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00-32Su�S�(ITu�G — ��lal c�rd, i�mev��ec` RESOLUTION CITY OF SA�NT PAUL, MINNESOTA Presented By Referred To WHEREAS, the Office of License, Inspections and Environmental Protection began adverse action against the Restaurant - B license held by Hardee's Food Systems, Inc., d/bla Hardee's of Midway for the premises located at 369 Hamline Avenue North for chronic sanitation and health issues; and 2 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Council File # (7� — � � CneenSheet# lCYJ3 ' i � �� i� e - �� WHEREAS, the licensee did not contest the facts stated in the Notice of Violation, but the premises had been cleaned up and the district manager indicated that there was a new manager at the time of the most recent inspection; now, therefore, be it RESOLVED, that the Restaurant - B license held by Hardee's Food Systems, Inc. dib/a Hardee's of Midway, for the premises at 369 Hamline Avenue North is hereby suspended for a period of 30 days, said suspension stayed for a period of 18 months on the following conditions: 1) That the restaurant be maintained in a clean and sanitary condition at al1 times. The Office of LIEP shall inspect the restaurant at least monthly during the 18-month period and Hardee's of Midway must receive a satisfactory score during each of said inspections. If the licensee receives an unsatisfactory score (three or more critical violations � e , they shall be entitled to a hearing to challenge the results of the inspection prior to revocation of the stay of the suspension above. However, nothing herein sha11 be deemed to prevent the Office of LIEP from implementing an emergency closure pursuant to Saint Paul Legislative Code §331.06. 2) That the district manager must notify LIEP of any change in the on-site management within tw l�usiness days. �� o�000 3) Tt�at the licensee pay a fine of $59 .9�Cdt�Yto be paid to the Office of LIEP within thirry days of the passage and approval of this resolution. ��j tl� j Oo-3a 2 Tlus resolution and the action taken are based upon the facts contained in the Norice of Violarion 3 letter dated December 2, 1999 and such arguments as may have been presented to Council at the 4 public hearing. Requested by Department of: ay: Apps By: By: Form Appr v d by City Attorney BY: , J� f-12-Zvoo Approved by Mayor for Sub�' sion to Council By: Adopted by Council: Date QM �� oC�� Adoption Certified by Council ecretary 00-3�. �� William Gunther 2000 - P. wrt TOTAI � OF StGNATURE PAGES GREEN SHEET ,�.�� No 1 v ��77 ❑ anwnauer ❑ Crtraauc ❑ wuxNLaFRrwcsooe. ❑ n�wau.aomKero ❑ WYORI�YOT4if) ❑ {CIiP ALL LOCATIONS FOR SIGNATURE) Resolution concerning adverse action against all licenses held by Hardee's Food Systems, Inc., dba Hardee`s o£ Midway, 369 Hamline Avenue North. (UnconCested) PLANNING CAMMISSION CIB CAMMITTEE GVIL SERVICE COMMISSION IF APPROVED OF TRANSACTION f SOURCE (FJ(PLAIN) Fles il�s persmKrtn everv�o'ked under a cot�tlaCtfafthis departmetlY7 vES NO Has tlws P�derm eMer been a dlv dnobfree4 YES NO Doea this DeisoNfirm D� a sldll not riormal�YDOSSessetl bY any arrent citY emPbY� YES NO le Mia peieaNfirm atarpeted venda(t VES NO COST/itEVQJUE BUD6E7ED (dRCLE ON� ACTNITY NWABER YE5 NO V Council File # 00 - 3'3. RESOLUTION Presented B; Refened To Green Sheet # _1gp�e� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VJF�REAS, the Office of License, Inspections and Environxnental rotection began adverse action against the Restaurant - B license held by Hazdee's Foo ystems, Inc., dlb/a Hardee's of Midway for the premises located at 369 Hamline Avenue orth for chronic sanitation and health issues; and WHEREAS, the licensee did not contest the facts state in the I3otice of Violation, but the premises had been cleaned up and the district manager ' icated that there was a new manager at the time of the most recent inspection; now, refore, be it RESOLVED, that the Restaurant - B license d by Hardee's Food Systems, Inc. dlbfa Hardee's of Midway, for the premises at 369 Haml' e Avenue North is hereby suspended far a period of 30 days, said suspension stayed for a p od of 18 months on the following conditions 1) That the restaurant be mainta ed in a clean and sanitary condition at all times. The Office of EP shall inspect the restaurant at least monthly during the 18- nth period and Hardee's of Midway must receive a satisfactory s te during each of said inspections. 2) That the district ager must norify LIEP of any change in the on-site manage ent within two bus'vness days. 3) That the li nsee pay a fine of $500.00, to be paid to the Office of LIEP wi in thiriy days of the passage and approval of this 1 2 3 4 0�-3� This resolution and the action taken are based upon the facts contained in the Notice of Violarion letter dated December 2, 1999 and such azguments as may have been presented to Council at the public hearing. Adopted by Council, Date Adoption Certifi�d by Council Secretary BY: Approved by Mayor: Date Requested by Department of: $Y: �f ��QFG� Form Approved by City Attorney sy: '(/ ✓ � Approved by Mayor for Submission to Council Hy: By: OFFICE OF TFIE CITY ATTORNEY ' Clayton M. Rodiruan, Jt, City Attoarey �� `� � CITY OF SA1NT PAUL Norm Coleman, Mayor December 29, 1999 Civil Division 400 City Ha11 Telephone: 651266-8710 IS West Kellogg Blvd Facsimile: 65I 298-5619 Saint Paul, Minnesota 5�102 NOTICE OF COUNCIL MEETING GoLkr��i �esea°Uh �en'�r Owner/Manager Hardee's of Midway � � � � � ; �� 369 Hamline Avenue North Saint Paul, Minnesota 55104 RE: Ail licenses heid by Hazdee's Food Systems, Inc., d/b/a Hardee's of Midway for the premises located at 369 Hamline Ave. N. in St. Paul License ID No.:17430 Dear SirlMadam: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, January 12, 2000 in the City Council Chambers, Third Floor, Saint Paul City Ha11 and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the violation of sanitation and health codes have not been denied. You will have an opportunity at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. If you have any qixestions, please ca11 me at 266-8710. Very truly yours, �� Virgmia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Christopher Dart, Community Organizer, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paui, MN 55104 ; � ��_ 3 � 3�► January 12, 2000, City Council Action Minutes 30. � Page 6 Resolution - 00-32 - Conceming adverse action against all licenses held by Hardee's Food Systems, Inc., dba Hardee's of Midway, 369 Hamline Avenue North. Subsritute introduced, amended and adopt eas - 7 Nays - 0 (The O�ce of License, Inspectio and Env�ron al Protection was requested to provide a report to the Counc' on July 11, 2001, reg rding their inspections of sanitary and health conditions at this abtishment) 31. Resolurion - 00-33 - Conceming adverse action against the Malt Off-Sale Liquor License held by Paul Kamp, dba Kamp's, 1059 Westem Avenue North. (Uncontested) Adopted as amended Yeas - 7 Nays - 0 32. Resolution - 00-34 - Concerning adverse action against the Auto Body Repair Garage License held by Steve's.Auto Body, 1196 7th Street East. (i3ncontested) Adopted as amended Ye�s - 7 Nays - 0 33. Resolution - 00-35 - Endorsing the West Side Flats Development Strategy as the overail vision for the area between Robert Street, Wabasha Street, Plato Boulevazd, and the Mississippi River. Adopted Yeas - 7 Nays - 0 34. Resolution - 99-999 - Ordering the owner to remove or repair the building at 559 Lawson Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Ofticer recommends the owner be givea six months to rehabilitate the building provided a$2,000 bond is posted by noon February 16, 2000) (Laid over from October 13, 1999) Adopted as amended (per recommendation of the Legislative Hearin� Officer) Yeas - 7 Nays - 0 35. Resolution - 00-14 - Ordering the owner to remove or repair the buiiding at 762 Lafond Avenue within fifteen (15) days from adoption of resolution. (Legisiative Hearing Officer recommends allowing the owner six months to complete rehabilitation provided a $2,000.00 bond is posted, a code compliance inspection is comQleted, and the vacant building fee is paid by noon on January 5, 2000) (Laid over from January 5) Adopted (Remove or repair within 15 days) Yeas - 7 Nays - 0 36. Appeal of Richazd Brown to a Summary Abatement Order for property at 1763 Thomas Avenue. (No action required; the abatement order was withdrawn as the property is in compliance.) No action required �b Page 1 of 4 CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: July 11, 20Q1 TO: William F. Gunther, Environmental Health Program Director FROM: Fong Lor, Environmental Health Specialist II. �� RE: Hazdee's of Midway 369 Hamline AveN. St. Paul, MN. 55104-4007 HISTORY 2001 07i10101 A monthly routine full inspection was conducted and found nine (9) violations, of which one (1) was considered critical. It was the pop dispensing nozzle soiled. Manager met on site was Katherine Fox. 06/20lO1 A monthly routine full inspection was conducted. There were five (5) violations, of which one (1) was considered critical. It was the inside top of the microwave oven was food soiled. Manager met on site was Chris Ambe. OS/09/01 A monthly routine full inspection was conducted and found six (6) violations. There was one (1) violation considered to critical. That was the leaky drain line behind the pop dispenser and ice bin. Manager met on site was Chris Ambe 04l10/Ol A monthly full inspection was conducted and there were nine (9) violations found. There were three (3) violations considered to be critical such as leaky faucet of the 3-compartment sink, temperahue of diary cooler was 44.2°F. and low sanitizer concentration in buckets and in the 3-compartment sink (2"� notice). Manager met on site was Katherine Fox. 03I20I01 A monthly full inspection was conducted. There were nine (9) violations, of which one (1) was considered critical. Manager met on site was Katherine Fox. Page 2 of 4 02/14/Ol A monthly routine full inspection was conducted and found two (2) violations, of which none was critical. Manager met on site was Chris Ambe. O1/22/Ol A fixil inspecrion was conducted as the result of complaint of possibte food bome illness. There were six (6) violations, of which none cons�dered critical. Complaint was unable to verify. Manager met on site was Chris Ambe. HISTORY 2000 12/27/00 A monthly inspection was conducted and found ten (10) violations. There were three (3) violations considered to be critical. They were soiled pop dispensing nozzles, dtinlcnig open cup in food pTeparation area and bottom of prep cooler soiled (2"' notice}. Manager met on site was Chris Ambe. 11/17/00 A ful] inspection was conducted as the result of a possible food bome illness and found six (6) violations, of which four (4) were considered criticai. They were spray bottle of toxic chemical without label, no sanitizer detected in sanitizer bucket, soiled bottom of food prepazation cooler, and temperature of spicy chicken was at 123.4°F. Complaint was unable to verify. Manager met on site was Glenn Levine. 