HomeMy WebLinkAboutChapter 7: Health City of Edina Health 700.05
CHAP'T'ER 7. HEALTH
Section 700 - Community Health Board,
Department of Health and Sanitarian
700.01 Board of Health Created; Adoption of State Statute. A Community Health Board
is continued pursuant to M.S. Chapter 145A. It is to be composed of the members of the
Council. The provisions of M.S. Chapter 145A are hereby incorporated into and made a
part of this Code by reference thereto.
700.02 Duties of Community Health Board. The Community Health Board shall make
the investigations and reports and obey the directions concerning communicable diseases
as the Minnesota Commissioner of Health may require or give. Under the general
supervision of said Commissioner, the Board shall cause any State laws and regulations
relating to the public health to be obeyed and enforced. The Community Health Board
shall also have general supervision of the enforcement of sections of this Code relating to
public health and sanitation by the City Department of Health as set forth in Subsection
700.03.
700.03 City Department of Health Continued. A City Department of Health is hereby
continued. It is to be composed of a Sanitarian and such other persons as may be deemed
necessary and advisable.
700.04 Sanitarian. The Sanitarian shall be appointed by the Manager. The Manager may
also appoint a deputy sanitarian. The deputy sanitarian shall assume all the duties of the
Sanitarian during the Sanitariaes absence. The Sanitarian and the deputy sanitarian shall
be qualified for such position by academic training or experience in matters concerned with
and related to public health.
700.05 Duties of City Department of Health. The City Department of Health shall
perform such duties as may be assigned to it by the Community Health Board. The City
Department of Health shall enforce all sections of this Code relating to health, sanitation
and the control and prevention of communicable diseases. It also shall inspect sanitary
conditions in the City and shall perform such other duties as may be required by this Code.
History: Ord 701 codified 1970
Reference. M.S. 145A
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Section 705 - Storage, Collection and Disposal of Refuse
and Compostable Materials
705.01 Definitions. Unless the context clearly indicates otherwise, the following terms
shall have the meanings given them in this Subsection:
Subd. 1 Refuse. All solid waste products which are composed wholly or partly
of such materials as garbage, sweepings, cleanings, trash, rubbish, litter, industrial
solid wastes or domestic solid wastes including organic wastes or residues of
animals, meat, fruit, vegetables, grains or fish; animal excreta or carcasses of
animals; rubbish including wood, leaves, vegetation, tree trimmings, dead trees and
shrubs,branches, sawdust,shavings,grass, paper products, straw,rags,clothing and
all other combustibles; waste matter composed of soil, clay, sand, earth, gravel, fill,
stones, bricks, plaster, glass, glassware, crockery, ashes, cinders, shells, metal and
other non-combustibles; waste debris resulting from the construction, demolition,
repair, or alteration of structures or buildings; accumulated waste materials
composed of cans, containers, tires, junk, vehicle parts or other substances which
may become a nuisance.
Subd. 2 Compostable Materials. Leaves, grass clippings, garden plants, wood
ashes, fresh fruit, vegetable scraps, coffee grounds, and commercially available
compost ingredients. Compostable materials do not include meat scraps, bones,
grease, oil, eggs, dairy products, branches, human or pet excreta, plastics or other
materials which may adversely affect public health.
705.02 Refuse Containers. The owner or occupant of any premises where refuse may be
present, shall provide and keep on such premises sufficient containers for the storage of all
refuse accumulating on the premises between collections. Each container shall have a
close-fitting top. Containers shall be constructed of non-combustible materials and have
non-combustible covers. Dumpsters shall be constructed of metal.
705.03 Refuse Storage. All refuse on any premise shall be stored in the fully covered
containers required by Subsection 705.02, except as provided in Subsections 705.04 and
715.03 of this Code.
705.04 Location of Containers.
Subd. 1 Refuse Containers. Containers on residential properties shall be placed
in such a manner as to be out of view from the street in front of the premises or in
a garage located on the premises. Containers on non-residential properties shall be
fully screened from all lot lines as provided by Section 850 of this Code. In no
event shall containers be placed next to the street or curb or be placed or
maintained in such a way as to unreasonably interfere with the use of adjoining
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property. Containers kept outside shall be placed and kept in such a manner as not
to permit entry of or harborage for animals, insects or other vermin.
Subd. 2 Grass Clippings and Leaves. Grass clippings and leaves may be placed
next to the street or curb adjoining residential properties for pick-up provided that
such grass clippings and leaves so placed shall be (i) stored within a bag designed
for such purpose, and (ii) placed at the curb no more than 12 hours prior to the
scheduled pickup.
705.05 Frequency and Manner of Collection. The contents of the containers shall be
collected once every week, by a collector duly licensed by the City, or more frequently if
required by the provisions of any other section of this Code. Provided, however, occupants
of a dwelling unit in the R-1 District or R-2 District, as established by Section 850 of this
Code, who generate 30 gallons or less of refuse weekly may arrange for collection not less
often than once every 14 days. The collector shall transfer the contents of the containers
to the collector's vehicle without spilling, or if any spilling occurs, the collector shall clean
it up completely. Upon each collection, the containers shall be completely emptied and
returned to the location where kept, and the lids of the containers shall be replaced.
705.06 Defective Containers. Whenever a container is in poor repair, is corroded or
otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet
any other requirement of this Section, the collector shall notify the owner or manager of
the premises of the deficiency. The notice shall describe the deficiency and shall require
repair or replacement. Upon the next collection, if the deficiency has not been corrected,
the collector shall notify the Sanitarian. The Sanitarian shall then inspect said container
and, if found deficient, condemn the same. The collector shall not collect the contents of
any container marked as condemned.
705.07 Abatement of Nuisance. Any accumulation of refuse not placed in containers is
declared to be a nuisance. Any accumulation of refuse placed in containers but not
removed from the premises within the time period provided in Subsection 705.05 is
declared to be a nuisance. Nuisances shall be abated by order of the Sanitarian as provided
by M.S. 145A.04, Subd. 8 and the cost of abatement may be charged and assessed against
the property where the nuisance was found pursuant to Section 1200 of this Code.
705.08 Composting. Notwithstanding other provisions of this Section, compostable
materials may be stored on a residential lot subject to the following requirements:
Subd. 1 Containers. Compostable materials shall be placed within a container of
durable material including but not limited to wire fencing, rot resistant wood,
concrete block or brick, or a commercially manufactured container designed for
composting. Containers shall be maintained in sound condition and shall be capable
of securing all compostable material.
Subd. 2 Location of Containers. Compost containers shall not be located within
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the front yard as defined in Section 850 of this Code and shall not be located within
five feet of a side or rear lot line. Compost containers shall not be located within
20 feet of a principal use building other than the principal use building owned by
the owner of the compost container.
Subd. 3 Maximum Size. A compost container shall not exceed 30 square feet in
area on lots with a lot area less than 9000 square feet and shall not exceed 50
square feet in area on lots with a lot area of 9000 square feet or more. The height
of the container and the compostable material stored in the container shall not
exceed four feet.
Subd. 4 Maintenance. Compost containers and compostable materials shall be
maintained so as not to create odors, rodent harborage or a fire hazard.
Subd. 5 Abatement of Nuisance. Compost containers or compostable materials
which are not in compliance with this Subsection are declared to be a nuisance
which shall be abated as provided in Subsection 705.07.
705.09 Organized Collection. The City may organize the collection of refuse pursuant
to the procedures established by M.S. 115A.94.
705.10 Collection of Recyclables; Districts. The Council, by resolution, may establish the
entire City as a district for the collection of recyclables as defined in Section 715 of this
Code, or may establish more than one such district within the City. The Council also, by
resolution, may designate one or more collectors in each such district for collection of
recyclables in that district on terms and conditions to be agreed upon by each such
collector and to be approved by resolution of the Council.
History. Ord 711 codified 1970; amended by Ord 711 Al, Ord 711-A2, 7-28-7(; Ord 711-A3,
3-7-84, Ord 711-A4 9-2-87, Ord 711-A5 5-25-88, Ord 711-A6 6-14-89
Reference. M.S. 115A.94, 145A.04
Cross Reference. Sections 715, 850
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Section 710 - Private Sewage Disposal Systems
710.01 Definitions. Unless the context clearly indicates otherwise, the following terms
have the meanings given in this Subsection.
Flush Toilet. A closet or plumbing receptacle containing a portion of water which
receives human excreta and so designed as by means of a flush of water to
discharge the contents of the receptacle to an outlet connection.
Habitable Building. Any structure where persons reside, are employed, or
congregate.
Other Toilet Devices. Privies, septic toilets, chemical closets, and such other devices
used for the disposal of human excreta.
Portable Toilet Device. Any non-flush toilet device which is enclosed, is designed
for receipt and storage of human excrement, is capable of being transported for
temporary use and is constructed to provide for removal of the stored excrement in
a clean and sanitary manner.
Private Sewage Disposal System. Any privy, cesspool, dry well, toilet, seepage pit,
sewer pipe, septic tank, subsurface disposal system, or any similar contrivance used
in the disposal of sewage whether specifically named in this Section or not. Private
sewage disposal systems include individual sewage treatment systems as defined by
the Minnesota Pollution Control Agency.
710.02 Faulty Condition of Private Sewage Disposal System It shall be unlawful for
any person to occupy or permit to be occupied any habitable building where effluent from
a private sewage disposal system does not drain completely out of such habitable building
or drains on or through the surface of the ground, or into any ditch, storm sewer, lake or
stream.
710.03 MPCA Standards Adopted. The standards for private sewage disposal systems
issued by the Minnesota Pollution Control Agency and published in Minnesota Rules, 1991,
Chapter 7080, are adopted and incorporated in this Code by reference.
710.04 Requirements for Private Sewage Disposal Systems; Permit and Fee.
Subd. 1 Connection. All flush toilets, lavatories, sinks, bathtubs, showers,
laundry drains and any other similar fixtures constructed to be used to receive or
conduct water-carried sewage, if not required to be connected to the City sewer
system in accordance with Section 445 of this Code, shall be connected to a septic
tank of a type approved by the Sanitarian, and finally disposed of in a manner
approved by this Section.
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Subd. 2 Location of Septic Tanks. No septic tank shall be located where it is
inaccessible for cleaning or inspection purposes. No septic tank, tile field, or any
part of a septic tank or the field may be located on any property other than that of
the habitable building which it serves.
Subd. 3 Permit and Approval of Plans. Any person who shall construct,
reconstruct, or replace any private sewage disposal system shall first obtain a
written permit and approval of plans and specifications from the Sanitarian and pay
a fee in the amount set forth in Section 185 of this Code. The application for the
permit shall be made on forms provided by the Sanitarian. The private sewage
disposal system shall be constructed in accordance with the approved plans and
specifications, which shall comply with the requirements of Subsections 710.03,
710.04 and 710.05.
710.05 Prohibited Devices; Abandonment or Connection to Municipal Sewer System.
Subd. 1 Other Toilet Devices. No 'other toilet devices"as defined in Subsection
710.01 may be erected, used or maintained within the City. They shall be removed
upon written demand of the City given to the owner of the property as determined
by the records of the City. If not promptly removed after such demand is made they
shall be declared to be a nuisance and may be abated and the costs charged to the
property where located pursuant to Subsection 705.07 of this Code. Portable toilet
devices operated and maintained by a scavenger licensed pursuant to Section 1305
of this Code are permitted for use at construction sites, during sporting events and
during fairs, carnivals and other civic activities.
Subd. 2 Abandonment or Connection. Whenever the use of any private sewage
disposal system is abandoned, or whenever any building is connected to the
municipal sewer system, the private sewage disposal system shall be pumped and
filled with earth material approved by the Sanitarian at the time of connection or
immediately upon abandonment. If not so pumped and filled, such system is
declared to be a nuisance and may be abated and the cost charged and assessed
against the property where the system is located, all pursuant to Subsection 705.07
of this Code.
Subd. 3 Private Sewage Pumping Schedule. Each private sewage disposal
system remaining active on any property shall be pumped at least once every two
years and inspected by a licensed scavenger and such pumping shall be recorded on
a form provided by the City and delivered to the City within ten days after such
pumping and inspection. The pumping and inspection shall be undertaken pursuant
to a permit duly issued in accordance with Subsection 1305.09 of this Code. The
Sanitarian may vary the above-described pumping and inspection requirement only
after facts have been presented to the Sanitarian sufficient, in the determination of
the Sanitarian, to conclude, in the Sanitarian's sole discretion, that a less frequent
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pumping schedule will not damage or adversely affect the absorbency of the drain
field or otherwise adversely affect the public health, safety or welfare.
History: Ord 712 codified 1970; amended by Ord 712 AI 5-13-81
Cross Reference. Sections 185, 445, 1305; Subsections 705.07, 1305.09
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Section 715 - Mandatory Separation and Storage of Recyclables
715.01 Purpose. The purpose of this Section is to require mandatory separation of
recyclables to aid and promote collection and disposal by means other than deposit in a
sanitary landfill or by burning.
715.02 Definitions. Unless the context clearly indicates otherwise, the following terms
shall have the meanings given in this Subsection.
Dwellings. Those dwellings described at (i), (ii) and (iii) of the definition of
Premises in this Subsection.
Premises. (i) All single family dwellings now or hereafter located in the Single
Dwelling Unit District (R-1), (ii) all double dwellings now or hereafter located in
the Double Dwelling Unit'District (R-2), (iii) all dwelling units in a building in a
Planned Residence District (PRD or PSR) or Mixed Development District except,
however, those in a building in the PRD-5 subdistrict, (iv) all buildings in a PRD-5
subdistrict, (v) all buildings or parts of buildings now or hereafter owned by or
leased to the City and located in the City, except, however, park shelters or park
toilet buildings, and (vi) all buildings or parts of buildings now or hereafter owned
by or leased to the School District and located within the City. The location of a
dwelling or a building in any zoning district and definitions of terms used in this
Subdivision shall be as set forth in Section 850 of this Code.
Recyclables. Newsprint, corrugated paper,glass containers, aluminum foil and cans,
tin cans, steel cans, bi-metal cans and plastic bottles reasonably free of food, dirt
and other contaminants. Also included as a recyclable is any other material that the
City may hereafter be required to collect as a recyclable by the County. For
purposes of this Section, recyclables shall not be refuse, as defined in Section 705
of this Code.
Resident. (i) Every person who is an owner or occupant of a dwelling, (ii) the City
as to the buildings or parts of the building described at (v) of the definition of
Premises in this Subsection, and (iii) the School District as to buildings or parts
described at (vi) of the definition of Premises i!l this Subsection.
School District. Independent School District No. 273.
715.03 Separation and Storage of Recyclables.
Subd. 1 Responsibility of Separating Recyclables. Every resident of every
premises except the premises described at (iv) of the definition of Premises in
Subsection 715.02 shall separate the recyclables from their respective premises from
all other refuse, as defined in Section 705 of this Code. As to the premises
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described at (iv) of the definition of Premises in Subsection 715.02, it shall be the
obligation and responsibility of the manager or owner of such premises, and not of
the individual occupants, to separate recyclables as required by this Subdivision.
Subd. 2 Containers for Recyclables. Containers for storage of recyclables shall be
kept in the same location as is designated by Section 705 of this Code for refuse
containers. Residents of those dwellings described at (i) and (ii) of the definition
of Premises in Subsection 715.02, residents of townhouses as defined in Section 850
of this Code, and residents of dwelling units in buildings with eight units or less (in
this Code called "multi-unit buildings"), not earlier than 12 hours prior to the day
scheduled for collection of their recyclables, shall place the container holding the
recyclables at a place adjacent to the dwelling or multi-unit building or garage
accessory to the dwelling or multi-unit building and visible from the street in front
of the dwelling or multi-unit building, or at the alley if the dwelling or multi-unit
building has refuse collection service at the alley. After the scheduled collection, the
containers and any recyclables or material not collected shall be returned by the
resident of such dwelling to the same location designated for storage by this
Subsection.
