2010-14CITY OF RICHFIELD
STATE OF MINNESOTA
BILL NO. 2010-14
AN ORDINANCE AMENDING THE CITY CODE: PERTAINING TO
INSPECTION AND REGULATION OF LODGING ESTABLISHMENTS
IN THE CITY OF RICHFIELD.
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The Richfield City Code is amended by repealing section 1190.
Sec. 2. The Richfield City Code is amended by adding a new Section 618
as follows:
Section 618 - Lodging establishments
618.01. Findings and Purpose. This section is enacted to establish
standards for the regulation of lodging establishments in Richfield in order
to protect the health, safety and general welfare of the public pursuant to
the powers granted under Minnesota Statutes, Chapter 145A. The
principal objectives of this section of the City Code are to prevent illness,
to correct and prevent conditions that may adversely affect persons
utilizing licensed establishments, to provide consistent standards for
design, ,construction, operation and maintenance of licensed
establishments, and to meet the consumer expectations of health and
safety of licensed establishments.
For the purpose of prescribing regulations governing lodging
establishments, the City of Richfield hereby adopts the following rules and
statutes as may be amended or recodified from time to time:
(a) Minnesota Statutes, Chapters 157 and 327; and
(b) Minnesota Rules, Part 4625; and
(c) Minnesota Rules, Part 4717.7000, subpart 1(D).
618.03. Definitions.
Subd. 1. "Health Authority" means the City of Richfield Public
Safety Department and its qualified designated employees or agents as
the Richfield City Council may designate.
Subd. 2. "Issuing Authority: means the City of Richfield Public
Safety Division and its qualified designated agents as the Richfield City
Council may designate.
1
Subd. 3. "Lodging Establishment" is defined in Minnesota Statutes,
Section 157.15. Lodging establishments include, but are not limited to,
hotels, motels, lodging houses, and boarding houses.
618.05. Authority. The City of Richfield regulates lodging establishments
through delegation of authority from the Minnesota Department of Health
and in conjunction with a designee or contractor.
618.07. License Required. No person shall operate a lodging
establishment within the City of Richfield or engage in any enterprises
described in this Code, without first obtaining and having a valid license as
provided herein. The application for such license shall be made on forms
furnished by the City of Richfield and shall describe the general nature of
the business, its location, and any other information deemed necessary by
the City. The application must be in the name of the owner of the real
property on which the licensed premises are situated and bear the
signature of the owner or that of the owner's authorized agent.
618.09. License Fees. License fees shall be as set forth in Appendix D of
this Code. Initial and renewal licenses shall be issued for the calendar
year for which application is made and shall expire on December 31 of
such year. License renewals shall be obtained on an annual basis.
618.11. License Application Execution, Verification and Consideration.
Subdivision 1. Execution. If the application is that of an individual,
the application shall be signed and sworn to by that person; if of a
corporation, by an officer thereof; if of a partnership, by one of the general
partners; if of an unincorporated association, by the manager or managing
officer.
Subd. 2. Verification. Applications for licenses under this section
shall be submitted to the Issuing Authority. The Issuing Authority is
empowered to conduct any and all investigations to verify the information
on the application, including ordering a computerized criminal history
inquiry and/or a driver's license history inquiry on the applicant. The
issuing authority may also accept the reports of other governmental
inspection agencies.
Subd. 3. Consideration. Within a reasonable period after the
completion of the license verification process by the Issuing Authority, the
Issuing Authority shall accept or deny the license application in
accordance with this section. If the application is denied, the .Issuing
Authority shall notify the applicant of the determination in writing. The
2
notice shall be mailed by regular mail to the applicant at the address
provided in the application and it shall inform the applicant of the
applicant's right, within twenty (20) days after receipt of the notice by the
applicant, to request an appeal of the Issuing Authority's determination to
the City Council. If an appeal to the City Council is timely received by the
Issuing Authority, the hearing before the City Council shall take place
within a reasonable period after receipt of the appeal by the Issuing
Authority.