10/OS/00 A full inspection was conducted to determine the reopening of the establishment after a four (4) days voluntary closure, The inspection found one (1) non-critical violation. The establishment was approved by Steve Roy, Acting Supervisor, to open. Managers met on site were Mike Rubner and Dan Zeliff et. al. 10/03/00 A partial inspection was conducted as the result of the voluntary closure to look at construction and remodeling progress. A list of repair items was issued. Previous orders were not reviewed in this inspection. Met with construction supervisor, John and Hazdee's QA, Mike Rubner. 09/19/00 A monthly full inspection was conducted and found nine (9) violations, of which two (2) were considered critical. They were soiled pop dispensing nozzles and soiled bottom and wall of prepazation cooler (7"' notices), unable to review because doors were nailed in with screws. Manager met on site were Glenn Levine, et a1. 08/21/00 A monthly full inspection was conducted found fifteen (15} violations, of which five (5) were considered critical. They were leaky drain of 3-compartment sink, no sanitizer detected in sanitizer bucket (2nd norice), unable to review because no bucket used, unproper back-IIow prevention device for constant pressurized spray nozzte, food soited of inside top of micrawave oven and soiled 'mside wall and bottom af food preparation cooler (7`� notices). Manager met on site was John p o-3 a- Page 3 of 4 Ybarra. 08/18/00 A letter from Hardee's Food System, Inc., Thomas W. Steed, III, Vice President/Assistant General Counsei responding to the Notice of Violation letter from the City Attomey's Office. See attached copy. 08l07/00 A Notice of Violation was sent to Hazdee's Food System, Inc. regarding the inspection reports 6/28/00 and 7/24(00. The Notice was to recommend to the City Council that the stay of the 30-day suspension of the license be revoked. See attached copy. 07f24(00 A fuli inspection was conducted as the result of a complaint about sanitary condition of the drive through window. The inspection found eighteen (18) non- critical and five (5) critical violations. Critical violations were toxiclpoisonous chemical stored above food preparation sink (2"d notice), ice scoop handle buried in ice (2nd notice), no sanitizer detected in sanitizer solution bucket, meat at room temperature (69°F) and soiled inside wa11 and bottom of food prep cooler (6`n notices). Manager met on site was James Hall. This is the second inspection that found this establishment has tt�ee (3) or more critical violations which is in violation of the City Council Resolution. These reports were submitted to the City Attorney's Office for further enforcement action. In addition, citation was issued for failure to clean and maintain food equipment on sixth notices and employ a certified food manager on eighteenth notices. 06/28J00 A monthly full inspecrion was conducted and found eighteen (18) non-critical and three (3) critical violations. Critical violations were toxiclpoisonous chemical stored above food prepazation sink, leaky drain of the 3-compartment sink and soiled inside wall and bottom of food prep cooler (5`� notices). Manager met on site was Alfonso Sevilla. 05/22/00 A monthly fiili inspection was conducted and found eighteen (18) violations, of which two (2) were considered critical. They were soiled pop dispensing nozzles and soiled inside wall and bottom of food prep cooler (4`h notices). Manager met on site was Alfonso Seviila. 04I28I00 A monthly routine inspection was conducted and found nine (9) violations, of which one {1} was considered critical. It was no saniti2er detected in sanitizer solution bucket. Managers met on site were Alfonso Sevilla and Brad Smith. 03(23(00 A monthly routine inspection was conducted and found seventeen (17) violations, of which two (2) were considered critical. They were toxiclpoisonous chemical without labei and inside top of microwave oven soiled (8`� notices). Manager met on site was Alfonso Sevilla. 1 Page 4 of 4 02/03/00 A monthly routine inspection was conducted and found fifteen (15) violarions, of which three (3) were considered critical. They were no certified food manager (13`� notices) and roast beef at 1273°F. Manager met on site was Dwyane Beene. Ol/10/00 A partial re-inspection was conducted as the result of a Management Review of the establishment. There were five (5) violations, of which two (2) was considered critical. They were the inside top of the microwave oven was food soiled and no certified food manager (12`� notices). CITY OF SAINT PAUL Norm Colentan,Mayor .' INSPEeTIONREPORT fIARDEE'S OF MIDWAY CHRIS AN1BE 369 fIAMLINE AVE N ST PALJL MN 55104-4007 OFFICE OF LICENSE, INSPEC7IONS AND V(/ �� C ENVIItONNiENTAL PRO'C6CTION Roger Curlis, Direcror LOWRYPROFESSIONAL BUILDINC Telephone; 651-2669090 350 St Peter Slreet, Suite 3Q0 Facsimife: 651-2669099 Saint Pmel,Minnuoia SSIO�ISIO 651-2669124 We6SiteAddress: mvw.ci.stpaul.mn.usJtiep Inspection Type: Restaurant Inspection Inspection: 01211537 Inspection Date: 7uly 10, 2001 Contact Person: KATT-�RINE FOX Inspection results for: This inspection was the result of a review of your establishmenUproperty, An inspection of your facility found the following deficiencies. Please make the required corrections on or before the compliance date(s) indicated. If any of the corrections require changes to the physical structure, building permits may be required. Your establishment is subject to inspection at any time. DISH AREA Equipment is in disrepair. DOOR GASKET OF FREEZER. All equipment and components must be in good repair, maintained and adjusted in accordance with manufacturer's specifications and/or complies with NSF Intemational Standazds. (MN 4626.0735) Comply by: 03/28/2001 Severity: NonCritical FRONT COUNTER Notice #: 5 Food contact surfaces are soiled. POP DISPENSING NOZZLE AT DRIVE THROUGH WINDOW Ciean and sanitize food contact surfaces of equipment and utensils: 1. before each use with a different type of raw animal food; 2. each time there is a change from working with raw foods to working with ready to eat foods; 3. between uses with raw fiuits and vegetables and potentially hazardous foods; 4. before using or storing a food temperature measuring device; 5. at any time during the operation when contamination may have occurred. (MN 4626.0845) CORRECTED DURING INSPECTION Comply by: 07f llf2001 Severity: Critical FRONT COUNTER Notice #: 1 Improper dispensing of single service items and/or multi-use utensils. CUP COVERS ARE LEFT ON COUNTER TOP INSIDE UP. Dispense singie-service items in a sanitary manner so that surfaces that come into contact with food or the mouth aze protected from contamination and handles are presented to the user. (MN 4626.0965) Comply by: 07/12/2001 Notice #: 1 Severity: NonCritical Page 1 GENERAL Intake and exhaust air ducts or filters aze not clean. VENT COVERS ARE DUSTY Clean and maintain all intake, a�aust and air ducts including a11 fxtures, vent covers, and intake vents. Change filters as needed so they aze not a source of contamination. (MN 4626.1530) Comply by_ 07/17/2001 Notice #: 1 Severity: NonCritical KITCHEN The non food-contact surfaces of cooking equipment aze soiled. BOTTOM OF PREP COOLER Clean a11 non-food-contact surfaces of equipment at a frequency necessaty to preclude accumulation of soil residues. (MN 4626.0855) Comply by: 07/17/2001 Notice #: ] Severity: NonCrirical KITCHEN The floors, waAs or ceilings are not being cIeaned and maintained. WALL AND FLOOR BEHIND GRILL. Clean and maintain the floor under all equipment. (MN 4626.1520) Comply by: 07/13/2001 Notice #: 1 Severity: NonCritical KITCHEN Wiping cloths aze not being properly stored or used. WET WIPING CLOTH STORED ON TOP OF CHEST FREEZER Store wiping cloths clean and dry ar in an approved sanitizing solurion of 50 to 200 ppm chlorine or equivalent. A concentration of 100 to 200 ppm is recommended. (MN 4626A285) Comply by: 07/11/2001 Notice #: t Severity: NonCritical KITCHEN Equipment is in disrepair. GAP EETVJEEN WALL AND HAND SINK AT FRONT. Ail equipment anc3 components must be in good repair, maintained and adjusted in accordance with manufacturer's specifications and/or complies with NSF International Standazds. (MN 4626.0735) SEAL HAND SINK TO WALL. Comply by: 07/17/2001 Notice #: 1 Severity: NonCritical MOP SINK AREA Openings around ufility lines are present . AROUND PLUM$ING THROUGH FLOOR. Properly seal off and finish openings where plumbing, electrical or other utility service lines and pipes go throngh the floor. Silicone caulk is recommended. (NIN 4626.1340) Comply by: 07/24/2001 Notice #: 1 Severity: NonCritical Pa�e 2 CRITICAL DEFICIENCIBS: Deficiencies with a Severity of CRITICAL are MORE LIKELY to contribute