The COVID Project
The record
- Jurisdiction
- Minnesota
- Level
- State
- Authority
- Minn. Stat. § 157.20; § 157.16 (licenses); § 144.99 (enforcement)
- Effective
- standing
- End
- standing (read as 2021-09-30)
- In force
- Standing (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureStanding dutyOperating condition
- Addressees
- specified businesses (food and beverage service establishments, hotels, motels, lodging establishments, resorts, public pools) and the owner or agent of the buildings they occupy
- Character
- sanitary code duty
- Collection
- Standing duties: Minnesota DUT-MN
Operative words
When, upon inspection, it is found that the business and property so inspected... 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... 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.
Penalty
Operation without a license or after expiration is 'subject to enforcement action, as provided in the Health Enforcement Consolidation Act, sections 144.989 to 144.993' (§ 157.16 subd. 2, read); § 144.99 remedies (DUT-MN-004): correction orders, administrative penalties up to $10,000, injunction, 72-hour cease-and-desist, license denial; MDH applied them to restaurants violating EO 20-99 in December 2020 (DUT-MN-016).
What it required
Every licensed food and beverage service establishment, hotel, motel, lodging establishment, resort and public pool was subject to inspection 'at any time during the conduct of business' and to correction orders whenever it was 'being conducted in violation of any of the laws of this state pertaining to the business'; 'Each person shall comply with the provisions of this chapter or the rules of the commissioner.'
Retrieval noteSubd. 3 closes: '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.' Subd. 1: 'It shall be the duty of the commissioner to inspect, or cause to be inspected, every public pool, 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.' The phrase 'any of the laws of this state pertaining to the business' reached the emergency orders, which had 'the full force and effect of law' (§ 12.32); EO 20-99 expressly 'encouraged' State and local licensing and regulatory entities 'to assess regulated businesses' compliance with this Executive Order and use existing enforcement tools' (Ex. MN-032).