Subd. 3 Storage of Recyclables. Recyclables shall be stored in containers
designed for the storage of recyclables. The contents of such containers shall be
regularly collected and disposed of in accordance with Subsections 715.04 and
715.05. The containers and surrounding area shall be maintained in such condition
and manner so as to prevent rodent and insect harborage. Any accumulation of
recyclables not maintained as provided in this Subsection is declared to be a
nuisance and shall be abated and costs charged to the property in which the
nuisance is located in accordance with Subsection 705.07 of this Code.
715.04 Collection of Recyclables.
Subd. 1 Selecting and Paying Hauler. Collection of recyclables from premises
shall be by a hauler selected and paid by a resident of the premises or by a manager
of the premises or by an association governing the premises, but which hauler is
then duly licensed by the City under Section 1300 and other applicable provisions
of this Code. The collection shall be done in compliance with all applicable
provisions of this Code.
Subd. 2 City Contract with Hauler. The foregoing provisions of Subd. 1 of this
Subsection notwithstanding, the City, at any time and from time to time, may
contract with a hauler for collection of recyclables from some or all premises. If the
City so contracts, the recyclables shall be collected from the premises covered by
such contract by the hauler under contract with the City and on terms and
conditions set out in such contract.
Subd. 3 Disposal by Resident. Neither the provisions of Subd. 1 or Subd. 2 of
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City of Edina Health 715.07
this Subsection, or any other provisions of this Section, shall prevent any resident
from disposing of such resident's recyclables without the use of a paid hauler or the
City collector, but such resident shall comply with the provisions of Subsection
715.05.
Subd. 4 Reporting Recyclables. The manager or governing association of
premises as defined at (iii) and (iv) of the definition of Premises in Subsection
715.02, shall report to the Manager, upon written request from time to time made
by the Manager or Manager's designee, and on forms prescribed by the Manager or
Manager's designee, such information relative to the program for separation, storage
and collection of recyclables then in effect for such premises as the Manager or
Manager's designee, shall request.
715.05 Disposal of Recyclables. Recyclables collected from premises shall not, in any
event, (i) be deposited in any landfill, (ii) be burned in any incinerator, or (iii) be
deposited or distributed in any way or manner which is contrary to then applicable
provisions of this Code or State law. Provided, however, that the restrictions at (i) and (ii)
above shall not apply to recyclables which are deposited in a landfill or burned pursuant
to specific prior written approval granted by the County and consented to, in writing, by
the City. Residents shall take such action as is reasonable under the circumstances to
determine that recyclables are not disposed of contrary to the provisions of this Subsection.
715.06 Reports to City. As and when requested by the City, the City and School District
shall require the haulers of their respective recyclables, who are not under contract with
the City, to keep complete and accurate records of the total tons of recyclables collected
each month from their respective premises, together with the actual weight or percentage
of the total that each recyclable material represents, and the markets used for the sale of
and primary purchasers of such recyclables. The records shall be sent to the City upon
request. The City and School District shall also require their haulers, who are not under
contract with the City, to prepare and submit to the City, at the request of the City, any
other reports, data and information relative to the separation, collection and disposal of
recyclables as may be required by provisions of this Code or State law as applicable, or
which may be requested of the City by the County. All such records, reports, data and
information, once received by the City, shall become the property of the City to be used
as it shall determine without obligation to any person.
715.07 Controlling Effect. The provisions of this Section shall control over any contrary
or inconsistent provisions of Section 705 of this Code.
History. Ord 715 adopted 6-14-89; amended by Ord 715 AI 12-19-90.
Cross Reference: Sections 705, 850, 1300
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City of Edina Health 720.02
Section 720 - Food Establishments and
Food Vending Machines
720.01 Purpose and Objectives 720.16 Disease Prevention and Control;
720.02 Definitions Employee Practices
720.03 Scope 720.17 Equipment and Facilities
720.04 License Administration 720.18 Cleaning, Sanitization and
720.05 Inspection and Correction Storage of Equipment and Utensils
720.06 Plan Review of Future Construction 720.19 Physical Facilities and Sanitation
720.07 Misrepresentation of Food 720.20 Garbage and Refuse Disposal
720.08 Emergency First Aid for Choking 720.21 Insect;Rodent and Animal Control
720.09 Minnesota Clean Indoor Air Act 720.22 Construction and Maintenance of Physical
720.10 Industry Self-Survey and Training Facilities
Responsibility 720.23 Lighting
720.11 Itinerant Food Establishments,Mobile 720.24 Ventilation
Food Services and Pushcarts 72025 Dressing Rooms and Locker Areas
720.12 Food and Food Handling 72026 Poisonous or Toaic Materials
720.13 Food Protection 72027 Premises
720.14 Temperature Maintenance 720.28 Food Vending Machines
720.15 Preparation,Display and Service 72029 Requirements for Itinerant Food
Establishments, Mobile Food Services or
Pushcarts
720.30 State Licensing
720.01 Purpose and Objectives. The purpose of this Section is to establish standards to
protect the health, safety and the general welfare of the public pursuant to powers granted
under M.S. 145A.03 through 145A.08.
The general objectives of this Section include the following:
A. Prevent food-borne illness.
B. Correct and prevent conditions that may adversely affect persons utilizing food
establishments.
C. Provide minimum standards for the design, construction, operation and
maintenance of food establishments.
D. Meet consumer expectations of the quality and safety of food establishments.
720.02 Definitions. The following definitions shall apply in the interpretation and
enforcement of this Section:
Adulterated. Any condition of a food if it bears or contains any poisonous or
deleterious substance for which no safe tolerance has been established or in excess
of such tolerance if one has been established; if it consists in whole or in part of
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any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human
consumption; if it has been processed, prepared, packed, or held under insanitary
conditions, where it may have been rendered injurious to health; if it is in whole or
in part the product of a diseased animal, or an animal which has died otherwise
than by slaughter; or if its container is composed in whole or in part of any
poisonous or deleterious substance which may render the contents injurious to
health.
Approved. Acceptable to the Sanitarian according to applicable standards in this
Section and good public health practices.
Catering Food Establishment. A food establishment where food is prepared and
served on the premises and is delivered for sale or service off the premises.
Catering Food Vehicle. Any food vehicle used to transport any food from its point
of preparation to a point where the food is served from the vehicle to the consumer.
Clean. Free from insects, vermin, and debris and free from physical, chemical, and
microbial substances discernible by ordinary sight or touch, by ultraviolet light, by
artificial light, and by the safranine-o dye test or by microscopic or microbiological
examination.
Closed. Fitted snugly together leaving no openings large enough to permit the
entrance of vermin.
Commissary. A catering establishment, restaurant, or any other place in which food,
containers, or supplies are kept, handled, prepared, packaged, or stored.
Corrosion-resistant Materials. Materials which maintain their original surface
characteristics under prolonged influence of the food to be contacted, the normal
use of cleaning compounds and bactericidal solution, and other conditions-of-use
environment.
Day Care, Limited Food Establishment. Any establishment in a day care or drop in
center in which the food prepared or served on the premises is limited to snacks,
personal bag lunches, milk or juice, and meals catered by another licensed food
establishment.
Easily Cleanable. Surfaces which are readily accessible and made of such materials
and finish and so fabricated that residue may be effectively removed by ordinary
cleaning methods.
Embargo. The withholding of food, equipment, utensils, or clothing from sale or
use in any establishment licensed as a restaurant, boarding house, or place of
refreshment until approval is given by the Sanitarian for such sale or use.
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Employee. Any person who renders personal service,with or without compensation,
within a food establishment.
Equipment. Stoves, ovens, ranges, hoods, slicers, mixers, meatblocks, tables,
counters, refrigerators, freezers, ice machines, sinks, dishwashing machines, steam
tables, fixed and mobile manufacturing, processing, packaging and conveying
equipment, and similar items other than utensils used in the operation of a food or
beverage service establishment.
Food. A raw, cooked, or processed edible substance, ice, beverage, water, or any
ingredient used or intended for use or for sale in whole or in part for human
consumption.
Food-Contact Surface. Surfaces of equipment and utensils with which food normally
comes in contact, and surfaces from which food may drain, drip, or splash back onto
surfaces normally in contact with food.
Food Establishment. Any building, room, stand, enclosure, vehicle, space, area, or
other place where food is stored, prepared, manufactured, processed, wrapped,
canned, packed, bottled, transported, distributed, or served,whether or not the food
is consumed on the premises.
Food Vehicle. Any food establishment consisting of a mobile vehicle which hauls
any food for the purpose of delivery.
Food Vending Machine. Any type of mechanical device which operates by the
insertion of a coin of more than one cent, or of a token, and which delivers or
permits the removal from such machine of any food except ice.
Food Warehouse. Any food establishment in which purchased food is stored but not
offered for retail sale and in which no other food handling activities take place.
Garbage. Any discarded material resulting from the handling, processing, storage,
preparation, serving, and consumption of food.
Hermetically Sealed Container. Any container designed and intended to be secure
against the entry of micro-organisms and to maintain the commercial sterility of its
content after processing.
Home Prepared Food. Any food which has been processed or prepared in a place
other than a licensed food establishment or a food establishment exempt from
licensing requirements of this Section by Subsection 720.03.
Itinerant Food Establishment. A food establishment operating for a temporary
period, including but not limited to a fair, carnival, circus, church supper, or public
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exhibition.
Kitchenware. All multi-use utensils other than tableware.
Misbranding. The use of any written, printed, or graphic matter upon or
accompanying products or containers of food, including signs, or placards, displayed
in relation to such products so dispensed, which is false or misleading, or which
violates any local, State or federal labeling requirements.
Mobile Food Service. Any food service establishment that is a vehicle mounted unit,
either motorized or trailered, and readily movable without disassembling, for
transport to another location and remaining for no more than 14 consecutive days
at any one place.
NSF International. Any standard issued and recommended by the National
Sanitation Foundation International for equipment used in food establishments. The
standards are published by NSF International, 3475 Plymouth Road, P.O. Box
130140, Ann Arbor, Michigan 48113-0140. The standards listed in Subsection
720.17, Subd. 2, paragraph C and Subsection 720.18, Subd. 6, paragraphs D and
E, are incorporated by reference and made a part of this Code and are available
through the Minitex interlibrary loan system. All NSF International standards
referred to in this Code are hereby adopted and incorporated into and made a part
of this Section by reference thereto.
Packaged. Bottled, canned, cartoned, or securely wrapped.
Packaged Food Sales. A food establishment in which the retail sale of prepacked
food products for off-premises preparation or consumption occurs and the primary
business of which food establishment is other than food and food product sales.
Perishable Food. Any food of the type or in the condition that may spoil.
Person in Charge. The individual present in a food service establishment who is the
apparent supervisor of the food service establishment at the time of inspection. If
no individual is the apparent supervisor, then any employee present is the person
in charge.
Potable Water. Water of a quality and from a source of supply and system operated,
located, and constructed in accordance with the State Department of Health rules
relating to public water supplies, water wells, and plumbing installations.
Potentially Hazardous Food. Any food that consists in whole or in part of milk or
milk products, eggs, meat,poultry, fish, shellfish, mollusk, edible crustacea, or other
ingredients, including synthetic ingredients, in a form capable of supporting rapid
and progressive growth of infectious or toxigenic micro-organisms. The term does
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City of Edina Health 720.02
not include foods which have a pH level of 4.6 or below or a water activity (aW)
value of 0.85 or less.
Potentially Hazardous Food Vehicle. Any food vehicle, except a catering food
vehicle, which is used to transport potentially hazardous food as herein defined
within or into the City.
Pre-Packaged Food. Wholesome food packaged in a substantial, clean container or
wrapper in a licensed and inspected food establishment meeting all of the
requirements of this Section.
Pushcart. Any non-selfpropelled vehicle limited to serving nonpotentially hazardous
foods or commissary-wrapped food maintained at proper temperatures, or limited
to the preparation and serving of frankfurters and other precooked ready-to-eat link
sausages.
Reconstituted. Dehydrated products recombined with water or other liquids.
Retail Candy Shop. A food establishment where wrapped or unwrapped candy, or
wrapped snacks, are sold or offered for sale to the consumer.
Safe Material. Articles manufactured from or composed of materials that may not
reasonably be expected to result, directly or indirectly, in becoming a component or
otherwise affecting the characteristics of any food. If materials used are food
additives or color additives as defined in the Federal Food, Drug and Cosmetics Act,
United States Code, Title 21, Section 321, they are safe only if they are used in
conformity with regulations established pursuant to the Act, as provided by United
States Code, Title 21, Sections 348 or 376. Other materials are safe only if, as
used, they are not food additives or color additives as defined in United States Code,
Title 211, Section 321 and are used in conformity with all applicable regulations of
the United States Food and Drug Administration.
Safe Temperatures. As applied to potentially hazardous food, safe temperatures
mean temperatures of 40 degrees Fahrenheit (four degrees centigrade) or below,
and 150 degrees Fahrenheit (66 degrees centigrade) or above.
Safe Water. Water which is not adulterated and which is free from pathogens and
coliform organisms.
Safe Water Supply. A source of safe water from either the municipal water system
or a source of water, the operation, location and construction of which have been
approved by the Minnesota Department of Health.
Sanitization. The effective bactericidal treatment by a process that provides enough
accumulative heat or concentration of chemicals for enough time to reduce the
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City of Edina Health 720.04
bacterial count, including pathogens, to a safe level on utensils and equipment.
Sealed. Free of cracks or other openings that permit the entry or passage of
moisture.
Single-Service Articles. Cups,containers,lids, closures,plates,knives,forks, spoons,
stirrers,paddles,straws,placemats,napkins,doilies,wrapping materials,toothpicks,
and similar articles intended for one-time, one-person use and then discarded.
Smooth Having an even surface, free of cracks, chips, open seams, rust, corrosion,
breaks, pits, checks, and ridges.
Smooth (With Reference to Equipment and Utensil Surfaces). In addition to the
other definition of"smooth" in this Section, "smooth" (with reference to equipment
and utensil surfaces) means a surface which, in the case of stainless steel, nickel
alloy or other corrosion-resistant metal, has at least a No. 4 mill finish; or, in the
case of cast and forged steel and cast nickel alloy, has a roughness not exceeding
American Standard No. 125; or, in the case of other noncorrosion-resistant alloys,
is at least as smooth as commercial grade rolled steel and is free of loose scale.
Tableware. All multi-use eating and drinking utensils including flatware.
Take-Out Food Service. A food establishment in which food is prepared on the
premises but is sold to be consumed off the premises and which does not allow the
consumption of food on or near the premises.
Utensils. Any kitchenware, tableware, dishes, glassware, cutlery, pots, pans, and
containers used in the storage, preparation, transportation, or service of food.
720.03 Scope. This Section shall be applicable to all food establishments except food
service operations conducted in and for a house of worship when the food service is
primarily limited to preparation, service or consumption by the members of the
congregation of the house of worship or food service operations by the Minnesota
Department of Agriculture pursuant to M.S. 28A.
720.04 License Administration.
Subd. 1 License Required. No person shall operate a food establishment or
operate any of the following types of enterprises within the City without first
obtaining a license of the applicable type described in this Section, pursuant to this
Section:
Catering food establishment license.
Catering food vehicle license.
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City of Edina Health 720.04
Day care, limited food establishment license.
Food establishment license.
Food vehicle license.