to food confamination, illness, or environmental degradation. O Q� 3 a NONCRITICAL DEFICIENCIES: Deficiencies with a Severity of NONCRITICAL aze LESS LIKELY to contribute to food contamination, illness, or environmental degradation. ALTERATIONS: Before an existing establishment is altered, detailed drawings and equipment specifications must be submitted and approved by this office. THIS MUST BE DONE BBFORE CONSTRUCTION BEGINS. CHANGE OF OWNER OR MANAGEMENT: Before a change in ownership or management, this establishment must be brought into total compliance with the Saint Paul Food Code. An evaluation must be made by this o�ce to determine if remodeling or equipment changes are necessary before the required transfer can be approved. EQLTIPMENT INSTALLATION: All newly installed equipment must be NSF approved or equivalent. Contact this office for fiirther information. If you think these orders are issued in error you may appeal their interpretation to the City's Legislative Hearing Officer by contacting the City Clerk @(651}266-8984 and paying a fee of $25.00. The Legislative Hearing Officer CAN NOT waive the requirements of the Building, Honsing, or Heaith Code; but he or she can make recommendations to the City Council concerning LIEP's interpretation and application of the vazious codes. Appeals must be filed within 1� days of receipt of this written notice. If you have any quesfions regazding this inspection, feel free to call the inspector @:651-266-9098 Fong Lor R.S. Environme�l eaith Specialist Copy to: HARDEES FOOD SYSTEMS INC HARDEE'S FOOD SYSTEMS INC. (STEVE WEIFFENSACH) HARDEE'S OF MIDWAX (HIMBERLY A. RHODE) 1� ate Page 3 00-3 a OFFICE OF THE CITY ATTOR,tiEY Clnyran,N. Robinson. Jr,. Ciry'dtto�ney CITY OP SANT PAUL �Yorm Colemnn. ,Nay�or E�ll�PllSI 7� �� Owner/Nlanager Hardee's Food System, Inc. Hardee's ofMidway 369 Hamline Avenue North Saint Paul, tiN �5104 Civit Division 400 Ciry Hall 15 Wut iCe!lagg Blvd. Snint Pau{ .bfinnuora J�/0? tiOTICE OF VIOLATIO�T Tele?hone: 65! 26G87I0 Facsimile: 651 298-56! 9 RE: Restaurant -B license heid by Hardee's Food Systems, Inc., dlb/a Hazdee's of Midway, for the premises located at 369 Hamline Avenue North in Saint Paul - L'acense IA #: 0017430 Dear Sir�adam: On January 12, 2000, the Saint Paul City Council imposed adverse action a�ainst the Restaurant B license held by Hardee's Food Systems, Inc., d/b/a Hardee's of Midway, for the premises located at 369 Hamiine Avenue North in Saint Paul. Part of the adverse action included a 30-day iicense suspension, which was stayed for a period of eighteen months on three conditions, one of which was that the premises wouid be inspected at least monthly during that 18-month period, and that the stay of the suspension could be revoked if the establishment had an unsatisfactory score, defined as three or more criticai violations. On June 28, 2000, the inspection showed rivenry-two (22) violations, of which three were considered critical. On July 24, 2000, the inspection sho�ved twenty-seven (27) violations, of which five were considered critical. Because the inspections aze showing unsatisfactory scores, the Office of License, Inspections and Environmental Protection will be recommending to the City Council that the stay of the 30-day suspension of the Restaurant-B license be revoked. You are entitled to a hearing to contest the determination that you received an. unsatisfactory score. If you wish to have a hearing, you should send me a statement in writin� that you wish to contest the determination that you had unsatisfactory inspections in .Tune and July. If you wish to admit the fact that your inspections resulted in unsatisfac[ory scores, you may send a statement indicatin� that you aze willin� to �o to a public hearing before the Saint Paul City Council to azgue the appropriate penalty. Please contact me no later than Au�ust 21, 2000 to let me know how you wish to proceed. If I have not heard from you by that date, I will Hardee's of Midway August 7, Z000 Pa�e 2 assume that you are not contestin� the fact that you have received ansatisfactory scores on your most recent inspections, and will schedule the matter before the Saint Paul City-CounciI to request the revocation of the stay of suspension of your Restaurant -B license. Please feel free to contact me if you have aay questions about this matter. Sincerely, Ui �� Vir�irua D. Palmer Assistant Ciry Attomey cc: Robert Kessler, Duector of LIEP Christine Rozek, Deputy Director of LIEP Fbi a l,oY, Environmental Heat[h Specialist Neil Buethe, $ri�gs & Morgan, 2200 ln Narional Bank Buildin�, Saint Paul, MN 55101 AUG. 18. �C00 5:07FM HA�DEiS LEGAL t'I�rde¢ro Hazdee's Food Systems, Inc. Legal Aepartment 1233 Hazdee's Blvd. Rocky Mount, NC 27804 FAX COVER SHEET PLEASE DELNER THE FOLLOWING PAGES T0: NA��IE: Ms. Uirginia Palmer LOCATION: Civil D1vLsion PAX NUMBER: 651-298-5619 RE: M1d-Way DATE: August 18, 2000 TIME: 4:58 PM V0.4077 P. 1 �b-3 � TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: W�t+k�Y+t#��F####•i�k#rt*�i#tA#fi}rtW+;k###+FM�Fbwr+R*8*#+Mr*#ktt##R*wk4##fi4�Rerwi«#+F#�R�A*�trt t#YY+tMMti�tYt#�F�+F F120M: Thomas W. Steed, III, Vice PresidenVAssistant General Counsel PHONE NUMBER: (252) 450•8914 FAX NUMBER: (252) 450-8655 , IF YOU DO rOT RECEIVE ALL TFiE PAGES OR HA'VE ANY PROBLEM WITH THIS TR.4PISMISSION, PLEASE CAI.L Tina Flawers at (252) 450-5408.. COMMENTS: THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL Olt ENTITY TO WHICH TT IS ADDRESSED. IT MAY CONTAIN PRNTLEGED, CONFIDENTZAL, ATTORi�1EY WORK PRODUCT, OR TRaDE SECRET INFORMATION 'WHICH IS EXEMPT FROM llISCL05URE UNDER APPLIC.ABLE LAWS. ff YOU ARE NOT THE INI'ENDED RECIPIENT, OR AN EMPLOYEE OR AGENT RESPONSIBLE FOR DELNERING THE i�1ESSAGE TO THL INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT AN'Y DISSENIINATION, DISTRTBUTION, OR COPYING OF THIS MESSAGE I5 STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS vfESSAGE IP I ERROR, PLEASE NOTIFY US IIvMEDIATELY BY TELEPHONE AND RETUR�t THE ORIGINAL i�1ESSAGE ( AND ALL COPIES) TO US BY MAIL AI' THE aBOVE ADDRESS. W� W1I.L REIMBURSE YOU FOR POSTAGE. „� ,,. . ,. _..,... a�s. ia �soo =:oapY� x�RCE�s ��c�� '� 1 ��• .� = Y AS�osiCiery�1C1(ERESTAUAANTS.INC. Ms. Virginia Palmer August 15, 2000 Civil Di�ision 400 City Hall 15 West Kellogg B1vd. Saint Paul, MN 55102 Deaz Ms, Palmer, Y0. ap17 P. 2 Thank you for taking the time to talk witfi me. I am responding to tfie Notice of Viola�on letter you send on August 7, 2000. Based on our current informatian, we do not have grounds to contest the determination that the Fiazdee's of Mid�vay hari unsatisfactory inspecrions in June and Ju1y. However, we are looking into the particulazs regazding the reporu and at a minimum want to preserve all rights to a public heazing before the City Council to explain the situation and azgue the appropriate penalty. Our main objective, howevez, is to provide you with information that can resolve the problem now and without council action. I am the Director of Quatity Assurance for Aardee's Food Systems, Inc. T am located at our corporate office in North Cazolina. It is my responsibilicy to work with our restaurants' management and regulatory agencies to assure food safety, product quality and regulatory compiiance. We have recently employed a staff of field penonnel to coaduct regulazly scheduled and unannounced food safety and quality audits in all of ovr restaurants. 7he siruation at the Midway unit was immediaiely brought to my attention. wiil continue to stay involved with the issues there until that restaurant is meeting the requirements ofthe city of Saint Paul as well as the standazds that are Tequired of all Hazdee's restanrants. The restaurant is currently operating under a stay of suspension. Your lecter informed as that inspections in June and 3uly failed to meet the requirements to continue operaiing under the stay agreement. Unfortunately, the curzent management in charge of that restaurant was not avrare of those violations or even that the resiaurdnt was operating under a stay ageemenL I want to take this opportunity to explain how this occurred. This restaurant had not been meeting Fiardee's sfandazds for some time. Therefore, the entire management team that was previously invoived with the operarion of the Midway restaurant has been replaced. We have assigned a new Regional Director of Opezaaons and 6cought in a new District Manager, General Manager and Facilities Manager. As you and I discussed, it seems that management has been the main problem with the operation of this restauiant. It is our belief that this new team can turn things azound at Hazdee's of �Iidway. RUG-19-2000 16�e3 �EZ P•� � �UG. (8. "[LG� 5:�9Fht i�ARDcES LEG�L VC. i077 P. 3 00-3 � I would like to explain why we aze confident this team is different from the previous Management, Prior to this team taking over, this region ranked at the bottom of our puformance rankings. They aze cunendy ranked second out of our fiftern regions for all financial objecrives. They have already tumed IS of the 20 restaurants in the'u Region azound. Mosi imperrancly, this region will no longer be managed remotely by a person in Wisconsin. Dan Zeliff is the new Regional D'uector oi Operarions. Dan, his wi£e and five children live in the local community and relocated to the region a littie ovec ninety days ago from a proven region in the state of Alabama. Upon Dan's arrival his fixst t�sk was to staff the stores in the 4linnesota region. Only fourteen of the twenty stores had a Genezal Manager. Dan immediately, at greac expense, brought expeiienced managess from afl ovez the country to assist with the issues here. Duzing this timeframe Dan was able to recruit, hize and develop a manager foz evezy location. IJnfortunatefy, before Dan could place a qualified manager into Hazdee's of Midway the outside managers were called back to supezvise their regulazly assigned