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http://www.stpaul.gov/code/lc331.html promulgate. Such order shall identify the licensed food establishment, describe the specific grounds upon which the closure is based, direct the immediate closing of the establishment, give notice of the date, time and place of a hearing on the emergency closure. Such order shall be served on the owner, manager or apparent person in charge of the premises who shall thereupon close the premises and ask all persons to leave. Failure to close the premises and ask for persons to leave on service of the order is a misdemeanor. The environmental health director, or an environmental program manager, may, upon failure of the owner, manager or other responsible person in charge, ask all persons to leave the premises. Failure to leave upon said request is a misdemeanor. b. An order for emergency closure shall apply to all activities and operations wherever conducted in the licensed establishment and shall apply to the sale of alcoholic beverages for which a license has been issued under Chapter 409 of the Legislative Code only if the director or an environmental program manager has determined that the grounds for the emergency closure also apply to and affect the sale of alcoholic beverages such that the health and safety of persons consuming alcoholic beverages on the licensed premises would be seriously threatened by its continuation. If such grounds exist, the entire premises shall be closed. If sale and consumption will not adversely affect public health and safety, the order for emergency closure will apply to all food operations and all parts of the licensed premises used for food preparation, cooking, service, dining and cleanup. The director of environmental health or an environmental program manager shall specify in the order for emergency closure whether it applies to all operations and the entire premises or only to the food operations and areas related thereto. c. In any case where any person refuses or delays to make a timely exit from the premises after service of the order or request by the director of environmental health as above, the police may be summoned to assist in clearing the premises and issuing such citations or making such arrests as may be necessary as to all persons refusing to comply. (3) Emergency closure hearing. There shall be a hearing before an independent hearing examiner at the date, time and place specified in the order of emergency closure, which hearing shall be not later than the second day (excluding Saturdays, Sundays and holidays) following the closure of the establishment; provided, however, that the licenseholder may waive the foregoing time restrictions and consent to scheduling the hearing at a later date. The hearing shall be held before an independent hearing examiner who shall receive evidence offered by both parties and make findings of fact and conclusions of law solely on the question of whether the environmental health director has shown by clear and convincing evidence that one (1) or more of the grounds for emergency closure do exist. Such findings and conclusions shall be issued by the hearing examiner on the next day following the conclusion of the hearing. The report of the hearing examiner shall also set a date for a full hearing to consider adverse action against the licenseholder's licenses based on the grounds set forth in the order of emergency closure, requiring that the environmental health director cause adverse action to be initiated forthwith pursuant to sections 310.05 and 310.06 of the Code. If the finding of fact and conclusions of law sustain grounds set forth in the order of emergency closure, the order shall remain in full force and effect pending further adverse hearing and final determination by the city council. If the finding of fact and conclusions of law do not sustain the grounds set forth in the order of emergency closure, the order of the director of environmental health shall be deemed dismissed and the establishment may reopen forthwith, subject to any further proceedings. (4) Council appeal. Any person aggrieved by the findings and conclusions of the independent hearing examiner may appeal to the city council by filing a notice with the city clerk, who shall note the matter for hearing at the city council meeting next following the date of such appeal. The council may modify the findings and conclusions of the independent hearing examiner as it deems appropriate on the record or continue the closure order pending the further hearing on such adverse actions as ordered by the independent hearing examiner concerning the license of the food establishment. (C.F. No. 93-1755, ~ 7, 12-9-93) Sec. 331.07. Food sources and supplies. (a) General. Food shall be in sound condition, free from adulteration, spoilage, filth or other WoOl 6/28/992:52 PM