618.13. Persons and Locations Ineligible for License.
Subdivision 1. Persons Ineligible. No license shall be granted if
the applicant:
(a) Is not a citizen of the United States or a resident alien, or
does not have the legal authority to work within the United States;
(b) Is not of good moral character and repute;
(c) Is not eighteen (18) years of age or older on the date the
application is submitted to the Issuing Authority;
(d) Has been convicted of a crime that directly relates to the
occupation herein licensed, as defined by Minnesota Statutes, Section
364.03, subdivision 2, as amended, and has .not shown competent
evidence of sufficient rehabilitation and present fitness to perform the
duties of the occupation to which this license applies as defined by
Minnesota Statutes, Section 364.03, subdivision 3, as amended;
(e) Has had a license similar to this section's license revoked by
any other government body within three (3) years before the application
date;
(f) Has been denied a license by the City because of
circumstances, which occurred within three (3) years before the
application date;
(g) Has violated any provision of this section within three (3)
years before the application date, or has violated any provision of this
section during the application period pending the issuance of the license;
(h) Has falsified any information or omitted material information
required by this section; or
3
(i) Owes taxes or assessments to the State, County, School
District, or City that are due and delinquent.
Subd. 2. Locations Ineligible. The following locations shall be
ineligible for a license under this Division:
(a) Taxes due on property. No license shall be granted or
renewed for operation on any property on which taxes, assessments, or
other financial claims of the State, County, School District, or City are past
due, delinquent, or unpaid. In the event a suit has been commenced
under Minnesota Statutes, Section 278.01 - 278.13, as amended,
questioning the amount or validity of taxes, the City Council may, on
application, waive strict compliance with this provision; no waiver may be
granted, however, for taxes or any portion thereof which remain unpaid for
a period exceeding one (1) year after becoming due.
(b) Improper zoning. No license shall be granted or renewed if
the property is not properly zoned under Chapter 5 of this Code unless the
use is a legal, nonconforming use.
618.15. Additional Health and Safety Standards: This Article specifically
adopts the following additional standards for health and safety to
Minnesota Rules, Chapter 4625:
(a) The proprietor of each lodging establishment shall at all
times place and maintain a number or other designation on each lodging
unit and shall provide and keep a guest register containing the name of
each and every person staying at such lodging establishment and
occupying a lodging unit therein.
(b) In addition to the name of each person registered for the
unit, the proprietor of such lodging establishment shall also include the
place of residence of the person whose name is so registered, the license
number of any automobile in which such person is traveling, and the
number or other designation of the lodging unit or space occupied by the
guest in such lodging establishment.
(c) This register must be shown to law enforcement agents
upon request without any further legal authority.
618.17. Variances. Subdivision 1. Administrative Variance Request.
Relief from strict compliance with the requirements of this section 618 and
those parts of Minnesota Rules, Chapter 4625 hereof may be granted in
the form of a variance, to the extent allowed by Minnesota Rules, parts
4
4625.2355. The variance application must be from the party to whom the
requirement applies and must be in writing and submitted to the Health
Authority, including, at a minimum, the following information:
(a) the full name, address, daytime and evening telephone
numbers of the party requesting a variance;
(b) the address of the licensed premises;
(c) the relationship of the party requesting a variance to the
licensed premises;
(d) the specific reasons why the requirements of City Code
cannot be met;
(e) a description of alternative measures that will be taken to
ensure a comparable degree of protection to the health or the
environment if a variance is granted;
(f) the length of time for which a variance is requested;
(g) a statement that the party applying for the variance will
comply with the terms of the variance, if granted; and
(h) other relevant information the City determines necessary to
properly evaluate the request for a variance.
Subd. 2. Criteria for Variance. The Health Authority may grant a
variance request upon making all of the following findings of fact in writing:
(a) the variance was requested in the manner prescribed by this
section of City Code;
(b) science-based evidence that the variance will have no
potential adverse effect or impact on public health, safety or the
environment;
(c) the alternative measures to be taken, if any, are equivalent
to or superior to those prescribed by this City Code;
(d) strict compliance with this section(s) of City Code will impose
an undue burden on the applicant;
5
(e) the variance does not vary a statutory standard or preempt
federal law or rule;
(f) the variance has only future effect;
(g) the applicant agrees in writing to comply with all of the terms
and conditions of the variance and understands that a violation thereof
may invalidate the variance and may result in enforcement actions, and
the imposition of penalties, including license suspension or revocation.