Food vending machine license.
Food warehouse license.
Itinerant food establishment license.
Mobile food service license.
Packaged food sales license.
Potentially hazardous food vehicle license:
Pushcart license.
Retail candy shop license.
Take-out food license.
Subd. 2 Special Requirements for Food Vehicles or Potentially Hazardous Food
Vehicles.
A. When five or more food vehicles or potentially hazardous food vehicles
are operated by the same person in the same business in the City the person
may obtain a fleet license in lieu of a separate license for each vehicle. If
such fleet license is suspended or revoked, such suspension or revocation
shall affect every vehicle licensed under the fleet license.
Subd. 3 Application and License Fee.
A. The application for a license under this Section shall be submitted on
forms provided by the Sanitarian. The application shall be accompanied by
the fee in the amount set forth in Section 185 of this Code, provided that
licenses applied for after October 1 may be charged one-half of the full
license fee.
B. An additional fee shall be charged for each additional service or operation
which is separate, distinct or unique from the central or main food
establishment, as determined by the Sanitarian.
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City of Edina Health 720.05
C. The fee for a food establishment license or take out food establishment
license or a catering food establishment license shall be reduced by $50.00
where the owner, the operator, or the manager in charge of daily operations,
is trained and certified by a public or private organization or entity approved
by the Sanitarian in Hazard Analysis and Critical Control Point Menu
Analysis, or similar training approved by the Sanitarian, and such
certification is current at time of issuance of the license and will be valid
during the license term.
Subd. 4 License Procedure and Control. The provisions of Section 160 of this
Code shall apply to all licenses required by this Section and to the holders of such
licenses.
Subd. 5 Term. Licenses issued pursuant to this Section shall expire on March 31
of each calendar year.
720.05 Inspection and Correction.
Subd. 1 Inspection of Food Establishments. The Sanitarian may inspect any food
establishment as frequently as the Sanitarian may deem necessary to ensure
compliance with this Section.
Subd. 2 Report of Inspection. The Sanitarian shall cause a written report of
inspection to be delivered to the holder of the license or to any of the agents or
employees at the licensed premises, either in person or by certified mail. A copy of
the report shall be filed with the City Department of Health.
Subd. 3 Correction of Violations. All owners or operators of food establishments,
having received a report giving notification of one or more violations of this Section,
shall remove or correct the violation so listed within the time limit specified in the
report.
Subd. 4 Inspection; Interference with Sanitarian. The Sanitarian shall, after
proper identification, have the right at all reasonable times to enter upon premises
licensed under this Section and to inspect any food establishment, shop, or vehicle
required to be licensed under this Section. No person shall interfere with or hinder
the Sanitarian in the performance of the Sanitarian's duties, or refuse to permit the
Sanitarian to make such inspection.
Subd. 5 Food Samples. Samples of food may be collected without cost and
examined by the Sanitarian as often as may be necessary for the enforcement of this
Section.
Subd. 6 Embargo. The Sanitarian may embargo and forbid the sale of, or cause
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City of Edina Health 720.06
to be removed or destroyed, any food that is unwholesome or adulterated;prepared,
processed, handled, packaged, transported, or stored in an unwholesome manner;
unfit for human consumption; or otherwise prohibited by law. Equipment and
utensils, which do not meet the requirements of this Section may be embargoed.
Equipment and utensils must be released from the embargo upon notification to the
Sanitarian by the person in charge of modification of the equipment or utensils to
meet the requirements or this Section and after inspection of the utensils and
equipment by the Sanitarian.
Subd. 7 Condemnation. The Sanitarian may condemn and cause to be removed
any food, equipment, clothing, or utensils found in a food establishment, the use of
which would not comply with this Section and also may condemn and cause to be
removed any equipment, clothing or utensils which by reasons of dirt, filth,
extraneous matter, insects, corrosion, open seams, or chipped or cracked surfaces
is unfit for use.
Subd. 8 Tags. The Sanitarian may place a tag to indicate the embargo or the
condemnation upon food, equipment, utensils, or clothing. No person shall remove
the tag except under the direction of the Sanitarian.
Subd. 9 Unhealthful Food Required to be in Garbage Cans. It shall be unlawful
for any person to permit any unwholesome or adulterated food to be or remain in
any food establishment unless such food is placed in a garbage can or garbage
receptacle. The presence of unwholesome or adulterated food in any food
establishment and not in a garbage can or garbage receptacle shall be prima facie
evidence of the intended sale of it as food.
720.06 Plan Review of Future Construction.
Subd. 1 Plan Review Required. Whenever a food or beverage service establishment
is to be newly constructed, enlarged, repaired, renovated or extensively remodeled,
and whenever an existing structure is to be converted to use as a food or beverage
service establishment, properly prepared plans and specifications for the
construction, remodeling, or conversion must be submitted to the Sanitarian for
review and approval before construction, remodeling, or conversion is begun. The
plans and specifications must indicate the proposed layout, arrangement, plumbing
specifications, construction materials of work areas, and the type and model number
of proposed equipment and facilities. The plans and specification, submitted in
duplicate and drawn to scale, must be legible and complete in all details.
Subd. 2 Issuance of Permit, Construction, Inspection. The Building Official shall
not issue a building permit for a food establishment or remodeling or alteration
permit for such establishment until such plans have the approval of the Sanitarian.
All work must be performed in substantial conformance with the approved plans.
The Sanitarian shall inspect the food or beverage service establishment before the
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City of Edina Health 720.09
start of operation to determine compliance with the approved plans and
specifications.
Subd. 3 Equipment. All equipment installed by any person shall comply with
Subsection 720.17. All equipment shall be subject to final on-site approval.
Preliminary equipment approval may be granted if inspected off-site. Equipment not
approved by the Sanitarian upon final inspection must be removed within 48 hours
unless additional time is granted in writing.
Subd. 4 Conditional Approval. At the time of issuance of a building permit, the
Sanitarian may place limitations on the approval in the form of notations on the
plan or by letter or any other written communication, due to lack of information or
required changes. The applicant may proceed with such construction, remodeling,
alteration or equipment installation and replacement, provided that the applicant or
other person shall not violate the conditions contained within the written
limitations. Failure to observe the conditions of any written limitations shall be a
violation of this Section.
Subd. 5 Plan Review Fee. A food establishment that submits plans for new
construction or for addition to, remodeling, repair or renovation of its premises shall
be charged a food establishment plan review fee in the amount set forth in Section
185 of this Code.
720.07 Misrepresentation of Food. The person in charge of any food or beverage service
establishment shall not in any way misrepresent food or beverages offered to the public.
Practices which constitute misrepresentation include:
A. The sale of adulterated food;
B. The substitution of food items of lesser quality, or food different from items as
advertised;
C. Making statements giving incorrect or deceptive points of origin;
D. Making misleading statements of size, number, weight, or price; and
E. Not meeting standards of identity prescribed by law for certain foods.
720.08 Emergency First Aid for Choking. A food service establishment which is not an
itinerant food establishment, mobile food service, or pushcart must post a chart, approved
by the Sanitarian, illustrating the use of an emergency first aid procedure to relieve a
patron with a restricted airway. The illustration must be posted in an area where all
employees may easily see it.
720.09 Minnesota Clean Indoor Air Act. The person in charge of a food or beverage
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City of Edina Health 720.12
service establishment shall make adequate provisions to meet the requirements of the
Minnesota Clean Indoor Air Act. (M.S. 144.411 through 144.417)
720.10 Industry Self-Survey and Training Responsibility. Every food establishment shall
arrange for and maintain a program of sanitation self-inspection conducted by the owner,
manager, sanitation supervisor, or designated agent. The Sanitarian may require a food
establishment to maintain in employment an owner, manager, sanitation supervisor or
designated agent approved by the Sanitarian who can demonstrate knowledge and
proficiency in the prevention of food-borne illness and approved food sanitation practices
and techniques. Such knowledge and proficiency may be demonstrated by maintaining
written policies or guidelines for food preparation and equipment or utensil cleansing or
such other means as approved by the Sanitarian.
720.11 Itinerant Food Establishments, Mobile Food Services and Pushcarts. Itinerant
food establishments and mobile food services and pushcarts must comply with all
provisions of this Section which are applicable to their operation. The establishments and
units must be operated in an approved manner. If necessary to protect public health, the
Sanitarian shall impose additional requirements to protect against health hazards related
to the conduct of their operation and shall prohibit the sale or giveaway of some or all
potentially hazardous foods. When no health hazard is likely to result, the Sanitarian may
modify specific requirements for physical facilities.
720.12 Food and Food Handling.
Subd. 1 Food Sources and Supplies. Food must be free from spoilage, filth, or
other contamination and must be safe for human consumption. Food must be
obtained from sources that comply with laws relating to food and food labeling and
approved by the Sanitarian. The use, storage, or serving of food in hermetically
sealed containers not prepared in a food processing plant licensed by the United
States Department of Agriculture, Food and Drug Administration, or Minnesota
Department of Agriculture, and other food not prepared in a licensed food
establishment is prohibited.
Subd. 2 Special Requirements. Fluid milk and fluid milk products used or served
must be pasteurized and must meet the Grade A quality standards in M.S. 32. Fluid
milk and fluid milk products must be served to the consumer in individual,
unopened,commercially filled original containers not exceeding one pint in capacity,
or drawn from a commercially filled container stored in a mechanically refrigerated
bulk milk dispenser. Where a bulk dispenser for milk and milk products is not
available and portions of less than one-half pint are required for mixed drinks,
cereal, or dessert service, milk and milk products may be poured from a
commercially filled container of not more than one-half gallon capacity. Nondairy
creaming or whitening agents must be provided in an individual service container
or drawn from a refrigerated dispenser designed for such service. Dry milk, dry milk
products, and nondairy product substitutes may be used in instant dessert and
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City of Edina Health 720.12
whipped products or for cooking, baking, manufacturing, and processing purposes
only.
Subd. 3 Variance for Certain Establishments. A variance covering dispensing of
milk or milk products to the consumer in food services such as day care centers,
boarding and lodging houses, and children's camps may be granted by the Sanitarian
to permit milk to be poured from a commercially filled container of not more than
one gallon capacity into the drinking vessel.
Subd. 4 Frozen Foods. All frozen dairy foods such as ice cream, frozen custards,
ice milk, milk sherbet, fruit or ice sherbet, yogurt, and frozen malted milk must
meet requirements in M.S. 32.
Subd. 5 Shellfish. Fresh and frozen shucked shellfish, including oysters, clams,
or mussels, must be packed in nonreturnable packages identified with the name and
address of the original shell stock processor, shucker-packer, or repacker, and the
interstate certification number issued according to United States Code, Title 42,
Section 243, and Code of Federal Regulations, Title 21, Section 1240.60. Shell
stock and shucked shellfish must be kept in the container in which they were
received until they are used. Each container of unshucked shell stock, including
oysters, clams, or mussels, must be identified by an attached tab that states the
name and address of the original shell stock processor, the kind and quality of shell
stock, and an interstate certification number issued by the state or foreign shellfish
control agency.
Subd. 6 Meat. All meat and meat products received, kept, or used in any manner
in a food establishment must be officially identified as having been inspected by the
United States Department of Agriculture in accordance with the Federal Meat
Inspection Act, United States Code, Title 21, Sections 601 to 691. Products upon
which any official identification is lost by reason of processing must be identified
by the name and location of the processor.
Subd. 7 Poultry. All poultry and poultry meat products must be clean,
wholesome, free from spoilage and adulteration and must be processed ina food
establishment meeting the requirements established in the Poultry and Poultry
Products Inspection Act, United States Code, Title 21, Sections 451 to 469. Only
clean whole eggs, with shell intact and without cracks or checks, or pasteurized
liquid, frozen, or dry eggs or pasteurized dry egg products must be used, except that
hard-boiled, peeled eggs, commercially prepared and packaged may be used. Liquid,
frozen, and dry eggs and egg products may be used only for cooking, baking,
manufacturing, and processing purposes.
Subd. 8 Lubricants. Only food grade lubricants of a safe material must be used
on equipment designed to receive lubrication of bearings and gears on or within
food-contact surfaces.
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City of Edina Health 720.14
720.13 Food Protection.
Subd. 1 General Requirements. Food must be protected from potential
contamination including:
A. Dusts, insects, rodents, and other vermin;
B. Unclean equipment, work surfaces, utensils, and facilities;
C. Unnecessary or improper handling;
D. Coughs and sneezes;
E. Flooding, drainage, and overhead leakage or drippage; and
F. Utensils or equipment which have not been given bactericidal treatment.
Adequate and approved protection of all food must be provided after delivery and
while being stored, prepared, displayed, served, or sold in food establishments or
transported between establishments.
Subd. 2 Emergency Occurrences. In the event of a fire, flood, power outage, or
other event that might result in the contamination of food, or that might prevent
potentially hazardous food from being held at required temperatures, the person in
charge shall immediately contact the Sanitarian. Upon receiving notice of this
occurrence, the Sanitarian shall take action that is necessary to protect the public
health.
720.14 Temperature Maintenance.
Subd. 1 Potentially Hazardous Foods. The internal temperature of all potentially
hazardous foods must be maintained at 40 degrees Fahrenheit (four degrees
centigrade) or below, or 150 degrees Fahrenheit (66 degrees centigrade) or above,
except during preparation. Potentially hazardous foods requiring refrigeration after
preparation must be rapidly cooled to an internal temperature of 40 degrees
Fahrenheit (four degrees centigrade) or below within four hours after removal from
the heating or hot holding device. Frozen food must be kept frozen and should be
stored at an internal temperature of zero degrees Fahrenheit (minus 18 degrees
centigrade) or below.
Subd. 2 Storage Facilities. Adequate,properly designed,and conveniently located
mechanical refrigeration or hot food storage facilities must be provided to ensure
the maintenance of potentially hazardous food at required temperatures. Each
storage facility must be provided with a numerically scaled thermometer accurate
to plus or minus three degrees Fahrenheit (plus or minus two degrees centigrade)
720 - 13
City of Edina Health 720.14
located to measure the air temperature in the warmest part of the refrigeration
facility or the coldest part of the hot holding facility. Thermometer must be
securely fastened and located to be easily readable. Where it is impractical to install
a fixed thermometer on equipment such as cold table tops, steam tables, processing
lines, kettles, heat lamps, or portable transport carriers, a product thermometer of
metal stem type construction, numerically scaled, and accurate to plus or minus two
degrees Fahrenheit (plus or minus one degree centigrade) must be provided and
used to check internal food temperatures.
Subd. 3 Poultry. Poultry, poultry stuffings, stuffed meats, and stuffings
containing meat must be cooked to heat all parts of the food to at least 165 degrees
Fahrenheit (74 degrees centigrade) with no interruption of the cooking process.
Subd. 4 Pork Pork and any food containing pork must be cooked to heat all
parts of the food to at least 150 degrees Fahrenheit (66 degrees centigrade), or, if
cooked in a microwave oven, to at least 170 degrees Fahrenheit (77 degrees
centigrade).
Subd. 5 Beef Roasts. Beef roasts must be cooked according to the following
requirements:
A. When beef roasts under ten pounds (five kilograms) in weight are cooked
in a still dry heat oven, the oven must be preheated to and held at an air
temperature of at least 350 degrees Fahrenheit (177 degrees centigrade)
throughout the process. If cooked in a convection oven, the oven must be
preheated to and held at an air temperature of at least 325 degrees
Fahrenheit (163 degrees centigrade) throughout the process.
B. When beef roasts of ten pounds (five kilograms) or over in weight are
cooked in a still dry heat oven, the oven must be preheated to and held at
an air temperature of at least 250 degrees Fahrenheit (122 degrees
centigrade) throughout the process.
