89-685 W�i1TE - CITV CLERK q
PINK - FINANCE � ///yyy���/� y
CAN.,IRV -P�PARTMENT GITY OF � S INT PAUL COUIICIl (/C,('�Q
BLUE - MAVOR O ,
File N 0.
City Attny/PBB Counci esolution
,
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that all of t e icenses , including on-sale malt
and restaurant, issued {or t e akoyah Japanese Restaurant at
1569 LTniversit;� Avenue i��. �a nt Paul , are hereby suspended for
a period of three da;�� , cor.im n 'ng on the second Sunday following
publication of this license; t be followed by an additional -
suspension for a period of t i ty (30) days , but said additional
suspension is stayed for six m ths under the terms , conditions
and requirements set forth i e Report of the Administrative
Law Judge which is attached; a d be it
FURTHER RESOLVED, that h Report of the ALJ dated
February 16, 1989, with its i dings of Fact, Conclusions of Law,
Recommendations and Memorand m is expressly ratified and adopted
as the written findings and o clusions of the Council with three
exceptions : first, that Rec endation No . 4 be amended to read
as follows :
"6 . If at the en o the period of the stay of
imposition, the C' ty Council finds that the
license holder ha n t achieved a satisfactory
level of complian e, or that a se arate violation
has occurred with'n he erio o t e sta , t e
thirty 30 day s sp nsion ma in the discretion
of the Council be im osed in accor ance wit t e
re uirements o d e rocess . ;
second, that the Council ma i its discretion impose the thirty
(30) day suspension after t e ix-month period of the stay has
expired and need not commen e r complete any actions in that
regard within the six-month pe iad; and th�rd, that the requirement
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
�� [n Fa or
coswitz
Rettman B
�he1�� Again t Y
Sonnen
Wilson
Form Approved by City Attorney
Adopted by Council: Date . � f'/��
Certified Passed by Council Secretary By
gy,
Approved by �Navor. Date _ Approved by Mayor for Submission to Council
By By
WNITE - CiTV CLERK
PINK - FINANCE G I TY OF �S I NT PA U L Council / �
CANARY � C},EPARTMENT �� /_�
BLUE - MAVOR File NO. «�
� Counci esolution
Presented By
Referred To Committee: Date
Out of Committee By Date
-2-
in Recommendation 2a. for fo d andler training shall apply to
the operator/manager of the es aurant, whether that person is
Jung Ho Suh or not, and if t er is no operator/manager, to a
responsible employee designa ed by the licenseholder .
This Resol.ution is base o the record of proceedings before
the Administrative Law Judge i cluding the hearing on
February 8 , 1989, the docume ts and exhibits introduced therein,
the arguments and statements m de by or on behalf of the parties
on April 4 and April 11, 198 , the report of the Environmental
Program Manager regarding th 'nspection of the licensed premises
dated April 7 , 1989, and the d liberation of Council in open
session. The Report of the L is attached hereto and is expressly
incorporated in and made a p r of this Resolution.
A copy of this Resolut' n as adopted, shall be sent by first
class mail to the Administr ti e Law Judge, and to counsel for the
licenseholder .
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
t.ong [n Fa or
Gos.vitz
Rettman O B
Scheibel A gai n t Y
Sonnen
Wilson
APR 1 �j � Form Appr ved by City Attorney
Adopted by Council: Date - . �II'
Certified Passe (IG ncil Se tar BY— �
gy. ���.
Approv by Nlavor: Dat � 9 Approved by Mayor for Submission to Council
gy _ BY
�t�' APR 2 :� t, J�
. . � . 1���-���
• 62-2101 -2973-6
STAT 0 MINNESOTA
OFFICE OF A MI ISTRATIVE HEARINGS
FOR TH C TY OF ST . PAUL
In the matter of FINDINGS OF FACT,
the Restaurant License CONCLUSIONS, AND
of So S. Suh, RECOMMENDATION
d/b/a Nakoyah Japanese
Restaurant.
The above-entitled mat er came on for hearing before Richard
A. yosman , Administrative a Judge , on February 8, 1989 , g : JO
a.m. , Ninth Floor conreren e room of the Commerce Building , St .
Paul , Minnesota . The rec r closed on �February 9 , 1989 , upon
receipt of additional exhi it filed by the City of St . Paul .
Philip Byrne , Assistan ity ..Attorney , appeared on behalf of
the City of St . Paul and th Department of Community Services ,
Division of Public Health . Jung Ho Suh appeared pro se and on
behalf of the licensee .
This Report is a Recommen at on , not a final decision . The St .
Paul City Council will ma e the final decision . After a review
of th� record , it may ad pt, reject or modify the Findings of
Fact , and Recommendations o t3ined herein . Pursuant to St . Paul
Legislative Code 310 .05 & .0 , the final decision of the Council
shall not be made until hi Report has been made available to _
the parties to the proce di g for at least ten ( 10) days . An
opportunity must be affor ed to each party adversely affected by
this report to file exc ptions and present arguments to the
Council . Parties should c n act Albert B. Olson , City Clerk, St .
Paul City Council , 386 Ci y all , St. Paul , Minnesota, 55102 , to
ascertain the procedure f r filing exceptions or presenting
argument .
ST 'TE ENT OF ISSUES
The issues in this pr c eding are whether the license holder
has operated the Nakoyah a anese Restaurant in violation of the
St . Paul Legislative Code , ection 331 , Food License , during the
period May 21 , 1987 to J n ary 5 , 1989 ; and if so , whether the
Restaurant license sho 1 be revoked, subject to fine,
conditions, or suspended and if suspended , for what period of
time .
F N INGS OF FACT
1 . This matter was o i inally scheduled for hearing December
22 , 198�, by Notice o he license holder dated November 25 ,
1988 . By Stipulat o of the parties , the hearing was
continued in an Inte i Order dated December 27 , 1g88, with
- 1 -
', terms that incorporated th t Stipulation . '
2 . On January 3, 19 9 , the St . Paul City Council under
authority of Section 3 0 . 05 (a) St . Paul Legislative Code,
elected to initiate a ea ing regarding the Nakoyah Japanese
Restaurant , the license ho der herein . Written notice of the
hearing scheduled for Fz ruary 8, 1989 , was sent to the
license holder on Jan ar 12 , 1989 , and Mr . Jung Ho Suh ,
appeared without object o .
3 . Jung Ho Suh has op ra ed the Nakoyah Japanese Restaurant
since August , 1984, at th present location , 1569 University
Avenue West, St . Paul innesota . It presently has been
issued an on sale malt n a restaurant (Class C) license .
b . There are thr� ( 3) full time employees of the
. establishment ; Jung Ho Su and his sister who work primarily
in the dining room, a d ne cook. There are two (2) other
part time employees wh a e called upon as needed .
5 . All of the employe s re of Korean heritage and only Jung
Ho Suh has good Eng i h comprehension and communication
skills .
. 6 . Jung Ho Suh works fu 1 time in the establishment as the
manager and has had e p rience in food service since 1982 .
None of the employee f the establishment have had any
formalized food handle t aining.
7 . The St . Paul De a tment of Health has inspected the
license holder ' s prem'se on ten ( 1Q ) occasions between May =
21 , 19$7 and Januar , 1989 . On each inspection the
establishment was fou d to have violations of the St . Paul
Legislative Code , Sectio 331 , Food Licenses .
8 . During those ins ections there were thirteen ( 13)
notations of uncorrected conditions requiring a second notice
and five (5 ) notatio s equiring third notices . There was
one citation issued June 2 , 1987) . An informal
administrative hearin r garding violations was held in 1988
between the Departmen o Health and Jung Ho Suh.
9 . There was a s c nd informal administrative hearing
scheduled November 9 , 1 8� , but the license holder failed to
appear. Jung Ho Suh te tified that he was out of the state
on the date of the he ri g .
10 . On six ( 6) se ar te occasions the establishment was
scored according to he standards and methods established by
the State of Minneso a , Department of Health . These scores
are as follows :
Date Score
5/4/87 �2—
9/24/87 91
-2-
� � 3/2�/88 84
5/ 10/88 93
10/18/$8 87
1/5/89 90
100 is a perfect score nd 70 is considered a failing score.
11 . The most signif ca �t repeat violations found to be
existing in the establ 'sh ent during the subject period were
as follows :
a . Failur� to provide a er towels in employee clean up area
of kitchen.
St. Paul Code , 331 .2 ( e ) •
b. Employees smoking in ood preparation area .
St . Paul Code , 331 . 1 (e) .
c . Failure of employe s o use hair restraining devices .
St. Paul Code 331 12 (c) .
d. Improper food proc 'ss ng equipment .
St. Paul Code 331 28 .
e . Inadequate cleani g nd maintenance of food preparation
� area .
St . Paul Code 331 29 and 331 . 11 (a) and (g) .
12 . The license holde d corrected or "abated" all or some
of the noted violatio s n all but two follow up inspections
during the subject per' o . _
13 . On October 18 , 19 $ , the inspection was done on a day in
� which the restaurant w s not open for business and food
preparation in progres as for a private family celebration.
14 . Cleaning of the o preparation areas is presently done
on a daily basis aft r the restaurant closes at 10 : 00 p.m.
More extensive cleani g of storage and dining room area is
done on Saturdays a t r closing. There is no written
formalized schedule o d tailed assignment of duties or areas
of cleaning respons' b ' lity for any of the individual
employees.
15 . The facility has well equipped kitchen and cooking
equipment . All equi me t not complying with St . Paul Code
has been removed .
Based upon the forego ng Findings of Fact , the Administrative
Law Judge makes the follo in :
NCLUSIONS
1 . The St . Paul C ' ty Council and the Administrative Law
-3-
`, Judge has jurisdiction in this matter pursuant to MSA § 1 � .55
and St . Paul Legislativ ode , Section 310 . 05 and 310 .06 .
2 . The City of S . Paul has fulfilled all relevant
substantive and proced ra requirements of law and rule .
3 . The license holder is licensed by the City of St . Paul as
a restaurant in accor a ce with the St . Paul Legislative
Code , 331 , and is , t Ar fore , required to comply with the
said Code relating tv the way and manner in which the
establishment is opera ed .
4 . The City of St . Pa 1 as proved by a preponderance of the
evidence that on numer u occasions between May 21 , 1987 and
January 5 , 1989 , the li ense holder violated the St . Paul
Legislative Code relatin to the operation of the restaurant
more specifically Sectio 331 .26 (e) , 33� . 12 (c ) and (d) and
331 .28 (d ) and 331 . 29 a) •
5 . As a result of the e violations over the stated period of
time, disciplinary act 'o is necessary .
Based upon the forego n Findings of Facts and Conclusions ,
the Administrative Law Jud e makes the following:
R C MMENDATIONS
IT IS HEREBY RECON E DED that the City Council take
disciplinary action again t he license holder as follows :
1 . That the food s rvi ce license of the Nakoyah Japanese _
Restaurant be suspend a or a period of thirty ( 30) days .
2 . That the impositio of the suspension be stayed for a
period of six ( 6) mo th contingent upon the license holder
complying with the fo lo ing terms and conditions :
a . That the o n r/manager, Jung Ho Suh , attend and
satisfactorily c mp ete formalized food handler training
as approved by th Division of Public Health within
ninety (90 ) day f this City Council action and that
records of satisfa tory completion be maintained on the
premises and ava 1 ble for inspection .
b . Within thir y 30 ) days of City Council action , the
license holder de elop, with the assistance of the
Division of Publi Health , a formalized and detailed
cleaning plan a d schedule that is satisfactory to the
division and th t records of daily completion of the
schedule be mainta ned on the premises and available for
inspection .
c . Within thir y ( 30 ) days of the City Council action ,
that the licens older post in food preparation areas
of' the establis me t bilingual signs developed with the
-�-
� _ �� ���
` assistance and a pr val of the Division of Public
Health , addressing e public health laws ; including
those specifically re ated to hand washing by employees ,
33� . 26 ( e ) , Smokin y f'ood handlers 331 . 12 ( e) , Use of
hair control devi es 331 . 12 (c ) and. cleaning of food
preparation areas , 33 � • �9 ad 331 . 11 (a) and (g) .
3 . That the Division f ublic Health be directed to do the
following :
a . Make frequent i spections during the period of the
stay to determine co pliance by the license holder with
the terms and cond' t ons of the Stay .
b . To score the st blishment on a monthly basis using
the rating servic eveloped by the State of Minnesota
and report the sc re to the City Council at the end of
the stay .
c . To assist th 1 'cense holder to develop simple and
accurate bilingu 1 signs meant to communicate the
requirements of h St: Paul Public Health Code to
employees with li tl or no English language skills .
4. If, at the end o he period of stay of imposition of
suspension, the City o ncil finds that the license holder
has not achieved a at sfactory level of compliance , the
thirty ( 30 ) day suspen i n should be imposed .
5 . If , at the end o he period of stay of imposition of
suspension, the City Co ncil finds that the license holder
has achieved a satis actory level of compliance, the -
suspension should be lif ed .
D a t e d : � r� i�r ������
Richard A. Mosman
Administrative Law Judge
Hearing taped - two (2) c ss ttes . �
A request is hereby made fo a copy of final action taken by the
City Council be serve pon the Office of Administrative
Hearings , 310-4th Avenu outh , Fifth Floor, Minneapolis , MN
55415 .
-5-
, . , �
E RANDUM
The City of St . Paul as proved , by a preponderance of the
evidence , that the lic ns holder has violated certain
significant provisions of he St. Paul Legislative Code , Section
331 , in the numerous inspec i ns done on the establishment over a
twenty one (21 ) month per od of time . Although some of those
violations were smaller an ousekeeping in nature , others were
significant and related d ' re tly to specific provisions of the
Code relating to the equip e t used in food preparation and more
frequently hygiene practic s f the people preparing the food.
St. Paul Legislative o e , Section 331 , Food License , and
several provisions of which he license holder was in violation
as noted on inspection she ts . Without re-citing the text of all
of the provisions violated t e ones of repeated significance are
as follows :
� Section 331 . 12 - Perso ne
( c) Cleanliness - Employee Hand washing - Use of
Effective Hair Re t aining Devices
( d) - Tobacco he Use of Tobacco Where Food is
P repared or Serve
Section 331 .26 - Hand Wa hing Facilities in Food Preparation
. Areas
(e) Cleanliness - S ap and Towel Supply
� Section 331 . 28 - Food Eq ipment and Utensils
� ( d) Standards fo N w Equipment - Equipment certified by
National Sanitat 'on Foundation or director
Section 331 .29 - Hous ke ping
(a) Generally - re ises . . .shall be neat, clean and free
of litter and re u� .
The license holder di make many ,corrections of cited
violations but there wer epeated uncorrected violations that
were noted on two and so etimes three successive inspection
reports extending over one to two months . Since there are no
e�ployees at the establ ' s ment that have had formalized food
handler training , their fa lure to correct violations may have
been a matter of their fail re to realize the requirements of the
law or the importance of o pliance .
Of the three full time e pl yees , only the manager , Jung Ho Suh,
has English skills suffi ie t to allow him to attend formalized
education classes conduc ed in English . Although he has several
years of experience in th food service industry , it was not
evident that he had ood comprehension of the specific
- 1-
, � ' •Y�
requirements of the Public Health Law or the importance of
� compliance . He did expr ss a willingness to cooperate and to
educate his employees who d not have his English skills . It
would be impractical to r quire other members of his staff
without his English skill t attend English language training .
Nir. Suh is a full time m na er and is in � the best position to
rapidly absorb the trai in and enforce compliance . The
premises is adequately eq i ped and capable of compliance with
proper knowledge of the re ui ements of the law.
It is the opinion of th Administrative Law Judge that the
suggested bilingual signs s way to communicate directly to the
employees and serve as a ai y "reminder" of the requirements of
the law under which they w rk . A simple message in a native
tongue , with the encourag me t of .the employer , may be all that
is necessary to obtain fu 1 ompliance from workers who may have
never before worked under i ilar izgal restrictions .
The Division of Public H alth is in the best position to know
the law and to best super is the accuracy and intent of the law
when transformed into sim 1 signs . The object , of course , is
education of the food a dlers , but once developed , these
bilingual signs may have b oader use than just with this one
license holder.
-2-
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' ��,r�"���;1 /`�j;9- �--- Q _. � ;� ,,,�� j . �� �-,� r,�,. . ,,��"�. -- �"-�
� �``
. � . �� ,;
RICHARD A. MOSMAN, LTD. su�TE ioao '`
ATTORNEY AT LAW FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
TELEPHONE
OFFICE (612) 339-I515
Februarv �V / �JO� R�S�DENCE 636-B929
Mr. Albert B. Olson, City le k ✓
St. Paul , MN 55102 RECEiVED
Mr. Philip B. Byrne . �� 2� �9
Assistant City Attorney
647 �ity Hall Ci�'Y GL�RF��
St. Paul , MN 55102
Mr. Jung Ho Suh
Nakoyah Japanese Restauran
1569 University Ave West
St. Paul , MN 5510�4
� Re: In the matter of the 1 ' c nse of Nakoyah Japanese Restaurant
Dear Sir/Madam:
Enclosed herewith and se ve upon' you please find Findin�s of
Fact, Conclusions, and R c mmendations relative to the above-
captioned matter.
Sincerely yours ,
RICHARD A. MOSMAN, LTD. ,
� �,����`�.:�.._��
Richard A. Mosman
RAM/lss
Enclosure(s)
, ,� :��� - � - 9- �9
, , �� �
: 62-2101 -2973-6
STAT 0 MINNESOTA
OFFICE OF A MI ISTRATIVE HEARINGS
FOR TH C TY OF ST . PAUL
In the matter of FINDINGS OF FACT,
the Restaurant License CONCLUSIONS, AND
of So S. Suh, RECOMMENDATION
d/b/a Nakoyah Japanese
Restaurant .
The above-entitled mat er came on for hearing before Richard
A. Mosman , Administrative La Judge , on February 8 , 1989 , 9 : 00
a.m. , Ninth Floor conferen e room of the Commerce Building , St .
Paul , Minnesota . The rec r closed on February 9 , 1989 , upon
receipt of additional exhi it filed by the City of St. Paul .
Philip Byrne , Assistan ity Attorney , appeared on behalf of
the City of St . Paul and th Department of Community Services ,
Division of Public Health. Jung Ho Suh appeared pro se and on
behalf of the licensee .
This Report is a Recommen at ' on , not a final decision . The St .
Paul City Council will ma e the final decision . After a review
of the record , it may ad p , reject or modify the Findings of
Fact , and Recommendations o t3ined herein . Pursuant to St . Paul
Legislative Code 310 .05 & . 0 , the final decision of the Council
shall not be made until hi Report has been made available to
the parties to the proce di g for at least ten ( 10 ) days . An
opportunity must be affor ed to each party adversely affected by
this report to file exc ptions and present arguments to the
Council . Parties should con act Albert B. Olson , City Clerk, St .
Paul City Council , 386 Ci y all , St. Paul , Minnesota, 55102 , to
ascertain the procedure f r filing exceptions or presenting
argument .
ST TE ENT OF ISSUES
The issues in this pr c eding are whether the license holder
has operated the Nakoyah a anese Restaurant in violation of the
St. Paul Legislative Code , ection 331 , Food License , during the
period May 21 , 1987 to J n ary 5, 1989 ; and if so , whether the
Restaurant license sho 1 be revoked, subject to fine,
conditions, or suspended and if suspended, for what period of
time .
F N INGS OF FACT
1 . This matter was o i inally scheduled for hearing December
22 , 1988, by Notice o he license holder dated November 25,
1988 . By Stipulat o of the parties, the hearing was
continued in an Inte i Order dated December 27 , 1988, with
- 1 -
• terms that incorporated t at Stipulation .
2 . On January 3 , 19 9 the St . Paul City Council under
authority of Section lU 05 (a ) St . Paul Legislative Code,
elected to initiate a e ring regarding the Nakoyah Japanese
Restaurant , the license h lder herein . Written notice of the
heari�ng scheduled for F bruary 8, 1989 , was sent to the
license holder on Jan ar 12, 1989 , and Mr . Jung Ho Suh ,
appeared without objec io .
3 • Jung Ho Suh has op r ted the Nakoyah Japanese Restaurant
since August , 1984, at t e present location , 1569 University
Avenue West, St . Pau ', Minnesota . It presently has been
issued an on sale malt an a restaurant (Class C) license .
4 . There are thre ( 3) full time employees of the
establishment ; Jung Ho S h and his sister who work primarily
in the dining room, a d one cook . There are two (2) other
part time employees wh a e called upon as needed .
5 . All of the employe s re of Korean heritage and only Jung
Ho Suh has good En li h comprehension and communication
skills .
6 . Jun� Ho Suh works f 11 time in the establishment as the
manager and has had xp rience in food service since 1982 .
None of the employee f the establishment have had any
formalized food handle raining.
7 . The St . Paul D pa tment of Health has inspected the
license holder' s prem se on ten ( 10 ) occasions between May
21 , 1987 and Januar , 19�9 . On each inspection the
establishment was fou d to have violations of the St . Paul
Legislative Code , Sec io 331 , Food Licenses .
8 . Durin� those ' ns ections there were thirteen ( 13)
notations of uncorrec ed conditions requiring a second notice
and five (5 ) notatio s requiring third notices . There was
one citation issue June 2 , 1987 ) . An informal
administrative hearin egarding violations was held in 19$8
between the Departmen o Health and Jung Ho Suh.
9 . There was a ec nd informal administrative hearing
scheduled November 9 , 1 8� , but the license holder failed to
appear . Jung Ho Suh te tified that he was out of the state
on the date of the he ring.
10 . On six ( 6) se a te occasions the establishment was
scored according to he standards and methods established by
the State of Minneso a , Department of Health . These scores
are as follows :
Date Score
5/4/87 82--
9/24/87 91
-2-
� , 3/21/88 84
5/ 10/88 93
10/ 18/88 87
1/5/89 90
100 is a perfect score n 70 is considered a failing score.
11 . The most signif car�t repeat violations found to be
existing in the establ sh ent during the subject period were
as follows :
a . Failure to provide pa er towels in employee clean up area
of kitchen.
St . Paul Code , 33 •2 ( e ) •
b. Employees smoking ' n ood preparation area .
St . Paul Code , 33 • 1 (e ) .
c . Failure of employe s o use hair restraining devices .
St. Paul Code 331 12 ( c) .
d . Improper food proc ss ' ng equipment .
St. Paul Code 33� 28 •
e . Inadequate cleani g nd maintenance of food preparation
area .
St . Paul Code 331 29 and 331 . 11 (a) and ( g) .
12 . The license holde d corrected or "abated" all or some
of the noted violatio s n all but two follow up inspections
during the subject per` o .
13 . On October 18 , 19 $ , the inspection was done on a day in
which the restaurant w s not open for business and food
preparation in progres as for a private family celebration .
14 . Cleaning of the f o preparation areas is presently done
on a daily basis aft r the restaurant closes at 10 :00 p . m.
More extensive cleani g of storage and dining room area is
done on Saturdays a t r closing. There is no written
formalized schedule o d tailed assignment of duties or areas
of cleaning respons bility for any of the individual
employees.
15 . The facility ha well equipped kitchen and cooking
equipment . All equi me t not complying with St . Paul Code
has been removed.
Based upon the forego ' ng Findings of Fact , the Administrative
Law Judge makes the follo in :
C NCLUSIONS
1 . The St . Paul City Council and the Administrative Law
-3-
�T � ` V ��
`� , Judge has jurisdiction in this matter pursuant to MSA § 14 . 55
and St . Paul Legislativ ode , Section 310 . 05 and 310 .06 .
2 . The City of St . Paul has fulfilled all relevant
substantive and procedu a requirements of law and rule .
3. The license holder is licensed by the City of St . Paul as
a restaurant in accor an e with the St . Paul Legislative
Code , 331 , and is , th r fore , required to comply with the
said Code relating t he way and manner in which the
establishment is operated
4. The City of St . Pa 1 as proved by a preponderance of the
evidence that on numer us occasions between May 21 , 19$7 and
January 5 , 1989 , the li ense holder violated the St . Paul
Legislative Code relat ng to the operation of the restaurant
more specifically Sect on 331 .26 (e) , 331 . 12 (c ) and ( d) and
331 . 28 (d ) and 331 . 29 (a)
5 . As a result of the e iolations over the stated period of
time , disciplinary act on is necessary.
Based upon the foregoing Findings of Facts and Conclusions ,
the Administrative Law Jud e akes the following:
R CO MENDATIONS
IT IS HEREBY RECON� EN Ell that the City Council take
disciplinary action agains t e license holder as follows :
1 . That the food se vice license of the Nakoyah Japanese
Restaurant be suspende f r a period of thirty ( 30) days .
