03-894Council File # � � 0 ��
Ordinance #
Green Sheet # �j0�s��o�
ORDINANCE
OF SAINT PAUL, MINNESOTA
Presented By
Referred To
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Committee: Date
An ordinance to amend Saint Paul Legislative
3 Code Chapter 331A to require food facility
4 owners to apply for an environmental plan
5 review and pay a fee for new construction
6 and/or remodeling of the facility as well as
7 provide for change of ownership and ittspection
8 fees.
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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 relaring to food safety and inspection.
20 (a) Animal products shall mean the portions of animals used as food, such as, but not limited to, the dressed
21 flesh of cattle, swine, sheep, goats, wild game, poultry, fish, shellfish, shellstock and other edible animals or
22 similar types of foods that aze offered for human consumption.
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THE COUNCIL OF THE CTTY OF SAINT PAUL DOES ORDAIN:
Section 1
Section 331A.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 331A.03. Definitions.
(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, prepazes, 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.
Chan�of ownership shall mean a licensed business is sold ar transferred to another person, business or
corporation. A chan�e of ownership, as it relates to an environxnental vlan review, does not include the
changine or addine of officers to an existin�nartnership or corporation or change of a mailing address.
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(g� Ciry shall mean Saint Paul, Minnesota.
03-g°I�
2 `hg) City council shall mean the Saint Paul city council.
3 (ii�) Commissary shail mean a food establishment that provides equipment, utensils, supplies or storage
4 facilities for use by a caterer or mobile food vehicle operator.
5 (�i) Director shall mean the director of the environmental health section of the city office of license,
6 inspections and environmental protecrion or his/her designated agent.
7 l�c') Grocery products shall mean food items including, but not limited to, packaged or bulk foods such as
8 candy, snacks or chips, refrigerated and frozen foods, dairy products, canned foods, dry goods (i.e. tea,
9 coffee, spices, sugar, flour, etc.), fruits and vegetables, bakery products, and animaI products.
10 (lic) Office shall mean the city office of license, inspecrions and environmental protection.
11 (m�) Person shall mean an individual, firm, coxporation, association or partnership.
12 Ll Remodel shall mean any reconstruction, alteration or repair that requires structural, plumbine,
13 mechanical and/or electrical permits: chaneine the location of walls: expandin�the azea of the facilitv:
14 substantiallv chaneinQ or expanding the character of the business. Remodel does not include replacin� a
15 niece of equipment with a like piece of ec�u�inment: replacine wall, floor or ceiling finishes; repositioning
16 equipment; roviding new eauinment that does not sienificantly alter tl�e menu or the character of the
17 business. The director shall have discretion in determining when this section a� ln ies•
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(om) Retail shall mean the sale of food products directly to the consumer, usually in small quantities and not
usually intended for resale.
(�n) Salvage shall mean to recover or process damaged or deteriorated food and/or pet products for resale.
(�a) Self-contained shall mean a food establishment that, within its confines, contains all the facilities,
equipment, utensils and space necessary for its operation.
(r�) 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.
(s�) 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.
�tr) Unwholesome shall mean anything adulterated, unsound, unhealthful, unclean or unfit far human
consumption.
29 (us) YVholesale food processor, manufacturer or distributor shall mean a food establishment that processes,
30 reprocesses, manufactures and/or distributes raw materials, food ingredients or food products, packages food
31 for sale to others for resale, commercially slaughters animals or poulhy and where the total gross sales from
32 the wholesale processing, manufacturing, and/or distributing operations exceed 50% of the establishment's
33 gross sales.
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(C.F. No. O1-278, § 1, 5-2-01; C.F. No. 02-1029, § 4, 11-27-02)
Section 2
Section 331A.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
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
1 have been obtained from the office pursuant to this chapter and the Saint Paul Legislative Code. ��-��'�
2 (b) License application. The application for such licenses shall be made on forms fiirnished by the office and
3 shall set forth such informarion as may be reasonably required by the office. The issuance of such licenses
4 and their maintenance, tetmination, and adtninistration shall be in accordance with and subject to all
5 conditions of the Saint Paul I,egislative Code, unless otherwise provided herein.
6 (c) License fee; retail food establishment. The license fee for a retail food establishment shall be detennined
7 by the total area used for the display, prepazation, processing, storage and sale of foods such as, grocery,
8 bakery and butcher products. Support areas such as offices, bathrooms, hallways, and similaz spaces shall
9 also be included. Basements are not to be included as part of the retail food establishments except for azeas
10 used for food preparation or processing.