restaurants. Finally, on August 7`" Dan was able to staff every locarion utilizing his new management and placing a proven General Manager, Glenn Levine, into the Midway location. Glenn immediately terminated the remainder of the staff for disciplinazy reasons. With this new staff and in just one week the store increased sales by twenty percent. We believe he is well on his way to bringing this restaurant back up to the standuds expected for all Hardee's restaurants. Dan was also able to place a proven District Manager over the Midway location by relocating him and his two children from AJabama to the Minnesota azea. He also, at great expense, relocated a Faciliries Technician to assist in addressing the facility issues as well. All the outside support from other proven azeas of the country aze now permanentIy (ocated an the state of Minnesota to continue the progress in this state. Regarding the 7une and July inspections, I am confident that all of the de5ciencies noted either have been or aze beiug cortected. We aze confident these changes will assure immediate and conrinued positive changes for the Midway location. We hope the City of Saint Paul agrees and wi11 consider allowing the restautant io concinue operating under the stay agrezment. We would therefore request the opportuniry for Ban and me to visit wit4i you and the appzopriate pezsonnel from the Office of License, Inspeetions and Environmental Pzotection to discuss a possible altemative to revoking the stay of suspension? n� v- . n .-nnn . � . �� n n� AUG. (2, rC00 6:lOP�i HARDE�S LeGAL `!4 4097 P, d � Thank you very much for your assistance with this matter. If you have any questions or require additional information please call either me at (252) 450-8606 or Dan Zeliff at (612) 758-9236. In any event, I will contact you on Monday to discuss the options. Sincerely, Hardee's Food Systems, Inc. �� / l• ��-� Steve Wei£"ienbach Direc2or of Quality Assurance �� Daniet Ze(iff Re�ional Director of Operatioris Cc: Noah Griggs Bob Stazke Dan Zeliff Tom Steed t LeRoy Russ Neal Buethe Fu�-ie-ze2e i6:za sr� P.e4 UNCONTESTED LICENSE MATTER oo -3 a- Licensee Name: Hardee's Food Systems, Inc., d/b/a Hardee's of Midway Add ress: Council Date: Violation: Date of Violation: Place: 369 Hamline Avenue North January 12, 2000 Violation of Sanitation and Health Codes September 30, 1999 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 30 day suspension of license, stayed for 18 months on conditions: 1. restaurant be maintained in a clean and sanitary condition - monthly inspections during 18 month stay must each receive a satisfactory score; 2. Hardee's district manager must notify LIEP of any change in on-site management within 2 business days; 3. pay a fine of $500.00 within 30 days of passage and approval of the resolution. Attachments: 1. Proposed resolution 2. 12/16/99 letter to Hardee's District Supervisor 3. 12/2/99 Notice of Violation 4. License Information Report 5. 9/30/99 Inspection Report 6. Inspection History 7. License information CIT'Y OF S�INT PAUL Norm Colemarz, Mayor December 16, 1999 Bill Herdzina District Supervisor, Hazdee's 6231 169"' Lane North Ramsey, MN 55303 RE: Hardee's of Midway Deaz Mr. Herdzina: OFFICE OF TI� CITY ATTORNEY Clayton M. Robinson, Jr., Ciry Anorrsey �0-3�- Civi1 Division 400Ci1yHal1 Telephone:651266-8i10 1 S l4est Kellogg Blvd Focsimile: 651 298-5619 Sain1 Pau1, �Lfinnesota Si102 I am enclosing a Notice of Violation dated November 2, 1999 which was sent to the ownerfmanager of the Hazdee's of Midway, regarding adverse action against the licenses held by Hazdee's Food Systems, Inc. for the Hazdee's at 369 Hamline Avenue North in Saint Paul. I received no response to this Notice of Violation by December 13, 1999, the deadline set forth in the letter, and the matter is going to be scheduled before the Saint Paul Ciry Councii as uncontested. Today I was informed by Steven Roy of the Office of LIEP that you had appeared at a management review regazding this facility. I am sending you the enclosed paperwork in case you were not provided with a copy of this correspondence by the manager on Iocation. If this is something that you wish to discuss, please feel free to contact me at (651) 266-8710. Sincerely, �/�� Virginia D. Palmer Assistant City Attomey OFFIC£ 1'HE CITY ATTORNEY Cloylon M. ..,aiuon, Ja, CiryAnorney a O�'3 G1, CITY OF SAINT pALTI, Norm Colemn CivilDivision �4 Mayar 400 CiryXa11 Telephone,- 6S7 266-8710 ISiYestKe!loggB7vd Facsimile:6571g8-S679 Sainl Paul, Hfinnesota 55102 i December 2, 1999 NOTICE OF VIOLATION Owner/Manager Hardee's of Midway 369 Hamline Avenue North Saint Paul, Minnesota 55104 RE: All licenses held by Hardee's Food Systems, Inc., d1b{a Hardee's of Midway for the premises located at 369 Hamline Ave.1V. in St. Paul License ID No.:17430 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Hazdee's Food Systems, Inc. d/b/a Hazdee's of Midway, for the premises located at 369 Hamline Avenue North. The basis for the adverse action is as follows: On September 30,1999 an insQecfion was done of the premises in response to a complaint by a customer that the restrooms were filthy and employees were out back smoking. The investigation found evidence of a filthy toilet in the women's restroom, coated with feces, and found no disposable towels in the men's room, nor was the hand drying device in working order. There were forty-four violation orders issued, and the fotal score for the facility was a 53. A number of the violations were health or sanitation related, including failure to fiave sanitizers used for wiping food preparafion surfaces, employees coming back from break without washing hands prior to preparing and serving foods, and maintaining foods at improper temperatures. This is the fifth inspection since April of 1998, all of them conducted as a result of receiving compiaints that the establishment was generally filthy. Page 2 Hazdee's of Midway December 2, 1999 Saint Paul Legislative Code §310,06(b)(� pe�ifs adverse acfion to be taken against a licensee when the "activities of tlze licensee in the ticensed activify created or have created a serious danger to tlze public health, safety or welfare, or the licensee performs or has performeri lzis or Jier work or activtty in ¢n unsafe manner" and §310.06(b)(8) permits adverse action to be taken when the "licensed business, or tl:e way in wlzich such business is operated, maintains or permits conditions tlzat unreasonably annoy, injure or endanger the safety, health, marals, comfort or repose of any considerabte number of members of the pubfic." The history of unsanitary conditions at this restaurant and the most recent a safety risk to and endanger the health of the public. 00-3�- If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. I'ou will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Heazin„" so you will know when and where to appear, and what the basis for the hearing will be. In either case, please let me know in writing no later than Monday, December 13,1999, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attomey call me at 266-8? 10. Sincerely, �u�', � J�� Virgini�er Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Christopher Dart, Community Organizer, Lexington-Hamline Community Council, ll 60 Selby Ave., St. Paul, M1V 55104 oa-�a STATE OF MINNESOTA 1 ss. AFF2DAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 3, 1999, she served the atEached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Hardee's of Midway 369 Hamline Avenue North St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �1 _ � Cefl Subscribed and sworn to before me this 3rd day of Dec�be� PEfER P.PANGBORN Notary PUb11C � �y�„�yCq�.��res.lan.31�, 00 - ��. � IQ � f X V N � I r- N � � � �rn N U I� � J �N a iv O � t' c6 N C d N � C U c 0 J N w o � e � 0 w _ N v � J � � F'' E N � N a c U � �I N _Q OI N � �! N !� I T �I Z � � ro `o c a U s�- J � a ro 'it z > lJ.� N ? a`� ¢ 'a = v ¢ � O M � � 0 � � LL � Z L�! Q W m � � Q S '"� } � � I � p 0 Z � c W o W � � Q 2 �U c 3 V � � � m 0 � a c a E � Z U O a U C m 3 N _ � � m Z T� QI O U U m 7 � c � 9 E � Z N C N o �, '� M a N N � N ,� N � C U) �' m � _ � F�- � a � � n � � ;� I I � � 1 I ' � I I � I N O � O N la �o .� N L 7 I � I O Q OU iU� � O � I ='a � � 0 t, U a �' rn� � C r� o c � � � L 111 w� N � C � u � J m N •�- N � w N m y U � �a N Q y I� � �� @ �c 4 I.V �; J � � 0 M � 0 0 a m V z w ` ¢ I N Z '�6 � aa Q = O �� Q 0 � � LL � �z w �m � � Q 2 F } � 0 �� N O Z W o W L � m Q 2 � c iU I �I N M �� 1 ' � � a� I iQ X', W; Icl I i u � i�i A �Z I � T' IUi Oi a; {U c �': y� C; f� �' Z' T � N Q O U ° U c @i ��I '�i � n !� � Z d i0 � � � a N ;N � m v � � � m � � � �� N v I � O O O W � W � �� 2 � co N O � O � � � c 0 U N N N � � � R Q � OU U� 00 _ � W 0 � V a Z' rn =_°- � � � O C 3 00 -�3� �i f i �� i � i !i , �� 0 � X N W O � �O cv � o y � N � J � a v 0 � a � c O i7 R � � W d N C d t1 J y � @ N � � � _.1 4 � � w d � N � N Q. F m ,c N �p N N c�,6 U J � � a> m � i e� 3 � Z' �J� U r O � N 7 Z W Q N Z � J �g a ¢ 2 � ¢�o �� ch �n Q 0 � N �' � �Z W �Im Q 'L] Q � _ � � } � 0 O I� � � �� W c � o � �a ¢ _ .� G 7 U C N M � � N c6 � Q W � c L � s E � Z� U O a U � R 7 � � NI ZI _' m� Qi o� U� c �I � N C� � E 7 N C N O M t M a �„ y � a`�i �* C � Im � � � �F � � � Y� N O D> O N 7 a C O V f0 N � N > � (6 O ¢ � V U� 00 v � V a� �, a rn =° rnc N y O C 3 pa-3� CiCy of Saint Pau1 Of£ice o€ License, Insoections aad Environ-e.ta1 Protection 2nvironmental Health 350 St. Peter St., Suite 300 $di?tt Pclll� I✓�L�T 551�2-7.$3.0 iel: 612-266-9030 Fax: 612-266-9124 3STP_c£�SSF�SF31vi : P?,rONSO S3VZLL.A. FnRDE&'S O? MID'v7�Y 369 E?tN,*,Z*T' ;VB N ST. ?PU?, NN 5510?