1998 Minnesota Statutes

CHAPTER 157. Food, beverage, and lodging establishments

  157.01 Repealed, 1995 c 207 art 9 s 61 

     157.011 Rules. 

    Subdivision 1.    Establishments.  The commissioner 
 shall adopt rules establishing standards for food and beverage 
 service establishments, hotels, motels, lodging establishments, 
 and resorts. 

    Subd. 2.    Certification of food service managers.  The 
 commissioner shall: 

    (1) adopt rules for certification requirements for managers 
 of food service operations; and 

    (2) establish in rule, criteria for training and 
 certification. 

    HIST: 1995 c 165 s 11; 1996 c 451 art 4 s 46 

  157.02 Repealed, 1995 c 207 art 9 s 61 

  157.03 Repealed, 1996 c 451 art 4 s 71 

  157.031 Repealed, 1995 c 207 art 9 s 61 

  157.04 Repealed, 1995 c 207 art 9 s 61 

  157.045 Repealed, 1995 c 207 art 9 s 61 

  157.05 Repealed, 1995 c 207 art 9 s 61 

  157.06 Repealed, 1975 c 310 s 38 

  157.07 Repealed, 1975 c 310 s 38 

  157.08 Repealed, 1995 c 207 art 9 s 61 

  157.081 Repealed, 1993 c 206 s 25 

  157.082 Repealed, 1994 c 567 s 24 

  157.09 Repealed, 1994 c 567 s 24 

  157.10 Repealed, 1965 c 45 s 73 

  157.11 Repealed, 1975 c 310 s 38 

  157.12 Repealed, 1995 c 207 art 9 s 61 

  157.13 Repealed, 1995 c 207 art 9 s 61 

  157.14 Repealed, 1995 c 207 art 9 s 61 

   157.15 Definitions. 

    Subdivision 1.    Application.  The definitions in this 
 section apply to sections 157.011 and 157.15 to 157.22. 

    Subd. 2. Repealed, 1996 c 451 art 4 s 71 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of health. 

    Subd. 4.    Boarding establishment.  "Boarding 
 establishment" means a food and beverage service establishment 
 where food or beverages, or both, are furnished to five or more 
 regular boarders, whether with or without sleeping 
 accommodations, for periods of one week or more. 

    Subd. 5.    Food and beverage service establishment.  
 "Food and beverage service establishment" means a building, 
 structure, enclosure, or any part of a building, structure, or 
 enclosure used as, maintained as, advertised as, or held out to 
 be an operation that prepares, serves, or otherwise provides 
 food or beverages, or both, for human consumption. 

    Subd. 6.    Food cart.  "Food cart" means a food and 
 beverage service establishment that is a nonmotorized vehicle 
 self-propelled by the operator. 

    Subd. 7.    Hotel or motel.  "Hotel or motel" means a 
 building, structure, enclosure, or any part thereof used as, 
 maintained as, advertised as, or held out to be a place where 
 sleeping accommodations are furnished to the public and 
 furnishing accommodations for periods of less than one week. 

    Subd. 8.    Lodging establishment.  "Lodging 
 establishment" means a building, structure, enclosure, or any 
 part thereof used as, maintained as, advertised as, or held out 
 to be a place where sleeping accommodations are furnished to the 
 public as regular roomers, for periods of one week or more, and 
 having five or more beds to let to the public. 

    Subd. 9.    Mobile food unit.  "Mobile food unit" means 
 a food and beverage service establishment that is a vehicle 
 mounted unit, either motorized or trailered, operating no more 
 than 21 days annually at any one place or is operated in 
 conjunction with a permanent business licensed under this 
 chapter or chapter 28A at the site of the permanent business by 
 the same individual or company, and readily movable, without 
 disassembling, for transport to another location. 

    Subd. 10.    Person.  "Person" has the meaning given in 
 section 103I.005, subdivision 16. 

    Subd. 11.    Resort.  "Resort" means a building, 
 structure, enclosure, or any part thereof located on, or on 
 property neighboring, any lake, stream, skiing or hunting area, 
 or any recreational area for purposes of providing convenient 
 access thereto, kept, used, maintained, or advertised as, or 
 held out to the public to be a place where sleeping 
 accommodations are furnished to the public, and primarily to 
 those seeking recreation for periods of one day, one week, or 
 longer, and having for rent five or more cottages, rooms, or 
 enclosures. 

