Public notices
PUBLISH
(January 8, 15, 2019)
STATE OF
MINNESOTA
COUNTY OF BROWN
DISTRICT COURT
FIFTH JUDICIAL
DISTRICT PROBATE
DIVISION
Court File No.:
08-PR-18-1253
In Re: Estate of David
E. Ayer, Decedent
NOTICE OF AND
ORDER FOR HEAR-
ING ON PETITION
FOR FORMAL PRO-
BATE OF WILL AND
APPOINTMENT OF
PERSONAL
REPRESENTATIVE
AND NOTICE TO
CREDITORS
It is Ordered and No-
tice is given that on
February 4, 2019, at
9:00 a.m., a hearing
will be held in this
Court at New Ulm,
Minnesota, on a peti-
tion for the formal pro-
bate of an instrument
purporting to be the
Decedent’s Will dated
December 5, 1996,
and for the appoint-
ment of Rachel Ayer,
whose address is 226
North State Street, Apt
2, New Ulm, Minnesota
56073 and Ann M.
Ayer, whose address is
517 Second South
Street, New Ulm, Min-
nesota 56073, as
co-personal represen-
tatives of the
Decedent’s estate in
an unsupervised ad-
ministration.
Any objections to the
petition must be raised
at the hearing or filed
with the Court prior to
the hearing. If the peti-
tion is proper and no
objections are filed or
raised, the co-personal
representatives will be
appointed with the full
power to administer the
Decedent’s estate, in-
cluding the power to
collect all assets; pay
all legal debts, claims,
taxes, and expenses;
sell real and personal
property; and do all
necessary acts for the
Decedent’s estate.
Notice is further given
that, subject to Minn.
Stat. 524.3-801, all
creditors having claims
against the Decedent’s
estate are required to
present the claims to
the personal represen-
tative or to the Court
within four (4) months
after the date of this
notice or the claims will
be barred.
BY THE COURT
Dated: December 31,
2018
Michelle A Dietrich
Judge of District Court
Nancy L. Solberg
Court Administrator /
deputy
NIERENGARTEN &
HIPPERT, LTD.
Roger H. Hippert
MN# 45391
11 North Minnesota
Street New Ulm, MN
56073-0214
Telephone:
507-359-2991
e-mail:
rhip99@hotmail.com
ATTORNEY FOR
PETITIONERS
PUBLISH
(January 15, 2019)
Notice of Public
Hearing
on the Amendment of
the Brown County
Ordinance Providing
for the Regulation of
Food and Beverage
Establishments
A Public Hearing will
be held on the 5th day
of February, 2019, at
10:00 AM, at the meet-
ing of the Brown Coun-
ty Board of Commis-
sioners in the Commis-
sioners Room 204 of
the Brown County
Courthouse, 14 S.
State St. New Ulm,
Minnesota, for the pur-
pose of hearing con-
cerns, receiving tes-
timony, and other infor-
mation regarding the
proposed amendments
to the following existing
Brown County Ordi-
nance.
The following is a sum-
mary pursuant to Min-
nesota Statutes Sec-
tion 375.51 and Min-
nesota Statutes
331A.01, of sections
within the following
Brown County Ordi-
nance which may be
amended:
The Brown County
Ordinance Providing
for the Regulation of
Food and Beverage
Establishments:
This Ordinance pro-
vides standards for
Food and/or Beverage
Establishments and
authority to protect the
health, safety, and
general welfare of the
public. This Ordinance
establishes minimum
standards as defined in
the Minnesota Food
Code, Minnesota
Rules, Parts
4626.0010 to
4626.1855, except
Certification of Food
Protection Managers
under Minnesota Sta-
tutes Section 157.16,
subdivision 2(a), and
Minnesota Rules, Parts
4626.0033, subparts
G, H, I, J, K, L, M, N,
and O, and this Ordi-
nance; for the design,
construction, operation,
and maintenance of
Food and/or Beverage
Establishments in
Brown County. This
Ordinance shall be ap-
plicable to all Food
and/or Beverage Es-
tablishments as de-
fined in Minnesota Sta-
tutes Section 157.15,
Minnesota Rules, Part
4626.0020, and this
Ordinance, and shall
include all other
businesses and estab-
lishments where
meals, and/or drinks
are served, except as
exempted by Minneso-
ta Statutes Section
157.22, that are locat-
ed in Brown County,
Minnesota. In addition,
this Ordinance shall
serve as criteria for
evaluation of Food
and/or Beverage ser-
vice facilities in Youth
Camps as defined in
Minnesota Statutes
Section 144.71, subdi-
vision 2, that are locat-
ed in Brown County,
Minnesota. This Ordi-
nance provides for the
licensing and inspec-
tion of all Food and/or
Beverage Establish-
ments, the enforce-
ment of violations, and
the fixing of penalties
of this Ordinance
throughout Brown
County.