-c007 . '_uYrent Lice. se (s) : R3S^AL'?2F*IT i3} -MORn T"r_�N 12 SBATS Notice � 3 ihis inspection is the result of a com�laint regarding your facility. I£ you thir_k these �rders are issued in error you may appeal their interpretation to the City's Legislative � iearing Oificer by contacting the city Clerk (266-8989)and paying a fee of $25.00. The �egislative Hearing Officer CaN NOT waive the requirements of the Buildirg, Housing, or fiealth 7ode; but he or she can rake reco:nmendations to the City Council concerning LIEP's _nterpretation and application of trie variocs codes. Appeals must be filed within 10 days of :eceipt of this written notice. n insgection of your facility found the following deficiencies, Please make the equired corrections on or before the compliance dzte(s) indicated. If aay of the orrections require changes to the physical structure, building permits may be equired. Your establishment is subject to inspection at any time. �CK DOOR 1,) Ventilation system is not adeauate. VBNT CO�R IS MISSING, Repair or upgrade the ventilation system. Correct by: 10/14/99 Page 1 SNSPECT_OAT 036036 FOOCI f R25 �2llT�P_t Iasoectioa Date: 09/30/S9 E= OS962 - 1 =xRDES'S OF NIDivPY 369 N1=NL22vB : i7g N ST. PAUL N�7 SS10S-cC07 $rC{ P��P �1tZ?� oO -3� Page Z Food/restaurFat Insnection Date: 09J30/99 2.) �ust build up nrese^_t on fz.z cover. ��??v'T COV?�S AT THIS ?,OCATION, {iTCriBN P�7 Ai DIDiI?vG PR3A. Clean or repair Gnd mzzatain a11 £ixtures, vent covers, &nd iatake vents. Correct by: 1Of08/99 Notice n 8 DISH A^ti�A - 1 3.) Ice scoop is improperly stored. BU�2I3D IN IC5 INSID� Th� ICn N,AC:I?v3. - 1 Do not store ice scoop in ice making ;aachine bin unless it is in >n appzoved holder. Store ice scoops in the ice bin with handle up, or inverted outside the ice bin in a cle�n place or in an approved container. Ccrrect by: 09/30/99 Notice n 1 4.) I;nproper utensil being used to serve ice or food. A CONTAINnR (PITC33R7) IS BEING US3D FS SCOOP. Provide and use an approved scoop (with handle) to dispense food or ice. Do not use hands, glasses, paper cups, bowls, or other non-approved iter„s as a scoop. Correct by: 10/07/99 Notice � 1 5.) Ecuipment is in disrepair. DOOR GASI�T OF RBACH IN FREBZE�2, Repair or repZace to meeC National Sanitation Foundation (NSF) Standards. Correct by: 10/14/99 Notice � 1 6.) Eauipment is in disrepair and does not meet NSF standards. AOLES OR GAP ON WALL BETWBEN COVING TILES AND WALL ppNEy (RFP) AT DISH SIlv'K. � _ 2 - 1 Repair or replace equipment to meet ISational Sanitation Foundation (hSr) Standazds, or be approved by the Health Authority. Correct by: SOj30/99 Notice $ 6 . . iiPRDEE' S OF MIDWP.Y 369 HP1dLI1Gfi' AV� �T ST. PAUL NiN 55105-c007 7.� 'r.00dJfilters dII ductxork ^cVE arease c^d Q71'C cCCllRlll�.d�10II O'v^N Ai 3P_�CF.RY P_�:A ZS CLOGGc� u?. 00 - 3�-- Page 3 FoodJRestaur2.t Inspectioa Date: 09/30fy9 x'I?,Ta� A90'V:; cleaa the hood znd filters aad r„aintaia in a grease £ree condition. CorreCt by: 10/07/99 Notice $ 1 8. ) rre�zer hzs heavy frost bu_ld 11D. RF'�.CtI IN r�2ESZBR AT D3c.? r^Ry pSt:,,� Defrost the freezer(s) to allow proper funct±oning. Correct by: 10/07/99 Notice � 1 9.) There are unnecessary arCicles stored in the food establishment. TSA BRaWER SS SITSING ON TOP Oi TAB OVEN 2?�SIDE T'dE HOOD. Remove all unnecessary articles from the premises which are not pertinent to the current operation of this food establishment. Store rerainder of useable items at le�st 6 iaches off floor. Correct by: 10/07/99 Notice � 1 - 10.) Sllegal plumbing is present. DRAIN LI2T' Or 3-COMPARTMSNT SS2v'K IS LEPSQNG Al1 parts of the plumbing system must be installed in accordaace with the Minnesota Plumbing Code. Correct hy: 10/06/99 Notice '� 3 11.) No Zight shields present. Provide effective shielding or shatter resistanC bulbs £or all light fixtures in food or equipment handling and storage areas and provide end caps for fluorescent protective tubes. Correct by: 10/08/99 Notice � 3 � - 1 (- 1)* - 1 - 1 - 1 ��*zD�s � s oa tar�waY 369 HA[dLINS AV'� N ST. PAt7L I�T SS10S-�007 D��tIS TfiRU 60 - 3 �-- � c5e c Food/Restzurant Inspection Date: 09J30/99 12.) 2ce scoon is imoroperly stored. SC3 SCOOP 2S BLZiIBD 2N ICn. (_ i1� Do not stor= ±ce scoop ia ice m�king machine bin unless it is in az ' approved holder. Store ice scoops in the ice bin with haadle up, or inverted outside the ice bin in a clean place or in an approced container. Correct by: 09/30/99 S+otice � 1 13.) Improper dispensing of s_ngle sercice items, SINGL� US� CU?S PNil r3ENC3 FRY CONTA2!Qfi'RS. Dispense single service items in a sanitary m>nner so that surfaces that come into contact with food or the mouth are protected from contanination and handles are presented to the user. Correct by: lOfQ4/99 Notice � 1 FRONT COUNI'SR 14.) Cold food not maintaired at 44 degrees F., or less. TBMPn�A2•iTi2E Or :�ALr^ & unT.F CRnAI�R IS 60 D3G.F. Immediately, maintain aIl cold readily perishable food aC 40 degrees F., or less. Correct by: 09/30/99 Notice � 1 15.) No conspicuous thermometer in cooler or freezez. TEMPEHATURE OF SN�FS,L UNDER COUNTSR COOLnR SS 51.4 AATD GIV2NG OFF BPS1 SI�S"cLL. Provide an accurate thermometer in a conspicuous location in the warmest part of each refrigeration and freezer unit. Correct by: 10/07/99 Notice � 1 - - 1 - 5 - 1 00 -3�-- DE3'S Or h;IDk'e?Y " ' Page 5 riP1dLINr. AT' N cood/Restaurant PAUZ 1+N 55109-4007 Insoectioa Date: 09f30/99 .) ?est strips are being used iroronerly. FLY TRao I,ZGHi =S INSTA;L�D a3 rP-i - 5 (:03ZZTPS,?,Y) eRO:d ?-Y, i00D ?�SP. CO'v?vi33 TO?. � J Do aot use ir.secticide pest strips in unauthozized interior areas. (?est strips �ay oaly be used in tre eaclosed garbzge and refuse storace roors). FLY TRF? L26$T S$OUZD B^ LOCATSJ AT L?AST TERSS (3) F3HT P.WAY FROM P.NY r00] P�P' SII22AC�S. R3LOCAiS cLY T� L2G�iT OR RnMQVS ALL r^OOD FROCUCTS F?.°D S2NGLE U53 ITBI✓S £ZOM T3IS COJNinR p1v'D PVOSD PNY FOOD ?RBp, ACTIVITI3S ON ST. Correct by: 1Of08/99 ?TOtice ;-�, 2 :HS*7 .1 Eot food not r,taintained at 150 degrees F or above. T�MP3RATVRE Or NAM3VRG3R IS 105.2 DBG.r.F1v� 1r.AT OF RO.r,ST B�FF IS 129 DBG.F. 2mTediately, maintain all hot potentially hazardous food zt 150 deczees r^ or above. Correct by: 09/30/99 Notice � 1 ) Food stored on floor. UNCOVy'?�D 90X OF FRY2NG OIL. Do not store food on the floor. Store at least six (6) inches above the floor on anaroved shelving. Dollies may be used for bulk containers o£ food. Correct by: 09/30/99 Notice n 1 ) Equipment is in disrepair and does not meet NSF standards. HANil S'L�SFC FAUCET IS CORRODED. Repair or replace equipment to meet Nationa2 Sanitation Foundation (NSF) Standards, or be approved by the ?iealth Authority. _ Correct by: 11f30/99 Notice ,� 1 - Flies are present in the establishment. Exterminate flies. (- 5) * _ (- 1) * _ 4 Correct by: 10/08/99 Notice � 3 00-3� riP�DfiE'S OF MIDWzY 3 6 9 f�LSISB AVB N Si. PALZ I✓�N 5510�-4007 Pzce 6 ?ood/Restaurant Insnectio� Date: O9f30/99 21,) 2nsuf�icient number o•_` carbaqe and re�use containers oresent. NO YRASFI CONTP=2v�R ?OUN7 P_T I-:F?ZD SI?v{S. Provide zdditional coatainers £or the storsce o£ garbace and refuse, ine containers must be durable, easily cleanable, iasect aad rodent proof and non-leaking. , Correct by: 10J07/99 Notice # 1 22.) Pood equipment is soiled. Clean and maintain all food eauipmeat in a sanitary manner including the followi^.g item(s): INSZD� TOP Or MIC20F�P_b� OVx,'N, BOTTOYi Or Sl✓iALL COOLER F,IGD D002 R.AILS OF CHEST FREc^ZSR. Correct by: 1�/04/99 Notice n 3 23.) Ir.adequate or no saniti2er is being used for in-place cleaning of cowzter tops, tables and other equipaent. NO SANSTZZER DnTECTSD ON A�nT WIPING CLOTF:S, SAW 3NPLOYcE USnD ONLY WATEi2 TO WIPS PRSP SURFACn. Provide an3 use an approved sanitizer at the concentratioa of 50 to 200 ggm of free chlorine or eauivalent. For best results a concentration of 100 to 200 ppm is recomended. Correct by: 09f30/99 Notice � 1 _ 2 _ z - 4 00 -3 �-- i-_a.��.s � s or MSDi+�Y 369 I-�:AIdL21JE AV3 N Si. PAUZ NTi7 55105-5007 2?.) =here is ao SAI_NT pAUL CSZiIr2ED iood ^anager emnloyed by this establisr-ent. Provide and naintain a certified food nar_acar. � A CERTIrI3� sOOD M_nNAG�3 is required i: poteatially hazzrcous foocs are nreoared. You NIiSi emDloy z SA2NT PAIIT� CnRiIFTED rOOD N•_�T�TF.C�R by the listed cate or have someone enrolled z�d paid to attend the next availzble food manacer training class. ------ ��?�OVnD FOOD NzNAGER T�P.iNING COUR.S� PZO�IDSRS are: Minaea�olis Hnviroanental Eealth Department, E11en Fioyt or Rebecca Caulfield, (612)673-3964; Y.en�epin Cownty Environmental Aealth N.anagement, Registration,(612)930-2770; Minnesota Restaurant Fssoc., Sandy Lien, (651)222-7401); fiospitality Institute o€ Tech, znd t✓,anagement, Lynn Hodulik, (651)646-7077); Minnesota Licensed Beverzae Dealers, (651)772-0910; St. Paul Technical Colleae, Caryn N,ohr, (651)228-4306. NOT�: Saint Paul requires a separate Szint Paul Food Manzger Certificate obtained from this office following co-�letion of an approved training course. FILL OUT ie?E 3NCLOSD FL�2LICATION TO OBTASN A CITY Or SA2NT PAUL CSRTIsIBD rOOD MAtC�AGER CBiZT2rICAT3 OR F�`Vr^, SON,nONB SIGNz.D t3P FOR T'rS5 C?,ASS. Correct by: 10/14(99 Notice � 9 25.) rood workers are not washing their haz!cs properly. Ek;?LOY'�S 09SE,2V'�D COMING BACK FZOM BR3AK WIT'dQIIT k�AggING HANDS PRZOR TO SSRVSNG F.T�D PREPARING FOODS. Hands must be washed before beginning work, handling clean utensils, dishes, single service items, or food not receiving £urther heat treatment; also after handling raw food, money or soiled utensils, Correct by: 09f30/99 Notice � 1 26.) Improper sink being used for handwashing. ENPLOY'BS WASH fiA1S�S IN BOTH FOOD SINK AND 3-COMPARTN�i.,NT S2NK Vse handsink for hand washing. Do not �;ash hands in £ood preparation or equipment washing sinks. Correct by: 09(30/99 Notice ,u, 3 Page 7 Food/Restauraat Inspection Date: 09(30/99 - 5 (- 5) * O o - 3 �-- YARDr,n' S OF MID+�RY 369 HFNLINS AL� ?7 Si. PP_U7, MN SS10S-c007 Page 8 Food/�estaurant Insoection Date: 09J30/99 27.) Inadecn_ate or no hair restraints zre aeing korn by foodseivice perso^nel. AT LSFST Q:v^a O� TitiO BS6?LAYBSS OBSER'vJ "v+IiEO'J'i 'rAiR ZBSi�AI?vi. Al1 foodservice perso2nel engaced in =ood preparation and/or utensils washing must wear effective hair restraints at a11 times while on dnty. Correct by; 1pJ07/99 I3otice � 1 28. ) No disposable towels �rovided at handsinlc, NO TOWHL FOLZv'�i AT FSPND SIA"KS BUT AT rOOD SSNFC. Provine znd maintain zn adequate supply of sznitary siagle use towels in a functional dispenser zt each sink. Do not use common towels for drying or wiping hancis. Correct by: 10/07/99 Notice � 3 29.) Nailbrush not provided at hancsink. Provide and r,.aintain a fingernail brush at the employee hancwashing s_nks. Correct by: 10/07/99 Notice � 1 - 30.) Floor is food soiled underneath equipment. UNDER EdAM3iTdGHR GRILL. Clean and maintain floor under all eauipment. Correct by: 1�/07/99 Notice '� 1 31.) Ceiling is hezvily soiled. CnILING TILES ESPECIALLY AROUND t7�NT5. Clean and maintain the ceiling. Correct by: 10/07/99 Notice � 1 32.) Ceiling has a deteriorating surface. SOME CEILING TILES, CEILZNG P,AILS AND DIFFUSERS. . Repair the ceiling. _ Correct by: 11/O1/99 Notice � 5 --- "�__ �l � (- 2)* -i (- 1)* (- 1)* 00 - ��- :;P�DEE'S OF MIDWAY 369 ii�MLINE AV3 N ST. PAJL NN 55104-5007 :�O? S22.