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07-1066� Council File # �7-1066 Green Sheet #3046099 ORDINANCE Presented By CITY OF SAINT PAUL, MINNESOTA � 2 An ordinance amending chapter 331A.04 of the Saint Paul Legislative Code to 3 create additional classifications of restaurants. a�� � 4 5 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �` K� , Section 1. Section 331A.04 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 331A.04. License administration. 10 (a) License required. Except for those establishments excluded in section 331A.02(c), no person 11 shall operate a food establishment within the city unless a license for the current year of the 12 applicable type shall have been obtained from the department pursuant to this chapter and the 13 Saint Paul Legislative Code. 14 *r�: 15 (d) License fees. Fees for licenses issued hereunder along with the fees for an environmental plan 16 review and change of ownership review shall be set forth in section 310.09(b) and 310.18 of the 17 Saint Paul Legislative Code. An additional fee may be charged for each additional service or 18 operation which is separate, distinct or unique from the central or main food establishment, as 19 determined and approved by the director. 20 21 22 23 24 25 26 27 28 29 30 (1) Catering - Limited: A caterer who prepares and serves food in a licensed food establishment and does not transport and/or serve food at a satellite location(s). A food vehicle license is not permitted. �** (19) Restaurant - (z4�: A food establishment with food preparation and service for carry-out, delivery ar on-site dining with s`rtrtg limi�ed-t8-no seats. (20) Restaurant -(�J: A food establishment with food prepuation and service for carry-out, delivery, or on-site dining with a seating caoacitv between one(1) and efYriare t�mrtwelve (12) seats. (21) Restaurant -(3) A food establishment with food prenaration and service for carry-out, deliverv or on-site dining with a searing capacity between thirteen (13) and fifty (50) seats. 31 (221 Restaurant -(4): A food establishment with food prenaration and service for carry-out. U'�-�Q(Q�O 32 deliver�r on-site dinina with a seatin�capacity between fiftv-one (51) and one hundred fiftv 33 (1501 seats. 34 (231 Restaurant -(5): A food establishment with food prenaration and service for carr�out, 35 deliverv or on-site dinin�with a seatin�capacity of more than one hundred fifty-one (151 seats. 36 {�J ��Restaurant -(D) - Add on: A license for a food preparation or bar area that is in 37 addition to a licensed prunary restaurant -1,2.3,4, or 5 - location and that is 38 operated within a licensed facility. The primary restaurant shall be the food preparation/Uar area 39 that is at or qualifies for, the highest restaurant license category. 40 (�3j 25 Restaurant -(E) - Extension: A license to extend food preparation and/or food holding, 41 during normal business hours, to exterior azeas contiguous to the building in which the restaurant 42 is located, such as a patio or parking lot. Permitted foods shall be limited to those allowed by the 43 current restaurant license. 44 {-�}j 26 Restaurant -(��- Limited.• A food establishment that does not prepare or sezve 45 potentially hazardous foods. Service is limited to beverages, bakery products or prepackaged 46 foods. 47 (-�dj 27 Retail food establishment.• An establishment or that portion of any location oz business 48 that is dedicated to the retail serving, preparation, processing or sale of grocery, bakery or animal 49 products. 50 {�Sj� Retail food establishment - Farmers' market.• An establishment operated in accordance 51 wath and subject to the regulations and provisions of Chapters 11 (City Market) and 331A (Food 52 Protection Standards) of the Saint Paul Legislative Code. Exclusions: Minnesota Consolidated 53 Food License Law, Section 28A.15, Subd. 2- Persons selling products of the farm or garden 54 occupied and cultivated by them do not require a City of Saint Paul license; but they shall be 55 required to comply with all applicable food regulations. 56 (�5j 29 Retail food establishment - Temporary.• A temporary establishment where food sales 57 shall be restricted to prepackaged non-potentially hazardous food or nonalcoholic beverages; 58 operating no more than fourteen (14) days annually at any one location. 59 (z'�j 30 Retail food establishment - Temporary - Bei�erage only: A temporary establishxnent 60 where food sales shall be restricted to canned or bottled nonalcoholic beverages, operating no 61 more than (14) days annually at any one location. 62 (�j 31 Retail food establishment - Nonprofit: An establishment operated by a nonprofit 63 organization, such as a food shelf, that provides food without charge, for humanitarian purposes. 64 (�9j 32 Retail food establishment - Secondary facility.• A service or operation which is separate, 65 distinct or unique from the central or main food area, within a licensed retail food establishment, 66 used for the sale, serving, preparation, processing or salvaging of foods. Examples of a 67 secondary facility include a bakery, butcher or salvage operation within a grocery type of 68 establiskunent ar a grocery operation within a butcher or bakery type of establishment. This 69 license shall also allow the serving of foods that shall be restricted to coffee, popcorn, bakery 70 products or nonalcoholic beverages. Each secondary facility requires a separate license. 