§ 188.580. Emergency closure of licensed food establishment.

(a) Summary closure conditions. The environmental health division may summarily close any licensed food establishment for the following reasons:

(1)

Any one (1) of the following conditions exist on, or result from, the operation of the licensed premises:

a.

Evidence of a sewage backup in a food establishment to such an extent that the floor in food preparation, storage or warewashing areas has been flooded.

b.

No potable hot or cold water under pressure to a food establishment to such an extent that handwashing, warewashing, food preparation, or toilet facilities are not operational.

c.

A lack of electricity or gas service to a food establishment to such an extent that handwashing, warewashing, food preparation, or toilet facilities are not operational.

d.

Evidence of an ongoing food-borne illness caused by the operation of the establishment.

e.

More than one (1) violation within thirty (30) days of holding potentially hazardous foods between fifty (50) degrees Fahrenheit and one hundred thirty (130) degrees Fahrenheit.

f.

Lack of an accessible, previously approved handwashing facility in the food preparation area, or three (3) violations within thirty (30) days for improper maintenance of approved handwashing facilities, such as lack of soap or single-service hand towels.

g.

Lack of an approved and presently operable dishwashing system on-premises, where food preparation utensils and/or reusable eating utensils are used as part of the business.

h.

The presence of gnawed or rodent contaminated (urine stained) food product.

i.

An infestation of rodents to such an extent that one (1) live mouse or rat is observed within the premises of the food establishment or there is the accumulation of fresh mouse droppings in more than one (1) location in either the food preparation or storage areas, or the presence of fresh rat droppings in one (1) location in the food storage or preparation areas.

j.

An infestation of cockroaches in the premises to such an extent that six (6) or more live cockroaches are observed in the food preparation area or storage area, or there is the presence of one (1) cockroach in food caused by the operation of the food establishment.

k.

The presence of flies breeding in the licensed food establishment as shown by the presence of eggs or maggots.

l.

The presence of any condition that poses an imminent risk of substantial harm to the public health, safety or welfare.

(2)

Lack of a license required by Title 10, Chapter 188 of the Minneapolis Code of Ordinances.

(b)

Procedure for emergency closure.

(1)

Order to be issued. If the environmental health division, following an on-site inspection determines that any of the grounds for emergency closure exist in a licensed food establishment, an order for emergency closure may be summarily issued on such form as the environmental health division shall promulgate. Such order shall: Identify the licensed food establishment; describe the specific grounds upon which the closure is based; state by what time the patrons must vacate; state that a hearing on the emergency closure can be requested by owner or manager by informing the environmental health division; and be signed by an environmental health division representative. Such order shall be served on the owner, manager or apparent person in charge of the premises who shall thereupon close the premises, which shall remain closed pending either approval of the environmental health division of the abatement of the condition(s) giving rise to the emergency closure, or final order of the environmental health division after hearing as provided in subsection (2) below.

(2)

Hearing. Upon written request, a hearing to consider whether the establishment may reopen, and the conditions, if any, to be imposed for such reopening, shall be commenced no later than three (3) business days after receipt of the written request. The environmental health division shall render a written decision within two (2) business days after conclusion of the hearing.

(c)

Violation. Any of the following is punishable as a misdemeanor:

(1)

Failure of the owner, manager or apparent person in charge to close a licensed food establishment and/or vacate the patrons from the establishment after service of an order for emergency closure.

(2)

Failure of any person to leave a licensed food establishment subject to an order for emergency closure upon being ordered to leave by the environmental health division. (99-Or-119, § 1, 10-29-99; 2000-Or-060, § 1, 7-14-00; 2013-Or-136, § 28, 12-6-13)