2 . That the imposit on of the suspension be stayed for a
period of six ( 6) mon h contingent upon the license holder
complying with the fol o ing terms and conditions:
a . That the o ne /manager, Jung Ho Suh , attend and
satisfactorily co p ete formalized food handler training
as approved by h Division of Public Health within
ninety (90 ) days o this City Council action and that
records of satis ac ory completion be maintained on the
premises and avai a le for inspection .
b . Within thirt ( 0 ) days of City Council action , the
license holder e elop, with the aSsistance of the
Division of Pub 'ic Health , a formalized and detailed
eleaning plan an chedule that is satisfactory to the
division and that ecords of daily completion of the
schedule be maint i ed on the premises and available for
inspection .
c . Within thirt ( 30 ) days of the City Council action ,
that the license h lder post in food preparation areas
of' the establish en bilingual signs developed with the
-4-
, assistance and a p oval of the Division of Public
Health , addressin he public health laws ; including
those specifically r lated to hand washing by employees ,
331 . 26 ( e ) , Smoki g y food handlers 331 . 12 ( e) , Use of
hair control devi e , 331 . 12 (c ) and cleaning of food -
preparation areas , 3 1 , 29 ad 331 . 11 (a) and ( g) .
�
3 . That the Division f ublic Health be directed to do the
following:
a . Make frequent i spections during the period of the
stay to determine c mpliance by the license holder with
the terms and con it ons of the Stay .
b. To score the s ablishment on a monthly basis using
the rating servic eveloped by the State of Minnesota
and report the sc r s to the City Council at the end of
the stay .
c . To assist th license holder to develop simple and
accurate bilingu 1 signs meant to communicate the
requirements of th St . Paul Public Health Code to
employees with li tle or no English language skills .
�. If, at the end o he period of stay of imposition of
suspension, the City Co ncil finds that the license holder
has not achieved a at ' sfactory level of compliance , the
thirty ( 30 ) day suspen i n should be imposed.
5 . If , at the end o he period of stay of imposition of
suspension, the City Co ncil finds that the license holder
has achieved a satis actory level of compliance, the
suspension should be lif ed .
D a t e d : fG r�.� i�'r �i���'/
Richard A. Mosman
Administrative Law Judge
Hearing taped - two (2) c ss ttes .
A request is hereby made o a copy of final action taken by the
City Council be served pon the Office of Administrative
Hearings , 310-4th Avenu outh , Fifth Floor, Minneapolis, MN
55415 .
-5-
. .
. M MO ANDUM
The City of St . Paul h� s roved , by a preponderance of the
evidence , that the lice 5� holder has violated certain
sigr�ificant provisions of t e t . Paul Legislative Code , Section
33 � , in the nuraerous inspectio s done on the establishment over a
twenty on� (21 ) month peri d of time . Although some of those
violations were smaller and h us�keeping in nature , others were
significant and related di ec ly to specific provisions of the
Code relating to the equipm nt used in food preparation and more
frequently hygiene practices o the people preparing the food .
St . Paul Legislative C de , Section 331 , Food License , and
several provisions of which t e license holder was in violation
as noted on inspection shee s . Without re-citing the text of all
of the provisions violated h ones of repeated significance are
as follows :
Section 331 . 12 - Person el
(c) Cleanliness mployee Hand Washing - Use of
Effective Hair Res raining Devices
( d) - Tobacco - T e Use of Tobacco Where Food is
Prepared or Served
Section 331 .26 - Hand as ing Facilities in Food Preparation
Areas
(e) Cleanliness - o p and Towel Supply
Section 331 .28 - Food E u pment and Utensils
( d) Standards for Ne Equipment - Equipment certified by
National Sanitati n oundation or director
Section 33� • 29 - House ee ing
(a) Generally - p em ses . . . shall be neat, clean and free
of litter and ref ge
The license holder id make many corrections of cited
violations but there were r peated uncorrected violations that
were noted on two and om times three successive inspection
reports extending over on o two months . Since there are no
employees at the establi h ent that have had formalized food
handler training , their f i ure to correct violations may have
been a matter of their fai u e to realize the requirements of the
law or the importance of c m liance .
0f the three full time em lo ees , only the manager, Jung Ho Suh,
has English skills suffic en to allow him to attend formalized
education classes conduct d ' n English . Although he has several
years of experience in e food service industry , it was not
evident that he had a g od comprehension of the specific
- 1-
� .
, requirements of the Publi ealth Law or the importance of
compliance . He did expres willingness to cooperate and to
educate his employees who o not have his English skills . It
would be impractical to eq ire other members of his staff
without his English skills to attend English language training.
Mr. Suh is a full time ma ag r and is in the best position to
rapidly absorb the train ' ng and enforce compliance . The
premises is adequately equ ' p ed and capable of compliance with
proper knowledge of the req i ements of the law.
It is the opinion of he Administrative Law Judge that the
suggested bilingual signs i way to communicate directly to the
employees and serve as a d il "reminder" of the requirements of
the law under which they o k . A simple message in a native
tongue , with the encourage e t of the employer , may be all that
is necessary to obtain ful c mpliance from workers who may have
never before worked under sim lar legal restrictions .
The Division of Public He lth is in the best position to know
the law and to best superv se the accuracy and intent of the law
when transformed into sim le signs . The object , of course , is
education of the food an lers , but once developed , these
bilingual signs may have br ader use than just with this one
license holder.
-2-
r�
..
STATE OF MINNESOTA)
)ss .
COUNTY OF HENNEPIN)
Laura S. Schwartz of the C t of Minneapolis , County of Hennepin,
in the State of Minnesota , b ing duly sworn , says that on Felaruarv
16, 1989 she served the a nexed Findings of Fact , Conclusions
and Recommendations by m ii ng a copy thereof, enclosed in an
envelope , postage prepaid , a d by depositing the same in the post
office at Minneapolis, Minn sota, directed to the following at
the last known address of h said parties :
Mr. Albert B. Olson , City 1 rk
St. Paul , MN 55102
Mr. Philip B. Byrne
Assistant City Attorney
647 City Hall
St. Paul , MN 55102
Mr. Jung Ho Suh
Nakoyah Japanese Restaura t
1569 University Ave West
St . Paul , MN 55104
Subscribed and swo n to f re me this c�
/ � `� day of � , 19 � /.
��r�`��--�� .
�.--
. •
JOD1f Q KIMIE
NOTAftY PUBLIC—MINNE50TA
NENNEPIN COUNTr
My Commission Ezpi►es Sept t7,1993
r �
. . + p q.� ��..�
x^
.> 62-2101 -2973-6
' ST E OF MINNESOTA
OFFICE OF AD INISTRATIVE HEARINGS
FOR HE CITY OF ST. PAUL
In the matter of FINDINGS OF FACT,
the Restaurant License CONCLUSIONS, AND
of So S. Suh, RECOMMENDATION
d/b/a Nakoyah Japanese
Restaurant.
The above-entitled ma t r came on for hearing before Richard
A. Mosman , Administrative L w Judge , on February 8, 1989 , 9: 00
a.m. , Ninth Floor confer nc room of the Commerce Building , St .
Paul , Minnesota . The r co d closed on February 9 , 1989 , upon
receipt of additional exh bi s filed by the City of St. Paul .
Philip Byrne , Assista t City Attorney , appeared on behalf of
the City of St . Paul an t e Department of Community Services,
Division of Public Healt . Jung Ho Suh appeared pro se and on
behalf of the licensee .
This Report is a Recomme da ion , not a final decision . The St .
Paul City Council will m 'ke the final decision . After a review
of the record, it may a o t, reject or modify the Findings of
Fact, and Recommendations contained herein . Pursuant to St. Paul
Legislative Code 310.05 . 6 , the final decision of the Council
shall not be made until th s Report has been made available to
the parties to the proce d ng for at least ten ( 10 ) days . An
opportunity must be affo de to each party adversely affected by
this report to file ex ep ions and present arguments to the
Council . Parties should o tact Albert B. Olson , City Clerk , St .
Paul City Council , 386 C ' ty Hall , St. Paul , Minnesota, 55102 , to
ascertain the procedure f r filing exceptions or presenting
argument .
ST T MENT OF ISSUES
The issues in this p oc eding are whether the license holder
has operated the Nakoyah Ja anese Restaurant in violation of the
St. Paul Legislative Cod , eetion 331 , Food License , during the
period May 21 , 1987 to an ary 5 , 1989 ; and if so, whether the
Restaurant license sh ul be revoked, subject to fine,
conditions, or suspended nd if suspended, for what period of
time .
FIN INGS OF FACT
1 . This matter was ri inally scheduled for hearing December
22, 1988, by Notice o the license holder dated November 25,
1988 . By Stipulat 'o of the parties , the hearing was
continued in an Inte i Order dated December 27 , 1988, with
- 1-
�
•>. terms that ineorporated t at Stipulation .
2 . On January 3, 1g 9 , the St. Paul City Council under
authority of Section 10 05 (a) St. Paul Legislative Code,
elected to initiate a e ring regarding the Nakoyah Japanese
Restaurant , the license h lder herein . Written notice of the
hearing scheduled for F bruary 8, 1989 , was sent to the
license holder on Jan ar 12, 1989 , and Mr. Jung Ho Suh,
appeared without objec io .
3 • Jung Ho Suh has op r ted the Nakoyah Japanese Restaurant
since August, 1984, at t e present location , 1569 University
Avenue West, St. Pau , Minnesota . It presently has been
issued an on sale malt an a restaurant (Class C) license .
4. There are thr e (3) full time employees of the
establishment ; Jung Ho S h and his sister who work primarily
in the dining room, a d one cook . There are two (2) other
part time employees wh re called upon as needed .
5 . Al1 of the employe s are of Korean heritage and only Jung
Ho Suh has good En li h comprehension and communication
skills .
6 . Jung Ho Suh works f 11 time in the establishment as the
manager and has had xp rience in food service since 1982 .
None of the employe s of the establishment have had any
formalized food handl r raining.
7. The St . Paul D pa tment of Health has inspected the
license holder ' s pre is s on ten ( 10 ) occasions between May
21 , 1987 and Januar 5, 198g . On each inspection the
establishment was fo nd to have violations of the St . Paul
Legislative Code , Sec i n 331 , Food Licenses.
8. During those ' n pections there were thirteen ( 13)
notations of uncorrec e conditions requiring a second notice
and five (5 ) notatio s requiring third notices. There was
one citation issue (June 2 , 1987) . An informal
administrative heari g egarding violations was held in 1988
between the Departme t f Health and Jung Ho Suh.
9 . There was a e ond informal administrative hearing
scheduled November 9 1988 , but the license holder failed to
appear. Jung Ho Suh t stified that he was out of the state
on the date of the h ar 'ng.
10 . On six ( 6) s pa ate occasions the establishment was
seored according to h standards and methods established by
the State of Minnes ta, Department of Health. These scores
are as follows :
Date Seore
5/4/87 $2—
9/24/87 91
-2-
• y� 3�2��00 �4
5/ 10/88 93
10/18/88 87
1/5/89 90
100 is a perfect scor a d 70 is considered a failing score.
11 . The most signi i ant repeat violations found to be
existing in the estab is ment during the subject period were
as follows :
a . Failure to provid p per towels in employee clean up area
of kitchen.
St. Paul Code , 3 1 . 6 ( e) .
b. Employees smoking in food preparation area .
St . Paul Code , 3 1 . 2 (e) .
c . Failure of employ es to use hair restraining devices .
St. Paul Code 331 . 1 (c) .
d . Improper food pro es ing equipment .
St. Paul Code 331 . 2 .
e . Inadequate eleani g and maintenanee of food preparation
area .
St . Paul Code 33� .2 and 331 . 11 (a) and (g) .
12 . The license hold r ad corrected or "abated" all or some
of the noted violatio s n all but two follow up inspections
during the subject pe io .
13. On October 18 , 1 88 the inspection was done on a day in
which the restaurant w s not open for business and food
preparation in progre s as for a private family celebration .
14 . Cleaning of the o preparation areas is presently done
on a daily basis aft r the restaurant closes at 10 :00 p.m.
More extensive cleani g of storage and dining room area is
done on Saturdays a t r closing. There is no written
formalized schedule o d tailed assignment of duties or areas
of cleaning respons b ' lity for any of the individual
employees.
15 . The facility ha well equipped kitchen and cooking
equipment . Al1 equi e t not complying with St. Paul Code
has been removed.
Based upon the foregoing Findings of Fact, the Administrative
Law Judge makes the follo in :
C NCLUSIONS
1 . The St . Paul Ci y Council and the Administrative Law
-3-
' ' �! �� 4�' d�
; Judge has jurisdictio i this matter pursuant to MSA §1�4 .55
and St . Paul Legislat ' e Code , Seetion 310 .05 and 310 .06 .
2 . The City of t . Paul has fulfilled all relevant
substantive and proce ur 1 requirements of law and rule.
3. The license holde i licensed by the City of St. Paul as
a restaurant in acco d nce with the St . Paul Legislative
Code , 331 , and is, e efore , required to comply with the
said Code relating o the way and manner in which the
establishment is oper te .
4. The City of St . P ul has proved by a preponderance of the
evidence that on nume o s occasions between May 21 , 1987 and
January 5 , 1989 , the 1 cense holder violated the St . Paul
Legislative Code rela in to the operation of the restaurant
more specifieally Sec io 331 .26 (e) , 331 . 12 (c ) and (d) and
331 .28 (d ) and 331 . 29 (a .
5 . As a result of th se violations over the stated period of
time, disciplinary ac io is necessary.
Based upon the foregoin Findings of Facts and Conclusions ,
the Administrative Law Ju ge makes the following:
EC MMENDATIONS
IT IS HEREBY RECO E DED that the City Council take
diseiplinary action again t he license holder as follows :
1 . That the food s rv' ce license of the Nakoyah Japanese
Restaurant be suspend d or a period of thirty ( 30) days .
2 . That the impositio of the suspension be stayed for a
period of six ( 6) mo th contingent upon the license holder
complying with the fo lo ing terms and conditions :
a . That the o n r/manager, Jung Ho Suh, attend and
satisfactorily c mp ete formalized food handler training
as approved by ,th Division o£ Public Health within
ninety (90 ) day o this City Council action and that
records of satis a tory completion be maintained on the
premises and ava la le for inspection .
b. Within thirt 30 ) days of City Council action , the
license holder de elop, with the assistance of the
Division of Pub ic Health , a formalized and detailed
cleaning plan an chedule that is satisfactory to the
division and th t records of daily completion of the
sehedule be main ai ed on the premises and available for
inspection .
c . Within thirt 30 ) days of the City Council action ,
that the license h lder post in food preparation areas
of the establish e t bilingual signs developed with the
-4-
-.:; assistance and a p oval of the Division of Public
Health , addressin he public health laws; including
those specificall r lated to hand washing by employees,
331 •26 (e) , Smoki g y food handlers 331 . 12 ( e) , Use of
hair control devi e , 331 . 12 (c) and cleaning of food
preparation areas , 3 1 • 29 ad 331 . 11 (a) and (g) .
3 . That the Division f Public Health be directed to do the
following:
a. Make frequen i spections during the period of the
stay to determine c mpliance by the license holder with
the terms and con itions of the Stay .
b. To score the es ablishment on a monthly basis using
the rating servi e eveloped by the State of Minnesota
and report the sc r s to the City Council at the end of
the stay .
c . To assist th icense holder to develop simple and
accurate biling 1 signs meant to communicate the
requirements of th St . Paul Public Health Code to
employees with litt e or no English language skills.
4 . If, at the end f he period of stay of imposition of
suspension, the City Co ncil finds that the license holder
has not achieved a a isfactory level of compliance , the
thirty ( 30 ) day suspe si n should be imposed.
5 . If , at the end i the period of stay of imposition of
suspension, the City C ncil finds that the license holder
has achieved a sa is actory level of compliance, the
suspension should be if ed .
Dated : � � ��
Richard A. Mosman
Administrative Law Judge
Hearing taped - two (2) c s ettes .
A request is hereby made fo a copy of final action taken by the
City Council be serve upon the Office of Administrative
Hearings , 310-4th Avenu outh , Fifth Floor, Minneapolis, MN
55415 .
-5-
c'�
•.~ ME ORANDUM
The City of St . Paul a proved, by a preponderance of the
evidence, that the li en e holder has violated certain
significant provisions of th St. Paul Legislative Code , Section
331 , in the numerous inspe ti ns done on the establishment over a
twenty one (21 ) month pe io of time . Although some of those
violations were smaller a d ousekeeping in nature , others were
significant and related d' r etly to specific provisions of the
Code relating to the equi me t used in food preparation and more
frequently hygiene practic s of the people preparing the food.
St. Paul Legislative Co e , Seetion 331 , Food License , and
several provisions of whi h the license holder was in violation
as noted on inspection she t . Without re-citing the text of all
of the provisions violate t e ones of repeated significance are
as follows :
Section 331 . 12 - Pers nn 1
( c) Cleanliness - Employee Hand Washing - Use of
Effective Hair R st aining Devices
( d) - Tobacco he Use of Tobacco Where Food is
Prepared or Serv d
Section 331 .26 - Hand W shing Facilities in Food Preparation
Areas
(e) Cleanliness S ap and Towel Supply
Section 331 .28 - Food E ipment and Utensils
( d) Standards fo ew Equipment - Equipment certified by
National Sanitat o Foundation or director
Section 33� •29 - Hous k eping
(a) Generally - r mises . . .shall be neat, clean and free
of litter and re u e .
The license holder d d make many corrections of cited
violations but there we e repeated uncorrected violations that
were noted on two and s metimes three successive inspection
reports extending over ne to two months . Since there are no
employees at the estab is ment that have had formalized food
handler training, their fa 'lure to correct violations may have
been a matter of their f il re to realize the requirements of the
law or the importance of co pliance .
Of the three full time e p oyees , only the manager, Jung Ho Suh,
has English skills suffi i nt to allow him to attend formalized
education classes conduc e in English . Although he has several
years of experience in th food service industry , it was not
evident that he had good comprehension of the specific
- 1-
. ,
� • ��� a'"f`
,�
:� requirements of the Publ 'c Health Law or the importance of
compliance . He did expre s a willingness to cooperate and to
educate his employees who d not have his English skills . It
would be impractical to re uire other members of his staff
without his English skills t attend English language training.
Mr. Suh is a full time m na er and is in the best position to
rapidly absorb the train ' n and enforee compliance . The
premises is adequately eq ip ed and capable of compliance with
proper knowledge of the re ui ements of the law.
It is the opinion of h Administrative Law Judge that the
suggested bilingual signs s way to communicate direetly to the
employees and serve as a d i y "reminder" of the requirements of
the law under which they wo k . A simple message in a native
tongue , with the encourag me t of the employer, may be all that
is necessary to obtain fu 1 ompliance from workers who may have
never before worked under i ilar legal restrictions .
The Division of Public H alth is in the best position to know
the law and to best super is the accuracy and intent of the law
when transformed into sim 1 signs . The object , of course , is
education of the food a dlers , but once developed, these
bilingual signs may have b oader use than just with this one
license holder.
-2-
;� � - ��� �x� �
. � �ik�..w�'
� �� ����.�.,���'�
STATE OF MINNESOTA )
County of Ramsey ) ss.
CITY OF SAINT PAUL )
I' . .. . . Alber B Olson. .... ... .� ._ . . . . . , , .City Clerk of the
City of Saint Paul M nnesota, do hereby certify that I have
compared the attac ed copy of CounciZ File No. , 89_39. . . ..
as adopted by the it Council... . ,JanuarX .3�, , , , , , , , , , , , ,1989. . . .
Januar 10, 89
and approved by th M yor. . . . .. . . . . .. . . .. . . . . . . . . . . . .. . . . 19. . . . . .
with the original he eof on file in my office.
I further cer if that said copy is a true and corr.ect copy
of said original a d he whole thereof.
WZTNESS my ha d nd the seal of the City of Saint Paul,
Minnesota this . . . , 9th. . . , day of . , January . � .. . . . ,A.D. 19.89.
. . . . . . . �.�u,>�:.,�.��� . . . . . . .
City Clerk. .��
wH�T.E - C�7r CIERK � �
PIN)E - FINANCE � COl1AC1I ?
8����'�'�.��VORTMENT GITY OF AINT PAUL File NO. ��` `J�
Counci � -esol.ution
�� -
Presented By ��L^�`��- � � �
Referred To Committee: Date
Out of Committee By Date
WHEREAS. the Notice of Hearing app ar d on thz (:ity Cauncil a4znda ot
December $, 19t38. whereby the City At orney's Office announced a date of
public hearing for December 22 bef re an Administrative Law Judge pertaining
to possible adverse action against li enses heid by Mr. 1-mine Lai dba
Pacific Garden Restaurant located t 38 St. Peter Street; and
WHEREAS, the Notice of= Hearing app ar d on the City Council agenda of
December 8, 1988, whereby the City At orney's Office announced a date of
public hearing for December 29 bef re an Administrative Law Judge pertaining
to possible adverse action against li enses heid by So S. Suh dba Nakoyah
Jaoanese Restaurant located at 156 U iversity Avenue; and
WHEREAS, Kathleen Stack, Community Se vices Director, on or about December
20 and 21 asked the City Attorney o ancei the public hearings and instead
pursue other avenues of education nd enforcement; and
WHEREA5, Legislative Code, Section 31 .05(a) aliows the City Councii to
initiate adverse actions; -
THEREFORE, BE IT kESOLVED, the Cit C uncii directs the City Attorney to
reschedule the public hearings bef re an Administrative law Judge and to
foilow regular procedures to notif a i interested parties of such hearing;
and
BE IT FURTHER RESOLVECI, the �ounci r quests the Mayor, the City Attorney,
and Department Directors of Financ , ommunity Services, and Fire meet with
the Councii on January 10 to revie a d/oi° revise policies. procedures, and
,jurisdictions regardin4 license in pe tion and enforcement and how they
interface with the Administrative aw Judge hearing system, and be it
FINALLY RESOLVED, that passage of hi resolution does not in any manner
indicate an opinion by the Council o the merits of these two matters;
rather, it represents the Council' sition that matters once scheduled
for administrative hearings conti e hrough that process.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
Lopg In Favor
Goswitz
Rettman p
s�ne;t�� Against BY
Sonnen
Wilson
Adopted by Council: Date
;dI{N _ 31gcg Form Approved by City Attorney
Certified Pass d uncii Se ar BY
By.
:�� 1 � �� ;� Approved by Mayor for Submission to Council
Appr e by � o • D
t -
BY
p�►g}� ��y 1419 -- �
' .� -� - ,�x� �
§329.05 LEGLS T E CODE �
. l
ted under this section,the license inspecto A1 Grocery,only . . . . . . . . . . . . . . . . . .$ 90.00
may commence revocation proceedings im
mediately pursuant to Section 310.05. �Grocery,frozen foods and/or butcher
(Ord. No. 17184, 11-20-84; Ord. No. 17357, § 2 • • • • • • • • • • • • � • • • • • • • • • • • • • • • • 125.00
5-2?-86) A3 Grocery, confectionery, frozen foods
and/or butcher . . . . . . . . . . . . . . . . 135.00
Chapter 330. Florists A4 Grocery, "food shelf" operation, so
called, where packaged food which
Sec. 330.01. License required. has been donate�-for charitable pur-
No person shall engage in the business of fl poses is distributed without charge
rist or nursery in Saint Paul without a license. to the recipients;provided,that the
retail florist shall be defined, for the purposes o fee shall be waived if the applicant
this chapter, as any person engaged in selling t registers with the city health de-
the ultimate consumer cut flowers,flowering an P�ment as directed by the inspec-
decorative plants, green plants and annual an tor . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
perennial plants for outside planting. Class B Bake
(Code 1956, §§ 383.01, 383.02) ucts,butcherrycaterere confectionary sto e,
• food distributor, manufacturer, proces-
Sec. 330.02. Fee. sor,wholesaler and/or warehouser . . . . 75.00
The fee required is forty-five dollars ($45.00 , Class C Restaurant; food establishment,
plus an additional fee of ten dollars ($10.00) f selling and servicing:
each vehicle used in the operation of the busine s $75.00 for restaurants with 25 or fewer
in Saint Paul. seats and open for business fewer than � �
(Code 1956, § 383.03) 9 hours per day.
Chapter 331. Food License* $150.00 for restaurants with 99 or fewer
seats and open for business fewer than
14 hours per day.
Sec. 331.01. License required;exceptions.
$250.00 for restaurants with 99 or fewer
No person shall operate a food establishment s � seats and open for business more than
defined in Section 331.07 within the corpora e 14 hours per day.
limits of the City of Saint Paul for the purpose f
dealing in or selling food for human consumpti n $300.00 for restaurants with 100 or more
without first obtaining a license. This chapt r seats and open for business fewer than
shall not apply to Chapter 341 of this Code de 1- 14 hours per day.
ing with milk and milk products. $500.00 for restaurants with 100 or more
(Code 1956, § 291.01(1A); Ord.No. 16938,6-29-8 ) seats and open for business more than
14 hours per day.