C. In order to meet public health requirements for the processes in items A
and B, the following table lists the minimum internal temperature of the beef
roast for the minimum time the roast needs to be held at such temperature:
MINIMUM HOLDING TIMES FOR BEEF ROASTS
AT VARIOUS INTERNAL TEMPERATURES
Minimum Minimum
internal holding
temperature time
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City of Edina Health 720.14
Degrees Degrees
Fahrenheit Centigrade Minutes
130 54.4 121
131 55.0 97
132 55.6 77
133 56.1 62
134 56.7 47
135 57.2 37
136 57.8 32
137 58.4 24
138 58.9 19
139 59.5 15
140 60.0 12
141 60.6 10
142 61.1 8
143 61.7 6
144 62.2 5
D. If cooked in a microwave oven, beef roasts must be cooked to an internal
temperature of at least 145 degrees Fahrenheit (63 degrees centigrade).
Subd. 6 Reheating. Potentially hazardous foods that have been cooked and then
refrigerated, if reheated, must be heated rapidly throughout to 165 degrees
Fahrenheit (74 degrees centigrade) or higher before being served or before being
placed in a hot food storage facility. Steam tables, bainmaries,warmers, and similar
hot food holding facilities are prohibited for the rapid reheating of potentially
hazardous foods.
Subd. 7 Thawing Potentially Hazardous Foods. Potentially hazardous foods must
be thawed in one of the following ways:
A. In refrigerated units at a temperature not to exceed 40 degrees
Fahrenheit (four degrees centigrade);
B. Under potable running water of a temperature of 70 degrees Fahrenheit
(21 degrees centigrade) or below, with sufficient water velocity to agitate
and float off loose food particles directly to the drain;
C. In a microwave oven only when the food will be immediately transferred
to conventional cooking facilities as part of a continuous cooking process or
when the entire, uninterrupted cooking process takes place in the microwave
oven; or
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City of Edina Health 720.15
D. As part of the conventional cooking process.
720.15 Preparation, Display, and Service.
Subd. 1 Minimum Manual Contact. Food must be prepared or processed with the
least possible manual contact and in a manner that prevents cross-contamination of
products. Only suitable utensils or equipment which have been cleaned, rinsed, and
sanitized before use to prevent cross-contamination, must be used in food
preparation.
Subd. 2 Raw Fruits and Vegetables.Raw fruits and vegetables must be thoroughly
washed with potable water before being cooked or served. Separate sinks or vats
shall be provided for this purpose.
Subd. 3 Re-Service. Once food has been served to a consumer, it must not be
served again, except that packaged food, other than potentially hazardous food, that
is still packaged and is in sound condition may be re-served.
Subd. 4 Shellfish. Mollusks and crustacea, if served on the shell, must be served
in the original shell. Reuse of shells for food service is prohibited.
Subd. 5 Condiment Dispensing. Condiments, seasonings, and dressings for self-
service use must be provided in individual packages, from dispensers, or from
approved containers. Condiments provided for table or counter service must be
individually portioned, except that catsup and other sauces may be served in the
original container or pour-type dispenser. Sugar for consumer use must be provided
in individual packages or in pour-type dispensers.
Subd. 6 Dispensing Utensils. To avoid unnecessary manual contact with food,
suitable dispensing utensils or equipment must be used by employees or provided
to consumers who serve themselves. Between uses during service, dispensing
utensils must be:
A. Stored in the food with the dispensing utensil handle extended out of the
food; or
B. Stored clean and dry; or
C. Stored in running water; or
D. Stored either in a running water dipper well, or stored clean and dry in
the case of dispensing utensils and malt collars used in preparing frozen
desserts.
Subd. 7 Display Equipment. Food on display must be protected from consumer
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City of Edina Health 720.15
contamination by the use of packaging or by the use of easily cleanable counter,
serving line or salad bar food shields, display cases, or by other effective means.
Adequate and sufficient hot or cold food equipment must be available to maintain
the required temperature of potentially hazardous food on display.
Subd. 8 Reuse of Tableware. Reuse of soiled tableware and single-service articles
by self-service consumers returning to the service area for additional food must be
prohibited. Beverage cups and glasses are exempt from this requirement.
Subd. 9 Food Transportation. The requirements of temperature,storage,display,
and those imposed for the protection of food against contamination, as contained
in this Section, must also apply in the transporting of food from one food
establishment or other location to another food establishment or other location for
delivery, service, or catering operations.
Subd. 10 Storage. Food, whether raw or prepared, if removed from the container
or package in which it was obtained, must be stored in a clean, covered container.
The container need not be covered during necessary periods of preparation or
service. Container covers must be impervious and nonabsorbent, except that clean
linens or napkins may be used for lining or covering bread or roll serving
containers. Solid cuts of meat must be protected by being covered in storage,
except that sides, quarters, or primal cuts of meat may be hung uncovered on clean
hooks if no food product is stored beneath the meat.
Subd. 11 Containers. Containers of food must be stored a minimum of six inches
above the floor in a manner that protects the food from splash and other
contamination, and that permits easy cleaning of the storage area. Containers may
be stored on dollies, racks, or pallets, provided the equipment is easily movable and
constructed to allow for easy cleaning. Food and containers of food must not be
stored under exposed or unprotected sewer lines or similar sources of potential
contamination. The storage of food in toilet rooms or vestibules is prohibited.
Subd. 12 Cross-Contamination. Food not subject to further washing or cooking
before serving must be processed and stored in a way that protects it against cross-
contamination from food requiring washing or cooking. Raw fruit and vegetables
shall not be washed in sinks used for equipment washing.
Subd. 13 Packaged Food. Packaged food must not be stored in contact with water
or undrained ice. Wrapped sandwiches must not be stored in direct contact with
ice. Ice intended for human consumption must not be used for cooling stored food,
food containers, or food utensils.
Subd. 14 Bulk. Bulk foods such as cooking oil,legumes, tubers, grains, syrup, salt,
sugar, or flour and related derivative products not stored in the product container
or package in which it was obtained, must be stored in a container identifying the
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City of Edina Health 720.16
food by common name.
Subd. 15 Ice Dispensing. All ice must be manufactured only from potable water.
Ice must be handled and transported in single-service containers, or in utensils
which have been subjected to bactericidal treatment. Buckets, scoops, and ice
containers, unless they are single-service utensils, must be made of a smooth,
impervious material and designed to facilitate cleaning. They must be clean at all
times. Canvas containers must not be used. If ice-crushers are used, they must be
easily cleanable, must be maintained in a clean condition, must be subject to
bactericidal treatment and must be covered when not in use. Ice for consumer use
must be dispensed with scoops or tongs from a properly protected storage device,
or other ice self-dispensing utensils, through automatic single-service ice dispensing
equipment, or be prepacked and portion controlled. Ice dispensing utensils must be
stored on a clean surface or in the ice with the handle of the dispensing utensil
extended out of the ice. Between uses, ice transfer receptacles must be stored in a
way that protects them from contamination.
720.16 Disease Prevention and Control; Employee Practices.
Subd. 1 Prohibited Persons. No person shall work in a food establishment in any
capacity in which there is a likelihood of the person contaminating food or food-
contact surfaces with pathogenic organisms or transmitting disease to other persons
while:
A. Infected with a disease in a communicable form that can be transmitted
by foods;
B. While being a carrier of organisms that cause such a disease; or
C. While afflicted with a boil, an infected wound, or an acute respiratory
infection.
Subd. 2 Procedure when Infection is Suspected. When the Sanitarian has
reasonable cause to suspect the possibility of disease transmission from a food-
service establishment employee, the Sanitarian shall secure an illness or morbidity
history of the suspected employee or make such other investigation as may be
indicated and take appropriate action. The Sanitarian may require any or all of the
following measures:
A. The immediate exclusion of the employee from all food service
establishments;
B. The immediate closure of the food service establishment concerned until,
in the opinion of the Sanitarian, no further danger of disease outbreak exists;
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City of Edina Health 720.16
C. Restriction of the suspected employee's services to an area of the
establishment where there would be no danger of transmitting disease; and
D. Adequate medical and laboratory examinations of the suspected
employee, or other employees, and any bodily discharges.
Subd. 3 Clothing. Employees shall wear clean outer garments used only for duty
in the food establishment. Hairnets, headbands, caps, or other hair restraints must
be worn to prevent the contamination of food, utensils, and equipment. Hair spray
is not an acceptable hair restraint.
Subd. 4 Employee Practices. Employees shall comply with the following
requirements:
A. All employees shall thoroughly wash their hands and the exposed
portions of their arms with soap and warm water in an approved
handwashing facility before starting work, during work as often as is
necessary to keep them clean, and after smoking, eating, drinking or using
the toilet. Employees shall keep their fingernails clean and trimmed, shall
maintain a high degree of personal cleanliness, and conform to hygienic
practices during all periods of duty.
B. Employees must not use tobacco in any form while on duty to handle,
prepare, or serve food, or clean utensils and equipment in a food
establishment. Employees may use tobacco only in designated locations
approved by the Sanitarian.
C. All employees may consume food only in designated dining areas. An
employee dining area must not be designated if consuming food in that
location could cause contamination of other food, equipment, utensils, or
other items needing protection.
D. Employees shall handle soiled equipment or utensils in a manner that
minimizes contamination of their hands.
E. No person shall perform any act or engage in any practice which may
contaminate food, equipment or utensils. Clean spoons, knives and forks
shall be picked up or touched only by their handles. Clean cups, glasses, and
bowls, shall be handled without fingers or thumbs contacting the inside
surfaces or surfaces which come into contact with the mouth. A spoon or
other utensil, once used for tasting of foods, shall be cleaned and subjected
to bactericidal treatment prior to re-use for any purpose. No person shall
remove soiled dishes by placing fingers in glasses or cups, or by picking up
utensils by soiled surfaces instead of handles. No person shall scratch the
head, pinch face pimples, pick the nose, mouth the fingers or pencil, sneeze
720 - 19
City of Edina Health 720.17
or cough without washing the hands immediately afterwards and before
continuing or returning to work.
720.17 Equipment and Facilities.
Subd. 1 General. A food establishment must have equipment, applicable to the
operation conducted, which is designed, constructed, installed, located, and
maintained according to this Subsection.
Subd. 2 Sanitary Design, Construction, and Installation of Equipment and
Utensils.
A. All new and replacement equipment and utensils must be of such
material, workmanship, and design as to be smooth, easily cleanable,
resistant to wear, denting, buckling, pitting, chipping, and crazing; and
capable of withstanding scrubbing, scouring, repeated corrosive action of
cleaning compounds, and other normal conditions and operations.
B. Food contact surfaces must be nontoxic. Food contact surfaces and
surfaces which come in contact with food debris must be readily accessible
for cleaning and inspection.
C. All equipment installed or placed in service must comply with the
following NSF International standards when applicable:
1. Standard No. 1, Soda Fountain and Luncheonette Equipment, June
1984.
2. Standard No. 2, Food Service Equipment, November, 1987.
3. Standard No. 3, Spray Type Dishwashing Machines, June 1982.
4. Standard No. 4, Commercial Cooking and Hot Food Storage
Equipment, June 1986.
5. Standard No. 5, Commercial Hot Water Generating Equipment,
November 1983.
6. Standard No. 6, Dispensing Freezers, November 1982.
7. ANSI/NSF 7-1990 Standard No. 7, Food Service Refrigerators and
Storage Freezers, October 1990.
8. Standard No. 8, Commercial Powered Food Preparation Equipment,
November 1985.
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City of Edina Health 720.17
9. Standard No. 12, Automatic Ice Making Equipment, November 1984.
10. Standard No.13, Refuse Compactors and Compactor Systems, May
1985.
11. Standard No. 18, Manual Food and Beverage Dispensing Equipment,
November 1987.
12. Standard No. 20, Commercial Bulk Milk Dispensing Equipment and
Appurtenances, November 1985.
13. Standard No. 25, Vending Machines for Food and Beverage,
November 1987.
14. Standard No. 26, Pot, Pan and Utensil Washers, December 1980.
15. Standard No. 29, Detergent and Chemical Feeders for Commercial
Spray Type Dishwashing Machines, June 1982.
16. Standard No. 35, Laminated Plastics for Surfacing Food Service
Equipment, May 1985.
17. Standard No. 51, Plastic Materials and Components Used in Food
Equipment, May 1978.
18. Standard No. 59, Food Carts, June 1986.
19. Criteria C-2, Special Equipment and/or Devices, November 1983.
D. Used equipment which has met or exceeded the requirements of the NSF
International under earlier standards may be installed when the equipment
is in good repair and does not constitute a health hazard as determined by
the Sanitarian. Equipment in use at the time of adoption of this Code which
does not fully meet paragraph C. of this Subd. 2 may be continued in use
only if it is in good repair, capable of being maintained in a sanitary
condition,has food-contact surfaces that are nontoxic, and is approved by the
Sanitarian.
E. All equipment must be kept in good repair and installed and maintained
to facilitate its cleaning and the cleaning of adjacent areas.
F. Equipment which cannot be moved by reason of its weight or for the
reason that it is attached to utilities, floors, walls or ceilings, (herein referred
to as "fixed equipment") shall be installed on raised solid platforms of
concrete or other smooth masonry and sealed in such manner as to prevent
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City of Edina Health 720.17
liquids or debris from seeping or settling underneath, or shall be elevated on
legs or feet at least six inches above the floor. Fixed equipment intended for
placing on tables or counters but which is not sealed to them, shall be
mounted on legs or feet at least four inches high. Fixed equipment shall be
installed flush to the wall with the space closed and sealed in such a manner
as to prevent liquids or debris from seeping or settling behind or between,
or installed with an unobstructed space of at least 30 inches from the wall
to the back of such equipment. The space between adjoining units of fixed
equipment, and the space between the side of such a unit and the adjacent
wall shall be sealed in such a manner as to prevent liquids or debris from
settling, or seeping between or behind, or an unobstructed space of at least
30 inches shall be provided in such instances between, behind, and beside all
such pieces of fixed equipment and between such fixed equipment and any
adjacent walls. Aisles or working spaces between equipment and between
equipment and walls shall be at least 30 inches wide.
G. All equipment must be located and installed in such a manner as to
ensure that preparation and service will minimize the potential for cross-
contamination and improper handling of the food. Lavatories, chef sinks,
utility sinks, refrigeration equipment, hot food handling equipment, and
preparation and processing tables must be provided and maintained and shall
be convenient and adequate as approved by the Sanitarian for the purpose
for which they were designed.
H. Aisles and working spaces between units of equipment and walls must be
unobstructed and of sufficient width to permit employees to perform their
duties readily without contamination of food or food-contact surfaces by
clothing or personal contact. All easily movable storage equipment such as
pallets, racks, and dollies must be positioned to provide accessibility to
working areas.
I. When the food service in a day care center is limited to serving ten or
fewer individuals, or where the main meals of the day are not prepared in
the center, the Sanitarian may waive specific equipment requirements of this
Subsection to permit the substitution of certain domestic type equipment for
commercial type equipment which complies with the standards of NSF
International prescribed in paragraph C. of this Subd. 2.
J. When the food service in a boarding and lodging house is limited to
serving ten or fewer residents, or where the main meals of the day are not
prepared in the facility, the Sanitarian may waive specific equipment
requirements of these rules as stated in paragraph I. of this Subd. 2.
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City of Edina Health 720.18
720.18 Cleaning, Sanitization, and Storage of Equipment and Utensils.
Subd. 1 General. All utensils and equipment must be thoroughly cleaned, and
food-contact surfaces of utensils and equipment must be given sanitization treatment
and must be stored in such a manner as to be protected from contamination.
