Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 311-H.F.No. 1699 
           An act relating to licenses; requiring operators of 
          campgrounds and manufactured home parks to procure a 
          license; amending Minnesota Statutes 1984, section 
          157.03.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 157.03, is 
amended to read:  
    157.03 [LICENSES REQUIRED; FEES.] 
    Each year every person, firm, or corporation engaged in the 
business of conducting an hotel, motel, restaurant, lodging 
house, boarding house, or resort, or place of refreshment, or 
who shall hereafter engage in conducting any such business, 
except vending machine operators licensed under the license 
provisions of sections 28A.01 to 28A.16, must procure a license 
for each hotel, motel, restaurant, lodging house, boarding 
house, or resort, or place of refreshment so conducted.  For any 
hotel, motel, or resort, campground, or manufactured home park 
as defined in section 327.15, in which food, fountain, or bar 
service is furnished, one license, in addition to the hotel, or 
resort, manufactured home park, or campground license, shall be 
sufficient for all restaurants and places of refreshment 
conducted on the same premises and under the same management 
with the hotel, motel, or resort, manufactured home park, or 
campground.  Each license shall expire and be renewed as 
prescribed by the commissioner pursuant to section 144.122.  Any 
proprietor who operates a place of business after the expiration 
date without first having made application for a license and 
without having made payment of the fee thereof shall be deemed 
to have violated the provisions of this chapter and be subject 
to prosecution, as provided in this chapter.  In addition 
thereto, a penalty in an amount prescribed by the commissioner 
pursuant to section 144.122 shall be added to the amount of the 
license fee and paid by the proprietor, as provided herein, if 
the application has not reached the office of the state 
commissioner of health within 30 days following the expiration 
of license; or, in the case of a new business, 30 days after the 
opening date of the business.  The state commissioner of health 
shall furnish to any person, firm or corporation desiring to 
conduct an hotel, motel, restaurant, lodging house, boarding 
house, or resort, or place of refreshment an application blank 
to be filled out by the person, firm, or corporation, for a 
license therefor, which shall require the applicant to state the 
full name and address of the owner of the building, structure, 
or enclosure, the lessee and manager of the hotel, motel, 
restaurant, lodging house, boarding house, or resort, or place 
of refreshment, the location of the same, the name under which 
the business is to be conducted, and any other information as 
may be required therein by the state commissioner of health to 
complete the application for license.  The application shall be 
accompanied by a license fee as hereinafter provided. 
     For hotels, motels, lodging houses, and resorts the license 
fee may be graduated according to the number of sleeping rooms 
and the amount of the fees shall be prescribed by the state 
commissioner of health pursuant to section 144.122. 
     For restaurants, places of refreshment, and boarding houses 
the license fee may be based on the average number of 
employees.  If the license fee is so computed, the commissioner 
shall consider each full time employee as one employee and each 
part time employee as that fraction of one employee as the 
number of months in which he is employed is to the 12 months of 
the year.  Employees shall include all persons, except children 
of the licensee under the age of 18, at work in any capacity, 
either voluntary or paid, and whether or not reported under the 
labor laws of this state. 
    If the license fee is based upon the average number of 
employees, every licensee shall, at the time of application, 
certify as to the number of his employees on forms provided by 
the state commissioner of health and the state commissioner of 
health shall have access, on demand, to any and all employment 
records for purposes of substantiating or correcting numbers of 
declared employees. 
    License fees for restaurants, places of refreshment, and 
boarding houses shall be in an amount prescribed by the state 
commissioner of health pursuant to section 144.122. 
    No school, as defined in sections 120.05 and 120.10, 
subdivision 2, may be required to pay a license fee. 
    Approved February 24, 1986