{ A�3.$ Page 9 cood/Restauraat Insnection Date: 09/30/99 33.) v;a115 have deteriorati,g sur£Gces. RF? Wp�L 0. b;0? SIIv�d IS P�BLIRG 08r Repaiz and maintain the walls. Cor3�ect by: 1OJ14J99 7GOtice n 5 3iOREROOM 34.) Storing single service items on the floor. Store single service articles at least six (6) inches off the floor osi zpproved shelving. Correct by; 10/07/39 Notice � 1 'OILETS 35,) Ecruipment is in disrepair and does not meet NSr staadards. ?iA2v'D DRY'R IS NOT WORRING IN I+�N'S RBSTROOM, Repair or replace equipment ta meet National Sanitation Foundatioa (iv*Sr^) Standards, or be aoproved by the Hea2th Authority. Correct by: 10J07/99 Notice # 1 - 36.) Toilet room £ixtures are sailed. A T02LET IN wOMEN'S RESTROOM. Clean and maintain toilets, urinals, hand sinks, soap dispensers, hand-drying devices, and a31 related fixtures. Correct by: 10/02/99 Notice � 1 �- 1) * (- 1)* �- 1) * (- 2)+ �.? No disposable towels provided at handsink. IN MrN�S RESTROOM.. . (_ y�t Provide and maintain an adequate supply of sanitary single use towels in a funetional dispenser at each sink. Do not use common towels for drying or wiping hands. Correct by: 1OJ01/99 Notice n 2 - - � - - - --- - --� -- - - -- Y_nRD°E'S OF MiDi4AY 369 HPS✓LINB PV3 23 ST. PALZ MS 55204-4007 00-3�-- Page 10 ?oodfRestaur�.nt InsDectioa Date: 09J30/99 wP�{-IN COOL.;3 38. ) Food uncovered. L'?�TCOV?R%D BUC'�CET O�' ?OOD SITTING DIR�CTLY UNDaZ ?,�n{_,iG CO?�TDSNSER. Keep all stozed foods properly covered exceot during periocs of nreparatio� and service. Correct by: 09/30(99 Notice ;', 1 39. ) Eauipment is soiled. S_h�.LV'S PRS MOI.DY. Clean and maintain, Correct by: 10/07/99 Notice � 1 40.) Coadensate drain is plugged or de£ective. A2a DRAiNS ONTO 3UCKF.T Or cOODS AIv"D FLOOR. Properly maintain condensate drain, Correct by: 10/O1/99 Notice m 3 riALK-IN FR;EZER 41.) Equipment is in disrepair and does not meet A*SF standards. CRACICSD DOOR GASKET. Repair or replace eauipment to meet National Sanitation Foundation (NSF) Staxidards, or be approved by the Health Authority. Correct by; 1Oj14/99 Notice R 3 42.) Freezer has heavy frost build ug. AT DOOR AND INSIDE. � De£rost the freezer(s) to allow proper functioning. Correct by: 10/DSj99 Notice � 3 - - - - — _ . . -� - - � - (- 2)+ (- 1)* (- 1) * (- 1)* (_ 1)# . _--- � � - - - _ � :;: oo- 3Z— F�"v7EE'S Oc^ N:SDi9AY 369 HP?iLINE Ati� N S1. PALZ *4S 55104-5007 �3.) Coving at tre wall/floor jtvzction is nissir_g or defective. Doo:�. P 11 rood/Restauraat =nspection Date: 09/30/99 i:�s_�a s�cx,^ oa Provide aad mzin�ain a coved radius at the wall/floor junction throuahout the establis}zent using the sane material as the floor finish. Correct by: 10J14/99 Ivotice � 5 �4.) ?Go lignt shields present. Provide effective shielding or shatter resistant bulbs for all light fixtures in food or equinment handling and storage areas and provide end caos for iluorescent protective tubes. Correct by: SO/08j99 ivotice n 2 SCORB: 53 * N,ultinle violatio^.s under the same category are not used to dete:^;ir.e score. If you have ��y questions regarding this ir.spection, feel free to call 266-9098. n_LTSRATIOA*5: 9efore an existing establishment is altered, d_tailed drawings snd equipment specificatieas must be submitted and approved by this office. iiiIS ML7ST SE D02SE BEr^ORE OONSTZUCTION BSGII3S. Ii�ANGE OF OS4N'E� OR N�?S7AGEhLNT: 3e£ore a chanoe in ownership or management, his establishment must be brought into total compliance with St. Faul rood ode_ An evaluation must be made by this ofEice to determine if remodeling or quipment changes are necessary before the required transfer can be aDtiroved. 2U2PMENT INSTP.LLATION: Ail newly installed eguipment must be NSF approved : equivalent. Contact the district inspector for further information. �ng Lor, R.S, vironmeatal riealth SpeciaZist II (- i) * (- 11 * ztact Persoa : ALFONSO S^aVILLA Ginger Palmer - hardee3691.wpd Page 1 00 -32- ,.... .� GTY OF SAINT PAUL lNTERDEPARTMENTALMEMORANDUM DATE: TO: �� FROM: RE: November 24, 1999 Wiiliam F. Gunther, Environmental Fiealth Program Supervisor Fong Lor, Environmental Health Specialist II. Hardee s of Midway 369 Hamiine Ave.N. St. Paui, MN. 55104-4007 HISTORY 1499 11/19/99 A partial inspection was conducted as the result of complaints that the establishment is generally filthy. There has been six (6) complaints since the last inspection. Inspection found many of the long standing violations have not been corrected and several complaint items were confirmed; i.e, dirty toilets, broken hand dryer and no paper towels in the rest room, pictures were taken to co�rm investigation. See more detail in inspection report number 36450, dated ll/19/99. 10/29/99 A partial inspection was conducted in response to a suspected food borne illness (FBI) which was made to the Minnesota Departnnent of Health, Epidemiology Division. There was no evidence of possible cause of food bome illness out break discovered during the inspection; district manager, Bill Herdzina, called me the following Monday and provided me ingredients of the egg croissant as follow: Wheat flout, niacin, reduced iron, thiamine, riboflavin, £olic acid, ascorbic acid, enzyme, H liquid hydrogenate, soyabean and cotton seed oil, sugaz; products that are 52%: yeast, whole milk, salt, butter, datom?, ascorbic acid, L-cysteine, fungal enzyme and ADA. 09(30(99 A full inspection was conducted as the result of a complaint that the restrooms were filthy and employees were out at the back smoking. Inside there was long line; Ginger Paimer - hardee3691.wpd Page 2` O O — 32-- Hazdee's of Midway 369 Hamline Ave.N. complainant had to go out to let the smoking employees know that complainant is a customer and wanted service. The investigation did not ftnd employees smoking outside at back azea; however, the dining area does have a smoking section and employees do take break at that section. There was evidence of filthy toilet, one of the toilet in the women's restroom is coated with feces. There was no disposable towel found in men's restroom and the hand drying device was not working at the time of the inspection. There were forty-four (44) violation orders issued and scored fifty-three (53). Violations included: PHFs being held at improper temperature, roast beef at 129 °F and hamburger at 105.2°F and half & half creamer at 60°F. *; employees coming back from break without washing hands prior to preparing and serving foods*; fly trap light being installed ]ess than three (3) feet (horizontally) from food prep surface*; flies present throughout the establishment*; employees wash hands in the food sink*; handsinks have no disposable towels and nail brush; leaky drain of d'ash sink; employees without hair restraints; vent covers are very dusty; and no sanitizer used for wiping any prep surfaces. Note: Manager was David Shahbaz and Alfonso Sevilla, supervisor. 09/14/99 There was a complaint made to the office that this establishment is filthy and possible employee spitted some slimy stuff on a sandwich. No on site response was made due to an investigation that was made on 09/10/99. 09/10/99 A partial inspection was conducted as the result of a complaint that the establishment was infested with thousands of fruit flies. Talked to David Shahbaz, a new manager. He said there were problems with fruit flies but they had just cleaned up and sanitized all the possible azeas of fly attraction and breeding. There was no fruit fly seen at the time of the investigation, but there were some house flies*. A fly trap light found being instal(ed too close (< 3 feet horizontally) to a food prep counter top*. No certified food manager on site. Note: General Manager was David Shahbaz and supervisor was Alfunso Sevilla. 08f I 1/99 There was a food borne illness complaint made to Minnesota Department of Health and was referred to the office. There was no on site investigation conducted due to indication from MDH as "Complaint to be logged in database". 07/09/99 An on site Management Review was conducted u the result of failing an inspection. During this inspection, the inspection report dated 06/28/99 was reviewed and discussed. The faciliTy was slightly improved since the last inspection. Correction schedule was set; see inspection report for more detail. Note: General Manager was Kos 00 - 3'�- Hardee's of Midway 369 Hamline Ave.N. Jahangiri and supervisor was Alfonso Sevilla. 