Subd. 2 Cleaning Frequency. The equipment and utensils must meet the following
cleaning requirements:
A. Tableware must be washed, rinsed, and sanitized after each use.
B. To prevent cross-contamination, kitchenware and food-contact surfaces
of equipment must be washed, rinsed, and sanitized after each use and
following any interruption of operations during which time contamination
may have occurred.
C. Where equipment and utensils are used for the preparation of foods on
a continuous or production-line basis, utensil and food-contact surfaces of
equipment must be washed, rinsed, and sanitized at intervals throughout the
day and on a schedule based on food temperature, type of food, and amount
of food particle accumulation.
D. The food-contact surfaces of kettles, grills, griddles, and similar cooking
devices and the cavities and door seals of microwave ovens must be cleaned
at least once a day, except that this shall not apply to hot oil cooking
equipment and hot oil filtering systems. The food-contact surfaces of all
cooking equipment must be kept free of encrusted grease deposits and other
accumulated soil.
E. Nonfood-contact surfaces of equipment must be cleaned as often as is
necessary to keep the equipment free of accumulation of dust, dirt, food
particles, and other debris.
Subd. 3 Oven Utensils and Equipment. Utensils and equipment which routinely
go into ovens for baking purposes and which are used for no other purpose are not
required to be given bactericidal treatment, however, such utensils and equipment
must be clean.
Subd. 4 Wiping Cloths. Cloths used for wiping food spills on tableware, such as
plates or bowls being served to the consumer, must be clean, dry and used for no
other purposes. Moist cloths used for wiping food spills on kitchenware and food-
contact surfaces of equipment must be clean and rinsed frequently in an approved
sanitizing solution. These cloths must be stored in sanitizing solution between uses.
Moist cloths used for cleaning nonfood-contact surfaces of equipment such as
counters, dining table tops, and shelves must be clean, rinsed, and used for no other
720 - 23
City of Edina Health 720.18
purpose. These cloths must be stored in an approved sanitizing solution between
uses.
Subd. 5 Manual Cleaning and Sanitizing. Manual cleaning and sanitizing must
be done in the following manner:
A. For manual washing, rinsing, and sanitizing of utensils and equipment,
a sink with not fewer than three compartments must be provided and used.
Sink compartments must be large enough to permit the accommodation of
the equipment and utensils, and each compartment of the sink must be
supplied with hot and cold potable running water. Fixed equipment and
utensils and equipment too large to be cleaned in sink compartments must
be washed manually or cleaned through pressure spray methods. A three
compartment sink shall not be used for vegetable or fruit preparation or for
handwashing.
B. Integral drain boards of adequate size must be provided at each end for
proper handling of soiled utensils before washing and for cleaned utensils
following sanitizing and must be located so as not to interfere with the
proper use of the utensil washing facilities.
C. Equipment and utensils must be preflushed or prescraped and, when
necessary, presoaked to removed gross food particles and soil.
D. Except for fixed equipment and utensils too large to be cleaned in sink
compartments, manual washing, rinsing and sanitizing must be conducted in
the following manner:
1. Sinks must be cleaned before use.
2. Equipment and utensils must be thoroughly washed in the first
compartment with a hot detergent solution that is kept clean.
3. Equipment and utensils must be rinsed free of detergent and
abrasives with clean water in the second compartment.
4. Equipment and utensils must be sanitized in the third compartment
in an approved manner.
E. The food-contact surfaces of all equipment and utensils must be sanitized
by one of the following:
1. Immersion for at least one-half minute in clean, hot water at a
temperature of at least 170 degrees Fahrenheit (77 degrees centigrade).
720 - 24
City of Edina Health 720.18
2. Immersion for at least one minute in a clean solution containing at
least 50 parts per million, but no more than 200 parts per million, of
available chlorine as a hypochlorite and at a temperature of at least 75
degrees Fahrenheit (24 degrees centigrade).
3. Immersion for at least one minute in a clean solution containing at
least 12.5 parts per million, but not more than 25 parts per million, of
available iodine and having a pH range which the manufacturer has
demonstrated to be effective and at a temperature of at least 75 degrees
Fahrenheit (24 degrees centigrade).
4. Immersion in a clean solution containing any other chemical
sanitizing agent allowed under Code of Federal Regulations, Title 21,
Section 178.1010, that will provide at least the equivalent bactericidal
effect of a solution containing 50 parts per million of available chlorine
as a hypochlorite at a temperature of at least 75 degrees Fahrenheit (24
degrees centigrade) for one minute.
5. For equipment too large to sanitize by immersion, but in which steam
can be confined, treatment with steam free from materials or additives
other than those specified in Code of Federal Regulations, Title 21,
Section 173.310.
F. Equipment too large to sanitize by immersion, must be rinsed, sprayed,
or swabbed with a sanitizing solution of at least twice the required strength
for that particular sanitizing solution.
G. When hot water is used for sanitizing, the following facilities must be
provided and used:
1. An integral heating device or fixture installed in, on, or under the
sanitizing compartment of the sink capable of maintaining the water at
a temperature of at least 170 degrees Fahrenheit (77 degrees
centigrade).
2. A numerically scaled indicating thermometer, accurate to plus or
minus three degrees Fahrenheit (plus or minus two degrees centigrade)
convenient to the sink for frequent checks of water temperature.
3. Dish baskets of such size and design to permit complete immersion
of the tableware, kitchenware, and equipment in the hot water.
H. When chemicals are used for sanitization, they must not have
concentrations higher than the maximum permitted under Code of Federal
Regulations, Title 21, Section 178.1010. A test kit or other device that
720 - 25
City of Edina Health 720.18
accurately measures the parts per million concentration of the solution must
be provided and used.
Subd. 6 Mechanical Cleaning and Sanitizing. Mechanical cleaning and sanitizing
must be done in the following manner:
A. Cleaning and sanitizing may be done by spray-type or immersion utensil
washing machines or by any other type of machine or device if it is
demonstrated that it thoroughly cleans, sanitizes equipment and utensils, and
meets the requirements in the NSF International Standard No. 3. These
machines and devices must be properly installed, and maintained in good
repair. Machines and devices must be operated in accordance with
manufacturers' instructions, and utensils and equipment placed in the
machine must be exposed to all washing cycles. Automatic detergent
dispensers, wetting agent dispensers, and liquid sanitizer injectors must be
properly installed and maintained.
B. Drainboards must be provided and be of adequate size for the proper
handling of soiled utensils before washing and for cleaned utensils following
sanitization, and must be so located and constructed as not to interfere with
the proper use of the dishwashing facilities. This does not preclude the use
of easily movable dish tables for the storage of soiled utensils or the use of
easily movable dish tables for the storage of clean utensils following
sanitization.
C. Equipment and utensils must be flushed or scraped and, when necessary,
soaked to remove gross food particles and soil before being washed in a
dishwashing machine unless a prewash cycle is a part of the dishwashing
machine operation. Equipment and utensils must be placed in racks, trays,
or baskets, or on conveyors, in a way that food-contact surfaces are exposed
to the unobstructed application of detergent wash and clean rinse water and
that permits free draining.
D. Machines (single-tank, stationary-rack, door-type machines, and spray-
type glass washers) using chemicals for sanitization may be used, provided
that:
1. Wash water temperatures, addition of chemicals, rinse water
temperatures, and chemical sanitizers used are in conformance with NSF
International Standards Nos. 3 and 29.
2. A test kit or other device that accurately measures the parts per
million concentration of the sanitizing solution must be available and
used.
720 - 26
City of Edina Health 720.18
3. Containers for storing the sanitizing agent must be installed in such
a manner as to ensure that operators maintain an adequate supply of
sanitizing compound.
4. A visual or audible warning device must be provided for the operator
to easily verify when the sanitizing agent is depleted.
E. Machines using hot water for sanitizing may be used provided that wash
water and pumped rinse water must be kept clean and water must be
maintained at not less than the temperature specified by the NSF
International Standard No. 3, under which the machine is evaluated.
Thermometers must be easily readable and accurate within ± 3 degrees
Fahrenheit. A pressure gauge must be installed with a shutoff valve
immediately adjacent to the supply side of the control valve in the final rinse
line, provided that this requirement must not pertain to a dishwashing
machine with a pumped final rinse. A recirculation system must be installed
if the final rinse heater is located more than five feet from the dishwasher.
F. All utensil washing machines must be cleaned at least once per day or
more frequently if required.
Subd. 7 Equipment and Utensil Storage. Cleaned and sanitized equipment and
utensils must be handled in a way that protects them from contamination.
A. Spoons, knives, and forks must be touched only by their handles. Cups,
glasses, bowls, plates, and similar items must be handled without contact
with inside surfaces or surfaces that contact the user's mouth.
B. Utensils must be air dried before being stored or must be stored in a self-
draining position.
C. Cleaned and sanitized utensils and equipment must be stored at least 12
inches above the floor in a clean, dry location in a way that protects them
from contamination by splash, dust, and other means. The food-contact
surfaces of fixed equipment must also be protected from contamination.
Equipment and utensils must not be placed under exposed sewer lines.
D. Glasses and cups must be stored inverted. Other stored utensils must be
covered or inverted, whenever practical. Facilities for the storage of knives,
forks, and spoons must be designed and used to present the handle to the
employee or consumer.
Subd. 8 Single-Service Articles. Single-service articles must have been
manufactured, packaged, transported, stored, handled, and dispensed in a sanitary
manner.
720 - 27
City of Edina Health 720.19
Subd. 9 Prohibited Storage Area. The storage of food equipment, utensils, or
single-service articles in toilet rooms or vestibules is prohibited.
720.19 Physical Facilities and Sanitation.
Subd. 1 Water Supply. Every food and beverage establishment must be provided
with a supply of safe water which is.adequate for the needs of the establishment.
The water must be obtained from a public water supply system, or a source of
supply and system which is located, constructed and operated in accordance with
Minnesota Department of Health rules governing public water supplies.
Subd. 2 Sewage. All sewage, including liquid waste, must be disposed of to a
public sewage system. Itinerant, mobile and special event food facilities may
dispose of their liquid waste into receptacles for that purpose. This waste ultimately
must be discharged into the public sewage system or otherwise disposed of in a
manner which will not endanger any source of water supply, pollute any body of
surface water, create a nuisance, or otherwise endanger the public health and safety.
Subd. 3 Containers for Transporting Drinking Water. All containers, including
but not limited to tank trucks, cans and bottles, which are used in transporting
water from the source to the point of use, shall be of such material and construction
as to facilitate cleaning. All openings into, and all water contact surfaces of such
containers shall be protected from contamination. All such containers shall be clean
and shall be subjected to bactericidal treatment immediately prior to each use.
Subd. 4 Equipment for Bottling Water. Hoses used for filling tanks, cans, bottles,
and other water containers shall be kept clean and shall be handled in such a
manner as to prevent contamination of the water, the nozzle, or any part of the
hose which may come into contact with the inside of the container. Hoses shall be
cleaned and subjected to bactericidal treatment immediately prior to each use.
Subd. 5 Plumbing. Plumbing must be sized, installed, and maintained to carry
adequate quantities of water to required locations throughout the establishment, to
prevent contamination of the water supply, and to convey sewage and liquid wastes
adequately from the establishment to the sewage system so that it does not
constitute a source of contamination of food, utensils, or equipment or create an
unsanitary condition or nuisance.
A. Water heaters must be sized to meet hot water needs during peak usage.
B. Food service equipment such as refrigerators, ice makers, ice storage bins,
and steam tables must not be directly connected to the sewer. Floor drains
are not permitted in walk-in coolers.
C. All new plumbing and all plumbing reconstructed or replaced must be
720 - 28
City of Edina Health 720.20
designed, constructed, and installed in conformity with the Minnesota
Plumbing Code, as adopted by Section 410 of this Code.
Subd. 6 Janitorial Facilities. Janitorial facilities including a janitorial utility sink
or curbed cleaning facility must be provided. The facilities must not be located in
food preparation, storage, or toilet rooms unless adequate separation or other
protection has been provided. The janitorial facility may be located in a packaged
goods storeroom or employee toilet room. The use of lavatories, utensil washing
or equipment washing, or food preparation sinks for janitorial purposes is
prohibited. Janitorial equipment must be stored in an approved manner in the
janitorial facility.
Subd. 7 Handwashing Facilities. Every food establishment, other than itinerant
food establishments, mobile food services and pushcarts handling only pre-packaged
food must be provided with adequate, conveniently located, and approved
handwashing facilities which are continually maintained with hot and cold running
water,handcleansing soap or detergent,fingernail brushes, and single-service towels
or hand-drying devices providing heated air. Handwashing facilities must be
accessible to persons at all times in all areas where food is prepared or served,
where utensils and equipment are cleansed or sanitized, in or immediately adjacent
to toilet rooms or other areas designated by the Sanitarian. Sinks used for food
preparation or for washing equipment or utensils must not be used for
handwashing. Each handwashing sink must be provided with hot and cold water
tempered by means of a mixing valve or combination faucet. Any self-closing, slow-
closing, or metering faucet must be designed to provide a flow of water for at least
15 seconds without the need to reactivate the faucet. Steam-mixing valves are
prohibited.
Subd. 8 Toilet Facilities. Every food establishment, with the exception of
itinerant food establishments, mobile food services and pushcarts, must be provided
with conveniently located and approved toilet facilities for employees. These
facilities must be kept clean and in good repair and free from flies, insects, and
offensive odors. Toilet fixtures and seats must be of sanitary design and readily
cleanable. Each toilet shall be supplied with toilet tissue at all times. The doors of
all toilet rooms must be self-closing. Easily cleanable receptacles must be provided
for waste materials. Toilet rooms used by women must have at least one covered
waste receptacle. Where the use of nonwater-carred sewage disposal facilities have
been approved by the Sanitarian, the facilities must be separate from the
establishment and in accordance with the standards of the Sanitarian.
720.20 Garbage and Refuse Disposal. Before disposal, all garbage and refuse must be
kept in tight,nonabsorbent,insect proof,rodent proof, and fireproof containers. Containers
must be kept covered with tight-fitting lids when filled, in storage, or not in continuous
use. Containers need not be covered when stored in a special insect and rodent proof room
or enclosure. All other refuse must be stored in containers, rooms, or areas in an approved
720 - 29
City of Edina Health 720.22
manner. The rooms, enclosures, areas, and containers used must be adequate for the
storage of all garbage and refuse accumulating on the premises between collections.
Adequate cleaning facilities must be provided, and each container, room, or area shall be
thoroughly cleaned after the emptying or removal of garbage and refuse. Containers shall
not be washed in sinks used for food or equipment washing. Containers designed with
drains must have drain plugs maintained in place at all times except during cleaning. All
garbage and refuse must be disposed of with sufficient frequency and in such a manner as
to prevent a nuisance.
720.21 Insect, Rodent, and Animal Control.
Subd. 1 General. Effective measures must be taken to prevent the entrance,
breeding, or presence of rodents, flies, cockroaches, and other vermin or insects on
the premises. The premises must be kept in such condition as to prevent the
harborage or feeding of insects or rodents.
Subd. 2 Openings. Outside openings must be effectively protected against the
entrance of rodents. Outside openings must be protected against the entrance of
insects by tight-fitting, self-closing doors, closed windows, screening, controlled air
currents, or other means. Screen doors must be self-closing, and screens for
windows, doors, skylights, transoms, intake and exhaust air ducts, and other
openings to the outside must be tight-fitting and free of breaks. Screening materials
must not be less than 16 mesh to the inch.
