of the groun s for emergel�cy closure exists in a license f od establishmen may issue an order of emergency closure on suc f rm as the divis ' on shall promulgate. Such order shall identity t e icensed food es ablishment, describe the specific grounds upon w ic the closure is based, direct the immediate closing of the es ab ishment, give n tice of the date, time and place of a hearing n the emergency c os�zre. Such ord�r shall be served on the owne , anager or appar nt person in charge of the premises who shall t r upon close the remises and ask all persons to leave. Fail e to close the pr mises and ask for persons to leave upon servic f the order is misd me�no�, The pr�b��e environmental health i ector, �� -�es�gnee; may upon failure of the owner, n ger, o�r other r sponsible person in charge, ask all persons t eave the premis s. Failure to leave upon said request is a m sdemeanor. ( ii) �n order for emerg n y closure shall apply to all activities x and operations wherever cond c ed in the licensed establishment, and shall apply to the sale f alcoholic bever ges for which a license has been issued unde hapter 409 of t e Legislative Code only if the said director ha etermined that the grounds for the emergency closure order also a ply to and affect the sale of alcoholic beverages such that the heal h and safety of persons consuming alcoholic beverages on the 1 ' c nsed premises wo ld be seriously threatened by its continuati n If such grounds exist, the entire premises shall be closed. I aleand consumpti n will not adversely x affect public health and saf t , the order for mergency closure a. � , . will apply to all food oper ti ns and all part of the licensed premises used for food prep ra ion, cooking, s rvice, dining, and cleanup. The said director sh 11 specify in t e order for emergency closure whether it applies o 11 operations a d the entire premises, or only to food operations nd areas related t ereto. { 4 b. 1 I � ' r I, � � � (3 ) Closure assistance by police. In any case where any person refuses or delays to ak a timely exit rom the premises after service of the order, r equest by the d vision of pt�l���e environmental health above, he police may be s mmoned to assist in clearing the premises and is uing such citat ons or making such arrests as may be necessary s o all persons r fusing to comply. ( 4 ) Emergency hearing. T ere shall be a earing before an independent hearing exami er at the date, ti e and place specified in the Order of emergency Cl su e, which hearin shall be not later than the second business day fo lowing the clos re of the establish- ment, provided, however, tha t e licenseholder may waive the fore- going time restriction and c ns nt to schedulin the hearing at a later date. The hearing s__al be held before an independent hearing examiner who shall r ce 've evidence off red by both parties and make findings of fact an c nclusions of la solely on the questions of whether the environmental h alth director has shown by clear and convincin e idence that one or more of the grounds for emergency closur d scr.ibed in the rder of Emergency Closure do exist. Such find ng and conclusion shall be issued by the hearing examiner on t e ext day followi g the conclusion of the hearing. The report f he hearing exam ner shall also set a date for a full hearin t consider adver e action against the licenseholder' s licenses ba ed on the groun s set forth in the Order of Emergency Closu e, requiring that he �r��e environ- mental health director cause a erse action to e initiated forthwith pursuant to sections .310. 05 n 310 . 06 of the C de. If the findings of fact and conclusions of 1 w ustain the grou ds set forth in the Order of Emergency Closu e, the order shall remain in full � force and effect pending fur he adverse hearin , and final deter�.