Sec. 331.02. Applicable license;m;n;**�um fee ,
Class C restaurants shall not be charged
Any person operating a food establishment wi ' an additional fee for square footage under
the City of Saint Paul must obtain a license of t e Section 331.03.
applicable type hereinafter provided. The lic n- Class D Food establishment other than
ses and annual minimum fees shall be as follo s: those covered under Class A, B and C
Class A Grocery: selling only foods bought pre-packaged �
or in original containers and sold at ��� -
'Cross reference—Vending machine licenses,Ch.363. retail for consumption offthe premises . 10.00 !
56
. � , ,� �,,�,�_ ���..-
ICENSES $331.05
Class E Beverage manufacturer or whole- Sec. 331.03. Additional fees.
saler distributor . . . . . . . . . . . . . . . . . . .$ 75. 0
In addition to the annual license fee as pro-
Closs F Ice plant (Deleted by Ord. No. vided in Section 331.02,each licensee(except Class
14061, adopted November 27, 1968) C restaurants)shall pay an annual fee determined
Class G Itinerant food establishment . . . . 50. 0 by the area used for selling, processing, packag-
ing, serving and cold storage used in connection
Class H Slaughter house . . . . . . . . . . . . . . 00. 0 with the business carried on at the premises as
Class I Vending machine location (as pra follows:
vided in Chapter 363) (1) Area of not more than 1,000 square feet,no
Class J Vending machine operator(as pro- additional fee.
vided in Chapter 363) (2) Area of more than 1,000 square feet, but
Class K Food vehicle used in connection less than 2,500 square feet,the sum of$10.00.
with any other class license . . . . . . . . . . 15. 0 (3) Area of 2,500 square feet, but less than
Class L Food establishment operated in 5,000 square feet, the sum of$30.00.
any public, private or parochial school (4) Area of 5,000 square feet, but less than
including nursery school,prekindergarten 7,500 square feet, the sum of$70.00.
school, elementary school, junior high
� school,high school, academy, college or (5) Area of more than 7,500 square feet, but
university which serves meals or lunch- less than 10,000 square feet, the sum of
es, whether in connection with or in �110.00.
addition to the education, training or (6) Area of 10,000 square feet or more, the
_ care of persons . . . . . . . . . . . . . . . . . . . . 1. 0 sum of$200.00.
Class M Food establishment operated in (Code 1956, § 291.01(1C))
any rest home, sanitorium, hospital,
boardinghouse or day care center which Sec. 331.04. Other procedures.
serves meals or lunches,whether in con- Nothing in this chapter shall affect licensing
nection with or in addition to the edu- procedures covered elsewhere in the Legislative
cation,training or care of persons . . . . . 1. 0 Code except as specifically provided. �
Class N Mobile food service food estab- (Code 1956, § 291.01(D))
lishment: Includes mobile food prepara-
tion vehicles and trailers,human-powered Sec. 331.05. Application,procedures,require-
mobile carts for packaged food service, ments,etc.
and human-powered mobile carts for mo- (a) Application. Any person desiring a food li-
bile food preparation. . . . . . . . . . . . . . . 00. 0 cense shall file with the inspector a written ap-
' Class O Food establishment operated in plication for such a license, giving in the applica-
any bed and breakfast residence, as de- tion, in addition to other required information,
fined in Chapter 378,which serves meals the full name and place of residence of the appli-
in connection with the provision of sleep- cant, the exact location of the building or build-
ing accommodations only . . . . . . . . . . . 25. 0 ings, the part of the building, including the area
(Code 1956, § 291.01(1B);Ord.No. 16816,8 11- 1; in square feet, or any other location including
Ord. No. 16839, 10-20-81; Ord. No. 16883, 2 11- 2; vacant lots, parking lots, open areas or the busi-
Ord. No. 17018, 5-17-83; Ord. No. 17058, 10 18 3; ness premises of another, intended to be used in
Ord. No. 17111, 2-23-84; Ord. No. 1739 , § 1, the conduct of the business and under such li-
9-4-86) cense, the dates and times the facility will be in
: � Note—Fees are subject to annual increase pursu nt t § operation, and whether or not the applicant has
� 3io.is. at any previous time been engaged in a food han-
�'�-_,_
• 2057 ,
$331.05 LEGI LA E CODE . =1
1
� dling business within the City of Saint Paul an , (fl Posting of license Each licensee shall keep
if so, when and where. The applicant shall sta e his license prominently posted on the premises,
in the application the nature of the business to e or if posting is impossible, available for inspec-
conducted. If he proposes to operate more th n tion at the location of the food establishment.
one such business,he shall so state in his applic -
tion and shall describe the part or portion of t e (g) Refund of fee. ff the application for the li-
building or place wherein he proposes to cond t cense is not granted, the applicant shall be re-
each of the businesses. the application shall i - funded the fees paid by hirn,less ten dollars($10.00)
clude a written lease or rental agreement or t e for processing the application. ,
written consent of the owner of the property i -
tended to be used in the conduct of the business,if (h) Expiration o f license. Each license granted
the applicant is not the owner of said property. under this chapter shall expire one year from
date of issuance.
Said application shall be signed by the app i-
cant in person and, when received by the insp c- (i) Reuocation for violation. Any violation of this
tor, shall be placed on file by him. The name f chapter shall be grounds for revocation of license
the applicant shall be registered by the inspect r on the premises where the violation occurred.
in a book of registration to be kept in the off`ice of
said inspector. (j)�Disorderly operation The conduct of any food
' establishment in a disorderly manner or permit-
(b) Determination of ared The following are s ting any immoral conduct or practices therein or
shall be used for the purpose of fixing the lice e the violation of any of the rules or regulations of
fee to be paid; all areas used for selling, proce s- the division of public health, department of fire
ing, packaging, serving and cold storage used 'n and safety services, or department of police, or
connection with the business carried on at t e any other city agency, shall be sufficient cause .
premises. for the refusal of license or the revocation of any
license already issued to the keeper or owner thereof.
(c) Inspection by division of public health. A
copy of all food license applications shall be e- (k) Bakery and bakery outlets. Bakeries and bak-
ferred to the director of the division of pub ic ery outlets shall comply with the rules and regu-
health or his authorized agent for review. Af r lations promulgated by the State of Minnesota
the report and recommendation of the direc r Commissioner of Agriculture.
have been received by the inspector,he may th n
grant or deny such application in accordance w h (1) Prior inspection Every person who applies
these chapters. for or holds an A2 Grocery license under this
chapter and a peddlers license under Chapter 345
(d) Single fee for manufacturer and distribut r. of this Code, and intends to sell or sells any read-
If the applicant is both a food manufacturer a d ily perishable food or any food consisting in whole
distributor and is manufacturing and distrib t- or in part of fish, shellfish or shrimp or other
ing the same product or products from one pl ce edible crustacea, shall not make any sale or hold .
of business,he need obtain only a manufacturi g such food out for sale unless and until the direc-
license for both types of business and pay one ee tor or his authorized agent has approved the source
therefor. of said food and inspected the food establishment
with all its equipment and found the same to be
(e) Manufacturer or distributor includes wh le� in conformity with applicable health codes and
sale and retaiL A duly issued license for a f d regulations. Such licensee shall give the two (2)
manufacturer or distributor shall authorize e days'notice before a change in the location of the
licensee to conduct either a wholesale or ret il food establishment.
business at the same establishment and for e (Code 1956, §291.01(2-13);Ord.No. 17003,3-22-83;
sale of the same product or products. Ord. No. 17097, 1-5-84) � �
2 58
- CENSES 3 331.07
Sec. 331.46. Food handler's certificates Clean shall mean free from physical, chemical
The inspector may require the licensee r h s or microbial substance discernable by ordinary
agent to obtain a food handler's certificate. fo sight or touch, by ultraviolet light, by artificial
handler's certificate may be issued to the lic ns e light, by the safranine-talc dye test or any other
of a food establishment, or his agent, wh h test approved by the director of the division of
satisfactorily completed a food handler's ur e public health,and free from insects,other vermin
offered by the division of public health or si - and debris.
ilar course acceptable to the division. A r aso - Closed shall mean �tted together snugly, leav-
able fee may be charged for the food ha le s ing no opening large enough to permit the en-
course or certificate. trance of vermin.
(Code 1956, § 291.02) Corrosion-resistant material shall mean mate-
Sec. 331.07. Definitions. rial which maintains its original surface charac-
The following definitions and terms shall app y teristics under prolonged and repeated influence
to the interpretation and enforcement of this c ap r. of the food, cleaning compounds and sanitiaing
solutions with which it may come in contact.
Adulterated food is any food which cons sts n
whole or in part of any filthy, putrid, deca ed r Director shall mean as used in this chapter,
decomposed substance, vermin or vermin pa s; hereafter, the director of the division of public
or which consists in whole or in part of th pr _ health.
uct of a diseased animal or of an animal hi h Easily cleanable shall mean readily accessible
has died by accident or other than by slaug ter if and of such material and finish and so fabricated
. the food is in contact with a container w ich is and placed that residue which may accumulate
composed in whole or in part of any poiso us r can be completely removed by normal cleaning
deleterious substance; if it contains or be s a y methods.
added poisonous or deleterious substance for wh' h Equipment shall mean such as,but not restricted
no safe tolerance has been established a y to, all ranges and ovens, hoods, meat blocks, ta-
federal, state or local law or regulation o is in bles, counters, refrigerators, sinks, dishwashing
excess of such tolerance if one has been est b- machines and steam tables,but shall not include
lished; if it has been processed, prepared, ac d utensils used in the operations of a food estab-
or held under unsanitary conditions whe eby it lishment.
may have been rendered injurious to healt .
Animal shall include any mammal, fo , fi h, Food shall mean any raw, cooked or processed
crustacean, mollusk or any other animal sed as edible substance,beverage or ingredients,includ-
a source of human food. ing ice and water, intended for use or for sale, in
whole or in part,for human consumption.
Approved shall mean acceptable to the 'rec or
of the division of public health or his aut ori ed F'�d contact surfaces are those surfaces of equip-
agent following his determination as to o r- �ent and utensils with which food normally comes
mance with the provisions of this chapter. in contact and those surfaces with which food
may come in contact or which drain onto surfaces
Boardinghouse means every building, st ct e, normally in contact with food.
enclosure or any part thereof used as, mai i d,
advertised as or held out to be an enclosur wh re Food distributor is any person engaged in dis-
meals or luncheons are furnished to fiv (5) or tributing food manufactured by others or by himself.
more boarders for periods of one week or ore Food establishment shall mean any building,
Caterer shall mean any person,firm or c rp a- room, stand, enclosure,vehicle, space, area,board-
tion engaged in the business of providing, re ar- inghouse or other place wherein food is stored,
ing and serving food to individual persons o gro ps prepared, manufactured, processed, wrapped,
� of persons at any place in the city other tha a canned, packed, bottled, distributed, offered for
restaurant licensed under this Code. sale, or served, with or without charge.
. 2059
•, , � , . � � - . -
' � "� • T \..
4 331.07 LEG LA NE CODE ,: �}
Food manufacturer is any person engaged in Sanitize means effective bactericidal treatment
the manufacture, compounding, intermixi g, to clean surfaces or equipment and multiuse uten-
packaging or preparing of food for human c n- sils by a process which has been approved by the
sumption. director or his authorized agent as being effective
Frozen foods shall include,but shall not be li - � destroying microorganisrns, including pathogens;
ited to, ice cream, frozen custard, ice milk, fr it not injurious to the surfaces; and not hazardous
ice or ice sherbert, frozen malted milk, froz n to the health of the food consumer or to the user
milk shakes, French ice cream and French c s- of the sanitizing agent.
tard ice cream, or any other food preserved y Sealed shall mean free of cracks or other open-
freezing and which is served, sold, stored or tr - ings which permit the entry or passage of moisture.
ported in the frozen state.
Single�service articles include cups, containers,
Home prepared food shall mean any food whi h lids or closures,plates,knives,forks,spoons,stir-
has been manufactured, processed or prepared in rers, paddles, straws, place mats, napkins, doi-
a private home. lies, wrapping material and all other similar ar-
Itinerant food establishment shall mean a f d ticles which are constructed wholly or in part
from paper, paperboard, molded pulp, foil, wood,
establishment operating for a temporary per' d plastic, synthetic or other readily destructible ma-
of less than fourteen(14)days, including,but ot terials and which are intended by the manufac-
limited to, a fair, carnival, circus, public-exhi i- turers and generally recognized by the public as
tion, or community celebration. being for one use only, then to be discarded.
Kitchenware shall mean all utensils other th n Smooth shall mean having an even surface,
tableware used in the storage, preparation, c n- free of cracks, chips, open seams, rust, corrosion, �
veying or serving of food. breaks,pits, checks and ridges. - ; .
Mobile food preparation shall mean the pre a- Tableware shall mean all multiuse eating and
ration, packaging, wrapping, handling and s r- ��ng utensils,including knives,forks and spoons.
vice of food other than in its original sealed c n-
tainer or package. Utensils shall mean any kitchenware and ta-
bleware used in storage, preparation, conveying
Packaged food service shall mean the sale of or serving of food.
food which is prewrapped or packaged in its or g-
inal container. Vending mach,ine shall mean any automatic
self-service device which, upon the insertion of a
Perishable food shall mean any food of s h coin, coins or tokens, dispenses unit servings of
type or in such condition as may spoil. food or beverages either in bulk or packages with-
Prepackaged food is clean,unadulterated,wh e- out the necessity of replenishing the device be-
some food packaged in a substantial, clean c n- tween each vending operation.
tainer or wrapper in an approved food establishme t. Wholesome shall mean sound, healthful, clean,
Readily perish.able food or potentially haza d- free from adulteration and in all ways fit for human
ous food shall mean any food consisting in wh le food.
or in part of milk, milk products, eggs, me t, (Code 1956, § 291.03; Ord. No. 17003, 3-22-83;
poultry, fish, shellfish, edible crustacea or ot er Ord.No. 17018,5-17-83; Ord.No. 17058, 10-18-83)
ingredients, including synthetic ingredients, i a �c. 331.08. Sources of food.
form capable of supporting rapid and progress e
growth of infectious or toxigenic microorganis s. (a) Food supplies All food in iood establishments
Neither term includes clean, whole, uncrack d, shall be from sources approved or considered sat-
odor-free shell eggs or foods which have a H isfactory by the director or his authorized agent
level of 4.6 or below or a water activity(a�)va e and shall be clean, wholesome, properly labeled,
of 0.85 or less. - and safe for human consumption. No hermetically . .
2 60
%
L CENSES $331.08
sealed, nonacid and low-acid food which has ee limits of the City of Saint Paul,the carcass of any
processed in a place other than a commercia foo animal, or products containing the parts of a car-
processing establishment shall be used. Food ha cass of any animal, unless
have been protected from contamination and poi -
age during subsequent handling, packagin an (1) It shall have been slaughtered, processed
storage, and while in transit. and inspected in an establishment licensed
by and operating under the provisions of
(b) Home prepared foods prohibited No o the Act of Congress relating to the federal
prepared foods shall be kept or used in an fo inspection of ineat and meat products or
establishment. licensed by and operating under the"Poul-
(c) Sources of dairy products. Milk and flu try Products Inspection Act of 1957;" pro-
milk products shall be Grade "A" as defi ed vided, however, that, where the slaughter
Chapter 341 and shall be served to the con um r of poultry is conducted at a retail store
in the individual unopened original contai rs n with respect to live poultry purchased by
which they were received from the distribu or, r the consumer at the retail store and pro-
served from a bulk container equipped ith a cessed by the retail store operator in ac-
sanitary dispensing device;provided,howeve ,th t - cordance with the consumer's instructions,
cream,whipped cream, or"half and half' ay e in normal retail quantities (as defined in
poured from an open original container o fr C.F.R. Title 9, Section 381.10(dXii), if not
an approved dispenser for use or service n t e licensed because of exemption from the re-
premises; provided further, that milk se ed t quirements of the Poultry Products Inspec-
hospitals and institutions may be serve fr m tion Act of 1957 and the regulations for
' one-quart or two-quart containers packag d a a inspection of the processing of poultry and
� milk plant, and mixed milk drinks requiri g 1 ss poultry products, such possession and sale
� - than one-half pint of milk may be poure fr m will not be unlawful,but the operator must
one-quart or two-quart containers packag d a a nevertheless operate in compliance with
milk plant. The dipping or ladling of milk is p o- standards set forth therein; or unless
hibited except for immediate cooking p o s.
This section shall not apply to manufactu in or (2) It shall have been slaughtered, processed
processing food establishments which mak re ail and inspected in accordance with the laws
or direct sales, or consumers. of a state, or a governmental subdivision
thereof, which is approved by the director.
(d) Sources of shellfish. No person shall av or The director may approve any such source
keep in any food,establishment any oysters cl , if the laws under which it is operating are
mussels or other shellfish from a source hic is substantially equivalent to those of this cha�
not listed on the current list of State C rti ed ter and are enforced with equal effective-
Shippers,issued by the United States Publi He th ness by an agency of the state or a gov-
Service, and such approval shall be evide ce by ernmental subdivision.
an official stamp on the original container. u ed
shellfish shall be kept in the original c ta er (g) Shell eggs. All shell eggs used by a restau-
until used. Oysters, clams, mussels, a o er rant, caterer, nursing home, school, charitable
shellfish, if served on the shell, shall be s rve in organization or similar establishment which pre-
� the original shell. pares and serves food for human consumption must
(e) Sources of frozen dairy foods. All froa n d iry be of Grade A at destination, or better, as that
foods shall be from approved sources a d s all term is defined under the Minnesota Department
meet applicable state laws,rules and re lat' ns. of Agriculture Rules Governing Candling and Grad-
ing of Eggs, 3 MCAR Section 1.0389 H and Sec-
(fl Sources of ineat and poultry. It sha 1 b un- tion 1.0398 B 4.
lawful for any person to sell or to have i po ses- (Code 1956, § 291.04; Ord. No. 16959, 9-23-82;
� ' �± sion for the purpose of sale, within the c rp ate Ord. No. 17058, 10-18-83)
�.-
2061
§331.09 LEG LA NE CODE �
Sec. 331.09. Packaging. and ice containers, unless they are single service
(a) Labeling.Food manufacturers or process S utensils, shall be made of a smooth impervious
licensed by the City of Saint Paul shall com y material and designed to facilitate cleaning. They
with the labeling rules and regulations prom 1- shall be clean at all times. Canvas containers
gated by the state commissioner of agriculture. shall not be used. If ice crushers are used, they
shall be of such type as to be easily cleanable.
(b) Newsprint prohibited It shall be unla 1 They shall be maintained in a clean condition
to wrap or pack food in newsprint. and shall be subject to bactericidal treatment and
(c) Singl�service packageS Single-service wr _ shall be covered when not in use.
ping, packages or containers shall not be re-us d (Code 1956, § 291.06)
for storing, transporting, or serving food. �c. 331.11. Food protection.
(Code 1956, § 291.05)
(a) Protection from outside contamin¢tion. Dur-
Sec. 331.10. Water supply. ing and after delivery and while being stored,
prepared, displayed, served or sold in food estab-
(a) Safe water and safe water supply. Safe wat r lishments or transported between such establish-
from a safe water supply, consisting of hot a ments,all foods shall be adequately protected against
cold running water under pressure, shall be pr - contamination from surfaces which are not clean,
vided in all food establishments where .food s utensils which have not been given bactericidal
prepared and where utensils, equipment, contai - treatment, unnecessary handling, flooding by sew-
ers or hands are washed, with the exception f age or drainage, coughs, sneezes, overhead leak-
food vehicles which handle only prepackaged foo age,dust,flies,insects,rodents and other vermin,
(b) Water sources. All water shall be drawn fro or any other source of contamination. Protection �
the municipal water system;provided,however, of displayed foods shall be accomplished by cov-
water supply located on the premises may be use ers, glass or plastic shelf plates, counter guards
if the water quality, well location and well co - or sneeze guards and may consist of a combina-
struction conform to the standards of the Minn - tions of protective devices approved by the direc-
sota State Board of Health or are approved by th tor or his authorized agent.
director or his authorized agent. (b) Temperature of readily perishable food The
(c) Cross connections to city water prohibite ��Perature of readily perishable food, during stor-
No direct connection shall be made or permitte age,shall be forty(40)degrees Fahrenheit or lower,
to exist between the public water supply syste or one hundred fifty (150) degrees Fahrenheit or
of the City of Saint Paul and any other source higher, except during necessary preparation and
water. serving.Foods served cold shall be displayed in or
on a refrigerated facility which can reduce to and
(d) Filling, transporting and dispensing wate maintain the product temperature at forty-five
from containers. Water used for drinking purpose (45)degrees Fahrenheit or below. These tempera-
which is not dispensed through the water suppl tures do not apply to those foods stored in ap-
pipes of the plumbing system, shall be safe wate proved vending machines. A temperature varia-
from a safe water supply and shall be placed in a tion of five(5)degrees Fahrenheit in refrigerated
approved container, transported and dispensed i display cases is permitted during times of ineal
a sanitary manner. service,but not to exceed four(4)hours. All read-
(e) Water and ice All ice shall be manufacture ily perishable frozen food shall be thawed at re-
only from safe water which has been obtaine frigerator temperatures, or under cold running
from a safe water supply. Ice manufacturing equi �P Water from an approved source, or quick-thawed
ment shall be approved construction and shall b as a part of the cooking process.
operated and maintained in a clean and sanitar (c) Fruits and vegetables. Raw fruits and vege-
manner. Ice shall be packaged, stored and trans tables shall be thoroughly washed with safe water -�
ported under sanitary conditions. Buckets,scoop before use.
06
. • � � r,.
_ �; y�� � �'`--'
LICENSES §331.11
(
(d) Re�serving individual portions prohib'ted In- (1) The animal hide or feathers must be com--
dividual portions of food,once served,sha no be pletely removed before the carcass or parts .
served again,except that wrapped food w ich as of a carcass can be stored in a refrigerator,
not been unwrapped and which is wholeso e ay freezer or walk-in cooler that contains any
be re-served. other product edible by humans.
(e) Temperature during iransportation e od- (2) The carcass or other parts of a carcass of a
uct temperature of readily perishable fo d s all game animal must be stored so as not to
be maintained at forty-five (45) degrees ah en- come in contact with any other product ed-
heit or lower or one hundred fifty (150) de ees ible by humans.
Fahrenheit or higher and protected from on m- (3) A metal container with a tight-fitting metal
ination during transportation from one oc ion cover must be used for the storage of hides,
to another by food cart, truck or caterin se ice offal and feathers. This container is not to
as the case may be, except that the tem era ure be stored in any refrigerator,freezer or walk-
requirements shall not apply to trucks use in in cooler where any other edible product is
the delivery of food stuffs by retail gro ers and stored.
retail meat dealers to homes of their cus om rs. (4) When an establishment receives game an-
(fl Food storage. No food shall be stor a any r imals,or the carcass or parts of a carcass of
time in an area not having proper.dra ag , or game animals, a report must be made to
under improperly protected waste or se er 1 nes, the director identifying the animal and de-
or where condensation may fall, drip or co e in scribing how it will be processed:
contact with or on such articles. Food sha 1 be (5) Every piece of equipment and all utensils
stored on racks or similar devices which wil pre- and tools used in the processing of game
vent the food containers from coming n irect animals must be thoroughly cleaned and
�� contact with the floor. Shelves, pallets, ck and � sanitized before being re-used on any other
' similar devices shall be so constructed tha the edible product.
areas underneath them are easily acce sib e for
cleaning. (j) Regulations for transporting meaL
(g) Food handling. All food shall b ha dled �1) The meat compartment of all vehicles which
and served in such a manner as to min mi the �'e used for trans-porting meat must be com-
opportunities of contamination. Sugar, cr kers pletely enclosed and have floors, walls and
and condiments shail be served only in d spe ers, ceilings which are constructed of smooth,
containers or wrapped packages for indi 'du ser- impervious, tight-fitting material that is
vice acceptable to the director or his th rized designed to facilitate cleaning.
agent. (2) The product temperature of ineat and meat
products shall be maintained at forty-five
(h) Toxic materials. Poisonous polis ng ate- (45)degrees Fahrenheit or less at all times
rials are specifically prohibited in all ea used except as stated in paragraph(e).
in connection with food establishment o er ions,
. and only such other toxic materials s e re- (3) Meat which is not wrapped must be prop-
quired for sanitary operations may be res nt in erly hung on hooks or stacked on clean,
such areas.Toxic materials shall be ob ne iden- smooth racks.