    Subd. 12.    Restaurant.  "Restaurant" means a food and 
 beverage service establishment, whether the establishment serves 
 alcoholic or nonalcoholic beverages, which operates from a 
 location for more than 21 days annually.  Restaurant does not 
 include a food cart or a mobile food unit. 

    Subd. 12a.    Seasonal permanent food stand.  "Seasonal 
 permanent food stand" means a food and beverage service 
 establishment which is a permanent food service stand or 
 building, but which operates no more than 21 days annually. 

    Subd. 13.    Seasonal temporary food stand.  "Seasonal 
 temporary food stand" means a food and beverage service 
 establishment that is a food stand which is disassembled and 
 moved from location to location, but which operates no more than 
 21 days annually at any one location. 

    Subd. 14.    Special event food stand.  "Special event 
 food stand" means a food and beverage service establishment 
 which is used in conjunction with celebrations and special 
 events, and which operates no more than three times annually for 
 no more than ten total days. 

    Subd. 15. Repealed, 1998 c 407 art 2 s 109 

    Subd. 16.    Critical control point.  "Critical control 
 point" means a point or procedure in a specific food system 
 where loss of control may result in an unacceptable health risk. 

    Subd. 17.    HACCP plan.  "Hazard analysis critical 
 control point (HACCP) plan" means a written document that 
 delineates the formal procedures for following the HACCP 
 principles developed by the National Advisory Committee on 
 Microbiological Criteria for Foods. 

    Subd. 18.    Hazard.  "Hazard" means any biological, 
 chemical, or physical property that may cause an unacceptable 
 consumer health risk.  

    HIST: 1995 c 207 art 9 s 41; 1996 c 451 art 4 s 47-55,70; 1997 
 c 203 art 2 s 19-21; 1998 c 407 art 2 s 87-91 

     157.16 Licenses required; fees. 

    Subdivision 1.    License required annually.  A license 
 is required annually for every person, firm, or corporation 
 engaged in the business of conducting a food and beverage 
 service establishment, hotel, motel, lodging establishment, or 
 resort.  Any person wishing to operate a place of business 
 licensed in this section shall first make application, pay the 
 required fee specified in this section, and receive approval for 
 operation, including plan review approval.  Seasonal and 
 temporary food stands and special event food stands are not 
 required to submit plans.  Application shall be made on forms 
 provided by the commissioner and 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 food and 
 beverage service establishment, hotel, motel, lodging 
 establishment, or resort; the name under which the business is 
 to be conducted; and any other information as may be required by 
 the commissioner to complete the application for license. 

    Subd. 2.    License renewal.  Initial and renewal 
 licenses for all food and beverage service establishments, 
 hotels, motels, lodging establishments, and resorts shall be 
 issued for the calendar year for which application is made and 
 shall expire on December 31 of such year.  Any person who 
 operates a place of business after the expiration date of a 
 license or without having submitted an application and paid the 
 fee shall be deemed to have violated the provisions of this 
 chapter and shall be subject to enforcement action, as provided 
 in the Health Enforcement Consolidation Act, sections 144.989 to 
 144.993.  In addition, a penalty of $25 shall be added to the 
 total of the license fee for any food and beverage service 
 establishment operating without a license as a mobile food unit, 
 a seasonal temporary or seasonal permanent food stand, or a 
 special event food stand, and a penalty of $50 shall be added to 
 the total of the license fee for all restaurants, food carts, 
 hotels, motels, lodging establishments, and resorts operating 
 without a license. 

    Subd. 3.    Establishment fees; definitions.  (a) The 
 following fees are required for food and beverage service 
 establishments, hotels, motels, lodging establishments, and 
 resorts licensed under this chapter.  Food and beverage service 
 establishments must pay the highest applicable fee under 
 paragraph (e), clause (1), (2), (3), or (4), and establishments 
 serving alcohol must pay the highest applicable fee under 
 paragraph (e), clause (6) or (7). 

    (b) All food and beverage service establishments, except 
 special event food stands, and all hotels, motels, lodging 
 establishments, and resorts shall pay an annual base fee of $100.

    (c) A special event food stand shall pay a flat fee of $30 
 annually.  "Special event food stand" means a fee category where 
 food is prepared or served in conjunction with celebrations, 
 county fairs, or special events from a special event food stand 
 as defined in section 157.15. 