71 (36j 33 Special event food sales - 1 to 3 days.• A license for a food establishment as a special 72 event, where the food operations shall be restricted to the menu items, food preparation methods 73 and equipment that have been submitted with the application and approved by the director. Any �� If-7 �7 : p�7-101o�O 74 change in menu items, food prepazation methods and/or equipment shall require approval by the 75 duector prior to the event. This license shall be valid for only one event that shall not exceed 76 three (3) consecutive days. This license shall only be issued in conjunction with a special event. 77 (33j �Special event food sales - 4 to 14 days: A license for a food establishment at a special 78 event, where the food operations shall be restricted to the menu items, food prepazation methods 79 and equipment that have been submitted with the applicarion and approved by the director. Any 80 change in menu items, food preparation methods and/or equipment shall reguire approval by the 81 d'uector prior to the event. This license shall be valid for only one event that shall not be less 82 than four (4) and shall not exceed fourteen (14) consecutive days. This license shall only be 83 issued in conjunction with a special event. 84 f3zj �Special event food sales - Annual: A license for a food establishment participating in an 85 unlnnited number of special events within a twelve-month period, where the food operations 86 shall be restricted to the menu items, food preparation methods and equipment that have been 87 submitted with the application and approved by the director. At the time of application, all 88 events to be participated in during the upcoming twelve-months must be listed. Any change in 89 the events listed shall be submitted in writing, to the director for approval, a minimum of seven 90 (7) days prior to the event. Any change in menu during the twelve-month license period shall 91 require submission of a new license application fee. This license shall only be issued in 92 conjunction with a special event. 93 {33j 3�6 Special event food sales - Extension: A license for a restaurant to extend food sales in 94 conjunction with a special event to areas contiguous to the restaurant, and where the food 95 operations shall be restricted to the menu items, food preparation methods and equipment that 96 have been submitted with the application and approved by the director. Any change in menu 97 items, food preparation methods and/ar equipment shall require approval by the director prior to 98 the event. This license shall be valid for only one event that shall not exceed fourteen (14) 99 consecutive days. 100 (39j 37 Special event food sales - Nonprofit: A nonprofit organization selling food in 101 conjunction with a special event where the food operations shall be restricted to the menu items, 102 food preparation methods and equipment that have been submitted with the application and 103 approved by the director. Any change in menu items, food preparation methods and/or 104 equipment shall require approval by the director prior to the event. This license shall be valid for 105 only one event that shall not exceed fourteen (14) consecutive days. 106 107 108 109 110 111 112 113 114 115 116 117 Section 2 �� J ��� � 118 This Ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. � ��C 3 � Requested by Department of: �� °` ��e�7C�-�L_i— Ry � E� Approved � � �l /v9 For roved by A B ` �� \ �VN✓ l Form Approve y for Subm�ssion to Counci] By: � �L� ��.� , / , I _' I��� Adopted by Counml: Date � � � y � ��� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � Su.S � �n S � � 07'/4l�<p ' DeparGnentlofficelcounciL• � Date �nitiated: � ; ' S, -oeP�.ofsaf�ty&�s�tia� ! o6-NO�-0� ; Green Sheet NO: 3046099 �! Contact Person & Phone: Denactment Sent To Person InitiallDate , I BobKessler , � � 0 DeptofSafeN&Inspections ' 266-9073 ' '� i ' ASSign I peptofSafery&Insoections '- DeoartmeniDirector ' '� ' MuSt Be on Council Agenda by (Date): '�, Numher , Z �C� Attorney ' � i For Routing , 3 �Mayor's Of£ce Mavor/Assistlnt ' ' '� Doc.Type: ORDINANCE � Order � 4 'Council i E-Document Required: Y '� � 5 � Clerk ' City Clerk � ��� � Document Contact: Robert Humphrey � � i Contact Phone: 266-9723 Total # of Signature Pages _(Clip All Locations for Signature) Approval of an Ordinance amending Chapter 331A.04 of the Saint Paul Legislative Code to create additional classifications of restaurants. idanons: Approve (A) or N Planning Commission CIB Commitfee Civil Setvice Commfasion 1. Has this person/frm everworked under a contract for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3 Does this person/firm possess a skill not normally possessetl by any curreni city employee? Yes No Explain all yes answers on separate sheet and a[[ach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Business Review Council recommends this change so that food establishments pay based on the size of their establishment to ease the burden on smaller establishments. AdvantageslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Fi nancial Information: (Explain) November 6,,2007 3:44 PM Cosf/Revenue Budgeted: Activity Number. Page 1