266696 WHI7E - CITV CLERK COIlI1C11 /.�Vs�
PINK - FINANCE GITY OF SAINT PAUL
CANARV - DEPARTMENT
BI.UE -MAYOR File NO. r�+
'� „ � n il e lution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, Tha.t pursua.nt to the authority of Minnesota Statutes
145.031, th� proper City officials are hereby authorized and directed
to execute an agreement between the City and the Minnesota State
Board of Health whereby the City will assume the responsibility for
performing the functions of licensing and inspecting hotels, motels,
boarding houses, lodging houses, restaurants, places of refreshment,
and resorts located in the City of Saint Paul, said functions
formerly performed by the Minnesota State Board of Health and by the
above law authorized to be assumed by the City upon joint agreement,
a copy of said agreement to be kept on file in the office of Fina.nce
and Mana.gement Services.
COUIVCILMEN Requested by Department of:
Yeas Nays
Christensen 111 � 2S
� Hunt In Favor
Levine ` I
Roedler V Against BY"��-
Sylvester
Tedesco -
President� $o2za
J�� Z 7 �97� Form A roved City n
Adopted by Co il: Date
a
Certifie assed ounc' cretary BY
� 2'8 �9� Approv y Mayo mis ' o C c
Approve Mayor: D _
By BY
�tsNm .lAN 3 i 1976
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AGREEMENT �
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THIS AGREEMENT is made and entered into by and between
the CITY OF ST. PAUL, hereinafter referred to as the CITY, and
the MINNESOTA ST�TE BOARD OF NEALTH, hereinafter referred to as
the STATE.
This Agreement is entered into pursuant to the nrovisions
� of the Minnesota Statutes, Section 145.031 .
WHEREAS, the CITY has established a health department
.
pursuant to �-1innesota Statutes Chapter 1�5, and
WNEREAS, the STATE as set out in htinnesota Statutes,
Chapter 157, has the responsibility for the inspection and
licensing of hotels, motels, boarding houses, lodging houses,
restaurants, places of refreshment and resorts, as well as
the enforcement of regulations pertaining thereto, and
WHEREAS, the CITY has an environmental health staff
competent to license and inspect hotels, moteis, boarding and ,
lodging houses, restaurants, places of refreshment, and resorts,
as well as enforce regulations pertaininy thereto,
N041, THEREFORE, the following is jointly agreed to:
1 . TNE STATE delegates to the CITY and the CITY accepts
responsibility for performing the functions of Minnesota Statutes,
Chapter 157, of licensing and inspecting hotels, motels, boarding
houses, lodging houses, re5taurants, places of refreshment, and
resorts located in the CITY, as �vell as enforcement of applicable
regulations pertaining thereto. Inspections shall be made on the
basis of the licensing requirements established in applicable regu-
lations as defined in Section 8 of this Ayreement.
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The CITY will also make timely follow-up inspections �
to assist and determine compiiance with applicable regulations as }
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defined in Section 8 of this Agreement.
. 2. The CITY will prepare inspection reports which
contain a statement of any violations, orders for corrections of
violations, and set dates of compliance.
. 3. The CITY shall review and approve plans and speci-
fications for proposed new and remodeled establishments set forth
in Section 1 above, to determine in advance compliance with .
applicable regulations. Reports of these reviews will be promptly +
transmitted to the STATE.
4. The CITY will perform the inspection, licensing,
� enforcement, consultation and other services agreed to nerein {
� without cost to the STATE. The CITY will provide the STATE with
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a current list of licensed establishments and will make inspection
reports available to the STATE upon request. �
5. ?he STATE will discontinue the issuance of licenses,
tiie revocation of licenses, the conduct of hearings or initiation
of Court actions, or other enforcement actions under Minnesota
Statutes, Chapter 157. The STATE will discontinue all inspection
activity except the inspection activity required in Section 6 to '
determine whether the CITY is functioning in compliance with
this Agreer�ent. The STATE will provide orientation and consulta-
tion on problems, or other supportive services for the staff
of the CITY, including rules and regulations promulgated by the
STATE for thz performance of such dut�es by the CITY,
6. The STATE shall retain the basic responsibiiity
for an annual review of the CITY'S prograrn to determine its
continued compliance with this Agreement. Said annual review
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criteria shall include average establishment demerit score,
interpretation of requirements, administrative procedures (complete-
ness of records, frequency of inspections, and enforcement procedures) ,
staff training, industry training, program support, plan review,
and supportive facilities and measures (laboratory facilities and
services, field equipment, preparedness for food borne disease
outbreaks). Any deficiencies in the CITY'S program shall be
reported to the CITY. The minimum acceptable standard for the
� CITY'S performance will be the level of inspection and service
performed by the STATE during the preceding year in those Cities
not covered by agreements made under Minnesota Statutes Section
145.03.
7. The CITY shall provide adequate staff to carry out
the provisions of this Agreement.
8. The CITY will adopt or cause to be adopted regula-
tions and ordinances at least equal to the requirements of
Minnesota Statutes Chapter i57 and State Regulations governing
the subject matter of P1innesota Statutes, Chapter 157. These
ordinances will be the applicable regulations the City will operate
under as previously stated in this agreement and will be enacted
with an effective date not later than January 1 , 1976.
9, The Agreement shall continue to be effective until
such time as the CITY shall notify the STATE in writing of its
intention to terminate the terms or conditions contained herein,
and that such termination shall occur 180 days after the receipt
of such notice by the STATE. Termination of this Agreement by
the STATE shall be in writing for jus� cause as revealed by
the annual review score. Termination of this Agreemen� by
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the STATE must be accompanied by the appropriate documentation
of CITY program deficiencies requiring such termination. If
the CITY'S program is found to be deficient by the criteria and
standar�is set forth in Section 6 hereof but not creating a
public health hazard, the STATE may piace the CITY'S program
and the agreement on a provisional status far a period of six
months; said provisional status may be extended. In any event,
the STATE may terminate the Agreement i�unediately by written
notice if a failure in the CITY'S program results in the develop-
ment of public health hazards.
10. The terms of this Agreernent may be altered by
mutual written consent of the CITY and the STATE at any time.
11. The transfer of licensing authority shall occur
upon certification by the STATE of the CITY'S ability to assume
said licensing and upon adoption of ordinances acceptable to the
STATE, but in no case prior to January 1 , 1976.
MINNESOTA STATE BOARD OF HEALTH CITY OF ST. PAUL
Its Lawrence D. Cohen
Mayor, City of St. Paul
Its
Thomas J. Kelley •
City Administratar, City of St. Paul
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P�c)t�s '
12-23-75