    (d) In addition to the base fee in paragraph (b), each food 
 and beverage service establishment, other than a special event 
 food stand, and each hotel, motel, lodging establishment, and 
 resort shall pay an additional annual fee for each fee category 
 as specified in this paragraph: 

    (1) Limited food menu selection, $30.  "Limited food menu 
 selection" means a fee category that provides one or more of the 
 following: 

    (i) prepackaged food that receives heat treatment and is 
 served in the package; 

    (ii) frozen pizza that is heated and served; 

    (iii) a continental breakfast such as rolls, coffee, juice, 
 milk, and cold cereal; 

    (iv) soft drinks, coffee, or nonalcoholic beverages; or 

    (v) cleaning for eating, drinking, or cooking utensils, 
 when the only food served is prepared off site. 

    (2) Small establishment, including boarding establishments, 
 $55.  "Small establishment" means a fee category that has no 
 salad bar and meets one or more of the following: 

    (i) possesses food service equipment that consists of no 
 more than a deep fat fryer, a grill, two hot holding containers, 
 and one or more microwave ovens; 

    (ii) serves dipped ice cream or soft serve frozen desserts; 

    (iii) serves breakfast in an owner-occupied bed and 
 breakfast establishment; 

    (iv) is a boarding establishment; or 

    (v) meets the equipment criteria in clause (3), item (i) or 
 (ii), and has a maximum patron seating capacity of not more than 
 50.  

    (3) Medium establishment, $150.  "Medium establishment" 
 means a fee category that meets one or more of the following: 

    (i) possesses food service equipment that includes a range, 
 oven, steam table, salad bar, or salad preparation area; 

    (ii) possesses food service equipment that includes more 
 than one deep fat fryer, one grill, or two hot holding 
 containers; or 

    (iii) is an establishment where food is prepared at one 
 location and served at one or more separate locations. 

    Establishments meeting criteria in clause (2), item (v), 
 are not included in this fee category.  

    (4) Large establishment, $250.  "Large establishment" means 
 either: 

    (i) a fee category that (A) meets the criteria in clause 
 (3), items (i) or (ii), for a medium establishment, (B) seats 
 more than 175 people, and (C) offers the full menu selection an 
 average of five or more days a week during the weeks of 
 operation; or 

    (ii) a fee category that (A) meets the criteria in clause 
 (3), item (iii), for a medium establishment, and (B) prepares 
 and serves 500 or more meals per day. 

    (5) Other food and beverage service, including food carts, 
 mobile food units, seasonal temporary food stands, and seasonal 
 permanent food stands, $30. 

    (6) Beer or wine table service, $30.  "Beer or wine table 
 service" means a fee category where the only alcoholic beverage 
 service is beer or wine, served to customers seated at tables. 

    (7) Alcoholic beverage service, other than beer or wine 
 table service, $75. 

    "Alcohol beverage service, other than beer or wine table 
 service" means a fee category where alcoholic mixed drinks are 
 served or where beer or wine are served from a bar. 

    (8) Lodging per sleeping accommodation unit, $4, including 
 hotels, motels, lodging establishments, and resorts, up to a 
 maximum of $400.  "Lodging per sleeping accommodation unit" 
 means a fee category including the number of guest rooms, 
 cottages, or other rental units of a hotel, motel, lodging 
 establishment, or resort; or the number of beds in a dormitory. 

    (9) First public swimming pool, $100; each additional 
 public swimming pool, $50.  "Public swimming pool" means a fee 
 category that has the meaning given in Minnesota Rules, part 
 4717.0250, subpart 8. 

    (10) First spa, $50; each additional spa, $25.  "Spa pool" 
 means a fee category that has the meaning given in Minnesota 
 Rules, part 4717.0250, subpart 9. 

    (11) Private sewer or water, $30.  "Individual private 
 water" means a fee category with a water supply other than a 
 community public water supply as defined in Minnesota Rules, 
 chapter 4720.  "Individual private sewer" means a fee category 
 with an individual sewage treatment system which uses subsurface 
 treatment and disposal. 

    (e) A fee is not required for a food and beverage service 
 establishment operated by a school as defined in sections 
 120A.05, subdivisions 9, 11, 13, and 17 and 120A.22. 

    (f) A fee of $150 for review of the construction plans must 
 accompany the initial license application for food and beverage 
 service establishments, hotels, motels, lodging establishments, 
 or resorts. 

    (g) When existing food and beverage service establishments, 
 hotels, motels, lodging establishments, or resorts are 
 extensively remodeled, a fee of $150 must be submitted with the 
 remodeling plans. 

    (h) Seasonal temporary food stands and special event food 
 stands are not required to submit construction or remodeling 
 plans for review. 