' tified,stored and used only in such a m nn r and (4) All unwrapped meat, including beef quar-
under such conditions as will not co ta inate ters, must be properly segregated and pro-
food or constitute any other ha2ard to an tected from contamination by other items
(i) Game animals. It shall be unla ul f r any such as slack barrels, cartons, packages or
person to process in an establishment, it in the cans.
corporate limits of the City of Saint Pa , any (5) Unwrapped meat or meat products shall
game animal except in accordance w' h e fol- not be allowed to come in contact with the
.,._
� � lowing provisions: floor or tailgate surface of a vehicle.
\_._.�'
2063
§331.11 LEGIS T E CODE
(6) All meat and meat products must be se- (d) Tobacco. No person shall expectorate or use
_ curely wrapped or packaged if lugged o tobacco in any form in any area in wkich food is
carried from a vehicle to a destination whic prepared or served, or in any other area where
necessitates carrying the product expose the use of tobacco may be detrimental to the sani-
to the elements outside of buildings, ove tation and cleanliness of the food establishment.
public sidewalks,streets or alleys,or throug This pazagraph does not prohibit the use of to-
� the customer area of a retail or wholesal bacco by customers in the dining areas of food
market. service establishments.
(7) Any vehicle which is used for transportin (Code 1956, § 291.08) '
meat must be kept in proper sanitary con
dition at all times when so used and mus Sec. 331.13. Procedure when infection is
be thoroughly cleaned after each dail suspected.
operation. When the director or his authorized agent has
(Code 1956, § 291.07) reasonable cause to suspect disease transmission
Sec. 331.12. Personnel. from any food establishment employee, he shall
secure morbidity history of the suspected employee
(a) Health and disease controL No person, whil or make any other investigation as may be indi-
afflicted with any disease in a communicable fo , cated. The director or his authorized agent shall
or while a carrier of such disease, or while - require any of the following measures:
flicted with boils, infected wounds, open sores o
an acute respiratory infection, shall work in an (1) The immediate exclusion of the employee
area of a food establishment in any capacity i from all food establishments.
which there is a likelihood of such person tran - (2) Tl�e immediate closure of the food estab-
mitting disease, and no licensee of a food esta - lishment until no further danger of disease
lishment shall permit an employee known or su - outbreak exists.
pected of being infected with any disease to wor
in such areas. If the licensee or his manager h (3) Restriction of the employee's services to
reason to suspect that an employee has contract some area of the establishment where there
any disease in a communicable form, or has b - would be no danger of his transmitting the
come a canier of such disease, he shall notify t e disease.
director immediately. (4) Adequate medical and laboratory examina-
(b) Unsanitary practices. No person shall enga e tions of the employee or other employees,
in any practice which is unsanitary or which ten and of his or their body discharges.
to be detrimental to the cleanliness and sanit - (Code 1956, § 291.09)
tion of the food establishment or the health of t e
patrons thereof. Sec. 331.14. Cleaning and bactericidal treat-
(c) Cleanliness. All employees shall wear cle n ment of utensils and equipment.
washable outer garments, maintain a high degr e (a) Generally. A;1 multi-use eating and drink-
of personal cleanliness, and conform to hygie 'c ing utensils shall be thoroughly cleaned and san-
practices while on duty. They shall wash th ir itized after each use. All kitchenware and food
hands thoroughly in an approved hand-washi g contact surfaces of equipment used in the prepa-
facility before starting work and as often as n c- ration or serving of food or drink, and all multi-
essary to remove soil and contamination from h use food storage utensils, exclusive of cooking sur-
and nails. No employee shall resume work af r faces of equipment, shall be thoroughly cleaned
visiting the toilet room without first washing han . and sanitized after each use. Utensils, pans, cas-
All employees engaged in food preparation or s r- seroles and the like, which are used routinely for
vice shall wear hairnets, headbands, caps or ot er oven baking and for no other purpose, shall not
effective devices designed to prevent hair fr m be required to be given a bactericidal treatment
coming in contact with food or food contact surfac . but utensils must be clean. Nonfood contact sur-
2 64
LICENSES §331.14
faces of equipment shall be cleaned at suc in er- partment to be used for washing, the second for
vals as necessary to keep them in a cl n nd clear water rinsing, and the third to be used for a
sanitary condition. All kitchenware and f od on- bactericidal solution which shall be composed by
tact surfaces of equipment used in the ep a- one of the following methods or other method
tion, service, display or storage of readily per sh- approved by the director:
able food shall be sanitized prior to such e, nd
following any interruption of operations dur ng (1) Completely immersed in clean water con-
which contamination of food contact s ace is taining not less than fifty (50) parts per
likely to have occurred. Where equipme t nd million of available chlorine if hypochlorites
utensils are used for preparation of pot nti ly are used, or not less than two hundred(200)
haaardous food on a continuous or product' n-1 ne parts per million if chloramines are used,
basis,the food contact surfaces of such equ pm nt for not less than two (2)minutes at a solu-
and utensils shall be cleaned and sanit zed at tion temperature of not less than seventy-
intervals throughout the day on a sched le 'p- five(?5)degrees Fahrenheit;
proved by the director or his authoriaed a nt.
(b) Sanitize—Manual hot w¢ter metho . T is �2) Completely immersed in clean water con-
taining not less than twelve and one-half
method of bactericidal treatment shall co sist of - (12'fz) parts per million of available iodine
immersion for at least two (2) minutes in cle n,
hot water at a temperature of at least on h n- in a solution having a pH not higher than
dred seventy (170) degrees Fahrenheit or f r o e- �•0 for not less than one minute at a solu-
tion temperature of not less than seventy-
half minute in boiling water. A thermome er c- five(?5)degrees Fahrenheit.
curate to plus or minus two degrees(±2°)F enh it
� shall be kept in a convenient place near th fa '1-
� � ities for checking the water temperature. P uri g �d) Large equipment and utensils. A two-com-
or spraying water over washed utensils or qu p- Partment sink shall be provided and used, except
ment is prohibited as a means of bactericid tre t- for utensils sanitized in place, for pot, pan and
ment except in a spray cabinet or automati di _ equipment washing and sanitizing. Each sink com-
washer. Water used for bactericidal treat nt f Partment shall be adequate in length, width and
utensils and equipment shall at all times uri g depth to permit complete immersion of equipment
business hours be kept at a temperature of t and equipment component parts. Hot and cold
least one hundred seventy (170) degrees F hre - �'ater shall be provided to the sink so that either
heit and at all other times while utensil a d compartment can be supplied with water. Inte-
equipment are being washed and given bac eri i- �'al drain boards shall be provided on each end of
dal treatment. A three-compartment sink sh 1 the sink. The compartment used for sanitizing
be used, with the first compartment for wa hin , must be equipped with a heating unit or other
the second compartment for rinsing, and the th' d means of maintaining a temperature of one hun-
compartment for immersion sanitizing in at r �'ed seventy (170) degrees Fahrenheit or higher
at a temperature of at least one hundred se en "�'hile the sink is being used except where the
(170) degrees Fahrenheit. The bactericidal co _ chemical method of sanitizing is used.An approved
partment must be properly equipped with a hea - thermometer, accurate to plus or minus two de-
ing unit or other means to maintain the spe ifi �'ees(f 2°)Fahrenheit, must be available to rou-
temperature while in use. Integral drain b ar tinely check the water temperature. Bactericidal
of suf�'icient size shall be provided at each d i treatment shall consist of immersion of the cleaned
the sink. equipment,parts thereof,trays,pots and pans for
at least two (2) minutes in water of one hundred
(c) Sanitize-Manual chemical method All te - seventy(170)degrees Fahrenheit or higher.Where
sils and equipment shall be clean before ein any food establishment is using a three-compartment
subject to bactericidal treatment by any che ic sink in conformity with the above specifications,
� method. Where chemical sanitizing is used, a the sink may also serve as a pot, pan and equip-
compartment sink shall be required: the first co ment sink. A twacompartment sink with inte-
' 2065
§331.14 LEGIS T CODE �
�
gral drain boards on both ends may be used in Sec. 331.15. Storage of utensils and equipment.
food establishments using complete single service �a) Storage facilities After bactericidal treatment,
for its customers. utensils and portable equipment shall be stored
(e) Mechanical spray-type washing and bacteri in a clean dry place and protected from flies,dust,
cic�al treatment When mechanical spray-type wash splash, overhead leakage, condensation, and other
ing operations are employed, all multi-use uten contamination and shall be handled so as to pre-
sils and equipment shall be prescraped,preflushe vent contamination. Wet cold storage of glasses
and presoaked. All multi-use utensils and equip or similar utensils is prohibited except with equip-
ment washed by machine shall be racked or place ment specifically approved by the director for this
on conveyor belts in such a way that all foo use. All under counter utensils storage compart-
contact surfaces shall be thoroughly covered b ments less than eighteen (18) inches from the
wash and rinse water sprays. Effective deterge floor shall be enclosed and the doors shall be kept
concentrations shall be used at all times. Was closed. Enclosed automatic utensil elevators are
water temperatures shall be at least one hundre acceptable.Facilities for the storage of silverware
forty (140) degrees Fahrenheit. Flow pressure f shall be provided and shall be designed and main-
rinse shall be maintained at all times at not le s tained to present the utensil handle to the em-
than fifteen (15) or more than twenty-five (2 ) Ployee or customer. Shelving shall be protected
pounds per square inch in the water line at t e by smooth, easily cleanable, nonabsorbent mate-
machine, and not less than ten (10) pounds p r rial. Whenever practicable, containers and uten-
square inch at the rinse nozzles. A control val e sils shall be covered or inverted.
may be required and pressure gauge shall be i - (b) Handling utensils and equipmen� Utensils
stalled immediately upstream from the final ri e and equipment shall not be handled by the sur-
sprays to permit adjustment of the flow pressu . faces which come in contact with food. Fingers
The temperatures of the final rinse water shall e shall not touch the rims of cups or glasses, the
at least one hundred eighty (180) degrees Fa r- bowls of spoons, the tines of forks or the blades of �
enheit at the entrance of the rinse manifold wh le knives.
the dishes are being rinsed.Thermometers wh' h
accurately indicate both rinse and wash wa er �c) Storage—Ice Cream dippers. A running-water
temperatures shall be installed on all machin s. dipperwell, connected to a safe water supply and
Conveyors in dishwashing machines shall be c- �'ained properly to the municipal sewage system,
curately timed to assure proper exposure time in shall be provided for ice cream dippers and scoops
wash and rinse cycles. Jets, nozzles and all ot er at all locations or stations where bulk ice cream
� parts of each machine shall be maintained fre of or sherbert is dispensed. This requirement shall
chemical deposits,debris and other soil.Autom tic not apply in those situations where ice cream is
detergent dispensers, if used, shall be kept in being served at a temporary location. In such
proper operating condition. cases, containers of water used for ice cream dip-
pers and scoops shall have the water changed at .
least every twenty(20)minutes.
(� Other methods. Any other type of mach e, �Code 1956, § 291.11)
device, facility or procedure may be approve by
the director or his authorized agent for clea �ng �c. 331.16. Sewage disposal.
or sanitizing equipment and utensils if it ca be
readily established that such machine, device fa- All water-carried sewage shall be disposed of
cility or procedure will routinely render eq ip- by means of the public sewage system of the city
ment and utensils clean to sight and touch nd if such system is available. When an individual
will provide effective bactericidal treatmen as sewage disposal system is used, if shall be de-
demonstrated by an average standard plate c unt signed,located and constructed in compliance with
, per utensil examined of not more than one un city codes and standazds of the state board of
dred(100)colonies. , health;provided,however,that food vehicles may
(Code 1956, § 291.10) dispose of their liquid waste into receptacles car- ��
2066
, , � - �7 � � �+..,�.
�- - �
CENSES . $331.19
ried on the vehicle for that purpose. This as e Sec. 331.18. Insect and rodent control.
shall be ultimately discharged into a publi se -
age system or otherwise disposed of in a m nn r Effective and approved measures must be taken
which will not endanger any source of wat s _ to prevent the entrance, breeding or presence of
ply, pollute any body of surface water, cr ate a vermin within a food establishment.
nuisance or otherwise endanger the public eal h (Code 1956, § 291.14)
and safety.
(Code 1956, § 291.12) Sec. 331.19. Floors.
(a) Surface r�zateriaL The floor surfaces in kitch-
Sec. 331.17. Garbage and refuse stora e a d ens and in all other rooms and areas in which
disposal. food or drink is prepared,manufactured,processed
or stored, or in which utensils are washed, gar-
(a) Storage. All garbage and refuse as efi d bage or refuse is stored, and in toilet rooms, dress-
in Section 357.02 must be stored in lea -pr f, ing or locker rooms, and in walk-in refrigerators,
nonabsorbent containers which shall be k t c v- shall be constructed of smooth nonabsorbent, eas-
ered with tight-fitting lids. The containe n ed ,ily cleanable materials; provided, that the floors
not be covered when stored in a special r n- of areas used for the storage of nonrefrigerated
proof room or in a food waste refrigera r. 11 dry foods need not be nonabsorbent.
other refuse shall be stored in containers ro s
or areas in a manner approved by the dir cto of (1�) Grease resistant The floor covering shall be
the division of public health. grease resistant in all areas where grease or fatt�
substances are normally used.
(b) Cleaning facilities. Adequate cleani g f il-
' � ities shall be provided and each containe , r om �c) Rugs and carpets. These requirements do
� or area shall be kept thoroughly cleaned ter he not prevent the use of rugs and carpets if they are
emptying or removal of garbage and/or re us kept clean and in good repair in dining rooms and
hallways. �
(c) Storage area size. The rooms, areas nd on- (d) Abrasiue strips. Abrasive strips may also be
tainers used shall be adequate for the st ra of used wherever deemed necessary to prevent
all garbage and refuse accumulating on t e p m- accidents.
ises between normal removal intervals.
(e) Floor drains. Floor drains shall be provided
(d) Pickup disposal containers. All gar age nd in all areas where floors are subjected to flooding-
wet refuse stored for pickup disposal on e te- type cleaning or where normal operations release
rior and/or interior of a food establishm nt all or discharge water or other liquid wastes onto the
be placed in plastic bags or any other t of floor.The floors in all these rooms shall be graded
moisture-proof containers which have th eq iva- to trapped drains. These drains shall be provided
lent of at least two (2) mills in strengt b fore with a reverse flow prevention device.
being placed in a metal or plastic pickup dis osal
container. All bags and containers sha 1 b se- (fl Exterior areas The walking and driving sur-
curely tied before being placed in the pi ku dis- faces of all esterior areas where food is served
posal container. All lids, covers and do s o the shall be kept clean,properly drained and finished
pickup disposal container when closed s all ave so as to facilitate maintenance and minimiae dust.
their entire surfaces in complete contact wit the (g) Coving. In new construction or in remodel-
top or side rim openings at all times. ing of existing buildings, floors shall be coved to
(e) Frequency of disposaL Garbage a d r fuse the walls with a minimum of one-inch-radius cove.
shall be disposed of with sufficient freq nc and (h) Cleaning; repair. All floors must be kept
� : in such a manner as to prevent a nuisa ce. clean and in good repair. All floor cleaning shall
� (Code 1956, § 291.13) be performed in such a manner as to prevent the
' 206?
$331.19 LEGI LA NE CODE
spread of dust. During floor cleaning operatio , Sec. 331.22. Lighting. --
all foods, food contact surfaces, equipment a d
utensils are to be protected from contaminati n All work surfaces shall be illuminated with at
from splash or dust. least twenty(20)footcandles of light. At least ten
(Code 1956, § 291.15) (10) footcandles shall be provided on all other
surfaces and equipment, and in dressing and toi-
Sec. 331.20. Walls and ceilings. let rooms. In storage areas a minimum of five(5)
(a) Clearzing and repair. The walls and ceilin s footcandles of light at thirty (30) inches from the
of all rooms shall be kept clean and in good repa' . floor shall be provided. Subdued light in dining
areas and public access areas is acceptable; pro-
(b) Surface materiaL The walls of all rooms r vided, that lighting of ten(10)footcandles is avail-
areas in which food is prepared, or utensils r able and used during the cleanup period.
hands are washed, shall be easily cleanable, no - (Code 1956, § 291.18)
absorbent, smooth and light colored, and sha 1
have washable surfaces up to the highest lev 1 �c. 331.23. Ventilation.
reached by splash or spray.
(c) Acoustical materials Washable acoustical m - �a� Generally. All rooms in which food is manu-
terials which are easily cleanable may be used o factured, processed, prepared, served or utensils
the ceilings, provided ventilation is adequate az'e�washed, and all toilet, dressing and locker
minimize grease and moisture absorption. rooms, and garbage and refuse storage azeas, shall
be well ventilated.
(d) Wa11 couerings. Wall covering material sha 1
be securely sealed to the wall to prevent dirt r (b) Ventilation h.00ds. Ventilation hoods and de-
grease accumulations or insect harborage. vices shall be installed over equipment where grease �
vapors or smoke are produced in the preparation
(e) Decorative materials. Studs, joists, rafter , of food, and they shall be designed so as to pre- '
lattice work or other decorative materials in di - vent grease or condensate from dripping into food
ing or access areas shall be suitably finished an or onto food preparation surfaces. Filters, where
shall be kept clean and in good repair. used, shall be readily removable for cleaning or
(fl Fixtures and attachments Light fixtures, f , replacement. Ventilation of rooms, areas and equip-
hoods, filters, window sills and other similar equi ment, including gas or oil fire room heaters and
ment or materials attached to walls or ceilin water heaters, from which noxious fumes or va-
shall be kept clean. pors, contaminated aerosols or obnoxious odors
(Code 1956, § 291.I6) may originate, shall comply with the city build-
ing code.
Sec. 331.21. Screen.ing. (Code 1956, § 291.19)
(a) Generally. All food manufacturing, proces
ing, preparation and service areas accessible t �c. 331.24. Dressing rooms and lockers.
flies shall have outside openings,such as doors o Adequate facilities shall be provided for the
windows, effectively screened during fly seaso orderly storage of employees' clothing and per-
and all doors opening to the outside shall be sel �nal belongings.Where employees routinely change
closing,unless other effective means are provide clothes within the establishment, one or more
to prevent the entrance of flies and other insect �essing rooms or designated areas shall be pro-
All openings shall be protected and constructed t vided for this purpose. These facilities shall be
prevent entr.ance of flies,other insects and rodents located outside the food preparation, storage and
(b) Type and repair. Doors,windows and scree serving areas and outside the utensil washing
shall be kept clean and in good repair. Screenin and storage areas. The director or his authorized
shall not be less than sixteen-inch mesh wire o agent may permit dressing rooms in food storage
plastic material. rooms where only bottled or completely packaged
(Code 1956, § 291.17) food is stored. Dressing rooms or such designated
20
. r
� L CENSES $331.2?
areas shall be equipped with lockers or othe sui - Sec. 331.26. Handwashing facilities in food
able facilities. Dressing rooms and lockers sha 1 preparation area.
be kept neat and clean. (a) Where necessary. Food establishments,with
(Code 1956, § 291.20) the exception of food vehicles and vending ma-
chines, shall be provided with adequate, conve-
Sec. 331.25. Toilet facilities. niently located lavatories. It shall be unlawful to
(a) Where necessary. Food establishment ,wi h use utensil washing, food washing or food prepa-
the exception of food vehicles and vendi _ ration sinks as facilities for handwashing.
chines,shall be provided with conveniently 1 at d (b) Equipment needed Such lavatories shall be
toilet facilities for employees. equipped with hot and cold running water sup-
(b) Enclosures; ventilation. These facilitie sh 11 Plied under pressure through a combination mix-
ing faucet and the drain must be connected to the
be completely enclosed and provided wi s lf- sewer. Automatic shutoff faucets shall not be per-
closing, tight-fitting doors and mechanica ve ti- mitted. Soap or detergent and approved sanitary
lation that provides for at least ten (10) c an es {��,els or other approved hand drying devices shall
of air per hour. . be provided.
(c) Fixture design Toilet fixtures and se s all (c) Common towels prohibited The use of com-
be of sanitary design and readily cleanabl . mon towels is prohibited.
(d) Cleanliness. These facilities, includ ng es- (d) Waste receptacles. Waste receptacles must
tibules, if provided, shall be kept clean, s nit , be provided for disposable towels.
in good repair and free from flies, inse ts nd �e) Cleanliness—Soap and towel supply. All hand
: offensive odors. washing equipment shall be kept clean and in
' • (e) Separate toilets. Separate toilets m be fur- good repair and a sufficient supply of soap and
nished for each sex when five(5)or more em loy- towels shall be provided.
ees of the opposite sex are on duty at ny one (Code 1956, § 291.22)
time.
Sec. 331.27. Plumbing.
� (fl Toilet tissue. Toilet tissue shall be rov ded.
(a) Generally. Plumbing shall be so sized, in-
(g) Waste receptacles. Easily cleanabl rec pta- stalled and maintained so as to:
cles shall be provided for waste materia a , in
toilet rooms for women, such receptacle sh 11 be (1) Carry adequate quantities of water to re-
covered. quired locations throughout the establish-
ment;
(h) Nonwater-carried facilities. Where on ater- �2) Prevent contamination of the water supply;
carried sewage disposal facilities have bee ap-
proved by the director, they shall be se ate (3) Properly convey sewage and liquid wastes
from the establishment, from the establishment to the sewerage sys-
(i) Facilities for patrons. Where toile fac lities tem; and
are provided for patrons, the facilities hal meet (4) Not constitute a source of contamination of
' the requirements of this section. food, equipment or multiuse utensils, or
(j) Toilet facilities where alcohol serv d 11 res-
create an unsanitary condition or nuisance.
taurants serving alcoholic beverages and y estau- (b) Direct sewer connections prohibited Food ser-
rant having a seating capacity of fi y 0) or vice equipment such as,but not limited to,refrigera-
more shall provide separate toilet an la atory tors, ice makers, potato peelers, running-water
facilities, convenient to the dining are , f male dipper wells and steam tables shall not be con-
and female patrons. nected to the sanitary sewer.
.,`__
(Code 1956, § 29121) (Code 1956, § 291.23)
2069
". , - -� , -, ,,..-
-..
,. . .:` �,,,,,
§331.28 LEGI LA E CODE 1
Sec. 331.28. Food equipment and utensils. (fl Glass filling devices. Glass filling devices
(a) Required equipmen� Every food establis - shall be constructed so as to prevent any contact
ment shall be provided with equipment, applic - of the upper one-third of the glass with the device
ble to the operation therein conducted, which s and in such a manner that no portion of the de-
so designed, constructed, installed, located a vice extends into the glass.
maintained as to permit full compliance with t e
provisions of this chapter. (g) Unnecessary equipment prohibited Only
equipment and utensils necessary in the conduct
(b) New and replacement equipmen� All ne of the food business under license shall be stored
and replacement equipment and utensils shall e in the food service or food preparation area.
of such material, workmanship and design to e
smooth, easily cleanable, resistant to wear, de - (h) Possession evidence of intended use The pres-
ing, buckling, pitting, chipping and crazing, a d ence of utensils and equipment in the food service
capable of withstanding scrubbing, scouring, r - or food preparation area shall be prima facie evi-
peated, corrosive action of cleaning compoun , dence of intended use.
and other normal conditions and operations.Fo d
contact surfaces shall be nontoxic. Food conta t (i) Cutting surfaces. Cutting blocks and boards
surfaces and surfaces which come in contact wi h and baker's tables may be of hard maple, hard
food debris shall be readily accessible for cleani g rubber, phenolic laminate or equivalent material
and inspection. � which is nontoxic, smooth and free of cracIcs, crev-
(c) Installation and maintenance All equipme t ices and open seams. Cutting boards shall be eas-
shall be so installed and maintained as to faci i- ily removable for cleaning for cleaning and
tate the cleaning thereof, and all adjacent are s sanitizing.
shall be kept in good repair. Equipment in use t �Code 19�6, § 29124) .
the time of adoption of this chapter which do s
not fully meet the above requirement may e �c. 331.29. Housekeeping.
continued in use only if it is of such design and s (a) Generally. All parts of the food establish-
installed and maintained so that it can be ke t ment and its premises shall be neat, clean and
clean and sanitary. free of litter and refuse. Cleaning operations shall
(d) Standards for necu equipmen� All equipme t be conducted in such a manner as to minimize
hereafter installed shall comply with,or be equi - contamination of food and food contact surfaces.
lent to, Standards 1, 2, 3, 4, 5, 6, 7, 8, 12, 18 , 2 , None of the operations connected with a food es-
25, 26, 29, 33, 35, 37, and C2 of the Nation 1 tablishment shall be conducted in any room used
Sanitation Foundation, or with the Vending - as living or sleeping quarters.
chines Eualuation Manual of the Automatic M -
chandising Health Industry Council of the N - (b) Soiled linen. Soiled;inens,coats and aprons
tional Automatic Merchandising Association, r shall be kept in approved containers and stored
with the Baking Industry Sanitation Standar s in an approved place until removed for laundering.