Subd. 3. Conditional Variances. The Health Authority in granting a
variance may attach any conditions that are deemed necessary to protect
the public health, safety or the environment. It is the duty of the variance
applicant to notify the Health Authority in writing within 30 days of any
material change in the conditions upon which the variance was granted.
Failure to comply with all of the stated conditions of the variance may
invalidate the variance and may result in enforcement actions.
Subd. 4. Notification of Decision. The Health Authority shall notify
the applicant for a variance of its decision to grant or deny the variance in
writing. If the variance is granted, the notice shall specify the period of
time for which the variance remains in effect and the conditions, if any,
attached to the variance. If the variance request is denied, reasons for the
denial shall be set forth in the notice.
Subd. 5. Renewal of Variance. For those variances granted with a
specific expiration date, a request to renew that variance must be made at
least 30 days prior to its expiration date on such forms as provided by the
City, which shall include at a minimum the information set forth in original
request. There is no continuing right to a variance unless specified in the
variance approval. The Health Authority in granting a renewal request
shall consider all of the criteria set forth in this Section.
Subd. 6. Denial. Revocation or Refusal to Renew. The Health
Authority shall deny, revoke or deny renewal of a variance where the
criteria set forth in this section is not met. The variance applicant may
appeal that decision in writing within thirty (30) days of the date of the
written notice of denial, setting forth in detail the basis for the applicant's
position that the variance criteria set forth in this section have been met
and attaching all documentation in support thereof. A hearing shall be
held within forty-five (45) calendar days thereof following the procedures
set forth in subsection 325.20 of this City Code, as amended.
6
Subd. 7. Emergency Recovery. Temporary variances may be
granted to licensees to operate during and following natural or man-made
disasters for the benefit of the public while maintaining the intent of City,
state and federal regulations to protect the .public's health. Temporary
variances for emergency recovery may be both initiated by the licensee
and approved by the Health Authority verbally.
618.19 Suspension or Revocation of a License.
Subdivision 1. Suspension or Revocation. The City Council may
suspend or revoke a license issued pursuant to this section for a violation
of:
(a) Fraud, misrepresentation, or false statement contained in a
license application or a renewal application.
(b) Fraud, misrepresentation, or false statement made in the
course of carrying on the licensed occupation or business.
(c) Any violation of this section or state law.
(d) A licensee's criminal conviction that is directly related to the
occupation or business licensed as defined by Minnesota Statutes,
Section 364.03, subdivision 2, as amended, provided that the licensee
cannot show competent evidence of sufficient rehabilitation and present
fitness to perform the duties of the licensed occupation or business as
defined by Minnesota Statutes, Section 364.03, subdivision 3, as
amended.
(e) Conducting the licensed business or occupation in an
unlawful manner or in such a manner as to constitute a breach of the
peace or to constitute a menace to the health, safety, or general welfare of
the community.
Subd. 3. Notice and Hearing. A revocation or suspension by the
City Council shall be preceded by written notice to the licensee and a
hearing. The notice shall give at least eight (8) days' notice of the time
and place of the hearing and shall state the nature of the charges against
the licensee. The notice shall be mailed by regular mail to the licensee at
the most recent address listed on the license application.
618.21. Plan Review. Construction shall not commence on any new or
remodeled lodging establishment or any existing structure converted to a
lodging establishment until the Health Authority has reviewed and
7
approved the plans and specifications. Those construction projects being
expedited under the fast track building permit process, shall not have any
equipment or floor, wall or ceiling finish materials installed until the Health
Authority has reviewed and approved the plans and specifications.
Subdivision 1. Submission of Plans.
(a) Two complete sets of plans and specifications shall be
submitted to the Health Authority for review.
(b) One full set of plans approved by the Health Authority shall
be maintained on site of the construction project.
(c) All building, electrical, plumbing and HVAC plans as
applicable must be submitted to the Building and Inspection Division and
the Health Authority.
Subd. 3. Plan Review Fees. Fees for plan review of new or
remodeled lodging establishments shall be those set by the City. If work
has commenced prior to approval of construction or remodeling plans,
additional fees may be assessed.