SECTION 1: Purpose
and Authority. Modify
references to Minneso-
ta Rules to include
Minnesota Rules, Parts
4626.0010 to
4626.1855, Minnesota
Rules, Part 4626.0033,
subparts G, H, I, J, K,
L, M, N, and O, and
Minnesota Statutes
Section 157.16, subdi-
vision 2(a), to meet the
requirements of the
Minnesota Department
of Health and the Min-
nesota Food Code.
Clarify language and
restructure Minnesota
Rules and Minnesota
Statutes references.
SECTION 2: Scope.
Remove “lunches” as it
is would be included in
reference to meals.
Restructure sentence
format.
SECTION 3: Adminis-
tration. Remove
“referred to as the” as it
would be assumed by
previously using
“hereinafter”, and res-
tructure sentence for-
mat.
SECTION 4: Defini-
tions. Minnesota Sta-
tues Section 157.15
and Minnesota Rules,
Part 4626.0020 to in-
clude additional defini-
tions that may be found
in these specific Sta-
tutes and Rules. Clari-
fy, add, and/or remove
definitions, including:
additional food service,
alcohol beverage ser-
vice, appeals board,
bed and breakfast,
beverage only estab-
lishment, catering, cer-
tified food protection
manager, code, day-
care, environmental
health department, en-
vironmental health
director, extensive re-
modeling, hazard
analysis and critical
control point (HACCP)
plan, imminent health
hazard, large food es-
tablishment, licensee,
limited food establish-
ment, minimal handling
special event food
stand, one day special
event food stand, per-
son, person in charge,
regulatory authority,
high risk food estab-
lishment, medium risk
food establishment,
school additional food
service, school food
service, seasonal limit-
ed food establishment,
seasonal small estab-
lishment, service
kitchen, small food es-
tablishment, transient
use, and variance.
Changed Section
numbers to account for
removal of definitions
in the previous Ordi-
nance.
SECTION 5: Review
of Construction
Plans. Modify and clar-
ify reference to Min-
nesota Rules, Parts
4626.1720, to include
Subparts E and F.
Restructure sentence
format.
SECTIONS: 5 – 6: Re-
place Brown County
with “the County” as
described in Section
4.13.
SECTIONS 5 – 16: Re-
place Environmental
Health Department
with “Regulatory
Authority” as refer-
enced in Section 3.
SECTION 6: Licen-
sure. Change
language to clarify
licensure requirements
and licensure process.
SECTION 7: Require-
ments of Licensed
Establishments. Min-
nesota Rules, Part
4626.0040, subpart A;
and Minnesota Rules,
Part 4626.0045, to
clarify employee illness
reporting, exclusion,
and restriction require-
ments. Remove re-
quirement to report
customer illness to
County Law Enforce-
ment Department.
SECTION 8: Inspec-
tion and Correction.
Change language for
clarity and consistency
throughout this section
and the Program Ordi-
nance. Replace refer-
ence to Minnesota
Rules, Parts
4626.2000 to
4626.2010, to include
Minnesota Rules, Part
4626.0033.
SECTION 9 – 12: Re-
place Minnesota
Rules, Chapter 4626
with the “Minnesota
Food Code” as refer-
enced in Section 1.2.
Restructure sentence
format.
SECTION 11:
Suspension of
License. Change
language to clarify
suspension of license.
Change in the
timeframe in which
written request must be
received by the Regu-
latory Authority.
SECTION 12: Revoca-
tion of License.
Change language to
clarify the timeframe in
which revocation of
license will take place
and the methods in
which the written notice
of revocation will be
provided to the license
holder.
SECTION 13: Ap-
peals Procedure.
Change language to
clarify Request for
Hearing, Notice of
Hearing, Decisions of
the Appeals Board,
and Notices Not Ap-
pealed.
SECTION 15: Penal-
ties. Language to pro-
vide explanation on
how the Regulatory
Authority may enforce
provisions of this Ordi-
nance.
SECTION 16: Vari-
ances. Restructure
sentence format.
SECTION 17: Effec-
tive Date. New effec-
tive date. Language to
address prosecution
for existing violations
of the previous Brown
County Ordinance Pro-
viding for the Regula-
tion of Food and Bev-
erage Establishments.
The Board of Commis-
sioners of Brown
County Minnesota will
consider adoption of
the updated ordinance
pursuant to MN Sta-
tutes Chapter 145A,
157, and 375. A copy
of the proposed Ordi-
nance as revised may
be viewed at the Brown
County
Auditor/Treasurer’s Of-
fice during regular
business hours.
BY ORDER OF THE
BOARD OF BROWN
COUNTY COMMIS-
SIONERS
Dated this 8th day of
January, 2019
ATTEST:
Charles Enter
Brown County Ad-
ministrator