Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 503-H.F.No. 2081
           An act relating to local government; changing the 
          authority for licensing and inspecting vending 
          machines; amending Minnesota Statutes 1982, sections 
          145.031, subdivision 1; 145.55, subdivision 1; 
          145.918, subdivision 2; 366.01, subdivision 2; and 
          Minnesota Statutes 1983 Supplement, section 28A.09, 
          subdivision 1; repealing Minnesota Statutes 1982, 
          sections 144.075; 375.193; and 461.02. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
28A.09, subdivision 1, is amended to read: 
    Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every coin 
operated food vending machine is subject to an annual state 
inspection fee of $5 for each nonexempt machine, provided that: 
    (a) Food vending machines may be inspected by either a home 
rule charter or statutory city, or a county, but not both, and 
if inspected by a home rule charter or statutory city, or a 
county they shall not be subject to the state inspection fee, 
but the home rule charter or statutory city, or the county may 
impose a reasonable inspection or license fee.  A home rule 
charter or statutory city or county that does not inspect food 
vending machines shall not impose a food vending machine 
inspection or license fee. 
    (b) Vending machines dispensing only gum balls, hard candy, 
unsorted confections, bottled or canned soft drinks or ice 
manufactured and packaged by another shall be exempt from the 
state inspection fee, but may be inspected by the state, or by a 
home rule charter city or statutory city or a county which may 
impose a reasonable inspection or license fee.  A home rule 
charter or statutory city may impose by ordinance a reasonable 
inspection or license fee on the vending machines described in 
this paragraph.  A county may impose by ordinance a reasonable 
inspection or license fee on the vending machines described in 
this paragraph which are not located in a home rule charter or 
statutory city.  
    Sec. 2.  Minnesota Statutes 1982, section 145.031, 
subdivision 1, is amended to read: 
    Subdivision 1.  The commissioner of health may enter into 
an agreement with any county, two or more contiguous counties, 
or city, hereafter called the designated agent, under which 
agreement the designated agent may agree to perform all or part 
of the licensing, inspection, and enforcement duties authorized 
under sections 144.075, 144.12, 144.71 to 144.76, 327.14 to 
327.29 and chapter 157. The agreement shall also set forth 
criteria by which the commissioner will determine that the 
performance by the designated agent complies with state 
standards and is sufficient to replace licensing by the 
commissioner.  The agreement may specify minimum staff 
requirements and qualifications and provide for termination 
procedures if the commissioner finds that the designated agent 
fails to comply with the terms and requirements of the agreement.
    Sec. 3.  Minnesota Statutes 1982, section 145.55, 
subdivision 1, is amended to read: 
    Subdivision 1.  The commissioner of health hereafter called 
the state agency may enter into an agreement with any county 
which has established a health department, hereafter called the 
county agency, under the provisions of Laws 1969, chapter 235, 
or Minnesota Statutes, sections 145.47 to 145.54, under which 
agreement such county agency may agree to perform all or part of 
the licensing, inspection and enforcement duties authorized 
under the provisions of Minnesota Statutes, sections 144.075, 
144.12, 144.71 to 144.76, 327.14 to 327.29 and Chapter 157.  The 
agreement may set out requirements that the county agency comply 
with rules promulgated by the state agency for the performance 
of duties under the provisions of Minnesota Statutes, sections 
144.075, 144.12, 144.71 to 144.76, 327.14 to 327.29 and chapter 
157.  It may also set forth criteria under which the state 
agency will determine that the performance by the county agency 
complies with state standards and shall be deemed sufficient to 
replace licensing by the commissioner of health. 
    The agreement may further specify minimum staff 
requirements and qualifications and may provide for procedures 
for termination if the state agency finds that the county agency 
fails to comply with the terms and requirements of the agreement.
    Sec. 4.  Minnesota Statutes 1982, section 145.918, 
subdivision 2, is amended to read: 
    Subd. 2.  The commissioner of health may enter into an 
agreement as prescribed in section 145.55, with any county or 
city or group of counties or cities organized under the 
provisions of section 145.913 to perform all or part of the 
licensing, inspection, and enforcement duties authorized under 
the provisions of sections 144.075, 144.12, 144.71 to 144.76, 
327.14 to 327.29 and chapter 157. 
    Sec. 5.  Minnesota Statutes 1982, section 366.01, 
subdivision 2, is amended to read: 
    Subd. 2.  They may prohibit or license and regulate the 
keeping of billiard, pool, and pigeon-hole tables, games of 
amusement, games of skill, juke boxes, roller skating rinks, 
bowling alleys, circuses, shows, theatrical performances, and 
the sale of fireworks, and may license and regulate public 
dancing places, fix the price and time of continuance of such 
license, and, when in their opinion the public interest requires 
it, revoke the same.  They may license the sale of soft drinks 
and soft drink vending machines and may fix the price and 
duration of such licenses and when in their opinion the public 
interest requires it, revoke the same.  Within any platted 
residential area of the town they may license and regulate the 
presence or keeping of dogs or domestic animal pets and may 
regulate or prohibit the discharge of firearms, when deemed to 
be in the public interest. 
    Sec. 6.  [REPEALER.] 
    Minnesota Statutes 1982, sections 144.075; 375.193; and 
461.02 are repealed. 
    Approved April 25, 1984