Committee. These standards are hereby adopt d
and incorporated herein by reference and a mark d �c) Animals prohibited No live birds or animals
official copy of said standards shall be kept on f e shall be allowed in any area where food is manu-
in the office of the city clerk and in the division f factured, processed, prepared, stored or served;
public health. All food service equipment not c _ Provided, however, guard dogs on leash accompa-
ered by these standards shall be approved by t e nying police off`icers and special police officers
director or his authorized agent. While in performance of their duty, and guide
dogs accompanying blind or deaf persons when
(e) Single�service utensils or articles. Single-servi e such dogs are properly harnessed or leashed so
utensils or articles shall have been manufactur , that the blind or deaf person may maintain con-
packaged, transported, stored and handled in a trol of the dog may be permitted in food establish-
sanitary manner. ments.
2 70
. �,
• • L CENSES $331.31
(d) Separation o f domestic area. No habi abl tional twenty-five dollars ($25.00) licensing�fee
room,bathroom or water closet compartment hic unless such application is the person or organiza-
is accessory to a dwelling unit shall open di ctl tion's first filing under this paragraph.
into or shall be used in conjunction with foo (Code 1956, § 291.26; Ord. No. 17003, 3-22-83;
establishment. Ord. No. 17400, § 1,9-9-86)
(e) Domestic operations prohibited No lau de - �c. 331.31. Vending machines.
ing, barbering, toilet preparation or simil d -
mestic operation shall be conducted in any oo Each vending machine licensed under this chap-
in which food is manufactured,processed,pre are ter and Chapter 363 shall be constructed and main-
or served. tained as follows:
(fl Janitorial equipment Janitorial equi e t (1) Wholesome ingredien.ts. Each machine shall
shall be stored in an approved manner in a are be filled only with wholesome ingredients
other than a food preparation area, food st ra Which have been manufactured, packaged
area or toilet room. and stored under sanitary conditions and
(Code 1956, § 291.25) transported to the machine in sanitary con-
tainers or vehicles.
Sec. 331.30. Itinerant food establishme t. (2) Inspection—Access. The owner or operator
of all such vending machines shall, when-
(a) Application Notwithstanding the pro io ever requesteci, make provision for the di-
of Section 331.05(a), any person desiring a iti - rector or his authorized agent to have ac-
erant food establishment license shall file wi cess to the interior of all vending machines
.. the license inspector, at least seven (7) da s b - operated by him.
fore the event, an application together ith a
.. . diagram of the area to be licensed and li ts f (3) Cleanliness The licensee shall maintain each
foods to be served and equipment specific ion , vending machine in a clean and sanitary
all of which shall be forwarded to the heal h d - condition at all times.
partment for the appropriate inspections to e (4) Location and design. Each machine must
made. be so designed as to protect against infes-
tation of insects, rodents, or other vermin
(b) Conformity. The operations of an iti era t and to protect against the entrance of dust,
food establishment must be in conformit wi h dirt,rain,overhead leakage or other sources
the provisions of this chapter. of contamination, and shall be so constructed
(c) Exemption The itinerant food establis me t and operated as not to create a rodent har-
license fee may be waived by the inspec r f r borage.The machine location shall be such
any applicant so requesting and furnishin pro f as to minimize the potential for contami-
of either its tax-exempt status or its use f t e nation of the food, shall be well lighted,
license at an event for the benefit of a tax-e em t easily cleanable and the surroundings shall
organization. be maintained so as not to create an un-
. sanitary or unsightly condition.
. (d) Additional fee. Any person making a pli - (5) Construction. Each machine shall be so de-
tion for an itinerant food establishment lic se t signed that it may be readily cleaned. The
a time which is six(6)days before the even sh 11 Walls, floor, ceilings, covers, lids and other
pay an additional twenty-five dollars ($25 0) i- physical features shall be of such construc-
censing fee. No applications will be accept d fi e tion as to withstand repeated cleanings.
(5) or fewer days before the event. Any ap lica t
who falls within the class exempted unde pa a- (6) Interior and component parts. All interior
graph (c) and makes application six (6) d s e- surfaces and component parts of the vend-
� fore the event shall be required to pay th ad i- ing machine shall be so designed and con-
�'� .;
2071
� � � , .
� ;. s �..
§331.31 LEGI E CODE ' '�
. ,t
structed as to be readily cleaned in place shall also have controls which prevent the
removable for cleaning operations,and sh 1 machine from vending perishable food in
be kept clean. All food contact surfaces f the event of a power failure or other condi-
_ the machine shall be smooth, nontoxic i tion which results in noncompliance with
themselves or in combination with foo , temperatures requirements in the food stor-
corrosion resistant, and of relatively no - age compartment.Hot food vending machines
absorbent material,and shall be capable designed to heat food through the forty-five
withstanding repeated cleaning and san (45)degrees Fahrenheit to one hundred forty
tizing by normal procedures. Each vendin (140)degrees Fahrenheit temperature range
machine shall be so constructed that it ma . shall also be equipped with automatic con-
be opened and all parts thereof made a trols which render the machine incapable
cessible for inspection purposes by the d' of vending perishable food in the event that
•rector or his authorized agent. heating through this temperature range is
(7) Self-closing door. A vending machine whic not accomplished in one hundred twenty
dispenses a cup to receive food shall hav (120) minutes or less. fteadily perishable
the serving door protected from dust an food which has failed to conform to the time-
vermin infestation by means of a self-closin temperature requirements of this item shall .
device. be removed from the vending machine and
- not made available for sale unless inspected
(8) Temperature. The temperature of all vend and approved by the director as safe for
ing machines which dispense perishable un human consumption. Vending machines dis-
frozen food shall be maintained at forty pensing readiTy perishable food shall be pra
five (45) degrees Fahrenheit or below. Ex vided with one or more thermometers which,
ceptions may be made for the time require to an accuracy of plus or minus two de- �
to load or otherwise service the machin grees(f2°)Fahrenheit, indicate the air tem- .
and for a maximum recovery period of thirt perature of the warmest part of the refrig-
(30) minutes following completion of load- erated food storage compartment or the cold-
ing or servicing operations. In the case o est part of the heated food storage compart-
hot food vending machines, a maximum ment,whichever is applicable.
period of one hundred twenty(120)minutes (10) Water. All water used in vending machines
shall be allowed to heat food through the shall be drawn from a safe water supply.
. forty-five (45) degrees Fahrenheit to one Vending machines shall be so designed,con-
hundred forty (140) degrees Fahrenheit tem- � structed, installed and operated as to pre-
perature zone.In hot food vending machines vent the production of toxic substances in
which are not equipped with refrigerated the water or the back siphonage of liquids
storage, there shall be no time delay to or gases into the water supply line.
preclude heat from being applied to per- (11) Identific¢tion of operator. Each vending ma-
ishable food immediately after it is loaded chine shall have posted thereon a label or
or placed in the machine. Perishable food, Sign stating the name, address and tele-
once it has been heated to a temperature of phone number of the person responsible for
one hundred forty (140) degrees Fahrenheit its operation.
or above, shall be maintained at this tem- (Code 1956, § 291.27)
perature until served or discarded.
(9) Automatic controls. Vending machines dis- �c. 331.32. Vehicle identification.
pensing perishable food shall be provided Each food vehicle licensed by the city shall have
with adequate refrigerating or heating units, printed on each side of said vehicle in plain let-
or both,and with thermostatic controls which ters not less than two (2) inches in height the
ensure the maintenance of applicable tem- name and business address of the licensee.
peratures at all times. Vending machines Code 1956, § 291.28)
072
�
CENSES 1•
Sec. 331.33. Submission of plans. Sec. 331.38. Samples testing.
When a food establishment is hereafte co - The director or his authorized agent may take
structed or an existing food establishment 's a - samples of food necessary for the purpose of ana-
tered, detailed plans or suitable drawing an lyzing and examining. Every person engaged in
equipment specifications shall be submitt d manufacturing,processing,storing or selling food
the director or his authorized agent, and suc Within the City of Saint Paul shall,upon request,
plans and equipment specifications shall a - furnish reasonable samples free of charge to the
proved by the director or his authorized ge t director or his authorized agent who shall issue a
before such work is begun. Plans and spe ific - receipt for the same.
tions shall be in sufficient detail so that an acc - (Code 1956, § 291.34)
rate and complete appraisal can be made as o
compliance with the provisions of this chap er. �c. 331.39. Embargo and detention.
(Code 1956, § 291.29) (a) Retained The director or his authorized agent
may attach a tag or issue a written notice of
Sec. 331.34. Presence of food indicates ' te t embargo or detention and thereby retain any food,
to sell. clothing, equipment, utensil or thing which, by
' reason of origin, dirt, filth, eYtraneous matter,
The presence of any food in a food est lis - insects,other vermin,temperature,corrosion,open
ment shall be prima facie evidence of poss ssi seams, chipped or cracked surfaces, is unfit for
for the purpose of sale. use. Such tag shall be printed as follows: "Divi-
(Code 1956, § 291.30) sion of Public Health, City of Saint Paul,Retained."
The director or his authorized agent shall record
Sec. 331.35. Inspection. the tag number,kind and amount of item retained.
The tag shall accompany the retained item at all
- " The director or his authorized agent,after rop r times. If, upon final inspection, the item is ap-
identification, may, during all operating ou s proved, the director shall cause the removal of
and at any other reasonable time, enter in o a d the "Retained" tag.
inspect every part of any food establishme t o -
erating under the provisions of this chapte . �� Condemned When food is condemned, the
(Code 1956, § 291.31) original mark, stamp or label thereon shall be
removed or defaced and the director or his au-
thorized agent shall attach a tag reading: "Saint
Sec. 331.36. Inspection outside corpora Paul Division of Public Health, Condemned."This
its of Saint Paul. tag shall accompany this food until its ultimate
The director or his authorized agent s 11 e disposal. The director shall cause the removal of
authorized to inspect food establishments 1 cat d the Condemned tag upon final disposition.
outside the corporate limits of the City of Sai t (c) Unlawful to use or remove. It shall be un-
Paul which sell, offer for sale, process or str - lawful for any person to remove "Condemned" or
ute any food within the City of Saint P ul, r "Retained" tags from any food, utensil or any
which apply for a food license. other item, or to remove or use such food, equip-
(Code 1956, § 291.32) ment, clothing, or any other item to which a tag
. has been attached, or to remove, sell, give away
Sec. 331.37. Unwholesome food. or otherwise dispose of any item under detention
except by the direction of the director or his au-
It shall be unlawful for any person to sel , or o thorized agent.
have in possession for the purpose of sale, it 'n (Code 1956, § 291.35)
the corporate limits of the City of Saint Pa 1,a y
food that is unwholesome.
(Code 1956, § 291.33)
. 2073
§331.40 LEGI AT E CODE ;.�
Sec. 331.40. Written notice to remove unwhol - (3) The interior of the vehicle or trailer shall
some food. be lighted with a minimum of twenty (20)
The director or his authorized agent, upon d - footcandles of illumination. All lighting shall
termining that any food which is offered or hel be encased in shielding or shatterproof bulbs
for sale within the city is adulterated, decaye , shall be utilized. .
diseased, unwholesome or for any cause unf`it fo (4) All serving windows or ventilation open-
human food,shall at once give the person in charg ings shall be screened with sixteen-inch wire
thereof written notice to at once remove the sam mesh screens.
to such place as the director or his authorize (5) Shelving or counters shall be smooth and
agent may designate or destroy the same as dir easily cleanable. Shelving or counters con-
(Code 1956, § 291.36) structed of wood shall be covered with a
Sec. 331.41. Enforcement. plastic-laminated material. Painted or
polyurethane-coated wood is not acceptable.
The director or his authorized agent shall hav Counters shall be seamless and sealed to
the duty and the authority to enforce the provi the walls.
sions of this chapter.
(Code 195G, § 291.37) (6) Cabinets shall be smooth and easily clean-
able. The interior of cabinets constructed
Sec. 331.42. Rules and regulations. . ` of wood shall be covered with a plastic-
The director may promulgate rules and regula laminated material.
tions as he deems necessary to carry out the aim (7) Packaged items which are frozen or require
of this chapter and protect the health of the public refrigeration(example:ice cream bars)shall
(Code 1956, § 291.38) be stored in refrigeration or freezing equip-
ment meeting NSF Standard No. 7. �
Sec. 331.43. Penalty. �
(8) Microwave ovens, when used, shall comply
Any person who violates any of the provision with NSF Standard No. 4.
of this chapter shall be guilty of a misdemeanor.
(Code 1956, § 291.39) (9) Dry ice may be utilized to maintain pack-
aged food products in the frozen state. Re-
Sec. 331.44. Special provisions for Class usable, no drip ice packs may be used to
mobile food service food estab refrigerate packaged food items. Wet ice
lishments. � storage is prohibited.
(a) Generally. Class N food service food estab- (10) A hand sink is not required;however,hand
lishments shall comply with the requirements o wipes for hands shall be available.
this chapter except as otherwise provided in this (c) Mobile food preparation uehicles and trailers:
section. The following regulations shall apply spe-
cifically to Class N food service food establishments. (1) All mobile food preparation vehicles and �
trailers shall comply with the provisions of
(b) Mobile food vehicles and trailers for pack- subsections(bXl)through(8).
aged food seruice. (The popping, packaging and .
sale of popcorn will fall under this section.) (2) All cooking equipment shall comply with
(1) Walls and ceilings shall be smooth, easily NSF Standard No. 4.
cleanable, light colored and free of soil• (3) All readily perishable foods shall be stored
catching projections or fasteners. at forty (40) degrees Fahrenheit or below,
(2) Floors shall be smooth, easily cleanable and or one hundred fifty (150) degrees Fahren-
grease resistant. Carpeting is not allowed. heit or above.
In addition,the floor-wall junction shall be (4) Approved ventilation hoods equipped with
coved and the coving shall not be fastened removable filters shall be installed over
with screws. equipment where grease vapors, moisture
07
.----.
, ICEI�ISES• §331.44
and smoke are produced. The hood sh 11 are not acceptable dumping sites. Accept-
be vented to the exterior of the ve icle or able dumping sites are:
trailer. The hooc� shall be equipped wit a a. Approved service station.
motorized exhaust fan. b. Approved sewer connection.
(5) The vehicle or trailer shall be e uip ed (d) Human-powered mobile carts.for packaged
with a commercial, two-compartme t s nk food service:
meeting NSF Standard No.2.The si s all
have integral drainboards on each e d. .e (1) The body of the cart shall be constructed of
sink shall have compartments large eno gh materials which are smooth, easily clean-
to submerge the largest pot, pan or ute sil able and corrosion resistant.The materials
to be washed and sanitized. In th e nt shall be noncracking, nonchipping and
the food preparation only requires t e w h- nonspalling. The use of wood is prohibited.
ing and sanitizing of two(2)or few r s all All seams shall be sealed.
serving utensils, the sink may con ist f a (2) The cart body shall be covered with an ap-
two-compartment, stainless steel om stic proved covering or umbrella to protect the
. sink built into an approved service oun er. cart from overhead contamination.
(6) A properly plumbed hand sink hal be ~ (3) The food zones shall comply with NSF Stan-
provided. dard No. 2 regarding food contact surfaces
(7) A water distribution system, dispe sin hot and the design and construction of food zones
and cold potable running water un er res- (see Appendix A).
sure, is required. The water dis ib tion (4) Drains in the food zone shall drain to an
system shall be connected to all ute il ash- approved wastewater retention tank.
_ ing sinks and hand sinks. (5) All refrigerated food shall be maintained
� (8) A retention tank for grey water, c nn cted at forty (40) degrees Fahrenheit or below;
to the system, shall be provided �Th ca- all frozen items shall be maintained in the
pacity of the grey water tank sh 1 e ceed frozen state.
the capacity of the potable wate ta k by (6) Dry ice may be utilized to maintain pack-
fifteen(15)percent. aged food products in the frozen state. Re-
(9) The hand pumping of water for t si ks is . usable, no drip ice packs may be used to
prohibited. refrigerate packaged food items. Wet ice
storage is prohibited.
(10) Before a potable water tank is us d f r the
first time and at the beginning o eac sea- �7� A hand sink is not required;however,hand
son the tank shall be cleaned and san tized Wipes for hands shall be provided.
with chlorine sanitizer fifty (50) par s per (8) The mobile cart shall be returned at least
million for at least one hour prio to se. once every twenty-four (24) hours to a li-
A plastic hose, the length to be no nger censed commissary for servicing.
than needed for hookup, shall be pro ided. (9) A container must be provided on the cart
When not in use the hose must b st ed in for the storage of refuse.
an enclosed vermin-proof contain r a d the (e) Human-powered mobile carts for mobile food
ends plugged. preparation: �
(11) Hose used to waste grey water s all ot be (1) Human-powered mobile carts for mobile food
the same hose used to fill pot ble water . preparation shall comply with the provisions
tank. of subsections(dXl)through(9).
_ (12) All water discharged from the ey water (2) All readily perishable hot foods shall be
� � . holding tank shall be dumped a a ite ap- maintained at a temperature of one hun-
� � � proved by the health officer. C tch basins dred fifty(150)degrees Fahrenheit or higher.
• 2075
. � �.
§331.44 LEGIS T CODE �'.�
(3) Equipment used to maintain hot food h Chapter 332. �el Dealers—Liquid Fuel*
shall be heated by bottled gas heating equi
ment. The use of wood, charcoal or stern �c. 332.01. License required. �
is prohibited.
(4) Condiments shall be provided in indivi - No person shall sell or offer for sale in Saint
ual packets or from approved dispensin Paul any liquid fuel or advertise or in any man-
equipment. The bulk food dispensing equi ner represent or hold himself out as one who sells
ment shall be filled, cleaned and sanitiz or offers for sale any liquid fuel without a license;
at the commissary. provided, that persons holding a solid fuel deal-
er's license shall be deemed to have complied with
(5) Properly washed and sanitized utensils(ton , the requirements of this section. •
spoons,etc.)shall be used for the serving f (Code 1956, § 352.02)
food items.
(6) All customer utensils shall be single-servi e �c. 332.02. Definitions.
utensils and dispensed from approved d -
pensers. The following definitions shall apply to this
(fl Food supplies and preparation: chapter: .
(1) All food in food establishments shall e (1) Liquid fuel means and includes any oil which
from sources approved or considered sat s- may be used for heating purposes.
factory by the director or his authoriz d (2) Liquid fuel dealer means and includes every
agent, and shall be clean, wholesome, pr p- person who sells or offers for sale at retail
erly labeled and safe for human consumpti n. any liquid fuel to consumers or who holds
(2) No home prepared foods shall be kept or himself out to the public as one who sells � -
used in any food establishment. or offers for sale any liquid fuel at retail to -
(3) Only those potentially hazardous foods e- consumers, but shall not include persons
quiring limited preparation, such as h employed as solicitors or salesmen for deal-
burgers and frankfurters, which require a- ers duly licensed under the provisions of
soning and cooking, shall be prepared or this chapter.
served. The preparation or service of ot er (Code 1956, § 352.01)
potentially hazardous foods, including s-
tries filled with cream or synthetic cre m, Sec. 332.03. Fee.
custards, and similar products and sal ds The fee required is ninety dollars($90.00)plus
or sandwiches containing meat, poultry, gs an additional twenty-five dollar ($25.00) fee for
or fish, is prohibited. This prohibition es each vehicle used for liquid fuel delivery.
not apply, however, to any potentially az- (Code 1956, §§ 352.04, 352.05)
ardous food that has been prepared nd
packaged under conditions meeting th re- �c. 332.04. Vehicle identification. �
quirements of this chapter, is obtaine in
individual servings,is stored at a temp ra- It shall be the duty of every liquid fuel dealer to
ture of forty(40)degrees Fahrenheit or be ow, display and keep displayed at all times in a prom- •
or at a temperature of one hundred ifty inent place on each side of each vehicle used for
(150)degrees Fahrenheit or above, in f cil- such delivery such wording as will clearly indi-
ities that meet the requirements of his cate the name of the licensee or the name of the
chapter, and is served directly in the no company delivering said liquid fuel, which shall
pened container in which it was packa ed. be printed in letters not less than three(3)inches
(g) Submission of plans. Class N food se ic in height and to keep suc.h wording in such condi-
food establishments shall comply fully wit th tion that the same may be at all times readily
provisions of Section 331.33. •Cross references—Fuel dealers in solid fuel, Ch. 383; �
(Ord.TTO. 17018, 5-17-83; Ord.No. 17041,7-1 -83 private fuel pumps,Ch.336;gasoline filling stations,Ch.424. ,'.+' ;
2076
- • ��� �
9/26/81+ Public hearing on ap�n for � 1 69 71 University Avefiue S"5104 ID # 4635648
New Rest. & On Sale Ma1t License S n Shu dba Nakoyah Japanese Restaurant
APPROVED C. F. 84- 1302 Restaurant 14411 1-31'85
, �. � ���.� S Shu dba Nakoyah Japanese Restaurant
j8/23/81+ State Surety Co. Bond No. On Sale Malt 14441 8-29-85
� ����aSExp, CONT. S S Shu dba Nakoyah Japanese Restaurant
State Surety Co, Bond No, FR�� # Restaurant 16066 8-29-85
I-25n301 CANCELLED Eff 8�2��85 0�
o un Sho dba Nakoyah Japanese R19321rant 8_29-86
/11/85 State Surety Co. Bond # Restaurant
270831 Expires Continuous On Sale Malt 19321 8-29-86
10-2-85 Liquor Liability Waived So S. Suh dba Nakoyah Japanese Restaurant
:Ltr Attached On Sale Malt 71807 8-29-87
�J 12-86 Letter in lieu of liq, lia. Restaurant 71807 8-29-87 �
_`-'/21/87 State Surety Co. Bond #•
RLI270331 Cancelled Eff. 10/21/8.7
! '
; • ., .
56 University Avenue-55104 ID#4635648
So S uh dba Nakoyah Japanese Restaurant
Restaurant (B) 71807 8-29-88
F20� �� On Sale Malt 71807 8-29-88
�S�Z S h DBA Nakoyah Japanese Restaurant
'� Restaurant (B) 71807 8-29-89
o On Sale Malt 71807 8-29-89
�. '
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� 9-14-87 Liq Liab-Waiver ltr in lieu of Ins Ce t. �
10�5-88 Liq Liab-Waiver ltr- in lieu of Ins Ce t.
10-5-88 Bond #RLI370195 State Su'rety Co. E p. CONT.
12�8/88 Letter of Citp rltty. before c un il a ou cing date
�f P,H, before Admin Law Judge for 12g29�8g
February 7, 1989
I certi�y this to be a true and exact c py of the re ords of the License and Permit Division
of the City of St. Paul for Nakoyah Jap e e Restaur nt at 1569-1571 University Avenue
;�, .
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��w�. MARCELLA C. SCHII.LIN6ER J et , alen
'�°� NOTARY PUBLI�—MINNESOTA ' �11't �, License Clerk I I
� � RAMSEY COUNTY
` My Commission Expirea Mar.21,1gg1
. - �� �x�, �.
PUBLIC HEALTH DIVISION:
INSPECTION REPORTS & FILE DO NTS
NAKOYAH JAPANESE RESTAURANT
1. 1-5-89 : Inspection R p rt
1-5-89 : Ra.ting Sheet
NN 2 . 11-3-88 : Letter of Wm. unther
Nt� 3. 10-18-88 : Inspection R p rt
NI� 4. 5-10-88 : Inspection p rt
►'�1� 5 . 4-18-88 : Letter of W . unther
N�4 6 . 3-21-88 : Inspection ep rt �
�!Y} 7 . 9-24-87 : Inspection ep rt
8 . 7-20-87 : Inspection ep rt
9 . 6-2-87 : Inspection ep rt
6-2-87 : Citation
10. 5-21-87 : Inspection ep rt
1
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F O O D S�E R V I C E R A T I N � S H E E T ST. PAUL DIVISION OF PUBLIC HEALTH
STABLIS�II�tENT DATE
,� �
m� da ear
DRESS ESTABLISI�NENT CODE ����
,
COLIJMN AND WEIGHT NUMBERS CIRCLED AND TEM N T IN COMPLIANCE (SUBTRACT WEIGHT POINTS FROM 100)
ITEM . COL. ITEM . COL. ITEM T. COL.
