Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 632-S.F.No. 1455 
           An act relating to health; exempting schools from 
          license fee requirements of the department of health; 
          amending Minnesota Statutes 1982, section 157.03.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 157.03, is 
amended to read: 
    157.03 [LICENSES REQUIRED; FEES.] 
    Each year every person, firm, or corporation engaged in the 
business of conducting an hotel, motel, restaurant, lodging 
house, boarding house, or resort, or place of refreshment, or 
who shall hereafter engage in conducting any such business, 
except vending machine operators licensed under the license 
provisions of sections 28A.01 to 28A.16, must procure a license 
for each hotel, motel, restaurant, lodging house, boarding 
house, or resort, or place of refreshment so conducted.  For any 
hotel, motel or resort in which food, fountain, or bar service 
is furnished, one license, in addition to the hotel or resort 
license, shall be sufficient for all restaurants and places of 
refreshment conducted on the same premises and under the same 
management with the hotel, motel or resort.  Each license shall 
expire and be renewed as prescribed by the commissioner pursuant 
to section 144.122.  Any proprietor who operates a place of 
business after the expiration date without first having made 
application for a license and without having made payment of the 
fee thereof shall be deemed to have violated the provisions of 
this chapter and be subject to prosecution, as provided in this 
chapter.  In addition thereto, a penalty in an amount prescribed 
by the commissioner pursuant to section 144.122 shall be added 
to the amount of the license fee and paid by the proprietor, as 
provided herein, if the application has not reached the office 
of the state commissioner of health within 30 days following the 
expiration of license; or, in the case of a new business, 30 
days after the opening date of the business.  The state 
commissioner of health shall furnish to any person, firm or 
corporation desiring to conduct an hotel, motel, restaurant, 
lodging house, boarding house, or resort, or place of 
refreshment an application blank to be filled out by the person, 
firm, or corporation, for a license therefor, which 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 hotel, motel, restaurant, lodging house, boarding 
house, or resort, or place of refreshment, the location of the 
same, the name under which the business is to be conducted, and 
any other information as may be required therein by the state 
commissioner of health to complete the application for license.  
The application shall be accompanied by a license fee as 
hereinafter provided. 
    For hotels, motels, lodging houses, and resorts the license 
fee may be graduated according to the number of sleeping rooms 
and the amount of the fees shall be prescribed by the state 
commissioner of health pursuant to section 144.122. 
    For restaurants, places of refreshment, and boarding houses 
the license fee may be based on the average number of 
employees.  If the license fee is so computed, the commissioner 
shall consider each full time employee as one employee and each 
part time employee as that fraction of one employee as the 
number of months in which he is employed is to the 12 months of 
the year.  Employees shall include all persons, except children 
of the licensee under the age of 18, at work in any capacity, 
either voluntary or paid, and whether or not reported under the 
labor laws of this state. 
    If the license fee is based upon the average number of 
employees, every licensee shall, at the time of application, 
certify as to the number of his employees on forms provided by 
the state commissioner of health and the state commissioner of 
health shall have access, on demand, to any and all employment 
records for purposes of substantiating or correcting numbers of 
declared employees. 
    License fees for restaurants, places of refreshment, and 
boarding houses shall be in an amount prescribed by the state 
commissioner of health pursuant to section 144.122. 
    No school, as defined in sections 120.05 and 120.10, 
subdivision 2, may be required to pay a license fee. 
    Approved May 2, 1984