- mination by the city council f the findings f fact and conclusions of law do not sustain the gr un s set forth in he Order of Emergency Closure, the order of the di is ' on shall be dee ed dismissed, and the establishment may reopen f thwith, subject to any further proceedings. 4 � 3 . . . _ . . » � (2)(i) Powers of Division of Hea th The director of �ri-i�►-isiort-o€-�ctbke environmental health, or an enviromm �t I ro ram mana er, -his-er-her-desigr�ee, following an onsite inspection may �e�errr►it�a#iar� deter ine that any one of the ----__._ a rt� grounds for emergency closure exists in licensed food esta lishment ,may issue an order of emergency closure on such f rm as the division shall promuigate. Such order shaii identify the licensed food establi h ent, describe the s ecific grounds upon which the ciosure is based, direct the imme at closing of the esta lishment, give notice of the date, time and place of a heari g n the emergency clo ure. Such order shall be served on the owner, manager or p rent person in char e of the premises who shall thereupon close the premises an a k all persons to lea e. Failure to close the premises and ask for persons to leave up n service of the or er is a misdemeanor. The �Fic environmental health direc or or an environmenta ro ram mana er, er hi-s�-c�i-�et�-desit�nee�, may upon failur of the owner, manager or other responsible person in charge, ask ali persons to 1 av the premises. Faii re to leave upon said request is a misdemeanor. � (ii) An order for emergenc clo ur shali a l to all a tivities and operations wherever conducted in the licensed es ab ishment, �and shall 1 to the sale of alcoholic bevera es for which a licens h s been issued unde cha ter 409 of the Le islative Code onl if the said direc ar or an environmental ro ram mana er has determined that the rounds for the e e enc ciosure order also a I to and affect the sale of alcoholic bevera es such t at he health and safet of ersons consumin alcoholic bevera es on the licensed r mi es wouid be serious threatened b its continuation. If such rounds exist, he entire remises sha I be closed. If sale and consum tion will not adversel affect u ic health and safet , the order for emer enc closure wili a l to all food o eration a d all arts of the li ensed remises used for food re aration, cookin , serviCe, d ni , ,and cleanup. T e said director or an environmental ro ram mana er shall e if in the order for emer enc closure whether it a lies to all o erations and the ent re remises, or onl t food o erations and areas related thereto. � , • ' � (1) Grounds for emergency clos re It shail be a viola ion of this chapter and sufficient cause to s m arily close after a minimum of 24 hours or longer prior notice any ic sed faod establish ent in which any one or more �of the following on itions are found to exist on the licensed premises or resulting fr m he operation of the icensed premises: � � (2) (i) Powers of ivision of Hea th. The Director of �sitrrr-c�€-�ke � Environmental He ith or pi-s-� 'g�ee-�rt-a ' 'er� an Env�ron- mentai Pro ram ana er followin e ins ection m determine that any one of the grou ds for genc cl sure exists in a lic nsed food estabiish- ment may issue rder of emer en y closure on such f rm as the division sha ulgate Such order sh il dentify the licensed food establishment, describe the spe ific grounds up n hich the closure is ased, direct the immediate closin of the estabiish e t, give notice of th date, time and place of a heari g on the emerge cy closure. Such orde shall be served on the owner, man ger or apparent er on in charge of the premises who shaii ' thereupon close the premises an as all persons to�leav . Failure to close the premises an ask for person to leave upon service f the order is a mis- demeanor. The pd�ifi�-hea�#I� en iro mental health direc or-c��-his-er-ber-ele94gnee or an environmental ro ram man , may upon failure of the owner, manager, or other responsible person in c ar e, ask ail persons t leave the premises. Failure to leave