    Subd. 4.    Posting requirements.  Every food and 
 beverage service establishment, hotel, motel, lodging 
 establishment, or resort must have the license posted in a 
 conspicuous place at the establishment. 

    HIST: 1995 c 207 art 9 s 42; 1996 c 451 art 4 s 56; 1997 c 203 
 art 2 s 22; 1998 c 397 art 11 s 3; 1998 c 407 art 2 s 92 

     157.17 Additional registration required for boarding and 
  lodging establishments or lodging establishments; special 
  services. 

    Subdivision 1.    Definitions.  (a) "Supportive services"
 means the provision of supervision and minimal assistance with 
 independent living skills such as social and recreational 
 opportunities, assistance with transportation, arranging for 
 meetings and appointments, and arranging for medical and social 
 services.  Supportive services also include providing reminders 
 to residents to take medications that are self-administered or 
 providing storage for medications if requested. 

    (b) "Health supervision services" means the provision of 
 assistance in the preparation and administration of medications 
 other than injectables, the provision of therapeutic diets, 
 taking vital signs, or providing assistance in dressing, 
 grooming, bathing, or with walking devices. 

    Subd. 2.    Registration.  At the time of licensure or 
 license renewal, a boarding and lodging establishment or a 
 lodging establishment that provides supportive services or 
 health supervision services must be registered with the 
 commissioner, and must register annually thereafter.  The 
 registration must include the name, address, and telephone 
 number of the establishment, the name of the operator, the types 
 of services that are being provided, a description of the 
 residents being served, the type and qualifications of staff in 
 the facility, and other information that is necessary to 
 identify the needs of the residents and the types of services 
 that are being provided.  The commissioner shall develop and 
 furnish to the boarding and lodging establishment or lodging 
 establishment the necessary form for submitting the registration.

    Housing with services establishments registered under 
 chapter 144D shall be considered registered under this section 
 for all purposes except that: 

    (1) the establishments shall operate under the requirements 
 of chapter 144D; and 

    (2) the criminal background check requirements of sections 
 299C.66 to 299C.71 apply.  The criminal background check 
 requirements of section 144.057 apply only to personnel 
 providing home care services under sections 144A.43 to 144A.48. 

    Subd. 3.    Restriction on the provision of services.  A 
 boarding and lodging establishment or lodging establishment 
 registered under subdivision 2 may provide health supervision 
 services only if a licensed nurse is on site in the 
 establishment for at least four hours a week to provide 
 monitoring of health supervision services for the residents.  A 
 boarding and lodging establishment or lodging establishment that 
 admits or retains residents using wheelchairs or walkers must 
 have the necessary clearances from the office of the state fire 
 marshal.  

    Subd. 4. Repealed, 1998 c 254 art 1 s 57 

    Subd. 5.    Services that may not be provided in a 
 boarding and lodging establishment or lodging establishment.  
 Except those facilities registered under chapter 144D, a 
 boarding and lodging establishment or lodging establishment may 
 not admit or retain individuals who: 

    (1) would require assistance from establishment staff 
 because of the following needs:  bowel incontinence, catheter 
 care, use of injectable or parenteral medications, wound care, 
 or dressing changes or irrigations of any kind; or 

    (2) require a level of care and supervision beyond 
 supportive services or health supervision services. 

    Subd. 6.    Certain individuals may provide services.  
 This section does not prohibit the provision of health care 
 services to residents of a boarding and lodging establishment or 
 lodging establishment by family members of the resident or by a 
 registered or licensed home care agency employed by the resident.

    Subd. 7.    Exemption for establishments with a human 
 services license.  This section does not apply to a boarding 
 and lodging establishment or lodging establishment that is 
 licensed by the commissioner of human services under chapter 
 245A.  

    Subd. 8.    Violations.  The commissioner may revoke the 
 establishment license if the establishment is found to be in 
 violation of this section.  Violation of this section is a gross 
 misdemeanor. 

    HIST: 1995 c 207 art 9 s 43; 1996 c 451 art 4 s 57; 1997 c 113 
 s 14,15; 1998 c 254 art 1 s 55,56 

  157.18 Repealed, 1996 c 451 art 4 s 71 

  157.19 Repealed, 1996 c 451 art 4 s 71 

     157.20 Inspection; frequency; risk categories; orders. 

    Subdivision 1.    Inspections.  It shall be the duty of 
 the commissioner to inspect, or cause to be inspected, every 
 food and beverage service establishment, hotel, motel, lodging 
 establishment, or resort.  For the purpose of conducting 
 inspections, the commissioner shall have the right to enter and 
 have access thereto at any time during the conduct of business. 