OOD 18 GARBAGE AND REFUSE DISYOSAL
OL SOURCE: SOUND CONDITION, NO PRE-FLUSHE , S PED, SOAKED 33 CONTAINERS OR RECEPTACLES,COR
SPOILAGE � 1 48 ERED ADEQUATE NITt�ER, INSECT/
S 31 19 WASH,RINSE WA : CLEAN,PROPE RODENT PROOF,FREQUENCY,CLEAN
02 ORIGINAL CONTAINER: PROYERLY TEMYERAN 2 63
IABELED 2 49 34 OUTSIDE STORAGE AREA ENCLO-
1 32 *20 SANITIZATI R SE: CI.EAN,TEM SURES PROPERLY CONSTRUCTED,
OOD PROTECTION ERANRE,CO CEN TION,EXPOSURE CLEAN:CONTROLLED INCINERATION
03 POTENTIALLY NAZARDOUS FOOD TIME,EQUI NT TENSILS SANI- 1 64
MEETS TEMPERANRE REQII TIZED INSECT,RODENT,ANIMAL CONTROL
DURING STORAGE, PREPARATION, 3 SO *35 PRESENCE OF INSECTS/RODENTS -
DISPIAY,SERVICE,TRANSPORTA- 21 WIPING CLO S: CLEAN,STORED, OUTER OPENINGS PROTECTED, NO
TION 5 33 RESTRlCTED BIRDS,NRTLES,OTf�R ANIMALS
04 FACILITIES TO MAINTAIN PRO- 1 51 3 65
DUCT TEMPERANRE 22 FOOD CONTA T 5 RFACES OF E- FLOORS,WALLS AND CEILINGS
4 34 QUIPMENT U NSILS CLEAN, 36 FLOORS;CONSTRUCTED,DRAINED,
OS TF�RMdlfETERS PROVIDED AND FREE OF AB SI S,DETERGENTS CLEAN,GOOD REPAIR,COVERING IN-
CONSPICUOUS 2 52 STALLITION,DUSTLESS CLEANING
1 35 23 NON-FOOD C NTA T SURFACES OF METHODS
06 POiENTIALLY HAZARDW S FOOD EQUlPMENT TENSILS CLEAN 2 66
PROPERLY TEiA47ED 1 53 37 WALLS,CEILING,ATTACE�D EQUIP-
2 36 24 STORAGE, LI G OF CLEAN E- MENT CONSTRUCTED,FOOD REPAIR,
07 UNWRAPPED AND POTENTIALLY UIPMENT U NS LS 1 54 CLEAN SURFACES,DUSTLESS CLEAN-
HAZARDAIS FOOD NOT RE-SERVED 25 SINGIE-SER ICE ARTICLES,STOR- ING METRODS 2 67
4 37 �GE,DISPEN ING USED LIGHIZNG
OS FOOD PROTECTION DURING STOR- • 1 55 38 LIGHTING PROVIDED AS REQUIRED,
AGE,PREPARATION,DISPIAY,SER- 26 NO RE-USE F S NGLE SERVICE FIITIJRES SHIELDED
VICE TRANSPORTATION ARTICLES 1 68
38 2 56 VENTIIATZON
09 NANDLING OF FOOD (ICE) WATER .39 ROOMS AND EQUIPt�NT VENTED AS
MINIMIZED *27 WATER SWR E,S FE: HOT AND REQUIREA
2 39 COLD UNDE PRE SURE 1 69
10 IN USE, FOOD (ICE) DISPENSIN S 7 DRESSING ROOMS
UTENSILS PROPERLY STORED SEWAGE 40 AOOMS CLEAN�LOCKERS YROVIDED,
1 40 *28 SEWAGE AND WAS WATER DIS- FACILITIES CLEAN.LOCATED,USED
ERSONNEL POSAL 1 70
11 PHRSONNEL WI1H INFECTIONS RE- 4 58 OTfIER OPERATIQ�iS
STRICTED PLUI�ING *41 NECESSARY TORIC ITEMS PROPERLY
5 41 29 INSTALLED, MAI TAINED STORED,IABELED, USED
12 HANDS WASHED AND CI.EAN,GOOD 1 59 5 71
HYGIENIC YRACTICES *30 CROSS-CO CTI N, BACK SIPHON- 42 PREMISES MAINTAINED, FREE OF
S 42 AGE, BACR LZTTER,UNNECESSARY ARTICLES,
13 CLEAN CLOTHES,HAIR RESTRAINTS 5 60 CLF.ANING MAINTENANCE EQUIR�NT
1 43 TOILET AND HAN1 ASH NG FACILITIES PROPERLY STORED,AUTHORIZED YE
OOD EQUIPMENT AND UTENSILS *31 NtJMBER,CO NI T, ACCESSIBLE, SONNEL
14 FOOD (ICE) CONTACT SURFACES DESIINED, STA ED 72
DESIGNATED,CONSTRUCTED,MAIN- 3 61 43 COMPLETE SEPARATIQi FROM LIV-
TAINED,INSTALLED,IACATED 32 TOII.ET R00 S E�CLOSED,SEI.F- VING/SLEEPING QUARTERS I.AIJNDRY
� 2 4 CIASING DdDRS, IXNRES,GOOD 1 73
15 NON-FOOD CONTACT SURFACES,DE- PAIR, C � J: CLEANSER, 44 CLEAN,SOILED LINEN PROYERLY
SIGNED,CONSTRUCTED, MAINTAIN- SANITARY /TISSUE/HAND- STORED
ED,INSTALLED,IACATED DRYING DE CES PROVIDED,PROP- ' 1 74
45 ER WASTE CE CLES 45 MCIAA
16 DISHWASHING FACILITIES,DESI 2 62 Non Com liance 0 75
ED,CONSTRUCTED,MAINTAINED,IN-
STALLED,IACATED, OPERATED
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ICAL TEST KITS PROVIDED,
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1 47
Oper o
* Critical Items ;% '
Form E3/Rev. Nov., 1981 Healt S nitar '
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, ,;''.:'- '
`��T��' CITY OF SAINT PAUL
a~r =
� DEPARTMENT OF COMMUNITY SERVICES
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� CcorRc latimer � DIVISION OF PUBUC HEALTH
hlayor '1954 U�iversity Ayenue, 5[. Paul, Minnesota 55'104
(612) 292-7717
November 3, 1988
Nakoyah Ja�anese Restaurant
��559�'Uni ersity'Aveniiel .
Saint Paul, Minnesota 55104 _ '
Dear Manager: ,
.� An Aci�ninistrative hearing has n set up on Noven�er 9, 1988 at 2:30
p.m. , concerning the establis nt at 1569 University Avenue. This
hearing will be informal, but w 11 be reviewing the inspectional
history at this address, garti la ly the inspection report dated October
18, 19f38. We will discu.ss the t deficiencies and set up a co�liance
schedule. Please be at the St. Pa 1 Environmental Hea.lth Food Regulation
Program, S�ite #7, at 1954 Univ rs ty Avenue at the scheduled time.
If you have any questions, you y call me at 292-7717. �
Yours truly,
V� ��5��� '
William F. Gunther
Environmental Program Manager
WFG/ms
c: Ward A. Har}mess
E�vironmental Health Speci li t
File
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6S1'ABLISB!!6N! . NHl! INSPBCTI01: Arrival 1.Boutine
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C—� fle�dil7 Peri�h�ble food�� .cold foodi iu�t be �t 40'! o lei � bot Iood� �u�t b� �t 1�0'1 or �iqh�r� "t�hut tood� to 16S'1 or
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�.:;�'�`�°:°� C1TY OF SAINT PAUL
�• �������� DEPARTMENT OF COMMUNITY SERVICES
: ��IL���,w�
�� ,,.. DIVISION OF PUBLIC HEALTH
�•....��r 555 Cedar Street,Saint Paul,Minnesot�55101
(612)292-7741
George Latimer ,
Mayor
April 18, 1988
. N koyah Japanese Restaurant
�1569 �&��1571 University'Avenue�
Saint Paul, Minnesota 55104
Attention: Manager
Dear Manager:
This is to confirm what was agree u on or ordered duririg the administrative
hearing held in my office on Marc 3 , 1988. The following numbered items
correspond to the numbered defeci nc'es noted on the inspectional report
dated March 21, 1988.
1. Proper hair restraint ha t be worn at all times. If there is a
repeat of this violation in the future a ticket will be issued.
2. Remove i�ediately. �
- 3. Repair or replace the br ke ceiling light by May 2, 1988. �'
4. No smoking is allowed in an food preparation area. This practice
should be ceased immedia el .
5. No personal articles are to be stored in the food preparation area.
Cease this practice imme ia ely and instruct all employees as to the
proper place to store pe so al articles.
6. This must be corrected i e iately. Paper towels are to be provided
at hand sinks at all tim s. "
7. A paper towel dispenser il have to be installed by May 2, 1988.
8. The items referred to mu t e cleaned on a regular basis..
9. Paper towels must be pro id d at hand sinks at all times.
The next regular scheduled inspec io will be on or after riay 2, 1988. If
you have any problems with compli nc or any questions, please call either
myself or the district inspector ef re this date. �
Yours truly, �
.: � .
�..t,•�,u.z<:�., ��. �1.�, �c; .
� William F. Gunther
Environmental Program Manager
WFG/ms
c: Ward Harkness •
Environmental Health Speciali t
File .
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CI Y F SAINT PAUL
INTERDEPA TM NTAL MEMORANDUM
PU IC HEALTH
January 27, 1989
T0: Kathy Stack
FROM: Judith Barr `✓
�
SUBJECT: Nakoyah Japanese Gard n
Bill Gunther and I have discussed he problems with this particular food
establishment. Unlike the Pacific Ga den, those operating Nakoyah have not
been as cooperative in resolving a nu ber of key (and basic) items that
continue to be cited on the inspec io reports. I have included the
inspectional history summary and t s m st recent report. Despite the impending
license revocation, the same item c ntinue to appear. Bill's assessment is
that they are not taking the inspe ti ns seriously; this is supported by their
failure to attend an Administrat ve Hearing in November and the continued
problems with easily resolved viol ti ns.
With this as background. the follo in items could be required:
1. Provide hand soap and hand tow ls at kitchen' s hand sink at all times.
2. Install an approved paper towe d'spenser at the kitchen hand sink.
3. Ensure that staff use hair con rol measures at all times.
4. Remove and cease to use any un pr ved food equipment on site.
5. No smoking in the kitchen at a t'mel
6. Develop and implement a cleani p an for the establishment within one month.
7. Develop and implement an insec i festation plan, particularly for the summer
months.
As you can see� these are easily ac om lished items that should (and could) have
been taken care of before we ev eached a license revocation recommendation.
Continued violations should probabl r sult in action against the" establishment.
JB/ms
c: Bill Gunther
F� vD � � 1R1/ I � � RATt � � � �T .`'
ST. P �
�TABLISHMENT DATE '
� ��
� month da e r
DRESS ESTABI.ISHMENT CODE ��6 a
��56 9- /5 7/ �� ..�
COLUMN AND WEIGHT NUMBERS CIRCLED ITEM N T IN COMPLIANCE (SUBTRACT WEIGHT POIN 1�0)
ITEM . COL. ITEM T. COL. ITEM T. COL.
OOD 18 GARBAGE AND REFVSE DISYOSAL
O1 SOURCE: SOUND CONDITION, NO PRE-FIITSHE , S RAPED, SOARED 33 CONTAINERS OR RECEPTACLES,C01F
SPOIIAGE 1 48 ERED ADEQUATE NUMBER, INSECT/
5 31 19 WASH,RINSE FTA R: CLEAN,PROPE RODENT PROOF,FREQUENCY,CLEAN
02 ORICINAL CONTAINER: PROPERLY TEMPERATU 2 63
LABELED • 2 49 34 011TSIDE STORAGE AREA ENCLO-
1 32 *20 SANITIZATI R SE: CLEAN,TE SURES PROPERLY CONSTRUCTED,
OOD PROTECTION ERATURE,CO CEN TION,EXPOSU CLF.AN:CONTROLLED INCINERATION
03 POTENTIALLY HAZARDOUS FOOD TIME,EQUI NT, TENSILS SANI- 1 64
MEETS TEMPERANRE HEQQBE�ff.NTS TI2ED INSECT,RODENT,ANIMAL CONTROL
DURING STORAGE, PREPARATION, 3 50 *35 PRESENCE OF INSECTS/RODENTS -
DISPIAY,SERVICE,TRANSPORTA- 21 WIPING CLO S: LEAN,STORED, WTER OPENINGS PROTECTED, NO
TION 5 33 RESTRICTED BIRDS,TURTLES,OTf�R ANIMALS
04 FACILITIES TO INTAIN PRO- 1 51 3 65
DUCT TEMPERANRE 22 FOOD COTITA S FACES OF E- FLOORS,WALLS AND CEILINGS
4 34 QllIPMENT U NSILS CLEAN, 36 FLOORS;CONSTRUCTED,DRAINED,
OS T1�RMOPiETERS PROVIDED AND FREE OF AB SI S,DETERGENTS CLEAN,GOOD REPAIR,COVERING IN-
CONSPICUOUS 2 •5 STALIATION,DUSTLESS CLEANING
1 35 23 NON-FOOD C TAC SURFACES OF METHODS ' '
06 POTENTLALLY HAZARDOUS FOOD EQllIPMENT U NSILS CLEAN 2 6
PROPERLY THAWED 1 53 37 WALLS,CEILING,ATTACHED EQUIP-
2 36 24 STORAGE, LIN OF CLEAN E- MENT CONSTRUCTED,FOOD REPAIR,
07 UNWRAPPED AND POTENTIALLY UIPMENT U NSI S 1 54 CLEAN SURFACES,DUSTLESS CL
HAZARDOUS FOOD NOT RE-SERVED 25 SINGLE-SERV CE RTICLES.STOR- ING METHaDS 2
4 37 AGE,DISPENS G, USED LIGHTING
08 FOOD PROTECTION DURING STOR- ' 1 55 38 LIGRTING PROVIDED AS REQUIRED,
AGE,PREPARATION,DISPIAY,SER- 26 NO RE-USE 0 SI GLE SERVICE FIZTURES SHIELDED
VICE TRANSPORTATION ARTICLES 1. 68
2 2 56 VENTIIATION
09 HANDLING OF FOOD (ICE) WATER 39 ROOMS AND EQUIPMENT VENTED AS
MINIMIZED *27 WATER SOtJRC ,SA : HOT AND REQUIRED
2 39 COLD UNDER RES RE 1 69
10 IN USE, EOOD (ICE) DISPENSIN 5 57 DRESSING ROOMS
UTENSILS PROPERLY STORED SEWAGE 40 ROOMS CLF1►N,IACKERS PROVIDED,
1 40 *28 SEWAGE AND AS WATER DIS- FACILITIES CLEAN,IACATED,USED
ERSONNEL POSAL 1 70
11 PSRSONNEL 41ITFi INFECTIONS RE- 4 58 027�R OPERATI Q�S
STRICTED PWt�ING *41 NECESSARY TORIC ITEMS PROPERLY
5 41 29 INSTALLED, IN INED STORED,IABELED, llSED
12 HANDS WASRED AND CLEAN,GOOD 1 59 5 71
HYGIENIC PRACTICES *30 CROSS-CONNE IO BACK SIPHON- 42 YREMISES MAINTAINED, FREE OF
S 42 AGE, BACK "ZTTTER,UNNECESSARY ARTICLES,
13 CLEAN CLOTf�S,HAIR RESTRAINTS � S 60 CLF.ANING MAINTENANCE EQUIPMENT
1 43 OILET AND HANDW AIN FACILITIES PROPERLY STORED,AUTHORI2ED YE
OOD EQUIPMENT AND UTENSILS *31 NUMBER,CO IEN , ACCESSIBLE, SONNEL
14 FOOD (ICE) CONTACT SURFACES DESIQIED,IN LL 1 72
DESIGNATED,CONSTRUCTED,MAIN- 3 61 43 COMPLETE SEPARATIQ�I FROM LIV-
TAINED,INSTALLED,IACATED 32 TOILET ROOMS ENC OSED,SEI.F- VING/SLEEPING QUARTERS IAUNDRY
2 4 CLOSING D00 ,F TURES,GOOD 1 73
15 NON-FOOD CONTACT SURFACES,DE- PAIR, CLEAN: CLEANSER, 44 CLEAN,SOILED LINEN PROPERLY
SI(�`IED,CONSTRUCTED. MAINTAIN- SANITARY T LS/ ISSUE/HAND- STORED
ED�INSTALLED,IACATED DRYING DEVIC S P OVIDED,PROP- 1 74
2 4 ER WASTE REC PTA LES 45 MCIAA
16 DISHIJASHING FACILITIES�DESI 2 62 Non Com lianee 0 7S
ED,CONSTRUCTED,MAINTAINED,IN-
STALLED,LOCATED, OPERATED '
2 46
i� ACCURATE THERMaMETERS,CHEM- g�� RATING SCORE:
ICAL TEST KITS PROVIDEA,
GAUGE COCK 1}" IYS VALVE
47
Operat ' �
* Critical Items ''/
Form E3/Rev. Nov., 1981 Health an tarian W���
�
r' V V U � �.. F'� Y I �i✓ � �"� A � I �+I � �i.1 � � � I U D Vl�i�eV�0���C �ALTH
STABLI$HI�4ENT A � �� ��
G�r�Q/12, month da ear
DRESS ESTABLISHMENT CODE ��63
� _
IS69- /�5"7� -
COLUMTT AND WEIGHT NLTMBERS CIRCLED AND I MS NO IN COMPLIANCE (SUBTRACT WEI.GHT POINTS FROM 100)
I� . COL. ITEM . COL. ITEM T. COL.
ppp 18 GARBAGE AND REFlISE DISPOSAL
O1 SOIIRCE: SWND CONDITION, NO PRE-FIA SHED SC PED, SOAKED 33 CONTAINERS OR RECEPTACLES,CO�
SPOILAGE 1 48 ERED ADEQUATE NU1�ER, INSECT/
5 31 19 WASH,RINSE ATE : CLEAN,PROPE RODENT PROOF,FREQUENCY,CLEAN
02 ORIGINAL CONTAINER: PROPERLY TEMPERATURE 2 63
IABELED 2 49 34 WTSIDE STORAGE AREA ENCLO-
1 32 *20 SANITIZATI RI SE: CLEAN,TEM SURES PROPERLY CONSTRUCTED,
OOD PROTECTION ERANRE,CON ENT TION,EXPOSURE CLEAN:CONTROLLED INCINERATION
03 POTENTIALLY HAZARDOIIS FOOD TIME,EQUI NT, NSILS SANI- 1 64
MEETS TEMPERANRE 6EQlI TIZED INSECT,RODENT,ANIMAL CONTROL
DURING STORAGE, PREPARATION, 3 50 *35 PRESENCE OF INSECTS/RODENTS -
DISPIAY,SERVICE,TRANSPORTA- 21 WIPINC CLOTfS: EAN,STORED, OUTER OPENINGS PROTECTED, NO
TION 5 33 RESTRICTED BIRDS,TVRTLES,OTk�R ANIMALS
04 FACILITIES TO MAINTAIN PRO- 1 51 3 65
DUCT TEMPERANRE 22 FOOD CONTAC SU �ACES OF E- FLOORS,WALLS AND CEILINGS
4 34 QUIPMENT U SILS CLEAN, 36 FLOORS;CONSTRUCTED,DRAINED,
05 THERMOMETERS PROVIDED AND FREE OF AB SI ,DETERGENTS CLEAN,GOOD REPAIR,COVERING IN-
CONSPICUOUS 2 52 STALIATION,DUSTLESS CLEANING
1 35 23 NON-FOOD CO TAC SIJRFACES OF METHODS , �
06 POTENTIALLY HAZARDOUS FOOD EQUIPMENT U NSILS CLEAN 2 66
PROPERLY TNA4IED 1 53 37 WALLS,CEILING,ATTACHED EQUIP-
2 36 24 STORAGE, LIN OF CLEAN E- MENT CONSTRUCTED,FOOD REPAIR,
07 UNWRAPPED AND POTENTIALLY UIPMENT/U SI 1 54 CLEAN SURFACES,DUSTLESS CLEAN-
HAZARDOUS FOOD NOT RE-SERVED 25 SINGLE-SERV E TICLES,STOR- ING METHODS 2 67
4 37 AGE,DISPENS G, SED LIGHTING
08 FOOD PROTECTION DURING STOR- 1 SS 38 LIGHTING PROVIDED AS REQUIRED,
AGE,PREPARATION,DISPLAY,SER- 26 NO RE-llSE 0 SIN SERVICE FIZTURES SHIELDED
VICE TRANSPORTATION ARTICLES 1 68
2 38 2 56 VENTIIATION
09 HANDLING OF FOOD (ICE) WATER 39 ROOMS AND EQUIPrII:NT VENTED AS
MINIMIZED � *27 WATER SOURCE,SA : HOT AND REQUIRED
2 39 COLD UNDER SS RE 1 69
10 IN USE, FOOD (ICE) DISPENSIN S 57 DRESSING ROOMS
UTENSILS PROPERLY STORED SEWAGE 40 ROOMS CLEAN,LOCKERS PROVIDED,
1 40 *28 SEWAGE AND STE WATER DIS- FACILITIES CLEAN,IACATED,USED
ERSONNEL POSAL 1 70
11 PHRSONNEL WITFi INFECTIONS RE- 4 58 OTkIER OPERATI QiS
STRICTED PLUMBING *41 NECESSARY TOXIC ITEMS PROPERLY
, 5 41 29 INSTALLED, INT INED STORED,IABELED, USED
12 HANDS WASHED AND CLEANrG00 ' ; 1 59 5 71
HYGIENIC PRACTICESO K ^� *30 CROSS-CONNEC ION BACIC SIPHON- 42 PREMISES MAINTAINED, FREE OF
S�n , C �' 4 AGE, BACK 'LTTTER,UNNECESSARY ARTICLES,
13 CLEAN CLOTHES,HAIR STRAINTS 5 60 CLEANING MAINTENANCE EQUIPMENT
1 4 TOILET AND NANDWA HIN FACILITIES PROPERLY STORED,AUTHORI2ED PE
OOD EQUIPMENT AND UTENSILS *31 NUMBER,CONVE IEN , ACCESSIBLE, SONNEL
14 FOOD (ICE) CONTACT SURFACES DESI(2NED,INS ALL 1 72
DESICNATED,CONSTRUCTED,MAIN- 3 61 43 COMPLETE SEPARATICN FROM LIV-
TAINED,INSTALLED,LOCATED 32 TOILET ROOMS ENC SED,SEt.F- VING/SLEEPING QUARTERS IAUNDRY
2 44 CIASING D00 ,F TURES,GOOD 1 73
15 NON-FOOD CONTACT SURFACES,DE- PAIR, CLEAN: CLEANSER, 44 CLEAN,SOILED LINEN PROPERLY
SIQJED,CONSTRUCTED, MAINTAIN- SANITARY T IS/ ISSUE/NAND- STORED
ED,INSTALLED,LOCATED DRYING DEVIC S P OVIDED,PROP- 1 74
2 45 ER WASTE REC PTA LES 45 MCIAA
16 DISHWASHING FACILITIES,DESI 2 62 Non Com liance 0 75
ED,C�ISTRUCTED,MAINTAINED,IN-
STALLED�LOCATED, OPERATED .
2 46
i� ACCURATE TkiERMQiETERS,cxsrt- g.e,DGE RATING SCORE:
ICAL 1EST KITS PROVIDEA, O ,
GAUGE COCK 1}" IPS VALVE
1 47
Operat
* Critical Items
Form E3/Rev. Nov., 1981 Health an tarian � �
I" V � � � � � VI � � I''� �► I � a�3 `"'S � � � . P � �S ,� P� HEALTH
3STABLIS�MENT ' I
� � �
month da ear
�DDRESS ESTABLISHMENT CODE ����
� 1��9-/� 7/ " �
COLUbIl�I AND WEIGHT NUMBERS CIRCLED AND M N T IN COMPLIANCE (SUBTRACT WEIGHT POINTS FROM 100)
I� . COL. ITEM T. COL. ITEM . COL.