Subd. 3 'Animals. Live animals,including birds and turtles, shall be excluded from
within the food service operational premises and from adjacent areas under the
control of the person in charge. This exclusion does not apply to edible fish,
crustacea, mollusks, or to fish in aquariums. Patrol dogs accompanying security or
police officers, or guide dogs accompanying sight-impaired, physically disabled
persons, or hearing-impaired persons shall be permitted in the dining area.
720.22 Construction and Maintenance of Physical Facilities.
Subd. 1 Floors. The floor surfaces of all food and beverage preparation, food
storage, equipment and utensil washing, food service areas, waitress stations,
dressing rooms, locker rooms, toilet rooms and vestibules,janitorial areas, kitchens,
and bars must be constructed of smooth, durable, nonabsorbent, easily cleanable
materials which resist the wear and abuse to which they are subjected. Appropriate
materials include ceramic tile, quarry tile, terrazzo, or equivalent. Vinyl flooring or
equivalent may be used in areas such as dry storage rooms.
The junctures between walls and floors must be coved. Rugs and carpets may be
used in dining rooms and hallways, provided that the floor coverings are kept clean.
Abrasive strips also may be used wherever deemed necessary to prevent accidents.
720 - 30
City of Edina Health 720.23
Mats and duckboards must be of nonabsorbent,nonwood,grease resistant materials.
The size, design, and construction of the materials must facilitate easy cleaning.
Duckboards must not be used as storage racks.
All floors must be kept clean and in good repair, and the use of sawdust and similar
material is not permitted. Floor drains must be provided in all rooms where floors
are subject to flooding type cleaning or where normal operations release or
discharge water or other liquid wastes on the floor. Such floors must be graded to
drain.
Subd. 2 Walls and Ceilings. The walls and ceilings of all rooms must be kept
clean and in good repair. All walls of rooms or areas in which food is prepared,
areas where utensils or hands are washed, toilet rooms, janitorial areas, laundry
rooms, or garbage or refuse storage rooms must have easily cleanable, smooth,
nonabsorbent, washable surfaces to the highest level of splash, spray, or abuse.
Wall finishes must be resistant to the wear and abuse to which they are subject.
Ceilings must be smooth and easily cleanable. The walls and ceilings must be
finished in a light color. Concrete or pumice blocks used for interior wall
construction in these locations must be finished and sealed to provide an easily
cleanable surface.
Subd. 3 Attachments. Light fixtures, vent covers, wallmounted fans, decorative
materials, and similar equipment attached to walls and ceilings must be easily
cleanable, and must be kept clean and in good repair.
Subd. 4 Utility Lines and Pipes. All utility lines and pipes such as electric, gas,
water, sewage, and similar waste lines or services must be installed in the walls,
under floors, or above ceilings to avoid unnecessary exposure to food equipment,
walls, floors, or ceilings. Exposed utility service lines or pipes must be easily
cleanable and installed so they do not obstruct or prevent the easy cleaning of food
equipment, floor, walls, and ceiling surfaces.
720.23 Lighting.
Subd. 1 Source and Amount. Permanently fixed artificial light sources must be
installed to provide at least 70 foot-candles of light on all food preparation surfaces
and at equipment or utensil washing work levels.
A. Permanently fixed artificial light sources must be installed to provide,at
a distance of 30 inches from the floor:
1. At least 30 foot-candles of light in utensil and equipment storage
areas and in lavatory and toilet areas.
2. At least 20 foot-candles of light in walk-in refrigeration units, dry
720 - 31
City of Edina Health 720.26
Subd. food storage areas, and in all other areas.
B. Subdued lighting in dining rooms and public access areas is permissible,
provided that lighting meeting the requirements in paragraph A. of this
1 must be available during all clean-up operations.
Subd. 2 Protective Shielding. Shielding or coating to protect against broken glass
falling onto food must be provided for all artificial lighting fixtures located over, by,
or within food storage, preparation, service, and display facilities, and facilities
where utensils and equipment are cleaned and stored.
Infrared or other heat lamps must be protected against breakage by a shield
surrounding and extending beyond the bulb, leaving only the face of the bulb
exposed.
720.24 Ventilation. Rooms must have sufficient exhaust ventilation to keep them free
of excessive heat,steam,condensation,vapors, obnoxious or disagreeable odors,smoke and
fumes. All ventilation equipment and facilities, gas or oil fired room heaters, and water
heaters must be designed, installed, and operated in accordance with the rules of the
Building Code and the Fire Code. Intake and exhaust air ducts must be maintained to
prevent the entrance of dust, dirt, and other contaminating materials. A minimum clear
overhang of at least six inches is required on all canopy hoods, including all hoods over
dishwashers.
720.25 Dressing Rooms and Locker Areas.
Subd. 1 Dressing Rooms. If employees routinely change clothes within the
establishment, rooms or areas must be designated and used for that purpose. These
designated rooms or areas must not be used for food preparation, storage, or
service, or for utensil washing or storage.
Subd. 2 Locker Areas. Adequate lockers or other suitable facilities must be
provided and used for the orderly storage and security of employee clothing and
other belongings. Lockers or other suitable facilities may be located only in the
designated dressing rooms or areas containing only completely packaged food or
packaged single-service articles.
720.26 Poisonous or Toxic Materials.
Subd. 1 Materials Permitted. Food service establishments must have only those
poisonous or toxic materials necessary for maintaining the establishment, cleaning
and sanitizing equipment and utensils, and controlling insects and rodents.
Subd. 2 Labeling of Materials. Containers of poisonous or toxic materials must
be prominently and distinctly labeled, according to requirements in the Code of
720 - 32
City of Edina Health 720.27
Federal Regulations, Title 7, Section 162.10, and M.S. 188.14, for easy
identification of contents.
Subd. 3 Storage of Materials. Poisonous or toxic materials consist of the
following categories:
A. Insecticides and rodenticides.
B. Detergents, sanitizers, related cleaning or drying agents, caustics, acids,
polishes, and other chemicals.
Materials in each of these two categories must be stored and physically located
separate from each other. All poisonous or toxic materials must be stored in
cabinets or in a similar physically separate place used for no other purpose. To
preclude contamination,poisonous or toxic materials must not be stored above food,
food equipment,utensils, or single-service articles, except that this requirement does
not prohibit the convenient availability of detergents or sanitizers at utensil or
dishwashing stations.
Subd. 4 Use of Materials. Sanitizers, cleaning compounds, or other compounds
intended for use on food-contact surfaces must not be used in a way that leaves a
toxic residue on such surfaces or that constitutes a hazard to employees or other
persons. Poisonous or toxic materials must not be used in a way that contaminates
food, equipment, or utensils, nor in a way other than in full compliance with the
manufacturer's labeling.
Subd. 5 Personal Medications and First Aid Supplies. Personal medications and
first aid supplies must be stored to prevent them from contaminating food and food-
contact surfaces.
720.27 Premises.
Subd. 1 Housekeeping. All parts of the food establishment and areas accessory
to it must be kept neat, clean, and free of litter and refuse. Cleaning operations
must be conducted in a manner as to minimize contamination of food and food-
contact surfaces. Only articles necessary for the operation and maintenance of the
food establishment must be stored on the premises. Traffic of unnecessary persons
through the food preparation and utensil washing areas is prohibited. The walking
and driving surfaces of all exterior areas where food is served must be kept clean,
properly drained, and finished so as to facilitate maintenance and minimize dust.
Pressurized tanks and compressed gas cylinders must be properly secured to prevent
them being accidentally knocked over.
Subd. 2 Cleaning Equipment Storage. Maintenance and cleaning tools such as
720 - 33
City of Edina Health 720.28
brooms, mops, vacuum cleaners, and similar equipment must be maintained and
stored in a way that does not contaminate food, utensils, equipment, or linens and
must be stored in an orderly manner for the cleaning of that storage location.
Subd. 3 Living Areas. No operation of a food establishment shall be conducted
in any room used as living or sleeping quarters. Food service operations must be
separated from any living or sleeping quarters by complete partitioning and solid,
self-closing doors.
Subd. 4 Laundry Facilities. Laundry facilities in a food establishment must be
restricted to the washing and drying of linens, clothes, uniforms, and aprons
necessary to the operation. If these items are laundered on the premises, an electric
or gas dryer must be provided and used. Separate rooms must be provided for
laundry facilities except that such operations may be conducted in storage rooms
containing only packaged foods or packaged single-service articles.
Subd. 5 Linens and Clothes Storage. Clean clothes and linens must be stored in
a clean place and protected fromcontamination until used. Soiled clothes and
linens must be stored in nonabsorbent containers or washable laundry bags until
removed for laundering.
720.28 Food Vending Machines. Each vending machine licensed under this Section shall
be maintained as follows:
Subd. 1 Product Integrity. Each machine shall be filled only with wholesome
ingredients which have been manufactured and packaged under sanitary conditions
and transported to the machine in sanitary containers or vehicles.
Subd. 2 Machine Inspection. The owner or operator of all such vending machines
shall,whenever requested, assist the Sanitarian in making inspections of the interior
of the machine.
Subd. 3 Machine Cleanliness. Every licensee shall keep and maintain each
vending machine in a clean, wholesome, and sanitary condition at all times.
Subd. 4 Contamination Prevention. Each machine must be so designed as to
protect against infestation of insects, vermin, rodents, and to protect against the
entrance of dust, dirt, rain, overhead leakage, or other sources of contamination,
and shall be so constructed and operated as not to create a rodent harborage, and
the surroundings shall be so maintained so as not to create an unsanitary and
unsightly condition.
Subd. 5 Cleaning. Each machine.shall be so designed that it may be readily
cleaned. The walls, floor, ceiling, covers, lids and other physical features shall be
of such construction as to withstand repeated cleaning.
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City of Edina Health 720.28
Subd. 6 Cleaning Parts. All conveyors, belts, chutes, racks, slides, and tubing
shall be of such construction as to be readily cleaned in place or removable for
cleaning operations. Those parts of each vending machine which come in direct
contact with food, such as receptacles, pipes, valves, and so forth, shall be of
smooth construction, free of breaks, corrosion, open seams, cracks, or chips; shall
be readily removable for cleaning and inspection or shall be easily cleaned in place;
shall be non-toxic in themselves or in combination with food that may come in
contact with such equipment and shall be thoroughly washed and sanitized.
Subd. 7 Accessibility to Parts. Each machine shall be so constructed that it may
be opened and all parts of it made available for inspection by the Sanitarian.
Subd. 8 Cup Dispensing Machines. Each machine that vends a cup to receive
food from such machine shall have the dispensing opening protected from dust and
insect infestation by means of a manual or mechanical opening device.
Subd. 9 Temperature for Perishable Food. The temperature in all vending
machines which are dispensing potentially hazardous unfrozen food shall be
maintained at all times at not warmer than 40 degrees Fahrenheit nor colder than
one degree above freezing temperature. Where frozen fresh food is being vended
such temperature shall be maintained at 0 degrees Fahrenheit or colder at all times.
A thermometer shall be provided and located to be readable from outside of the
machine without opening the door. If required by the Sanitarian by notice in
writing, an automatic temperature recording device shall be installed and
maintained for each such machine. The charts of the recording device shall be
preserved, and dated, and delivered to the Sanitarian at least once each 30-day
period or as requested by the Sanitarian.
Subd. 10 Temperature Failure. Each vending machine which dispenses perishable
unfrozen food shall be equipped with a mechanical device so integrated with the
dispensing mechanism that no potentially hazardous food can be obtained from such
vending machine after the temperature in the vending machine shall rise above 45
degrees Fahrenheit. Likewise, any vending machine dispensing frozen food shall be
so equipped that no food can be obtained therefrom after said temperature rises
above five degrees Fahrenheit. All such machines shall be so equipped as to return
the coin or coins to the prospective purchaser if no food is dispensed for any reason
when a coin is inserted. No food in a machine where the temperature has exceeded
the maximum specified above shall be made available for sale from the machine
unless inspected and approved by the Sanitarian as safe for human consumption.
The provisions of this Subdivision shall not be applicable to any vending machine
which dispenses only ice cream or carbonated soft drinks.
Subd. 11 Person Responsible for Operation. Each vending machine shall have
posted on it a label or sign stating the name, address and telephone number of the
person responsible for its operation.
720 - 35
City of Edina Health 720.29
720.29 Requirements for Itinerant Food Establishments, Mobile Food Services or
Pushcarts.
Subd. 1 General. Itinerant food establishments,mobile food services or pushcarts
must comply with all provisions of this Section which are applicable to their
operation. If necessary to protect the public health, the Sanitarian shall impose
additional requirements to protect against health hazards related to the conduct of
their operation and shall prohibit the sale or giveaway of some or all potentially
hazardous foods. When no health hazard is likely to result, the Sanitarian may
modify specific requirements of this Section.
Subd. 2 Restricted Operations. This Subdivision applies whenever an itinerant
food establishment, mobile food service, or pushcart is approved under Subd. 1 of
this Subsection to operate without complying with all the requirements of this
Section.
A. The itinerant food establishment, mobile food service, or pushcart must
be located where it is not subject to flooding and is protected from possible
contamination; for example toilets, animal pens, or garbage collection sites.
It must be protected from dust and windblown particulates by location,
treatment of ground surfaces, or by having the food stand, mobile food
service, or pushcart enclosed.
B. The Sanitarian may restrict the type of food served or the method of food
preparation based on equipment limitations, commissary facilities, or climatic
conditions.
Subd. 3 Construction.
A. Work Spaces. Work spaces must be sized to permit unobstructed work
activity. Equipment must be located to permit easy cleaning.
B. Floors. The interior floor of an itinerant food establishment must be
constructed of concrete, asphalt, tight wood, vinyl flooring or other similar
cleanable material kept in good repair. Dirt or gravel,when graded to drain,
may be used as subflooring when covered with clean, removable platforms
or duckboards, or covered with wood chips, shavings or other suitable
materials effectively treated to control dust. The interior floor of a mobile
food service or pushcart must be noncorrosive metal or be surfaced with
vinyl flooring or equivalent.
C. Walls or Enclosures. The itinerant food establishment must provide
protection during adverse weather by its construction or location. If it does
not, then food activities must cease during periods of adverse weather. The
mobile food service or pushcart must be capable of being fully enclosed on
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City of Edina Health 720.29
the sides and roof to provide protection during adverse weather. Interior
surfaces must be finished with smooth, durable, nonabsorbent, easily
cleanable material that resists the wear and abuse to which the surfaces are
subjected. High gloss paint is the minimum acceptable finish..
Subd. 4 Equipment.
A. General. Food service equipment must comply with the applicable
standards of NSF International.
B. Refrigeration. Mechanical refrigeration is required for potentially
hazardous foods such as meat, fish, poultry, milk and milk products, and
eggs. A metal stem product thermometer with a range from zero degrees
Fahrenheit (minus 18 degrees centigrade) to 220 degrees Fahrenheit (104
degrees centigrade) is required for measuring temperature of this food.
Electricity must be provided to refrigeration units 24 hours a day when the
food service establishment has been set in place for service. Insulated chests
containing dry ice or frozen refrigerant packs may be used for items such as
wieners and precooked sausages as long as required temperatures are
maintained. A thermometer is required for each refrigerator and insulated
chest.
C. Cooking Equipment. Itinerant food establishments may use electric
skillets, roasters, propane stoves, and charcoal grills equipped with lids for
cooking food as long as safe food temperatures are maintained. Crock pots
may not be used.
D. Exhaust System. When grease laden cooking vapor or condensation is
generated in the cooking process, a mechanical exhaust system must be
provided within a mobile food service or pushcart to prevent grease and
condensation from collecting on walls and ceilings.