    Subd. 2.    Inspection frequency.  The frequency of 
 inspections of the establishments shall be based on the degree 
 of health risk. 

    (a) High-risk establishments must be inspected at least 
 once a year. 

    (b) Medium-risk establishments must be inspected at least 
 once every 18 months. 

    (c) Low-risk establishments must be inspected at least once 
 every two years. 

    Subd. 2a.    Risk categories.  (a)    High-risk 
 establishment.  "High-risk establishment" means any food and 
 beverage service establishment, hotel, motel, lodging 
 establishment, or resort that: 

    (1) serves potentially hazardous foods that require 
 extensive processing on the premises, including manual handling, 
 cooling, reheating, or holding for service; 

    (2) prepares foods several hours or days before service; 

    (3) serves menu items that epidemiologic experience has 
 demonstrated to be common vehicles of food-borne illness; 

    (4) has a public swimming pool; or 

    (5) draws its drinking water from a surface water supply. 

    (b)    Medium-risk establishment.  "Medium-risk 
 establishment" means a food and beverage service establishment, 
 hotel, motel, lodging establishment, or resort that: 

    (1) serves potentially hazardous foods but with minimal 
 holding between preparation and service; or 

    (2) serves foods, such as pizza, that require extensive 
 handling followed by heat treatment. 

    (c)    Low-risk establishment.  "Low-risk establishment" 
 means a food and beverage service establishment, hotel, motel, 
 lodging establishment, or resort that is not a high-risk or 
 medium-risk establishment. 

    (d)    Risk exceptions.  Mobile food units, seasonal 
 permanent and seasonal temporary food stands, food carts, and 
 special event food stands are not inspected on an established 
 schedule and therefore are not defined as high-risk, 
 medium-risk, or low-risk establishments. 

    Subd. 3.    Orders.  When, upon inspection, it is found 
 that the business and property so inspected is not being 
 conducted, or is not equipped, in the manner required by the 
 provisions of this chapter or the rules of the commissioner, or 
 is being conducted in violation of any of the laws of this state 
 pertaining to the business, it is the duty of the commissioner 
 to notify the person in charge of the business, or the owner or 
 agent of the buildings so occupied, of the condition found and 
 issue an order for correction of the violations.  Each person 
 shall comply with the provisions of this chapter or the rules of 
 the commissioner.  A reasonable time may be granted by the 
 commissioner for compliance with the provisions of this chapter. 

    HIST: 1995 c 207 art 9 s 46; 1996 c 451 art 4 s 58,59 

     157.21 Inspection records. 

    The commissioner shall keep inspection records for all food 
 and beverage service establishments, hotels, motels, lodging 
 establishments, and resorts, together with the name of the owner 
 and operator. 

    HIST: 1995 c 207 art 9 s 47; 1996 c 451 art 4 s 60 

     157.215 Pilot project. 

    The commissioner of health is authorized to issue a request 
 for participation to the regulated food and beverage service 
 establishment industry and to select up to 25 pilot projects 
 utilizing HACCP quality assurance principles for monitoring risk.

    HIST: 1997 c 203 art 2 s 23 

     157.22 Exemptions. 

    This chapter shall not be construed to apply to: 

    (1) interstate carriers under the supervision of the United 
 States Department of Health and Human Services; 

    (2) any building constructed and primarily used for 
 religious worship; 

    (3) any building owned, operated, and used by a college or 
 university in accordance with health regulations promulgated by 
 the college or university under chapter 14; 

    (4) any person, firm, or corporation whose principal mode 
 of business is licensed under sections 28A.04 and 28A.05, is 
 exempt at that premises from licensure as a food or beverage 
 establishment; provided that the holding of any license pursuant 
 to sections 28A.04 and 28A.05 shall not exempt any person, firm, 
 or corporation from the applicable provisions of this chapter or 
 the rules of the state commissioner of health relating to food 
 and beverage service establishments; 

    (5) family day care homes and group family day care homes 
 governed by sections 245A.01 to 245A.16; 

    (6) nonprofit senior citizen centers for the sale of 
 home-baked goods; and 

    (7) food not prepared at an establishment and brought in by 
 members of an organization for consumption by members at a 
 potluck event. 

    HIST: 1995 c 207 art 9 s 48