OOD 18 GARBAGE AND REFVSE DISPOSAL
O1 SOURCE: SOUND CONDITION, NO PRE-FI.USHE , S RAPED. SOAKED 33 CONTAINERS OR RECEPTACLES,CO�F
Spp�I,pGE 1 48 ERED ADEQUATE NUMBER, INSECT/
5 31 19 WASH,RINSE WAT : CLEAN�PROPE RODENT PROOF,FREQUENCY,CLEAN
02 ORIGINAL CONTAINER: PROPERLY TEMPERAN 2 63
IABELED 2 49 34 OUTSIDE STORAGE AREA ENCLO-
1 32 *20 SANITIZATI R SE: CLEAN,TEM SURES PROPERLY CONSTRUCTED,
OOD PROTECTION ERAIVRE,CO EN TION,FJCPOSU CLEAN:CONTROLLED INCINERATION
03 POTENTIALLY HAZARDOUS FOOD TIME,EQUI NT, TENSILS SANI- 1 64
MEETS TEMPERANRE FEQ[IBII�NTS TIZED INSECT,RODENT,ANIMAL CONTROL
DURING STORAGE, PREPARATION, 3 50 *35 PRESENCE OF INSECTS/RODENTS -
DISPIAY,SERVICE,TRANSPORTA- 21 WIPING CLO S: LEAN,STORED, OUTER OPENINGS PROTECTED, NO
TION 5 33 RESTRICTED BIRDS,TVRIZES,OTHER ANIMALS
04 FACILITIES TO MAINTAIN PRO- 1 S1 3 65
DUCT TEMPERANRE 22 FOOD CONTAC SU FACES OF E- FLOORS,WALLS AND CEILINGS
4 34 QUIPMENT U NSILS CLEAN, 36 FLOORS;CONSTRUCTED,DRAINED,
OS THERMOMETERS PROVIDED AND FREE OF AB SI S,DETERGENTS CLEAN,GOOD REPAIR,COVERING IN-
CONSPICUW S 2 52 STALIATION,DUSTLESS CLEANING
1 35 23 NON-FOOD CO TAC SURFACES OF METHODS �
06 POTENTIALLY HAZARDOUS FOOD EQUIPMENT U NSILS CLEAN 2 66
PROPERLY THAWED 1 53 37 WALLS,CEILING,ATTACHED EQUIP-
2 36 24 STORAGE, LIN OF CLEAN E- MENT CONSTRUCTED,FOOD REPAIR,
07 UNGIRAPPED AND POTENTIALLY UIPMENT/U NSI 1 54 CLEAN SURFACES,DUSTLESS CLEAN-
HAZARDOUS FOOD NOT RE-SERVED 25 SINGLE-SERV E TICLES.STOR- ING METHODS 2 67
� 4 37 �GE,DISPENS G, SED LIGHTING
OS FOOD PROTECTION DURING STOR- 1 55 38 LIGHTING PROVIDED AS REQUIRED,
AGE,PREPARATION,DISPLAY,SER- 26 NO RE-USE 0 SIN LE SERVICE FI2TURES SHIELDED
VICE TRANSPORTATION ARTICLES 1 68
2 38 2 56 VENTIIATION
09 HANDLING OF FOOD (ICE) WATER 39 ROOMS AND EQUIPMENT VENTED AS
MINIMIZED *27 WATER SOIJRCE SA : HOT AND REQUIREA
2 39 COLD UNDER P SS RE 1 69
10 IN USE, FOOD (ICE) DISPENSIN 5 57 DRESSINC ROOMS
UTENSILS PROPERLY STORED SEWAGE 40 ROOMS C�►N,L�CKERS PROVIDED,
1 40 *28 SEWAGE AND W STE WATER DIS- FACILITIES CLEAN,IACATED,USED
ERSONNEL POSAL 1 70
11 PSRSONNEL WITH INEECTIONS RE- 4 SB OTf�R OPERATI Q1S
STRICTED PLUhID ING *41 NECESSARY TOXIC ITEMS PROPERLY
. S 41 29 INSTALLED, IN NED STORED,IABELED� USED
12 HANDS FIASHED AND CLEAN,GOOD ; 1 59 5 71
HYGIENIC PRACTICES *30 CROSS-CONNEC ION, BACK SIPHON- 42 PREMISES MAINTAINED, FREE OF
4 AGE, BACK 'LTTTER,UNNECESSARY ARTICLES,
13 CLEAN CLOTHES,HAIR RESTRAINT 5 60 CLEANING MAINTENANCE EQUIPMENT
1 43 TOILET AND HANDWA INC FACILITIES PROPERLY STORED,AUTNORIZED PE
OOD EQUIPMENT AND UTENSILS *31 NUI�BER,CONVE ENT ACCESSIBLE, SONNEL
14 FOOD (ICE) CONTACT SURFACES DESIGNED,INS LL 1• 72
DESIGNATED,CONSTRUCTED,MAIN- 3 61 43 COMPLETE SEPARATILN FROM LIV-
TAINED,INSTALLED,IACATED 32 TOILET ROOMS NCL SED,SEI,F- VING/SLEEPING QUARTERS LAUNDRY
2 44 CLOSING DOORS FIX RES,GOOD 1 73
15 NON-FOOD CONTACT SURFACES,DE- PAIR, CLEAN: CLEANSER, 44 CLEAN,SOILED LINEN PROPERLY
SIGNED,CONSTRUCTED� MAINTAIN- SANITARY TOWE /T SSUE/NAND- STORED
ED�INSTALLED,IACATED DRYING DEVICE PR VIDED,PROP- 1 74
2 4 ER WASTE RECE AC ES 45 MCIAA
16 DISHWASHING FACILITIES,DESI 62 Non Com llence 0 75
ED,CONSTRUCTED,MAINTAINED,IN-
STALLED,IACATED, OPERATED •
2 46
i� nccvRnx� x�x�a��exs,cx�- g�� �� Q RATING CORE: ��
ICAL TEST KITS PROVIDEA,
C�1UGE COCK 1}" IPS VALVE
1 47 /�'�
Operato �r
* Critical Items
Form E3/Rev. Nov., 1981 Health S ni arian . �
FvOD SERVIIG � R,,� T � � SH � ET ST�PAU�IVIS�N�O��BL ALTH
STABLISHIMENT �T�"""
� � ��
month da ear
DRESS ESTABLISHMEENT CODE ��6�
6 .�7 ,
COLUbIlQ AND WEIGHT NUMBERS CIRCLED AND IT�MS NO IN COMPLIANCE (SUBTRACT WEIGHT POINTS FROM 100)
ITEM . COL. ITEM T. COL. ITEM T. COL.
OOD 18 GARBAGE AND REFUSE DISPOSAL
OL SOURCE: SOUND CONDITION, NO PRE-FLUSHED SC PED, SOAKED 33 CONTAINERS OR RECEPTACLES,CO�F
SPOIIAGE 1 48 ERED ADEQUATE NIJI�ffiER, INSECT/
S 31 19 WASH,RINSE ATE : CLEAN,PROPE RODENT PROOF,FREQUENCY,CLEAN
02 ORIGINAL CONTAINER: PROPERLY TEMPERATURE 2 63
IABELED 2 49 34 OUTSIDE STORAGE AREA ENCLO-
1 32 *20 SANITI2ATI RI SE: CLEAN,TE SURES PROPERLY CONSTRUCTED,
OOD PROTECTION ERATURE,CON EN TION,ERPOSU CI.EAN:CONTROLLED INCINERATION
03 POTENTIALLY HAZARDOUS FOOD TIME,EQllI NT, TENSILS SANI- 1 64
MEETS TEMPERANRE BEQ[IBEMENTS TI2ED INSECT,RODENT,ANIMAL CONTROL
DURING STORAGE, PREPARATION, 3 SO *35 PRESENCE OF INSECTS/RODENTS -
DISPIAY,SERVICE,TRANSPORTA- 21 WIPING CLO S: LEAN,STORED, OUTER OPENINGS PROTECTED, NO
TION 5 33 RESTRICTED BIRDS,NRTLES,OTk�R ANIMALS
04 FACILITIES TO INTAIN PRO- 1 51 3 65
DUCT TEMPERANRE 22 FOOD CONTA T S FACES OF E- FLOORS,WALLS AND CEILINGS
4 34 QUIPMENT ll NSILS CLEAN, 36 FLOORS;CONSTRUCTED,DRAINED,
OS T1�RMOMETERS PROVIDED AND FREE OF AB SI S,DETERGENTS CLFAN,GOOD REPAIR,COVERING IN
CONSPICUOUS 2 52 STALIATION,DUSTLESS CLEANING
1 35 23 NON-FOOD C NTA SURFACES OF I�SETHODS �
06 POTENTIALLY HAZARDOUS FOOD EQUIR�fiT TENSILS CLEAN 2 66
PROPERLY THAHED 1 53 37 WALLS,CEILING,ATTACHED EQUIP-
2 36 24 STORAGE, LI G OF CLEAN E- � MENT CONSTRUCTED,FOOD REPAIR,
07 UNWRAPPED AND POTENTIALLY UIPMENT U NS LS 1 54 CLEAN SURFACES,DUSTLESS CLEAN-
HAZARDOUS FOOD NOT RE-SERVED 25 SINGLE-SER ICE ARTICLES,STOR- ING METHODS 2 67
� 4 37 �GE,DISPEN ING USED LIGHTING
08 FOOD PROTECTION DURING STOR- 1 55 38 LIGHTING PROVIDED AS REQUIRED,
AGE,PREPARATION,DISPLAY,SER- 26 NO RE-USE F S NGLE SERVICE FIZTURES SHIELDED
VICE TRANSPORTATION ARTICLES 1 6
2 38 2 56 VENTIIATION
09 HANDLING OF FOOD (ICE) WATER 39 ROOMS AND EQUIPMENT VENTED AS
MINIMIZED *27 WATER SOU E,S FE: HOT AND REQUIREA
2 39 COLD UNDE PRE SURE 1 69
10 IN USE, FOOD (ICE) DISPENSIN 5 57 DRESSING ROOMS
UTENSILS PROPERLY STORED � SEWAGE 40 ROOMS CLEAN,IACICERS PROVIDED,
1 40 *28 SEWAGE WA WATER DIS- FACILITIES CLEAN,LOCATED,llSED
ERSONNEL POSAL 1 70
11 PHRSONNEL 41I1H INFECTIONS RE- 4 58 OTt�R OPERATIQiS
STRICTED PLUMBING *41 NECESSARY TORIC ITEMS PROPERLY
, 5 41 29 INSTALLED MA TAINED STORED,IABELED, USED
12 HANDS WASHED AND CLEAN,GOOD ; 1 59 5 71
HYGIENIC PRACTICES *30 CROSS-CO CT ON, BACK SIPHON- 42 pREMISES MAINTAINED, FREE OF
S 42 AGE, BACK 'LTTTER,UNNECESSARY ARTICLES,
13 CLEAN CLOTHES,HAIR RESTRAINTS 5 60 CLEANING MAINTENANCE EQUIPMENT
1 43 TOILET AND WAS ING FACILITIES PROPERLY STORED,AUTHORI2ED PE
OOD EQUIPMENT AND UTENSILS *31 NUMBER,CO N ENT, ACCESSIBLE, SONNEL
14 FOOD (ICE) CONTACT SIIRFACES DESICd�ED� NS LLED 1 72
DESIGNATED,CONSTRUCTED,MAIN- 61 43 COMPLETE SEPARATIQJ FROM LIV-
TAINED,INSTALLED,IACATED 32 TOILET R S NCLOSED,SEI�F- VING/SIEEPING QUARTERS IAUNDRY
2 44 CLOSING D RS FIXTURES,GOOD 1 73
15 NON-FOOD CONTACT SURFACES,DE- PAIR, C . CLEANSER, 44 CLEAN,SOILED LINEN PROPERLY
SIGNED,CONSTRllCTED, MAINTAIN- SANITARY OWE /TISSUE/NAND- STORED
ED,INSTALLED,IACATED DRYING D ICE PROVIDED,PROP- 1 74
2 45 ER WASTE CE ACLES 45 MCIAA
16 DISHWASHING FACILITIES,DESI 2 62 Non Com liance 0 75
ED,CONSTRUCTED,MAINTAINED,IN-
STALLED,LOCATED, OPERATED ' �
2 46 . /
i� nccuxnTe THERMOMETERS,cx�- g� � RAT � G SCORE:
ICAL 1EST KITS PROVIDEA, /
GAUGE COCK 1}" IYS VALVE
1 47 �
Ope to
* Critical Items
Form E3/Rev. Nov., 1981 Heal h anitarian
FDOD � ERV1 +� � � � T1 �1 � H � ET sm D o 1� �L�
ESTABLISHMENT DA E .�
� �
month da ear
ADDRESS ESTABLISHMENT CODE
�S �— , r �i ��6 3
COLiJIrIN AND WEIGHT NUMBERS CIRCLED AND ITEM 0 IN COMPLIANCE (SUBTRACT WEIGHT POINTS FROM 100)
ITEM . COL. ITEM COL. ITEM T. COL.
OOD 18 GARBAGE AND REFIISE DISPOSAL
O1 SOURCE: SOUND CONDITIONi, NO PRE-FLUSF�D, SC PED, SOAKED • 33 CONTAINERS OR RECEPTACLES,COV�
SPOILAGE 1 48 ERED ADEQUATE NUMBER, I:ISECT/
S 31 19 WASH,RINSE TER CLEAN,PROPE RODENT PROOF,FREQUENCY,CLEAN
02 ORIGINAL CONTAINER: PROPERLY TEMPERANRE 2 63
IABELED 2 49 34 OUTSIDE STORAGE AREA ENCLO-
1 32 *20 SANITIZATION RIN E: CLEAN,TEM SURES PROPERLY CONSTRUCTED,
OOD PROTECTION ERANRE,CONC NT TION,EXPOSU CLEAN:CONTROLLED INCINERATION
03 POTENTIALLY HAZARDOUS FOOD TIME,EQUIPME ,U NSILS SANI- 1 64
MEETS TEMPERATIJRE BEQti TI2ED INSECT.RODENT,ANIMAL CONTROL
DURING STORAGE, PREPARATION, 3 SO *35 PRESENCE OF INSECTS/RODENTS -
DISPI,AY,SERVICE,TRANSPORTA- 21 WIPING CLOTH : C ,STORED, OUTER OPENINGS PROTECTED, NO
TION 5 33 RESTRICTED BIRDS,NRTLES,OTk�R ANIMALS
04 FACILITIES TO INTAIN PRO- 1 51 3 65
DUCT TEMPERANRE 22 FOOD CONTACT SUR ACES OF E- FLOORS,WALLS AND CEILINGS
4 34 QUIPMENT AND UTE SILS CLEAN, 36 FLOORS;CONSTRUCTED,DRAINED,
OS THERMOMETERS PROVIDED AND FREE OF ABRA ZVE ,DETERGENTS CLEAN,GOOD REPAIR,COVERING IN-
CONSPICUOUS 2 52 STALIATION,DUSTLESS CLEANING
1 35 23 NON-FOOD CON CT SURFACES OF METHODS '
06 POTENTIALLY HAZARDal1S FOOD EQUTA�fENT U SILS CLEAN 2 66
PROPERLY THAWED 1 53 37 WALLS,CEILING,ATTACHED EQUIP-
2 36 24 STORAGE,NAND ING OF CLEAN E- MENT CONSTRUCTED,FOOD REPAIR,
07 UNWRAPPED AND POTENTIALLY UIPMENT UTE SIL 1 54 CLEAN SURFACES,DUSTLESS CLEAN-
HAZARDWS FOOD NOT RE-SERt7ED 25 SINGLE-SERVI E A TICLES,STOR- ING METHODS 2 67
4 37 �GE,DISPENS G, SED LIGtITING
OS FOOD PROTECTION DURING STOR- 1 55 38 LIGHTING PROVIDED AS REQUIRED,
AGE,PREPARATION,DISPLAY,SER- 26 NO RE-USE OF SIN SERVICE FI2TURES SHIELDED
VICE TRANSPORTATION ARTICLES 1 68
2 38 2 56 VENTIIATION
09 HANDLING OF FOOD (ICE) WATER 39 ROOMS AND EQUIPMENT VENTED AS
MINIMIZED *27 WATER SOURCE SA : AOT AND REQUIRED
2 39 COLD UNDER P SS . 1 69
10 IN USE, FOOD (ICE) DISPENSIN 5 57 DRESSING ROOMS
UTENSILS PROPERLY STORED SEWAGE 40 ROOMS CLEAN,IACKERS PROVIDED,
1 40 *28 SEWAGE AND W STE ATER DIS- FACILITIES CLEAN,IACATED,USED
ERSONNEL POSAL 1 70
11 PSRSONNEL WITki INFECTIONS RE- 4 58 OTf�R OPERATIINS
STRICTED PLUMBING *41 NECESSARY TOXIC ITEMS PROPERLY
, 5 41 29 INSTALLED, NTA NED STORED,IABELED, llSED
12 HANDS WASHED AND CLEAN,GOOD ; 1 59 5 71
HYGIENIC PRACTICES *30 CROSS-CONNEC ON, BACK SIPHON- 42 PREMISES MAINTAINED, FREE OF
'4 AGE, BACK "I,ZTTER,UNNECESSARY ARTICLES,
13 CLEAN CLOTHES,HAIR RESTRAINTS 5 60 CLEANING MAINTENANCE EQUIPMENT
43 TOILET AND NANDWAS ING FACILITIES PROPERLY STORED,AUTtiORIZED PE
OOD EQUIPMENT AND UTENSILS *31 1�RRffiER,CONVE ENT ACCESSIBLE, SONNEL
14 FOOD (ICE) CONTACT SURFACES DESIINED,INS LL 1 7 �
DESIGNATED,CONSTRUCTED,MAIN- 3 6 43 CQNPLETE SEPARATIQ�1 FROM LIV-
TAINED,INSTALLED,IACATED 32 TOILET ROOMS NCI SED,SEI.F- VING/SLEEPINC QUARTERS IAUNDRY
4 CLOSING DOORS�FIX RES,GOOD 1 73
15 NON-FOOD CONTACT SURFACES,DE- PAIR, CLEAN: CLEANSER� 44 CLEAN,SOILED LINEN PROPERLY
SIGNED,CONSTRUCTED, MAINTAIN- SANITARY T061E /T SSUE/HAND- STORED
ED,INSTALLED.IACATED DRYING DEVICE PR VIDED.PROP- 1 74
2 45 ER WASTE RECE AC ES 45 MCIAA
16 DISHWASHING FACILITIES,DESI 2 62 Non Com liance 75�
ED,CONSTRUCTED,MAINTAINED,IN-
STALLED,LOCATED. OPERATED '
2 46
i� ACCURATE THERMOMETERS,CHEM- $� ,('E � O RATING SCORE•
ICAL TEST KITS PROVIDEA,
GAUGE COCK 1}" IPS VALVE
1 47
Operato �
* Critical Items
Form E3/Rev. Nov., 1981 Health S ni arian �, ,Q, _
-��.C� � S � I� VICE RATIN SHEET s���������,i�
S TABLI SHrIENT DATE
.� �� �
month da ear
DDRESS ''� ESTABLISHMENT CODE �� /�
�'_ � 6
. 7
COI,UMN AND WEIGHT NUMBERS CIRCLED AND TEMS 0 IN COMPLIANCE (SUBTRACT WEIGHT POINTS FRO�M 100)
ITEM . . COL. ITEM , COL. ITEM T. COL.
OOD 18 GARBAGE AND REFUSE DISPOSAL
O1 SOURCE: SOUND CONDITION, NO PRE-FZUSHED, SCRA GD, SOAKED 33 CONTAINERS OR RECEPTACLES,COV�
SPOIIAGE 1 48 ERED ADEQ(IATE NUMBER, INSECT/
5 31 19 FIASH,RINSE W TER: CLEAN,PROPE RODENT PROOF,FREQUENCY,CLEAN
02 ORIGINAL CONTAINER: PROPERLY TEMPERATURE 2 63
IABELED 2 49 34 OUTSIDE STORAGE AREA ENCLO-
1 32 *20 SANITIZATION INS : CLEAN, SURES PROPERLY CONSTRUCTED,
OOD PROTECTION ERANRE,CONCE TRA ION,EXPOSURE CI.EAN:CONTROLLED INCINERATION
03 POTENTIALLY HAZARDOUS FOOD TIME,EQUIPMEN ,U NSILS SANI- 1 64
MEETS TEMPERATURE BEQII TIZED INSECT,RODENT,ANIMAL CONTROL
DURING STORAGE, PREPARATION, 3 50 *35 PRESENCE OF INSECTS/RODENTS -
DISPIAY,SERVICE,TRANSPORTA- 21 WIPING CLOTHS C N,STORED, OUTER OPENINGS PROTECTED, NO �
TION 5 33 RESTRICTED BIRDS,IURTLES,OTF�R ANIMALS
04 FACILITIES TO MAINTAIN PRO- 1 51 3 65
DUCT TEMPERATURE 22 FOOD CONTACT URF ES OF E- FLOORS,WALLS AND CEILINGS
4 34 QOIPMENT AND NS LS CLEAN, 36 FLOORS;CONSTRUCTED,DRAINED,
OS THERMOMETERS PROVIDED AND FREE OF ABRAS S, ETERGENTS CLEAN,GOOD'REPAIR,COVERING IN-
CONSPICUOUS 2 52 STALII,TION,DUSTLESS CLEANING
1 35 23 NON-FOOD CON T S RFACES OF METNODS
06 POTENTIALLY HAZARDOUS FOOD EQUIPMENT AND TEN ILS CLEAN 2 66
PROPERLY THAWED 1 53 37 WALLS,CEILINC,ATTACHED EQUIP-
2 36 24 STORAGE,HANDLI G 0 CLEAN E- MENT CONSTRUCTED,FOOD REPAIR,
07 UNWRAPPED AND POTENTIALLY UIPMENT/UTENS LS 1 54 CLEAN SURFACES,DUSTLESS CLEAN-
HAZARDOUS FOOD NOT RE-SERVED 25 SINGLE-SERVICE ART CLES,STOR- ING METHODS 2 67
4 37 1GE,DISPENSING US D LIGHTING
08 FOOD PROTECTION DURING STOR- 1 55 38 LIGHTING PROVIDED AS REQUIRED,
AGE,PREPARATION,DISPIAY,SER- 26 NO RE-USE OF S NG SERVICE FIZTURES SHIELDED
VICE TRANSPORTATION ARTICLES 1 68
38 2 56 VENTILATION
09 HANDLING OF FOOD (ICE) WATER ,39 ROOMS AND EQUIPMENT VENTED AS
MINIMIZED *27 WATER SWRCE,S FE: OT AND REQUIRED
2 39 COLD UNDER PRE URE 1 69
10 IN USE, FOOD (ICE) DISPENSIN • 5 57 DRESSING ROOMS
UTENSILS PROPERLY STORED SEWAGE 40 ROOMS CI.EAN.LOCKERS PROVIDED,
1 40 *28 SEWACE AND WAS WA R DIS- FACILITIES CLEAN,IACATED,USED
ERSONNEL POSAL 1 70
11 PSRSONNEL FlI11i INFECTIONS RE- 4 58 OTE�R OPERATIQiS
STRICTED PLUMBING *41 NECESSARY TORIC ITEMS PROPERLY
5 41 29 INSTALLED, MAIN I D STORED,IABELED, USED
12 HANDS WASHED AND CLEAN,GOOD 1 59 5 71
HYGIENIC PRACTICES *30 CROSS-CONNECTIOI , B CK SIPHON- 42 PREMISES MAINTAINED, FREE OF
5 42 AGE, BACKFLOW LTTTER,UNNECESSARY ARTICLES,
13 CLEAN CLOTHES,HAIR RESTRAINTS 5 60 CI.EANING MAINTENANCE EQUIPMEN
1 43 TOILET AND NANDWASHZI F ILITIES pROPERLY STORED,AUTHORI2ED PE
OOD EQUIPMENT AND UTENSILS *31 NUMBER,CONVENI CESSIBLE, SONNEL
14 FOOD (ICE) CONTACT SURFACES DESIQiED,INSTA 72
DESIGNATED,CONSTRUCTED,MAIN- � 61 43 COMPLETE SEPARATIQI FROM LIV-
TAINED,INSTALLED,LOCATED 3T TOILET ROOMS EN SE ,SET,F- VING/SLEEPING QUARTERS IAUNDRY
2 4 CLOSING DOORS,F TU S,GOOD 1 �g
IS NON-FOOD CONTACT SURFACES,DE- PAIR, CLEAN: CL NSER, 44 CLEAN,SOILED LINEN PROPERLY
SIGNED,CONSTRUCTED� MAINTAIN- SANITARY TOWELS/ ISS E/HAND- STORED
ED,INSTALLED,IACATED DRYING DEVICES P OVI ED.PROP- 1 74
45 ER WASTE RECEPTA LES 45 MCIAA
16 DISH41AStiING FACILITIES,DESI ' 2 62 Non Com liance 0 75
ED,CONSTRUCTED,MAINTAINED,IN-
STALLED,LOCATED, OPERATED
2 46
i7 ACCURATE TE�RMOMETERS,c�- g�� � RATING SCORE: 0
ICAL TEST KITS PROVIDEA, —
GAUCE COCK 1}" IPS VALVE
1 47
Operator
� Critical Items �
torm E3/Rev. Nov., 1981 Health San ta ��
� ��� ��,�
� 11.6��
,;�SO.._ry�'•, �
vy
• (
�, _
��ifl�x���� RECEIVED
STAT F M I N N ESOTA �pN 101989
OFFICE O AD INISTRATIVE HEARINGS ��TY CLERK
FIFTH FL OR, LOUR EXCHANGE BUILDING
31 FO RTH AVENUE SOUTH
MIN EAP LIS, MINNESOTA 55415
s,2>sa,asoo RECEIVED
J u y 9, 1989
FEB 2 41989
ClTY CL��K
St. Paul City Council
Attn: Albert B. Olson
City Clerk
386 City Hall
St. Paul, Minnesota 55102
Re: In the Matter of the License f akoyah Japanese Restaurant; OAH Docket
No. 62-2101-2973-6.
