The COVID Project
The record
- Jurisdiction
- Minnesota
- Level
- State
- Authority
- Minn. Stat. § 144.99
- 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 duty
- Addressees
- specified businesses (food and beverage service establishments, hotels, motels, lodging, resorts, pools and every person regulated under the listed statutes and rules); persons generally subject to health rules and orders
- Character
- order penalty
- Collection
- Standing duties: Minnesota DUT-MN
Operative words
The commissioner, or an employee of the department designated by the commissioner, may issue an order to cease an activity covered by subdivision 1 if continuation of the activity would result in an immediate risk to public health. An order issued under this paragraph is effective for a maximum of 72 hours.
Penalty
Administrative penalty up to $10,000 per violator per inspection (subd. 4); injunction (subd. 5); 72-hour cease-and-desist order and posted sign (subd. 6); license denial, non-renewal or conditioning (subd. 8).
What it required
It armed the Department of Health with entry onto 'any property, public or private', correction orders, administrative penalty orders ('The maximum amount of an administrative penalty order is $10,000 for each violator for all violations by that violator identified in an inspection'), district-court injunctions, 72-hour cease-and-desist orders with posted closure signs, and denial or non-renewal of licenses for 'unresolved violations', for chapter 157 establishments and for every rule and order 'for the preservation of public health'.
Retrieval noteSubd. 1 makes 'chapters 103I and 157... and all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, registrations, certificates, and permits adopted or issued by the department or under any other law now in force or later enacted for the preservation of public health' enforceable under the section. The Attorney General's December 16, 2020 statement (DUT-MN-016) describes MDH's use of these tools against restaurants violating EO 20-99: cease-and-desist orders, a temporary restraining order against Havens Garden (Lynd, Minn.) on December 12, 2020, monetary penalties 'to a maximum of $10,000', license suspension and revocation.