upon said reque i a misdemeanor. - ° ' ' � (..f-��1��� - �� � - �7�y $��T� �. CITY OF SAINT PAUL �`0 ''� OFFICE OF ?HE CITY ATTORNEY o �� ;� ii i�i.il ii �> <;. �= EDWARD P. STARR, CITY ATTORNEY `%. ''"�:a„�','���'`��� 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER - MAYOR June 6 , 1989 Council Member Janice Rettm n Seventh Floor City Hall Re : Summary Closings Dear Council Member Rettman: Pursuant to your request, p ea e find enclosed the draft ordinance regarding summary closings . Philip Byrne and I worke ointly on this effort and submit it to you for your revi w and introductio to Council . Of course , if you wish the r inance amended 'n any way, please do not hesitate to contact u . Similarly, ' f you aren' t clear as to any part of the pr ce s , either Phil or I will be more than happy to review the si ua ion with you. Yours truly, PAUL F. MC CLOSKEY Assistant City Attorney PFM:cg Encl . I cc : Edward Starr Jane McPeak Edwin Lee - . . � v � - ' " Members: ��'j—/0�/ �'� . � GZTY OF S INT PAUL Janice Rettman, chair /7(7j� ��,,,,,,s;;,,� Bili Wilson tnt EF.n OFFIC� OF I3 CIZ`Y COIINCIL Bob Long � Date: July 6, 1989 JANICE RETTMAN Councilperson C O Cn i t e e R e p o rt To: Saint Paul City Council � From : Community and H m n Services C mmittee Janice Rettman, C a r A meeting of the Community and Human er ices Committee was eld on Wednesday, July 5, 1989. 1. A roval of Minutes of June 21, 1 89 eetin . Minutes approved on 3-0 vote. . 2. Cit Council A enda 5/4/89, Item 1: Resolution - 8 -773 - A rovin the Lil dale/Harriet Island Master Pl d authorizin subm ssion to the Metro olitan Council and authoriz' ro er Cit Officia s to execute a reements � as necessar to acce t and im lem t he Metro olitan Co ncil rants for said develo ment. (For referral to the Co unit and Human S rvices Committee.) (To be continued June 21, 1989.) (La d over to Jul 5, 989.) Recommended for approval on 5-0 vo e. To be brought in nder Suspension of the Rules at July 6, 1989 City Cou ci meeting. ' 3. Cit Council A enda 1/5/89, Item N . First Readin - 89-12 - An ordinance amendin the Le islative Code b a di • a new cha ter li ensin ersonal ro ert locker facilities. (For referral o he Communit and H man Services Committee.) (Laid over� to March l, 1989 for fu th r review with Lice sin , Health, Cit Attorne , and other a ro ria e taff.) (Laid over to A ril 5, 1989 at Bob Lon 's re uest. Jerr Se al's re ort due March 3, 1 89.) (Laid over to June 21, 1989.) (Laid over to Jul 5 1989.) No recommendation made. _�------- --- 4. Cit Council A enda 6/15/89, Item o. 1: First Readin 89-1081 - An ordinance amendin Cha ter 331 of the Le isl ti e Code ertainin o food licensin b _ authorizin the rocess of the su ar closin of licens d food establishments, enactin the standards u on which lo in s should take ace, and establishin a hearin and a eal rocess subse ue t to a summar closin . (For referral to the Communit and Human Service C mmittee.) No recommendation made. Public he ri g before the City C uncil to be held on July 18, 1989. . CTTY HALL ROOM NO. 718 AI T PAUL, MINNESOTA 55102 612/298-5289 S 46 . ^ • , • � � - . , _ L Community and Human Services Committee COMMITTEE REPORT July 6, 1989 Page Two 5. Library Community Response (discussion item after District Councils' review • of new proposed strategic plan) . (Laid over to July 5, 1989 at Bill Wilson's request.) Laid over to July 19, 1989. cc: A1 Olson Ed Starr . � ' � • # , ' • I ' lst Cv -/..5 -� 2nd � - � � � 3rd - ' Adopted - !: -� Yeas Nays DIMOND �CJ'_���o„�, GOSWITZ /��7/ S� LONG : : RETTMAN SONNEN WILSON � P IDENT, SCHEIBEL lst � � =; ` . : 2nd "%�— r �' - .�' � - a �a !' r r � � 3rd � r � /� AUOp�CU � .�-�,% �-�.'-�1 - Yeas % C;�-� � Nays DIMOND /�,�i��—f�6� l./ coswzTZ �g_/�� I LONG.� � / 7� 7� RETTMAN , � : ;? SONNEN . WILSON � ,.. .;; =� - � MR. PRESIDENT� CHEIBEL ...�: :,. ,...�;::.�.,�.. , ;: .. ;.,. ..� . :> ,. - .s„ �,- . _ .. .