E. Utensils. Commercial food grade utensils must be used. Galvanized or
soft plastic containers, wooden spoons, enamelware, paintbrushes, and
similar materials are not acceptable. Garbage bags and garbage receptacles
must not be used for covering or storing food.
F. Contamination by Customers. Food preparation and cooking areas must
be separated by an adequate distance or by an impervious shield from
customer seating and circulation areas to prevent contamination of food and
food preparation areas.
G. Handwashing Facilities for Itinerant Food Establishment. Handwashing
facilities shall be provided within an itinerant food establishment. They shall
consist of:
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City of Edina Health 720.29
1. Soap, paper towels, and a water faucet or spigot that discharges into
a waste line or holding vessel; or
2. Paper towels and a spray bottle containing a germicidal solution,
using one teaspoon of household bleach to a gallon of water; or
3. Moist towelettes when there is little or no food preparation.
H. Handwashing Facilities in Mobile Food Service or Pushcart. A mobile
food service or pushcart shall be equipped with hot and cold running water,
soap, and paper towels in all units where food is prepared.
I. Lighting. All interior lights must be shielded or enclosed to prevent
breakage. Lights used at night must not attract flying insects.
Subd. 5 Dishwashing Facilities, Procedures, and Equipment Cleaning.
A. General. Single-service, disposable eating and drinking utensils must be
used unless approved permanent dishwashing facilities are available. Utensils
are to be washed and sanitized immediately before the event and as often as
necessary during the event. Utensils may be washed off the site if approval
is granted by the Sanitarian. When this is done, the clean utensils must be
suitably covered with plastic wrap or placed in a covered container when
transported. When utensils are not washed at the site, enough utensils must
be provided so that if one becomes soiled or contaminated, a clean one is
available.
B. Drying. Space must be provided for air drying utensils. Towel drying is
not permitted.
C. Manual Utensil Washing. The procedure for manual utensil washing is:
1. Wash in warm, soapy water;
2. Rinse in clean water;
3. Sanitize for at least one minute in a sanitizing solution of sufficient
concentration,using one tablespoon of household bleach per two gallons
of water; and
4. Allow to air dry.
D. Cleaning Equipment. Food contact equipment that must be cleaned in
place, like meat slicers or soft serve ice milk dispensers, must be sanitized
using a solution equal to that listed in paragraph C. of Subd. 5 of this
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City of Edina Health 720.29
Subsection.
E. Wiping Cloth. Cloths used to wipe equipment and counters must be
stored in a sanitizing solution between uses. The solution must equal that
listed in paragraph C. of Subd. 5 of this Subsection.
F. Sanitizer Test Kit. Test kits or strips for analyzing sanitizer strength must
be available and used.
Subd. 6 Food, Beverage, and Utensil Handling and Storage.
A. Food Source. All ice and food supplies must come from an approved
commercial source. No home prepared food or food storage at home is
permitted. Ice must be obtained only in chipped, crushed, or cubed form and
in single-use safe plastic or wet-strength paper bags filled and sealed at the
point of manufacture. The ice must be held in these bags until it is
dispensed in a way that protects it from contamination. When preparation
or hot and cold holding equipment are not adequate for the volume of food
prepared, food preparation activities must take place in a facility such as a
restaurant, school, fraternal organization kitchen, or church.
B. Temperature. Potentially hazardous food must be maintained at 40
degrees Fahrenheit (four degrees centigrade) or below and 150 degrees
Fahrenheit (66 degrees centigrade) or above, including periods when it is
being transported.
C. Previously Cooked Food. Previously cooked food that is reheated must
reach an internal temperature throughout of at least 165 degrees Fahrenheit
(74 degrees centigrade) before being served. Any heated food that is left
over at the end of the day must be discarded.
D. Storage. Food and single-service disposable utensils such as paper plates
and plastic eating utensils must be clean, dry, covered, and kept at least six
inches off the floor. Storage of packaged food in contact with water or
undrained ice is prohibited. Wrapped sandwiches must not be stored in
direct contact with ice. Canned, bottled, and other containerized beverages
except milk may be chilled in ice.
E. Single-Service Items and Condiment Dispensing. Single-service utensils
and self-service food, including condiments such as catsup, mustard, coffee
whitener, and sugar, must be individually packaged or be dispensed from an
approved dispenser.
Subd. 7 Water supply.
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City of Edina Health 720.29
A. General. Potable water must be obtained from an approved public water
supply system. Water must not come from a residential well. If water is not
provided under pressure at the establishment, it may be transported and
stored in approved, cleanable, covered containers such as five or ten gallon
coffee urns or nongalvanized beverage coolers containing spigots.
B. Holding Tank. Each mobile food service requiring a water system must
be equipped with a fresh water holding tank that can be drained and a hot
water heater, both of which are sufficiently sized to meet water demand.
The holding tank must be corrosion resistant, nontoxic, and free of seams.
When in operation, a unit may be directly supplied with water from an
external water system. The connecting hose must be capped and otherwise
protected when it is disconnected so that it will not be contaminated by
waste discharge, road dust, oil, or grease.
C. System Sanitizing. The total water system must be sanitized each year
before the unit is put into service.
Subd. 8 Wastewater and Refuse Disposal.
A. Wastewater. Wastewater must be discharged directly into an approved
sanitary sewer system or to a holding tank which will subsequently be
discharged into a sewer system. Discharge lines and connections must not
be compatible with the water supply connection. The holding tank must be
at least 25 percent larger than the fresh water storage tank. Ground surface
discharge is not permitted.
B. Refuse and Garbage Disposal. Refuse and garbage must be deposited and
stored in a manner that will not tend to create a nuisance. Garbage
containing food waste, if stored overnight or for extended periods of time,
must be stored in tightly covered nonabsorbent containers.
Subd. 9 Insect Control. Effective insect control is to be achieved through
sanitation. If insecticides are to be used, they must be an approved type such as
pyrethrins as the active ingredient, and used according to the manufacturer's
directions. They must not be used when food or utensils are exposed. Intermittent
spray dispensers and vapona strips must not be used.
Subd. 10 Employee Practices. Employees must comply with the following
requirements:
A. Employees must maintain their hands in a clean and sanitary condition
and wash hands immediately after going to the toilet, handling raw food,
smoking, or otherwise soiling their hands.
720 - 40
City of Edina Health 720.30
B. Employees must not engage in food preparation or service activities if
that person has a communicable disease, gastrointestinal illness, sore throat,
or discharging wound.
C. An employee must not use tobacco in any form while on duty.
D. An employee's outer garments must be clean.
E. An employee must wear effective hair restraints such as hairnets,
headbands, and caps while engaged in food preparation and service.
F. An adult shall be responsible for the operation of the establishment and
shall supervise children working in the establishment.
Subd. 11 Safety.
A. Electrical. Electrical service must comply with the Minnesota State
Building Code Electrical Code, Chapter 1315. Electrical lines should not be
located in or near water.
B. Carbon Dioxide. Carbon dioxide and bottled gas cylinders must be
secured by chains or other types of restraints.
C. Fire Extinguishers. A fire extinguisher with a minimum 2A 10 B-C rating
must be present if required by the Fire Chief.
720.30 State Licensing. To the extent that any activity licensed by this Section is also
licensed by the State and the City is prohibited from also licensing that same activity, then
no license shall be required under this Section, but such State license shall be registered
with the City before conducting the licensed activity within the City. Such registration
shall be with the Sanitarian and be accompanied by proof that the registrant holds a then
current license issued by the State.
History. Ord 731 codified 1970; amended by Ord 731 Al 1-24-74, Ord 731-A2 2-16-77, Ord
731-A3 3-4-81, Ord 731-A5 9-29-82, Ord 731-A6, 4-30-86, Ord 731-A711-12-86, Ord 731-A8
9-23-87, Ord A9 2-28-90.
Reference. M.S. 471.707 (Notice and hearing to increase vending machine fees), M.S. 144.411
through 144.417 (Clean Indoor Air Act), M.S. 145A.03 through 145A.08
Cross Reference. Sections 160, 185
720 - 41
City of Edina Health 725.03
Section 725 - Public Health, Housing
and Housing Equipment
725.01 Purpose. The purpose of this Section is to protect, preserve, and promote the
physical and mental health of the people, investigate and control communicable diseases,
regulate privately and publicly owned dwellings for the purpose of sanitation and public
health, and protect the safety of the people and promote the general welfare by legislation
which shall be applicable to all dwellings now in existence or constructed in the future and
which (i) establishes minimum standards for basic equipment and facilities for light,
ventilation and heating, for safety from fire, for the use and location, and amount of space
for human occupancy, and for safe and sanitary maintenance; (ii) determines the
responsibilities of owners, operators and occupants of dwellings; and (iii) provides for the
administration and enforcement of this Section.
725.02 Title. This Section shall be known and may be cited as the Edina Housing Code.
725.03 Terms and Definitions.
Subd. 1 Terms. The following terms have the meanings as stated in Section 850
of this Code:
Basement.
Dwelling Unit.
Subd. 2 Definitions. Unless the context clearly indicates otherwise,the following
words and phrases wherever they occur in this Section are defined as follows:
Approved. Constructed, installed, and maintained in accordance with this Section
or other pertinent provisions of this Code.
Cellar. That portion of a dwelling between floor and ceiling which is below or
partly below grade, the floor of which is more than four feet below the average
grade of the adjoining ground.
Dwelling. Any building which is wholly or partly used or intended to be used for
living or sleeping by human occupants, except temporary housing.
Extermination. The control and elimination of insects, rodents, vermin or other
pests by eliminating their harborage places; by removing or making inaccessible
materials that may serve as their food; or by poisoning, spraying, fumigating,
trapping, or similar means.
725 - 1
City of Edina Health 725.04
Habitable Room. A room designed to be used for living, sleeping, eating or cooking,
excluding bathrooms, toilet compartments, closets, halls and storage areas, and
workshops, hobby and recreation areas accessory to a dwelling unit.
Infestation. The presence, within or around a dwelling, of insects, rodents, vermin
or other pests of such kind or in such numbers as to cause a hazard to health.
Multiple Dwelling. Any dwelling containing more than two dwelling units.
Occupant. Any person over two years of age, living, sleeping, cooking or eating in,
or having actual possession of, a dwelling unit or rooming unit.
Operator. Any person, whether the owner or not, who manages or controls any
dwelling, or part of a dwelling, in which dwelling units or rooming units are let.
Owner. Any person who alone, jointly or severally with others:
A. Has record legal title to any dwelling or dwelling unit, with or without
accompanying actual possession of it.
B. Acts as the agent of the person holding the record legal title of any
dwelling or dwelling unit.
C. Is the personal representative or fiduciary of an estate through which the
record legal title to the real property in which any dwelling or dwelling unit
is administered.
Rooming Unit. Any room or group of rooms forming a single habitable unit used
or intended to be used for living and sleeping, but no part of which is exclusively
or occasionally appropriated for cooking food.
Supplied. Paid for, furnished, provided by, or under the control of the owner or
operator.
725.04 Inspection. For the purpose of determining compliance with the provisions of this
Section, the Sanitarian is authorized to make inspections at such times as the Sanitarian
deems necessary, or when facts are known to the Sanitarian that a violation of this Section
may or does exist, to determine the condition, use and occupancy of dwellings, dwelling
units, rooming units, and the premises upon which the same are located. For the purpose
of making such inspections, the Sanitarian is authorized to enter, examine and survey all
dwellings, dwelling units, rooming units and premises upon which the same are located,
at all reasonable times.The owner, operator and occupant of every dwelling, dwelling unit,
and rooming unit shall give the Sanitarian free access to such dwelling, dwelling unit or
rooming unit and its premises for the purpose of such inspection, examination, and survey.
Every occupant of a dwelling shall give the owner of it, or the owner's agent or employee,
725 - 2
City of Edina Health 725.05
access to any part of the dwelling or its premises, at all reasonable times, for the purpose
of making the repairs or alterations as are necessary to effect compliance with the
provisions of this Section.
725.05 Enforcement of Housing Code.
Subd. 1 Notice of Violation. Whenever the Sanitarian determines that there has
been a violation of any one or more provisions of this Section, the Sanitarian shall
give notice of such alleged violation to the person or persons who are or may be
responsible for it as enumerated in paragraph D. of this Subd. 1. The notice shall:
A. Be in writing.
B. Specify the violation or violations alleged to exist or to have been
committed and the repairs or improvements required to bring the dwelling,
dwelling unit or rooming unit into compliance with the provisions of this
Section.
C. Provide a reasonable time, but not less than ten days in any event, for the
correction of the violation or violations specified.
D. Be addressed to and served upon the owner of the property, the operator
of the dwelling, and the occupant of dwelling unit or the rooming unit
concerned, if the occupant is or may be responsible for the violation.
E. Inform persons concerned of their rights of appeal under this Section.
Service shall be as provided for personal service of a summons in a civil action by
the rules of civil procedure for courts of record in Minnesota, or by registered or
certified mail, return receipt requested, delivered to the addressee only. If one or
more persons to whom the notice is addressed cannot be found or served after
diligent effort, service may be made upon such person or persons by posting a
notice in a conspicuous place in or about the dwelling affected by the notice, in
which event the Sanitarian shall include in the record a statement as to why such
posting was necessary.
Subd. 2 Imminent Hazard; Temporary Condemnation. Whenever the Sanitarian
finds any dwelling, dwelling unit, or rooming unit which does not conform to the
standards established by this Section, and further finds (i) that by reason of such
nonconformity it presents an imminent and serious hazard to public health, or to
the physical or mental health of the occupants in it, and (ii) that the repairs or
improvements required to remove such hazard does not appear reasonably possible
within a time which will be adequate to eliminate such imminent hazard, then the
written notice of violation provided for in Subd. 1 of this Subsection shall also state
that the premises are unfit for human habitation and shall order that the dwelling,
725 - 3
City of Edina Health 725.05
dwelling unit or rooming unit be vacated either immediately or after such period of
time as the Sanitarian shall find reasonable in view of the circumstances, pending
the completion of action to eliminate such hazard. In such case the notice shall be
served by delivering a copy to the person in real or apparent charge and control of
the dwelling unit and by posting the same at a conspicuous place upon the
structure. In the case of a hazard which affects more than one unit in a multiple
dwelling residence, service shall be made upon such an occupant of each unit,
except that the failure to make service upon an occupant of one unit shall not affect
the validity or effect of service of notice upon an occupant of other units. Such
notice shall also state that persons aggrieved may appeal such notice.
Subd. 3 Failure to Correct Deficiencies. Whenever notice has been given in
accordance with Subd. 1 of this Subsection and the person or persons responsible
have failed to correct the deficiencies specified in Subd. 1 of this Section within the
time allowed, the Sanitarian may either:
A. Extend the time for correction of the deficiencies, or
B. Serve upon the owner and occupant a written notice requiring that the
dwelling, dwelling unit, or rooming unit be vacated because it is unfit for human
habitation.
The notice shall (i) state the violation or violations which remain uncorrected, and
(ii) provide a reasonable time, but not less than ten days within which to vacate the
premises. The written extension of time or notice to vacate may be served
personally or by registered mail in accordance with the procedures set forth in
Subd. 1 of this Subsection.
Subd. 4 Appeal. Any person aggrieved by a notice issued under Subd. 1, 2, or 3
of this Subsection, may within ten days after service of the same, appeal to the
Council by filing a written notice of appeal with the Clerk. In the case of an appeal
from a notice to vacate pending elimination of imminent hazards issued pursuant
to Subd. 2 of this Subsection, the appeal shall be heard as soon as possible after the
time of filing. In the case of appeals from other notices, the appeal shall be heard
at such time as may be established by the Council, but the taking of an appeal from
a notice other than one to vacate pending the elimination of imminent hazards
issued under Subd. 2 of this Subsection shall, during the pendency of such appeal,
restrain the City and its officers from proceeding in any manner to enforce such
notice.