11 (d) License fees. Fees for licenses issued hereunder alon¢ with the fees for an environmental plan review and
12 chanee of ownership review shall be set forth in section 310.09(b) and 310.18 of the Saint Paul Legislative
13 Code. An additional fee may be chazged for each additional service or operation which is separate, distinct
14 or unique from the ceniral or main food establishment, as deternuned and approved by the directar.
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Section 3
Section 331A.05 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 331A.05. Inspections and plan review.
21 1. (a) Inspection required. The office shall inspect each food establishment prior to issuing a license for
22 a new establishment or change of ownership. A license shall not be issued until the corrections
23 required by the office, as a result of the environmental plan review or change of ownership review
24 pre�iezresing inspections have been made, to the sarisfacrion of the office.
25 (b) Inspection of food establishments. The office shall inspect every food establishment as frequently as it
26 may deem necessary to insure compliance with this chapter, but not less than the minimum frequency for
27 estabiishments established by Minnesota Statutes 157.20 or other applicable statutes or rules.
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(c) Inspection report. The office 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 office.
(d) Access to premises and records; inter-f'erence with health authority. The person operating the food
establishxnent shall, upon request and after proper idenrification by the office, 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 office in the performance of its duries, or refuse to permit the office to make such
inspecfions.
(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 office. The length of time far the correction of each such violarion shall be noted on the inspection
report. The failure to correct each such viola6on within the time period noted on the inspection report shall
constitute a separate violation of this chapter.
( fl Environmental £znrstrttetian plan review required. A person shall not begin to construct, extensivelq
remodel, or alter a food establishxnent until the directora€free 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 affree may inspect the food establishments as frequently
as deemed necessary during conshuction to ensure that construction occurs in conformance with this
chapter. The director eff�ee shall conduct a final inspection prior to the start of operations and issuance of an
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1 approved license. If work has commenced prior to approval of plans when required, the director of a�a}�'�
2 issue orders to halt the construction, extensive remodeling, expansion, or alteration, or may issue orders,
3 including demolition or removal, if reasonably necessary to determine compliance with the standards of ttus
4 chapter.
5 Oe Chan�o{ownership review required. Upon a chang,e of ownership of a food establishment, the director
6 shall conduct a change of ownership review of the premises to detennine compliance with the requirements
7 ofthis chapter.
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9 (C.F. No. O1-278, § 1, 5-2-01; C.F. No. 02-1029, § 6, 11-27-02)
Section 4
This ordinance shall take effect and be in full force thirty (30) days following its passage, approval and
publication
Requested by Department of:
Office of License, Znspections and
Environmental Protection
B y' �6� 9� �' .T�v-dmJ�
Form Approv�fl by City P�.�snpey
Ey:
Counci
By:
for
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Adopted by Council: Date /� .s �3
Adoption Certified by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet�� ��
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DepartrnenUofficelcouncil: Date Initiated:
LP — License/Inspection/Emiro�Prot 18SEP-03 Green Sheet NO:. 3005468
Contact Person & Phone: Deoarhment Sent To Person InitiaVDate
Virginia Pdlme� � 0 icensellns ectio nvimn Pro
266-8710 pujy 1 Ciri Attomev
Mus on Coun '1 Agenda by (Date): Num6er 2 a or's Office
s For
Routing 3 ouncil
Order 4 a or's 011ice
5 i Ckrk
Total # of Signature Pages �(Clip All Locations for Signature)
Action Requested:
Approval of an ordinance amending Saint Paul Legislauve Code Chapter 331A to require food facility owners to apply for an
environmental plan review and pay a fee for new conshuction andlor remodeling of the facility as we}1 as provide for change of
ownership inspections and fees.
Recommendafions: Approve (Aj or Rejed (R}: Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contrect for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally posse=sd by any
, current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Ini6aGng Problem, Issues, Opportunity (Who, What, When, Where, Why): �
This proposal is part of Mayor Kelly's 2004 proposed budget for LIEP. Currently, the Environmental Health Section of LIEP does not
collect fees for the extra work involved in conducting plan review activiues. The staff time required for fhis activity is extensive.
Advantages If Approved:
LIEP will be able to recoup reasonable costs necessary to conduct environmental health plan review acuviries.
DisadvantapeslfApproved: -
Increased costs to food facility operators.
Disadvanfaqes If Not Approveti: .
Plan review activities for food faciliues will not be funded.
Total Amount of
7rensaction: CasURevenue Budgeted: ��� qr�zp�s�9� °;.��y�ei
FundinA Source: Activity Number:
Financial lnformation: S g 9 2BYiic�
(Euplain)