Subd. 4. Additional .Criteria. The plans and specifications for a
lodging establishment shall include:
(a) The proposed layout to-scale, mechanical schematics,
construction materials, and finish schedules;
(b) The proposed equipment types, manufacturers, model
numbers, locations, dimensions, performance capabilities, and installation
specifications; and
(c) Other information that may be required by the Health
Authority for the proper review of the proposed construction, conversion,
or modification.
618.23. Inspections. Subdivision 1. The Health Authority shall inspect
each lodging establishment prior to issuing a license and as deemed
necessary by the Health Authority. The Health Authority shall not issue a
license until the lodging establishment complies with the standards of this
section as demonstrated by a satisfactory inspection.
8
Subd. 2. The Health Authority, after proper identification, shall
have the right to enter and have access to the lodging establishment at
any time during the conduct of business.
Subd. 3. The Health Authority shall inspect each lodging
establishment as frequently as necessary during construction, and prior to
opening for service to the public, to ensure that construction and
operations are in conformance with this section.
Subd. 4. The Health Authority shall inspect each lodging
establishment at a frequency no less often than State law requires.
Subd. 5. The licensee, owner, or operator of a lodging
establishment upon receipt of a health inspection report giving notice of
violations of this section shall correct or remove each violation in the
length of time determined by the Health Authority. Critical violations shall
be complied with immediately or within 24 hours if not otherwise specified
by the Health Authority. Failure to remove or correct each violation within
the specified time period shall constitute a separate violation of this
section. The Health Authority may issue orders to halt construction or
remodeling, or to take corrective measures to ensure compliance with this
section.
Subd. 6. The person in charge of the lodging establishment shall
make available and- allow copying of any and all relevant records
necessary to ascertain compliance with this section within a reasonable
time period.
618.25. Grounds for Emergency Closure. If any of the following
conditions exist, the operator or person in charge may be ordered to
discontinue all operations of the lodging establishment until such time as
the Health Authority confirms the correction of the violation:
Subdivision 1. Failure to possess a license as required by section
618.07, as amended;
Subd. 2. Lack of potable, plumbed, hot or cold water to the extent
that hand washing, laundry facilities or toilet facilities are not operational;
Subd. 3. Lack of electricity or gas service to the extent that hand
washing, laundry facilities, ventilation, lighting, or toilet facilities are not
operational;
9
Subd. 4. Evidence of an ongoing illness associated with the
operation of the lodging establishment;
Subd. 5. Significant damage to the lodging establishment due to
tornado, fire, flood, or other disaster;
Subd. 6. Evidence of an extensive infestation of rodents or other
vermin;
Subd. 7. Evidence of cross contamination, filthy conditions, or poor
personal hygiene to the extent of posing an imminent health risk;
Subd. 8. Misuse of poisons or toxic materials; or
Subd. 9. The existence of any public health nuisance, as defined in
Minnesota Statutes, Section 145A.02, Subdivision 17, as amended.
618.27. Severability. If any subsection, sentence, clause, or phrase of
this section is for any reason held to be invalid, such decision does not
affect the validity of the remaining portion of this section. The City Council
hereby declares that it would have adopted the section in each section,
subsection, sentence, clause, or phrase thereof, irrespective- of the fact
that any one or more subsections, sentences, clauses, or phrases be
declared invalid.
618.29: Penalty. A violation of this section shall be a misdemeanor under
Minnesota law. Civil penalties shall be subject to assessment pursuant to
section 13.13 of the City Charter and section 325.30 of this City Code.
However, nothing in this section shall be construed to limit the City's other
available legal remedies for any violation of the law, including licensing
sanctions, criminal, civil, and injunctive actions. In addition, violations or
failure to pay civil fines may result in future license ineligibility.
Sec. 3. This ordinance shall be effective as provided in section 3.09 of the
Richfield City Charter.
Adopted by the City Council oft 'ty of Richfield, Minnesota this 1 t" day
of September, 2010.
Debbie Goettel, Mayor
ATTEST:
w~ n
//
Nancy Gibbs, ty Clerk
10