Title
Granting temporary reciprocity to holders of valid state-issued Seasonal Temporary Food Stand licenses.
Body
WHEREAS, the City previously licensed special event food establishments for more than three events per year;
WHEREAS, state law limits special event food licenses to no more than three events per year, and is therefore more restrictive;
WHEREAS, the state licenses food establishments that operate for more than three events per year, but that are not restaurant operations, as Seasonal Temporary Food Stands with enhanced safety standards;
WHEREAS, Legislative Code section 331A.02 states that "in the event of a conflict between the provisions of this chapter and the provisions of any other ordinances, statutes, rules and/or regulations to which a food establishment is subject, the most restrictive ordinance, statute, rule or regulation shall apply." Based on the plain language of this ordinance, more restrictive state statutes and regulations for seasonal temporary food stands apply to Saint Paul establishments;
WHEREAS, the City Council is currently considering Ordinance No. 13-33, which will amend Legislative Code section 331A.04 to restate state statute and expressly create a Seasonal Temporary Food Stand license type in the City's Legislative Code;
WHEREAS, the City Council anticipates that Ordinance 13-33 will become effective on or before August 1, 2013; and
WHEREAS, while the ordinance amendment is pending, vendors with state-issued Seasonal Temporary Food Stand licenses are requesting additional clarification regarding their license status in the City of Saint Paul.
NOW THEREFORE BE IT RESOLVED that the Department of Safety and Inspections is hereby directed to recognize state-issued Seasonal Temporary Food Stand licenses on a reciprocity basis until Ordinance 13-33 goes into effect.
BE IT FURTHER RESOLVED that once Ordinance 13-33 becomes effective, the Department of Safety and Inspections is directed to imm...
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