Subd. 5 Decision of the Council. All appeals under this Subsection shall be heard
by the Council. The Council may affirm in whole or in part or deny the existence
of a violation of this Section, and if the violation is found to exist, confirm or
modify the corrective action to be taken or the order requiring vacation of the
premises and the time allowed for it.
725 - 4
City of Edina Health 725.06
Subd. 6 Correction of Violation by City; Assessment of Cost. In all cases of
violation of this Section to which M.S. 145A.03 through 145A.09 are applicable, the
Sanitarian may proceed as provided in M.S. 145A.03 through 145A.09 to abate or
remove the violation and to have the cost of it specially assessed against the lot or
parcel where the violation was located. In suitable cases, said statutory remedies
and procedure may be used either concurrently with, or separate from, the
procedures prescribed in this Section.
Subd. 7 Unlawful to Resume Occupancy. No dwelling, dwelling unit or rooming
unit which has been designated as unfit for human habitation and placarded as such
shall again be used for human habitation until written approval is secured from, and
such placarding is removed by, the Sanitarian. The Sanitarian shall remove such
placard whenever the defect or defects upon which the designation and placarding
action were based have been eliminated and the dwelling, dwelling unit or rooming
unit has been made to conform to the standards established by this Section.
Subd. 8 Unlawful to Deface Placard. It shall be unlawful for any person to
deface, remove or obscure any placard posted under the provisions of this Section.
725.06 Minimum Standards for Basic Equipment and Facilities. No person shall occupy
or let to another for occupancy any dwelling unit which does not comply with the
following requirements:
Subd. 1 Kitchen Sink. Every dwelling unit shall contain a kitchen sink in good
working condition and properly connected to an approved water and sewer system.
Subd. 2 Privacy Room. Every dwelling unit, except as otherwise permitted by
Subd. 5 of this Subsection, shall contain a room which affords privacy to a person
within said room and which is equipped with a flush water closet in good working
condition and properly connected to an approved water and sewer system.
Subd. 3 Lavatory Basin. Every dwelling unit, except as otherwise permitted by
Subd. 5 of this Subsection, shall contain a lavatory basin in good working condition,
properly connected to an approved water and sewer system and located in the same
room as the required flush water closet, or as near to that room as practicable.
Subd. 4 Bathtub. Every dwelling unit, except as otherwise permitted by Subd.
5 of this Subsection, shall contain, within a room which affords privacy to a person
within said room, a bathtub or shower in good working condition and properly
connected to an approved water and sewer system.
Subd. 5 Shared Privacy Room. The occupants of not more than two dwelling
units may share a single flush water closet, a single lavatory basin, and a single
bathtub or shower, provided that the following conditions are satisfied:
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City of Edina Health 725.06
A. Neither of the two dwelling units can accommodate more than two
occupants.
B. Such water closet, lavatory basin, and bathtub or shower are in good
working condition and properly connected to the water and sewer system,
and are accessible to the occupants of one dwelling unit without passing
through any sleeping room of the other dwelling unit.
C. Such dwelling units are in the same building, arranged so that the
occupants of neither unit are required to go outdoors to reach the facilities.
Subd. 6 Hot and Cold Water Lines. Every kitchen sink, lavatory basin and
bathtub or shower under the provisions of Subd. 1, 3, 4, and 5 of this Subsection
shall be connected with both hot and cold water lines in a manner meeting the
requirements of the applicable provisions of this Code.
Subd. 7 Refuse Disposal. Every dwelling unit shall have adequate refuse disposal
facilities or storage containers whose type and location meet the requirements of
this Code.
Subd. 8 Water Heating Facilities. Every dwelling shall have water heating
facilities which are installed in an approved manner, are maintained and operated
in safe and good working condition, are properly connected with the hot water lines
required under the provisions of Subd. 6 of this Subsection, and are capable of
heating water to such a temperature as to permit an adequate amount of water to
be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a
temperature of not less than 120 degrees Fahrenheit. Such water heating facilities
shall be capable of meeting the requirements of this Subdivision when the heating
facilities required under the provisions of Subd. 4 of Subsection 725.07 are not in
operation.
Subd. 9 Egress. Every dwelling unit shall have a safe, unobstructed means of
egress. Every dwelling unit located above the first floor, and every basement
dwelling unit, shall have at least two independent egress stairways which shall be
located remote from each other, and one of such stairways shall be an inside
stairway. Every such egress stairway serving units above the first floor shall comply
with the following requirements:
A. It shall be easily accessible from every dwelling unit located on the
specified floor without passing through any room other than a public hall.
B. It shall lead directly to a street or alley, or open court connected with a
street or alley.
C. It shall be kept in good order and repair.
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City of Edina Health 725.07
D. It shall be unobstructed at all times.
E. All doors used in connection with such egress must be easily opened from
the inside, and remain unlocked or be of a type which can be unlocked from
the inside without the use of a key. Where multiple dwellings have more
than five dwelling units sharing the same means of egress, the doors serving
such shared means of egress shall swing outward and be self-closing.
F. No window shall be considered a proper means of egress to a required
stairway.
G. All inside stairway exits shall lead to an exit door.
H. All exit stairways of three or more risers shall have at least one hand rail,
and all stairways which are three feet six inches or more in width, or which
are open on both sides shall have a hand rail on each side.
I. Risers of stairs shall not exceed eight inches and treads shall not be less
than nine inches.
J. All hand rails shall be not less than 34 inches or more than 38 inches
vertically above the nose of the stair treads or stairway landings.
K. The minimum width of all existing required egress stairways shall be 36
inches measured at the face of tread.
L. All multiple dwellings shall have a stairway or stairway fire escape with
an exit directly to the stairway or stairway fire escape from a public hall
located within 150 feet from the exit at each dwelling unit above the first
floor if such multiple dwelling is of non-fireproof construction, or within 200
feet from such exit if such building is of fireproof construction.
Fire escapes are emergency means of egress and as such do not constitute a required
stairway. All fire escapes shall be kept in good order and repair, and all iron shall
be kept painted and free from rust. All doors opening into a fire escape of any
multiple dwelling having three or more stories shall be of fire proof construction
and shall be self-closing. Vertical ladders shall not be considered a required fire
escape. No fire escape shall pass a window unless such window is of fireproof
construction (wire glass and metal frame).All fire escapes shall terminate at ground
level or shall have properly constructed and maintained counter-balanced steps for
the last flight.
725.07 Minimum Standards for Light,Ventilation, and Heating. No person shall occupy
or let to another for occupancy any dwelling or dwelling unit for the purpose of living
therein, which does not comply with the following requirements.
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City of Edina Health 725.07
Subd. 1 Window or Skylight. Every habitable room in a dwelling or dwelling unit
shall have at least one window or skylight facing directly to the outside, and shall
have a minimum of 50 foot-candles of daylight illumination, measurable at the
epicenter of the room 30 inches above floor level,with a standard light meter facing
the light source at noon Central Standard Time, with the sky of normal brightness.
Subd. 2 Openable Window or Skylight. At least one-half of the window
or skylight required by Subd. 1 of this Subsection shall be easily opened unless some
other comparable method of ventilating the room is provided.
Subd. 3 Bathroom Light. Every bathroom and water closet compartment shall
have at least one window or skylight facing directly to the outside in order to
provide adequate ventilation. The Sanitarian may approve some other acceptable
method of ventilation.
Subd. 4 Heating Facilities. Every dwelling and dwelling unit shall have heating
facilities which are installed in an approved manner, are maintained in safe and
good working condition, and are capable of safely and adequately heating all
habitable rooms,bathrooms, and water closet compartments located in the dwelling
unit to a temperature of at least 68 degrees Fahrenheit at a distance three feet
above floor level, when the temperature outside is minus 20 degrees Fahrenheit.
Such heating equipment shall be operated to maintain a temperature in all habitable
rooms of not less than 68 degrees Fahrenheit.
Subd. 5 Public Hallways and Stairways. Every public hall or stairway in or
leading into every multiple dwelling shall have a minimum of 10 foot-candles of
illumination, measurable with a standard light meter at floor level in halls and tread
levels on stairways, at all times when the structure is occupied.
Subd. 6 Electricity. Every dwelling shall be supplied with electricity and shall
meet the following requirements:
A. Every habitable room shall contain one electrical convenience outlet for
each 20 lineal feet, or major fraction thereof, measured horizontally around
the room at the baseboard line, provided that in each room one ceiling-type
electric light fixture may be substituted for one of the required electrical
convenience outlets.
B. Every water closet compartment, bathroom, laundry room, furnace room,
and public hall shall contain at least one ceiling or wall-type electric light
fixture.
C. Every outlet and fixture shall be installed in an approved manner and
maintained in good and safe working condition.
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City of Edina Health 725.08
Subd. 7 Screens. During the portion of each year when the Sanitarian finds it
necessary to protect against mosquitoes, flies, and other insects, which are of such
kind and occur in such numbers as to cause a hazard to health, every door opening
directly from a dwelling to outdoor space shall have a screen door with a self-
closing device; and every window or other device with openings to outdoor space
used or intended to be used for ventilation, shall likewise be supplied with screens.
725.08 General Requirements for Maintenance of Parts of Dwellings and Dwelling Units.
No person shall occupy or let to another for occupancy any dwelling unit which does not
comply with the following requirements:
Subd. 1 Exterior Wall, Foundation and Roof. Every foundation, exterior wall and
roof shall be substantially weathertight,watertight, and rodent proof.The following
conditions shall be promptly repaired or replaced:
A. Deteriorated, crumbling or loose plaster.
B. Deteriorated, or ineffective waterproofing of exterior walls, roof,
foundations or floors including broken windows or doors.
C. Defective, or lack of, weather protection including lack of paint, or
weathering due to lack of paint or other protective covering.
D. Broken, rotted, split, or buckled exterior walls or roof coverings.
Subd. 2 Interior Walls, Ceilings,and Floors. Every floor, interior wall and ceiling
shall be kept in sound condition and good repair.
Subd. 3 Windows, Exterior Doors, and Basement Hatchways. Every window,
exterior door, and basement hatchway shall be reasonably watertight,weathertight,
and rodent proof and shall be kept in sound working condition and good repair.
Subd. 4 Stairways. Every inside and outside stairway shall be maintained in safe
and sound condition and good repair.
Subd. 5 Plumbing. Every plumbing fixture and water and waste pipe shall be
installed in compliance with this Code and shall be maintained in working condition,
free from defects, leaks and obstructions.
Subd. 6 Floor Material. Every water closet compartment floor surface and
bathroom floor surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept in a clean and
sanitary condition.
Subd. 7 Equipment, Facilities, and Utilities. Every facility, piece of equipment,
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City of Edina Health 725.09
or utility which is required under this Section shall be so constructed and installed
that it will function safely and effectively, and shall be maintained in satisfactory
working condition.
Subd. 8 Continuity of Facilities, Utilities and Equipment. No owner, operator, or
occupant shall cause any service, facility, equipment or utility which is required
under this Section to be removed from, shut off, or discontinued in any occupied
dwelling or dwelling unit, except for such temporary interruption as may be
necessary while actual repairs or alterations are in process, or during temporary
emergencies.
725.09 Minimum Space, Use and Location Requirements.
Subd. 1 Space Requirements. No person shall occupy or let to another for
occupancy any dwelling or dwelling unit which does not comply with the following
requirements:
A. It shall contain at least 150 square feet of floor area for the first occupant
and at least 100 additional square feet of floor space for every additional
occupant, the floor space to be calculated on the basis of total habitable
room area, provided that the non-habitable area shall be counted in
determining the maximum permissible occupancy up to ten percent of the
total habitable area.
B. At least one-half of the floor area of every habitable room shall have a
ceiling height of at least seven feet, and the floor area of that part of any
room where the ceiling height is less than five feet shall not be considered
as part of the floor area in computing the total floor area of the room for the
purpose of determining the maximum permissible occupancy of the room.
Subd. 2 Basement Requirements. No basement space shall be let as a habitable
room and no basement space shall be used as a dwelling unit or rooming unit
unless:
A. The floor and walls are impervious to leakage of underground and surface
runoff water and are free from dampness;
B. The total amount of light furnished in each room is equal to at least the
minimum amount of light as required in Subd. 1 of Subsection 725.07; and
C. The facilities for ventilation in each room are equal to at least the
minimum as required under Subd. 1 and 2 of Subsection 725.07.
Subd. 3 Cellar Space. No cellar space shall be used as a habitable room or
dwelling unit.
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City of Edina Health 725.10
725.10 Responsibilities of Owners and Occupants.
Subd. 1 Shared or Public Areas. Every owner of a dwelling containing two or
more dwelling units shall be responsible for maintaining in a clean and sanitary
condition the shared or public areas of the dwelling and premises.
Subd. 2 Occupant Responsibility. Every occupant of a dwelling or dwelling unit
shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit,
and premises which occupant occupies and controls.
Subd. 3 Occupant Waste Control. Every occupant of a dwelling or dwelling unit
shall dispose of all refuse of such occupant and other organic waste which might
provide food for insects and rodents, in a clean and sanitary manner, by placing it
in the refuse disposal facilities or storage containers required by Subd. 7 of
Subsection 725.06.
Subd. 4 Occupant Plumbing Responsibility. Every occupant of a dwelling unit
shall keep all plumbing in the dwelling unit in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper use and
operation of all plumbing.
Subd. 5 Extermination Control. Every occupant of a dwelling containing a single
dwelling unit shall be responsible for the extermination of any insects, rodents, or
other pests in the dwelling unit or on the premises. Every occupant of a dwelling
unit in a dwelling containing more than one dwelling unit shall be responsible for
such extermination whenever such occupant's dwelling unit is the unit primarily
infested. Notwithstanding the foregoing provisions, whenever infestation is caused
by a failure of the owner or operator to maintain a dwelling in a rodent proof or
reasonably insect proof condition, extermination shall be the responsibility of the
owner and operator. Whenever infestation exists in two or more of the dwelling
units in any dwelling, or in the shared or public parts of any dwelling containing
two or more dwelling units, extermination of the infested areas shall be the
responsibility of the owner and operator.
History. Ord 741 codified 1970
Reference. M.S. 145A.03 through 145A.09
Cross Reference: Section 850
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City of Edina Health 735.04
Section 735 - Hotels, Lodging and Boarding Houses
735.01 Definitions.
Commissioner. As used in Minnesota Rules 1991, Chapter 4625, "Commissioner"
shall mean the City.
Hotel, Lodging House, and Boarding House. Whenever used in this Section, the
terms for hotel, lodging house, and boarding house shall be as defined in M.S.
157.01.
735.02 License Required. No person shall operate or engage in the business of operating
a hotel, lodging house, or boarding house within the City unless a license has been
obtained from the City. The applicant for a license shall make application on forms
provided by the Sanitarian. The provisions of Section 160 of this Code shall apply to all
licenses required by this Section and to the holders of such licenses.
735.03 License Fee. The annual license fee shall be in the amount set forth in Section
185 of this Code.
735.04 Minnesota Rules, 1991, Adopted. There is hereby adopted and incorporated by
reference as a section of this Code, Minnesota Rules, 1991, Sections 4625.0100 through
4625.2355 - Requirements for Lodging Establishments. One copy marked "Official Copy"
is on file in the office of the Clerk and shall remain on file for use and examination by the
public.
History. Ord 761 adopted 12-14-77
Reference. M.S. 157.01, Minnesota Rules, 1991, Sections 4625.0100 through 4625.2355
Cross Reference. Section 185
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