Dear Mr. Olson:
Enclosed is the original Inte im Order in the above-referenced matter,
copies of which were served on al p rties by Administrative Law Judge Richard
A. Mosman on December 27, 1988. ls enclosed is the official record, and our
file in this matter is now being lo ed.
Sincerely,
��Zr1L�'�e2�� � `"�`+�C��� �
SANDRA A. HAVEN
Office Services Supervisor
Telephone: 612/341-7642
sh
Enc.
AN EQUAL P ORTUNITY EMPLOYER
City-89-0o5-CG
62-2101-2973-6
ST TE OF MINNESOTA
OFFICE OF D NISTRATIVE HEARINGS
FOR T E ITY OF ST. PAUL
In the Matter of
the License of Nakoyah INTERI� ORDER
Japanese Restaurant
The above-entitled m tt r was scheduled for hearing before
Administrative Law Judge i hard A. Mosman on 2g December, 1988 .
at 9 :00 a.m. Prior to th commencement of said hearing, the
parties entered into nego i tions and a written Stipulation , the
terms of which are inclu e in a letter from Philip B. Byrne ,
Assistant St . Paul City t orney, dated December 20, 1988 and
signed by the license hol e . The terms and conditions of that
document are specificall cited, referenced and incorporated
herein .
In accordance with said S ipulation entered into between the
parties , the hearing in t is matter is continued for a period not
to exceed one ( 1 ) year of t e date hereof. During that one ( 1 )
year period of time the C ' t of St. Paul will have the ri�ht to
re-schedule the hearing w' t proper notice to all parties . In
the event the City of S . Paul does not serve notice of the
hearing within one ( 1 ) ye r from the date of this Order,
jurisdiction by virtue of t e Notice of Hearing served November
25 , 1988 upon the responde t herein will terminate .
�
D a t e d: � �-"7�, �Q ��v�,
��� Richard A . Mosman
Administrative Law Judge
Pursuant to Chapter 14. 62 copy of the Interim Order in the
above-entitled matter sha 1 be served upon each party or the
party' s representative by ir t class mail .
-1-
_ �� -.. f r�� f'y�
° y�` fJ,�4.s�
oa:4°"°��"°`°� CITY OF SAINT PAUL
��ii o�p�,
��' '+`� OFFICE OF THE CITY ATTORNEY
�o *
'� .n��rmu �i.=
`'� �'-"-1!!1��� - EDWARD P. STARR. CITY ATTORNEY
+
"'�•,�.�n'�;�..;>' 647 City Nall, Sain1 Paul. Min�c�sota 55102
61?-298-5121
GEORGE LATIMER
MAYOR
December 2I , 1988
Mr. Richard A. Mosman
Attorney at Law
1040 First Bank Place West
P�Iinneapolis , MN. 55402
RE : Nakoyah Japanese Restau an
1569 University Avenue
Dear Mr. Mosman:
This letter will confirm the st'pulation entered into on behalf of
the City of Saint Paul and S S . Suh dba the Nakoyah Japanese
Restaurant by myself for the C' y and So S . Suh as the license-
holder.
We first agree and confirm t a the hearing scheduled fo� December
29, 1988 , will be and is con i ed pending a reinspection of the
licensed premises . Ms . Kath e Stack, Director, Department of
Community Services , has indi a ed to me that appropriate inspection
personnel from the Division f Environmental Health will reinspect
the premises for evidence of c rrection of some or all of previous
violations and problems , wit i the next two weeks .
If that reinspection shows i he judgment of that department suffi-
ciently complete com.pliance i h applicable code provisions and
good health sanitation prac ic s , the City will not seek a reschedul-
ing of the hearing date at i time. If at the end of a one-year
period from this date there ha e been no violations sufficient to
warrant a hearing, the City i 1 ask for dismissal of the complaint
and cancellation of the pro ee ings .
On the other hand, if new v'ol tions occur or if old violations remain
uncorrected, the City will y mendment to its Notice of Hearing
dated November 25 , 1988 res he ule a hearing upon such grounds as
may then exist .
The undersigned agree that n ppropriate Interim Order may be
issued by Richard A. Mosman E q. , Administrative Law Judge, incor-
porating the terms and cor.d ti ns of this stipulation. Such Interim
Order will continue the hea in pending expiration of one year' s
time , or the service of an e ded Notice of Hearing by the City,
whichever occurs first .
Mr. Richard A. Mosman
Page 'I`wo
December 21 , 1988
Mr. Suh' s signature below wil e idence his assent to this
stipulation.
Very truly yours , Nakoyah Japanese Rest ra
. . �
PHILIP . BYRNE So . Su
Assistant City Attorney Lic sehol r
cc : Ms . Kathleen Stacic, Dire t r
Department of Community e vices
Mr. Frank Staffenson, D" e tor
�Jivision of Fnvironment 1 ealth
RICHARD A. MOSMAN, LTD. su�TE �000
ATTORNEY AT LAW FIRST BANK PIACE WEST
MINNEAPOL15, MiNNE50TA 55402
. TELEPHONE
OFFICE(612) 339�i515 �
RES!DEnICE 636�8929
December 27 , 1988
Office of the City Attorney
Mr. Philip Byrne
Attorney for the City of St. a 1 License Inspector
6�47 C ity Hall �
St. Paul , MN 55102
Re: Pacific Garden Restaurant 0 �� 62-2101 -2972-6
Nakoya Japanese Restauran AH�k62-2101-2973-6
Dear Mr. Byrne:
I am enclosing with this le t r copies of my Interim Order in
accordance with the Stipulat 'on between the parties . You should
be aware that the OAH is goi g� o elose its file and that in the
event it becomes necessary fo ou to re-notice the hearing, that
you should be sure to forward' t e correct file numbers to the OAH
when you request a new hearin .
It also appears to me that u ing this one ( 1 ) year period of
time , if conditions differe t han those originally alleged in
your notice are the basis fo r -noticing this hearing, that you
should be careful to amend t e Notice of Hearing to include the
new basis.
I appreciate your efficient h ndling of this matter and what
appears to be a fair and reas n ble resolution of these issues .
Sincerely yours,
RICHARD A. MOSMAN, LTD. ,
Richard A. Mosman
RAM/lss
Enclosure(s)
°�'� CITY OF SAINT PAUL
S'y�� ♦
�`� ''� OFFICE OF THE CITY ATTORNEY
�' .,t
�� illl�l ll II �^
�;. EDWARD P. STARR, CITY ATTORNEY
,,
' "°' 647 Cit Nall, Saint Paul,Minnesota 55102
,"um,e ..fi��` Y
612-298-5121
GEORGE LATIMER
MAYOR
December 2I, 1988
Mr. Richard A. Mosman
Attorney at Law
1040 First Bank Place West
Minneapolis , MN. 55402
RE: Nakoyah Japanese Restaura t
1569 University Avenue
Dear Mr. Mosman:
This letter will confirm the sti ulation entered into on behalf of
the City of Saint Paul and So S . Suh dba the Nakoyah Japanese
Restaurant by myself for the it and So S . Suh as the license-
holder.
We first agree and confirm th t he hearing scheduled for December
29, 1988 , will be and is cont'nu d pending a reinspection of the
licensed premises . Ms . Kathl en Stack, Director, Department of
Community Services , has indic te to me that appropriate inspection
personnel from the Division o E vironmental Health will reinspect
the premises for evidence of or ection of some or all of previous
violations and problems , with n he next two weeks .
If that reinspection shows in t e judgment of that department suffi-
ciently complete com.pliance w t applicable code provisions and
good health sanitation practi e , the City will not seek a reschedul-
ing of the hearing date at th' s time. If at the end of a one-year
period from this date there h v been no violations sufficient to
warrant a hearing, the City ' 1 ask for dismissal of the complaint
and cancellation of the proce d ngs .
On the other hand, if new vi la ions occur or if old violations remain
uncorrected, the City will b a endment to its Notice of Hearing
dated November 25 , 1988 resc ed le a hearing upon such grounds as
may then exist .
The undersigned agree that a a propriate Interim Order may be
issued by Richard A. Mosman, Es . , Administrative Law Judge, incor-
porating the terms and cor�di io s of this stipulation. Such Interim
Order taill continue the hear ng pending expiration of one year' s
time, or the service of an en ed Notice of Hearing by the City,
whichever occurs first.
..�-
C� ��.: ��,��,
Mr. Richard A. Mosman
Page T�ao
December 21, 1988
Mr. Suh' s signature below wil e idence his assent to this
stipulation.
Very truly yours, Nakoyah Japanese Res ra
- . �
PHILIP . BYRNE So Su
Assistant City Attorney Lic sehol r
cc : Ms . Kathleen Stack, Dire to
Department of Community e ices
Mr. Frank Staffenson, Di e tor
Division of Environmenta ealth
r .
��
... • ;�''!. ���
,��•••. � � � CITY O F SAI NT PAU L
.• :
• •_� OFFICE OF THE CITY ATTORNEY
: ��� C
• EDWARD P. STARR, C1TY ATTORNEY
���� � 647 City Hall, Saint Paui, Minnesota 55102
GEORGE LATIMER 612-298-5t21
MAYOR
November 25, 1988
Mr . So. S. Suh OTICE OF HEARING
Nakoyah Japanese Restaurant
1569 University Avenue West
St. Paul , Minnesota 551f�4
RE: Nakoyah Japanese Restaurant 569 University Avenue
Dear Mr. Suh:
This is to notify you that a h aring will be held concerning all
the licenses held at the lice se premises stated above at the
following time, date and place:
Date: December 29 1 88
Time: 9:PJf� a.m.
15f�4 City H 11 Annex
25 W. 4th S re t, St. Paul , Mn. 55102
The judge will be an Administ a ive Law Judge from the State of
Minnesota Office of Administra i e Hearings:
Name: Richard A. Mosman, Esq.
Address: 1040 Fir t Bank Place West
Minneapo i , Mn. 554P12
Telephone: 339-1515
The Council of the City of S int Paul has the authority to
provide for hearings concer i g licensed premises, and for
adverse action against su h licenses , under Chapter 310 ,
including sections 31fd. 05 a d 319. 06, of the Saint Paul
Legislative Code. In the ca e of licenses for in�'oxicating and
_ non-intoxicating liquor, aut o ity is also conveyed by section
34gA.415 of the Minnesota St tu es. Adverse action may include
revocation, suspension, fines a other penalties or conditions.
Evidence will be presented to t e judge which may lead to adverse
action against all the licens s you hold at the above premises as
follows :
Failure to comply it applicable food and health code
requirements (an ealth department orders) as
evidenced by the re o ts and documents attached to th_is
_ . � � �` �-� .
letter, including thos ated October 18, 1988; May 10,
1988; March 21, 1988; p il 1�8, 1988; and September 24,
1987.
You have the right to be repre e ted by an attorney before and
during the hearing if you so c oose, or you can represent
yourself. You may also have a p rson of your choice represent
you, to the extent not prohibite as unauthorized practice of
law.
The hearing will be conducted i a cordance with the requirements
of sections 14.57 to 14.62 of t e Minnesota Statutes, and such
parts of the procedures under se tion 310.�J5 of the Saint Paul
Legislative Code as may be applic ble.
At hearing , the Administrativ L w Judge will have all parties
identify themselves for the re o d. Then the City will present
its witnesses and evidence, ea f whom the licensee or attorney
may cross=examine. The licens e may then offer in rebuttal any
witnesses or evidence it may i h to present , each of whom the
City attorney may cross-exami e. The Administrative Law Judge
may in addition hear relevant a d material testimony from persons
not presented as witnesses who ha e a substantial interest in the
outcome of the proceeding; fo e ample, the owners or occupants
of property located in close ro imity to the licensed premises
may have substantial interes i the outcome of the proceeding.
Concluding arguments may be m d by the parties. Following the
hearing, the Judge will prepare indings of Fact, Conclusions of
Law, and a specific recomm enda i n for action to be taken.
You should bring to the he ri g all documents , records and
witnesses you will or may need to support your position.
Subpoenas may be available to co pel the attendance of witnesses
or the production of docum e t in conformity with Minnesota
Rules, part 14f6g.7001fd.
If you think that this matter c n be resolved or settled without
a formal hearing , please con a t or have your attorney contact
the undersigned. If a stipul ti n or agrzem ent can be reached as
to the facts , that stipul t on will be presented to the
Administrative Law Judge f r incorporation into his or her
recommendation for Council ac i n.
� �'? '`,�,`"
.s' . J � . • . _ ' , cf ;'N .. . . Y � �� � ... ���� , .
� � a
If you fail to appear at the he ri g, the allegations against you
which have been stated earlier i this notice may be taken as
true and your ability to challe ge them forfeited. If non-public
data is received into evidenc t the hearing, it may become
public unless objection is m d and relief requested under
Minnesota Statutes, section 14. 0, subdivision 2.
Very truly yours,
PHILIP B. BYRNE
Assistant City Attorney _
(612) 298-5121
Atty. Reg . No. 13961
cc: Joseph F. Carchedi
License Inspector
Lt. Donald Winger
Vice Unit
Albert B. Olson
City Clerk
Paige Purcell
Office of Administrative ea ings
William F. Gunther
Environmental Program Man ge
bcc to Bill Gunther: pl�ase n t' fy the inspectors on these
to be av i able at the hearing. Thanks .
� � � �'
. � ' • . " � �\ �.ri
�n
J�
CITY F 5 INT PAUL
INTERDEPARTM N L MEMORANDUM
���;�1����
N�v 1 �-� 1988
;���..���, � .�..,
.�� :'t . : ° „".` : �;
�-='- , °'�;,.
Novgnber 10, 1988
' ;
TO: Phillip Byrne
Assistant City Attorney
ERoM: William F. Ctianther �
Environmental Program g � �
SUB.TECr: Revocation Of License or e Nakoyah Japanese Restaurant
At 1569 University Av ue
�
Please start the re�vocation p s for the above establisl�nent. The
revocation should be based �on:
1. Failure to maintain ad te hair control on food handlers.
Third notice.
2. Failure to prevent in all food preparation areas. �
Thixd notice
3. Failure to remove n- pproved food equignent. Third notice.
4. Failure to fix ligh f xture in food preparation area i.n the
basement. Third no ic .
We have tried to work with this lishment and in fact have had an
Administrative hearing on March 1, 1988 and still the probles� persist.
Please begin the revocation p ss and continue unless you hear otherwise
from this section. I have enclo the docu�entation of our recent
enforo�nent actions on this li hment.
WEG/ms
c: Frank A. Staffenson
EY�vironmental Bealth Directo
Ward Harlmess
Environmental H�alth S�ecial'st
File
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St. Paul, Minne ot 55101 PHOBB:6,� —030 !
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`��T*�� CITY OF SAINT PAUL
°�� ��
� DEPARTMENT OF COMMUNITY SERVICES
� �
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,... .
Ceorge latimer DIVISION OF PUBLIC HEALTH
Mayor 1954 University Ayenue, St. Paul, Minnesota 55104
(612) 292-7717
NovemUer 3, 1988
:
Nakoyah Ja^panese Restaurant
��5b J'viu ersity Avenue/ ,
Saint Paul, Minnesota 55104
Dear Manager:
.,s An Achninistrative hearing has bee s t up on November 9, 1988 at 2:30
p.m. , concerning the establishmen a 1569 Univeraity Avenue. This
hearing will be inforntial, but we il be reviewing the inspectional
history at this address, particul rl the inspection report dated October
18, 1988. We will discuss the no deficiencies and set � a com�liance
schedule. Please be at the St. P ul Environmental Health Food Regulation
Program, S�ite #7, at 1954 Univer it Avenue at the scheduled time.
If you have any questions, you ma 11 me a� 292-7717.
Yours truly,
V�v(��,a►+� �•S��µ'v'�� .
William F. Gunther
Environmental Program Manager
WE�G/ms
c: Ward A. Har}mess
Environmental Health Speciali t
File
� "
: - , f� /�"l, .
<�_ . :<.5:
. ��� CITY OF SAINT PAUL
�4• •y
DEPARTMENT OF COMMUNITY SERVICES
' __'{'���� :
% L`j'�� DIVISION OF PUBLIC HEALTH
'�-, ,...;�
'°�,�. 555�edar Street,Saint Poul,Minnesota 55101
Geo�ge latimer (672)292-7741
Mayor
April 18, 1988
Nrakoyah Japanese Restaurant
1569 &1571 Univ�rsity'Avenue�
Saint Paul, Minnesota 55104
Attention: Manager
Dear Manager:
This is to confirm what was agreed up n or ordered duririg the administrative
hearing held in my office on March 31 1988. The following numbered items
correspond to the numbered defecie ci s noted on the inspectional report
dated March 21, 1988.
1. Proper hair restraint has t be worn at all times. If there is a
repeat of this violation in he future a ticket will be issued.
2. Remove immediately.
3. Repair or replace the br 'ke ceiling light by May 2, 1988.
4. No smoking is allowed in an food preparation area. This practice
should be ceased immedia el .
5. No personal articles are to be stored in the food preparation area.
Cease this practice imme ia ely and instruct all employees as Co the
proper place to store pe so al articles.
6. This must be corrected i e iately. Paper towels are to be provided
at hand sinks at all tim s.
7. A paper towel dispenser il have to be installed by May 2, 1988.
8. The items referred to mu t e cleaned on a regular basis.
9. Paper towels must be pro id d at hand sinks at all times.
The next regular scheduled inspe io will be on or after May 2, 1988. If
you have any problems with compl n or any questions, please call either
myself or the district inspector e ore this date.
Yours truly,
. ; ,
. �•�ti, �� � . �j.+l� ,.C�
William F. Gunther
Environmental Program Manager
WFG/ms
c: Ward Harkness �
Environmental Health Specia 'st
File
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s���o, � � � �� � ��1 � r� CITY OF SAINT PAUL
.° �
. ,� OFFICE OF THE CITY ATTORNEY
° ��
`'-� iiii�ili�iii +'=
;; --1-J-- „�� EDWARD P. STARR, CITY ATTORNEY ,
�'<<,,,�.��;` 647 City Hall, Saint Paul,Minnesota 55102
u12-298-51Zi
GEORGE LATIMER
MAYOR
����is11� ;
January 12y 1989 "�`�� � � � ?
����
� AMENDE D N��
Mr. So. S. Suh OTICE OF HEARING
Nakoyah Japanese Restaurant
1569 University Avenue West
St. Paul , Minnesota 5510�4
RE: Nakoyah Japanese Restauran , 569 University Avenue
Dear Mr. Suh:
This is to notify you that a h ar ng will be held concerning all
the licenses held at the license premises stated above at the
following tim e, date and place:
Date: February 8, 9 9
Time: 9:410 a.m.
9th Floor Conf rence Room, Commerce Building
Fourth and ab sha Streets,
St. Paul , M . 55101
The judge will be an Administr t ve Law Judge from the State of
Minnesota Office of Administra iv Hearings:
Name: Richard . osman, Esq.
. Address : 1040 Fir t ank Place West
Minneapo is, Mn. 55402
i Telephone: 339=1515 i
; The Council of the City af Sa ' nt Paul has the authority to �
j provide for hearings concer i g licensed premises, and for
� adverse action against suc icenses , under Chapter 310 ,
i incluc3ing sect.ions 31f�. 05 an 31PJ. 016 , of the Saint Paul
� Legislative Code. In the ca e f licenses for intoxicating and
� non'-intoxicating liquor , aut orit� is also conveyed by section
i340A.415 of the Minnesota Sta u es. Adverse action may include
�
revocation, suspension, fines an other penalties or conditions.
a Evidence will be presented to th judge which may lead to adverse
� action against all the licens s ou hold at the above premises as
� follows :
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� INSPECTION REPORT ST.=:_. ,"AUL DIVISION F BLIC-�{EALTH _: �.+'
292-7717 555 Cedar Street DAiBc � �
St. Paul, Minnesot 5101 pA08B:
, . TI!!6: C1LL TYPB:
ESTABLISHMBNt NB%T IASP6CTION; Arrival l.Houtine
Due on or after: . � 1.Heinapect
d 3.Other
IIDDBBSS 1 a � �o Departure 4�Propoaed
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SDSP6CT PBI;
I�CTIVITY NBfi:— - BBABfi: Badge # COMPL�IAT;
Order No. TflB FOLL08IHG IMPflOVSMBBTS KOST CO PLBTBD I!Il18DII►TBLI 0& YITflI� SH6 TI!!B SPBCIFIBD BBLOii
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INSPECTION REPORT 5f. PAUL DIVISION OF PUBLIC HEALTri�
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292-7717 555 Cedar Street DATB: � �0 �� �
St. Paul, Minneso a 55101 PHOAB:6� —D3o
TINB: � � ` C�LL TYPB:
BSTJIBLISHl16NT ABaT IASP6C4IOA: �rrival 1.@outine
. ` Due on or after: � �30 2.fieinspect I
O 3.Other
ADOflBSS , Departure 4.Propoaed
. �, �� � � ' BS!'# CT �� Q;j SSOSPBCT1FBIapection
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ACTIVITY A891: BBA6N: Badge # � COMPLAIAT:
Order Ao. THB FO LONING IMPflOVBM6ATS !!OS BB OMPLBTBD IE!l16DIArBLY Ofl iiITHIA 4flB TIBB SPBCIFIBD BSLOw �
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aeadily Peri�hible Poodi: cold toodi �u�t be � 40' or ]e��� 6ot lood� �u�t be �t 160'� or 6iqhar� "Raht�� lood� to 16S'i or
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�:,��_►..: CITY OF SAINT PAUL
�; ;, DEPARTMENT OF COMMUNITY SERVICES
%: ��I'I��f, _�
w _ DIVISION OF PUBLIC HEALTH
ry�:.:a•� - •° 555 Cedar Street,Saint Paul,Minnesoa 55101
George latimer (614)292-774t
Mayor
April 18, 1988
N koyah Japanese Restaurant
�1569 &� 1571 Univ�rsity"Avenue�
Saint Paul, Minnesota 55104
Attention: Manager
Dear Manager:
This is to confirm what was agreed po or ordered duririg the administrative
hearing held in my office on March 1, 1988. The following numbered items
correspond to the numbered defecien ie noted on the inspectional report
dated March 21, 1988.
1. Proper hair restraint has o e worn at all times. If there is a
repeat of this violation i t e future a ticket will be issued.
2. Remove immediately.
- - 3. Repair or replace fihe brok n eiling light by May 2, 1988.
4. No smoking is allowed in a y ood preparation area. This practice
should be ceased immediate �y.
S. No personal articles are t b stored in the food preparation area.
Cease this practice immedi te y and instruct all employees as to the
proper place to store pers na articles.
6. This must be corrected imm di tely. Paper towels are to be provided
at hand sinks at all times
7. A paper towel dispenser wi 1 ave to be installed by May 2, 1988.
8. The items referred to must be cleaned on a regular basis.,
9. Paper towels must be provi ed at hand sinks at all times.
The next regular scheduled inspecti n ill be on or after May 2, 1988. If
you have any problems with complian e r any questions, please call either
myself or the district inspector be or this date.
Yours truly,
.: ; ' �
• A,',t,l.lc�:'.� � . c7tt� ,_i, .
� William F. Gunther
Environmental Program Manager
WFG/ms
c: Ward Harkness •
Environmental Health Specialist
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STA E F M I N N ESOTA
OFFICE O A MINISTRATIVE HEARINGS
FIFTH F OOR FLOUR EXCHANGE BUILDING RECE(VEa �
10 F URTH AVENUE SOUTH
MI NEA OLIS,MINNESOTA 55415 �O � ���
(612)341•7600
Ma ch 2, 1989
CITY CLE�ti�
St. Paul City Council
Attn: Albert B. Olson, City C1 rk
386 City Hall
St. Paul, Minnesota 55102
' Re: In the 'datt2r of tne Restau an License of So S. Suh, d/b/a i�akoyah
Japanese ;'.estaurant; OAIi Do ke No. 62-2101-2973-6.
Dear Mr. Olson:
Enclosed are the duplicate ta s of the hearing in the above-referen
matter which was held on Febru ry 8, 1989. The official record was retu
to you on February 23.
Sincerely,
�,,� �.C,/)'1C,C�,'2�.c�l-.� •�-�` r
SANDRA A. HAVEN
Office Services Supe
Telephone: 612/3
sh
Encs.
\ AN E U OPPORTUNITY EMPL