0612$199 A full inspection was conducted as the resu]t of a complaint. The complaint was that the establishment was basically filthy and counter tops were dirty. There was no evidence of dirty counter tops; however, they aze old and hard to keep it clean or not look appealing. There were thirty-six (36) violations found and scored sixty-four (64). Violations included: openings present ailowing the entry of vermin (door was propped open)*. Improper concentration of sanitizer in the dish washing sink (<SOppm)*. Floor food soiled under 3-compartment sink and ice machine. Milk, a potentially hazardous food (PHF), is being held in a cooler with temperature of 58° F*. Handle of an ice scoop was buried in ice. Flies present in the establishment*. No sanitizer detected on wet wiping cloths used for wiping food prep surfaces*. No hand sinks were functioning. Employees were washing hands in the food sink and dish sink*. No towei found at hand sinks. No cover on waste bin found in women's restroom. Bucket of uncovered food found stored directly under Ieaky condenser of the walk-in cooler. Exterior of walk-in freezer door was food soiled. Two tickets were issued; one for not using sanitizer under the City of St. Paul Legislative Code Chapter 331.13. Another for not having a certified food manager with sixth notices under Chapier 331.24 of the Legislative Code of the City of St. Paul. Note: General Manager was Kos Jahangiri and supervisor was Alfonso Sevilla. 04/30/99 A complaint was made to the office that the faci(ity is generally filthy. There was no on site investigation conducted due to a similaz complaint and was investigated previously. 04/15/99 A partial inspection was conducted as the result of a complaint that the establishment is generally filthy, disgusting, found hair in the food and made the complainant sick after eating food from the establishment. There was no evidence of no hair restraint used that could possibly cause hair in food or excessive filth..,etc. at the time of the inspection. Empioyee found grabbing rims of cups and used as scoop to serve ice to customers. Hood(filters found food soiled; no certified food manager on staff. Note: Manager was Richard Anderson. 1998 09/28/98 A full inspection was conducted as the result of a complaint. Complainant stated that there were cockroaches in establishment and she found two of them in her sandwich. There was no evidence of cockroach; there were a total of thirty (30) violation orders issued and scored seventy-five (75J. Critical violations aze: PHF (milk) being kept in cooler at 58° F.; flies present in the establishment and no sanitizer detected in bucket of •Criticai Viola6on Ginger Paimer - hardee3691.wpd, Page 4 �0 �� Z— Hardee's of Midway 369 Ham{ine Ave.N. sanitizing solution and on wet wiping cloths. Note: manager at the time was Richard Anderson. 08l10198 A partial inspection of the establishment was conducted as the result of a complaint that the facility is generally filthy, inside, outside and under any counters. There were evidence of vents and vent covers and ceiling tiles that were very dusty or tiles were missing. Violations include: vent cover dusty; ceiling tiles missin� above ice bin and cups were used to scoop ice for customers. Note: Manager was David Erewer. 04/17/98 A full inspection was conducted as the result of complaints that the establishment was generally dirty and employees were coughing on the foods and serving foods with dirty hands. There was evidence of possible dirty hands; there was no towel at the handsink. There were thirry-four (34) violation orders issued and scored seventy-four (74). Violations included: verns and covers were dusty; equipment is in disrepair (cooler door not closed properly due to dattiage), ceiling tiles and light shie3d soiled, no towel found at hand sink, no sanitizer detected in bucket of sanitizing solution and on wiping cloths*, PHFs not properly thawed (at room temperature) and grouts on floor were missing. Note: Manager was Dave Brewer. 1997 12/01/97 There was a complaint made to the office that complainant bought hamburger there at the end of August and it appeazed old and green. There was no on site inspection conducted per Gary Pechmann since the complaint was made about three (3) months after the actual situation and because of a recent inspection. 1 I/OS/97 There was a complaint made to the office that there were syringes found in pazking lot and trash in the dumpster were overflowing. There was no on site response or investigation due to recent inspection. 10l31/97 A partial inspection was conducted as the result of a complaint that the facility is dirty and food is stale and old, Inspection found no evidence of old or stale food; products came in every four days according to manager, Delane Benson, during this inspection. Violations were: coving of walk-in cooler was missing; and floor food soiled. 08/18/97 A full roufine inspection was conducted; there were twenty-three (23) violation orders issued and scored seventy-five (75). Violations aze: equipment is in disrepair (door gaskets of cooler and freezer torn); cooks found prepazing food without using hair restraints; ice scoop handles buried in ice; PHFs found storing/keeping at improper temperature (chicken and roast beef at 128.6 °F and 143.6 °F.)*; flies present*; food equipment soited (interior of ice machine); no sanitizer detected on wet wiping cloths and 'Crirical �7olafion inger Pa mer - hardee3691.wpd � �Page 5� ao - Hazdee's of Midway 369 Hamline Ave.N. in bucket of sanitizing solution*; and no light shields in walk-in cooler. Note: Mana�er was Delane Benson. 06/OS/97 A Management Review was conducted in the LIEP O�ce as the result of failure to pass the inspection dated OSlQ7/97. During the Review, the inspection report referenced above was discussed and correction time line was scheduled. Note: Manager was Tim Kiava. OS{07t97 A full iaspection was conducted as the result of a food bome illness (FBI) complaint that the complainant was there and ate roast beef and mashed potato gravy and got sick with vomiting and diarrhea with some dizzy feeling. There were twenty-two (22) violation orders issued and scored sixty-nine (69). Violations included: equipment is in disrepair (cooler and freezer door gasket torn); PHFs found stored at improper temperatures (chicken and roast beef at 133.8 and 122.9 °F*; exterior door is not rodent proof (opening undemeath back door)*; no sanitizer detected on wet wiping cloths and in sanitizing solution bucket�'; and poisonouskoxic materials stored above food (multipurpose cleaners stored with and above food)*. Note: Manager was Tim HIava. 1996 OS/09/96 A partial inspection was conducted as the result of a complaint that when the complainant got home the ultimate cheese burger that was purchased from there was with a bite taken out of the burger. There was no evidence found during the inspection. Note: Manager was Tim HIava. 01l25/96 A partial inspection was conducted as the result of a complaint that the cheese burger that complainant bought from the establishment tasted funny and he became ill with chills and fever, vomiting and cramps at 4:OOam the next day. There was no evidence of old food or adulterated food; food (burger) were held for ten (10) minutes in a numbering hot holding system. Note: Manager was Tim HIava. �995 12/14/95 There was a complaint made to the office that a male staff used his teeth to separate ice cream cut and used one of them to fi11 with ice cream for customer. The complainant also found a piece of hair in the ice cream. There was no on site investigation conducted. 12f04f95 A full inspection was conducted as the result of a complaint that the whole establishment was generally filthy, i.e. ceiling tiles had never been cleaned. There was no evidence of dirty ceiling tiles because they were replaced. There were eleven (11) viotation orders issued and scored eighty-four (84). Violations included: wall with • crihw� v;o�ason Ginger Paimer - har ee3691.wp , Page 6 �� . Hardee's of Midway 369 Hamline Ave.N. deteriorating surfaces; no thermometer found in cooler; exterior door not rodent proof*; storing raw above prepared or cooked food�; and interior of ice machine is food soiled. 01/12J95 There was a full inspection conducted as the result of a complaint that the establishment was generally fiithy, grease, gazba�e all over the place and uncovered frozen chicken sitting in the cooler...etc. Investigation found no evidence; there was ten (10) violation orders issued and scored eighty-five (85). Violations included: no back flow preventor at control valve downstream from the water line*; floor food soiled; wall food soiled; toxic/poisonous material/chemical agents stored above utensils*; and food equipment was food soiled. 1994 12(04/94 A full inspection was conducted as the result of a complaint of a possible food bome illness (FBI). Complainant and daughter ate chicken sandwiches and both got sick with abdominal pain, cramps, nausea and diarrhea. No mentioning of confirmed FBI, but required follow-up. There were nine (9) violation orders issued and scored eighty-five (85). Violations inciuded: poisonousJtoxic materials or chemical agents being stored above food*; PHF being held at improper temperature (121°F)*; equipment is in disrepair (coo]er door gasket cracked); improper dispensing of single use items and unnecessary hazardous chemicals present*. 06/21/94 There was a full inspection conducted as the result of a complaint that insect (ant like) found in food items that bought from the establishment. There was no evidence of possible insect in food at the time of the investigation. There were ten (10) violation orders issued and scored eighty-one (81). Violations included: refrigerator overcrowded*; poisonousftoxic materials stored above food*; PHF being held at improper temperature*; equipment is in disrepair; and unnecessary hazardous chemicais present*. Note: there were no inspection reports found in fi]e prior to the above date; there were thirty-six (36) inspections conducted since Mazch 26'" , 1991, an average of four (4) inspections conducted yearly in ihis establishment. There were thirty-one complaints made to this office since February 2°", 1990 and sixteen (16) complaints made this yeaz since April 11 `", 1999; not to mention police response. There are three (3) additional complaints made since the last inspection, 11/19/99. 'Crifical Violapon p 0 - '3 �-- Atldress � � � ��{� I � � CartlholUer � I Type: C property �' �censee C Unofficial C All Streel#: 69 Street Name: LINE SYreet Type 1-�1+'':�9 DiYecho¢ <Alb v; Unit #. �—� CRY �All> ` � �S. ,�.� �C'� . � m ^� �'`+§�.�P.'�?+ 2 .._r�,o4P ..' ...�`@�4�.'t�� "' �" ��secNwt�. , c�„'� $�t:Ycex'isa,�pe rS efus"" ��'�_ � 1 �y - s � FL4RDEE'S FO00 }tARDEES OF MIDW,1 F Atarm PermR (Rene Delmqurnf��crnse E Y � ,False Alarms . .. Active ` �t; - Fe��`f5?�� ,:�� . ,s F� : Cenea ��`s,� �� .� ,"� �_, � ... � c ri999 ao - 3�-- Adtlre � TYPF-. �i'N.�-x �;� . j:= �,peim4 Stre i � License � Stre� C� p�operty Dlre�t 51reet # — i �� ; SYreet IJeme: +` StreetType: crt� � Und intl Cdy I STate: Ward � 6ist Counci4' _f : Licensee: � � � i DBA � .g �, �; 1 Saies Tax Id � aRD Licensee 1 Lic.iypes �' Licensee C", Unofficial Qirection: Un #' Licensee t1ARDEE'S FOOD SYSTEMS iPdC DBA ARDEES OF MIDVJAY Imurarme � Bontl � Requiremer�ts � � Project Fac@ffior. MARTENS, CORINNE � Adverse Adion CommerAs CommeMs: Zip: $5704 � i�DA199 Per EH, to CAO for adverse action due to , fgrass unsanM1ary contli�ons CAR i€� CommeMS. J i1�t743� SeveChangestaFGStwy 00 - 3'>- Typft .�R'-�^� � �-� x° Licensee�iARDEE'SFOODSYSTEMSINC P�` �� -� � �� "�� DBA ROEES OF MIGWAY Stre Stre 3 �cense Licensee � Lic. Types � Insurance � Bantl l Requicemerls 4 .-.-__.._, Stre ` Licensee Neme: ARDEES FOOD SVSTEMS WC ��,, Dire�� DBA: ARDEESOFMIWVAY Unrt�; SsksTexid 845676 Non-Protd'(� Worker'sCOmp: NOR10D0 �^P��etx1eS��: : AA CorRrac[ ReCtl: ONOiD000 AA Treining ReCtl: OAON000 Cdy. ` ; AA Pee Collected: ONON000 DiscrourR Rec'd r Other F enc Licenses Financiai Haid Reasons �'"�e��9:?� ee. n:� . �ic�l �ame°_:�= � -MeJ License To: �; r M�nl To Cordact '' �' LicenseAtluess 3-+' - � Mal lnvoice To: —� r Mail To CorrteU � @F�, C License Aduess � Backqrountl Check Requiretl r I � � _ _ f v' � � j i . � � ■ � � , � �� `� t � �, , ,� _ �� , 9, - , ,�'; , � ��., . ._, ;.��,�._ - �ga. a w . m� . �.l1:. - ...9 - .ti'M Y . �� "0 ,• 'tv 1 b i f I '1 '; � - �� '�� "� � 1 ..m■� � - .,, � I 6� � � � � � � � i . _.,,:�-. ,.. �� \ �r �` '� �+�tr�r .. �' C' a , ,� -� � .:i � � � 0 � W � � � . a 0 i W � Su�S�(ITu�G — ��lal c�rd, i�mev��ec` RESOLUTION CITY OF SA�NT PAUL, MINNESOTA Presented By Referred To WHEREAS, the Office of License, Inspections and Environmental Protection began adverse action against the Restaurant - B license held by Hardee's Food Systems, Inc., d/bla Hardee's of Midway for the premises located at 369 Hamline Avenue North for chronic sanitation and health issues; and 2 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Council File # (7� — � � CneenSheet# lCYJ3 ' i � �� i� e - �� WHEREAS, the licensee did not contest the facts stated in the Notice of Violation, but the premises had been cleaned up and the district manager indicated that there was a new manager at the time of the most recent inspection; now, therefore, be it RESOLVED, that the Restaurant - B license held by Hardee's Food Systems, Inc. dib/a Hardee's of Midway, for the premises at 369 Hamline Avenue North is hereby suspended for a period of 30 days, said suspension stayed for a period of 18 months on the following conditions: 1) That the restaurant be maintained in a clean and sanitary condition at al1 times. The Office of LIEP shall inspect the restaurant at least monthly during the 18-month period and Hardee's of Midway must receive a satisfactory score during each of said inspections. If the licensee receives an unsatisfactory score (three or more critical violations � e , they shall be entitled to a hearing to challenge the results of the inspection prior to revocation of the stay of the suspension above. However, nothing herein sha11 be deemed to prevent the Office of LIEP from implementing an emergency closure pursuant to Saint Paul Legislative Code §331.06. 2) That the district manager must notify LIEP of any change in the on-site management within tw l�usiness days. �� o�000 3) Tt�at the licensee pay a fine of $59 .9�Cdt�Yto be paid to the Office of LIEP within thirry days of the passage and approval of this resolution. ��j tl� j Oo-3a 2 Tlus resolution and the action taken are based upon the facts contained in the Norice of Violarion 3 letter dated December 2, 1999 and such arguments as may have been presented to Council at the 4 public hearing. Requested by Department of: ay: Apps By: By: Form Appr v d by City Attorney BY: , J� f-12-Zvoo Approved by Mayor for Sub�' sion to Council By: Adopted by Council: Date QM �� oC�� Adoption Certified by Council ecretary 00-3�. �� William Gunther 2000 - P. wrt TOTAI � OF StGNATURE PAGES GREEN SHEET ,�.�� No 1 v ��77 ❑ anwnauer ❑ Crtraauc ❑ wuxNLaFRrwcsooe. ❑ n�wau.aomKero ❑ WYORI�YOT4if) ❑ {CIiP ALL LOCATIONS FOR SIGNATURE) Resolution concerning adverse action against all licenses held by Hardee's Food Systems, Inc., dba Hardee`s o£ Midway, 369 Hamline Avenue North. (UnconCested) PLANNING CAMMISSION CIB CAMMITTEE GVIL SERVICE COMMISSION IF APPROVED OF TRANSACTION f SOURCE (FJ(PLAIN) Fles il�s persmKrtn everv�o'ked under a cot�tlaCtfafthis departmetlY7 vES NO Has tlws P�derm eMer been a dlv dnobfree4 YES NO Doea this DeisoNfirm D� a sldll not riormal�YDOSSessetl bY any arrent citY emPbY� YES NO le Mia peieaNfirm atarpeted venda(t VES NO COST/itEVQJUE BUD6E7ED (dRCLE ON� ACTNITY NWABER YE5 NO V Council File # 00 - 3'3. RESOLUTION Presented B; Refened To Green Sheet # _1gp�e� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VJF�REAS, the Office of License, Inspections and Environxnental rotection began adverse action against the Restaurant - B license held by Hazdee's Foo ystems, Inc., dlb/a Hardee's of Midway for the premises located at 369 Hamline Avenue orth for chronic sanitation and health issues; and WHEREAS, the licensee did not contest the facts state in the I3otice of Violation, but the premises had been cleaned up and the district manager ' icated that there was a new manager at the time of the most recent inspection; now, refore, be it RESOLVED, that the Restaurant - B license d by Hardee's Food Systems, Inc. dlbfa Hardee's of Midway, for the premises at 369 Haml' e Avenue North is hereby suspended far a period of 30 days, said suspension stayed for a p od of 18 months on the following conditions 1) That the restaurant be mainta ed in a clean and sanitary condition at all times. The Office of EP shall inspect the restaurant at least monthly during the 18- nth period and Hardee's of Midway must receive a satisfactory s te during each of said inspections. 2) That the district ager must norify LIEP of any change in the on-site manage ent within two bus'vness days. 3) That the li nsee pay a fine of $500.00, to be paid to the Office of LIEP wi in thiriy days of the passage and approval of this 1 2 3 4 0�-3� This resolution and the action taken are based upon the facts contained in the Notice of Violarion letter dated December 2, 1999 and such azguments as may have been presented to Council at the public hearing. Adopted by Council, Date Adoption Certifi�d by Council Secretary BY: Approved by Mayor: Date Requested by Department of: $Y: �f ��QFG� Form Approved by City Attorney sy: '(/ ✓ � Approved by Mayor for Submission to Council Hy: By: OFFICE OF TFIE CITY ATTORNEY ' Clayton M. Rodiruan, Jt, City Attoarey �� `� � CITY OF SA1NT PAUL Norm Coleman, Mayor December 29, 1999 Civil Division 400 City Ha11 Telephone: 651266-8710 IS West Kellogg Blvd Facsimile: 65I 298-5619 Saint Paul, Minnesota 5�102 NOTICE OF COUNCIL MEETING GoLkr��i �esea°Uh �en'�r Owner/Manager Hardee's of Midway � � � � � ; �� 369 Hamline Avenue North Saint Paul, Minnesota 55104 RE: Ail licenses heid by Hazdee's Food Systems, Inc., d/b/a Hardee's of Midway for the premises located at 369 Hamline Ave. N. in St. Paul License ID No.:17430 Dear SirlMadam: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, January 12, 2000 in the City Council Chambers, Third Floor, Saint Paul City Ha11 and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the violation of sanitation and health codes have not been denied. You will have an opportunity at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. If you have any qixestions, please ca11 me at 266-8710. Very truly yours, �� Virgmia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Christopher Dart, Community Organizer, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paui, MN 55104 ; � ��_ 3 � 3�► January 12, 2000, City Council Action Minutes 30. � Page 6 Resolution - 00-32 - Conceming adverse action against all licenses held by Hardee's Food Systems, Inc., dba Hardee's of Midway, 369 Hamline Avenue North. Subsritute introduced, amended and adopt eas - 7 Nays - 0 (The O�ce of License, Inspectio and Env�ron al Protection was requested to provide a report to the Counc' on July 11, 2001, reg rding their inspections of sanitary and health conditions at this abtishment) 31. Resolurion - 00-33 - Conceming adverse action against the Malt Off-Sale Liquor License held by Paul Kamp, dba Kamp's, 1059 Westem Avenue North. (Uncontested) Adopted as amended Yeas - 7 Nays - 0 32. Resolution - 00-34 - Concerning adverse action against the Auto Body Repair Garage License held by Steve's.Auto Body, 1196 7th Street East. (i3ncontested) Adopted as amended Ye�s - 7 Nays - 0 33. Resolution - 00-35 - Endorsing the West Side Flats Development Strategy as the overail vision for the area between Robert Street, Wabasha Street, Plato Boulevazd, and the Mississippi River. Adopted Yeas - 7 Nays - 0 34. Resolution - 99-999 - Ordering the owner to remove or repair the building at 559 Lawson Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Ofticer recommends the owner be givea six months to rehabilitate the building provided a$2,000 bond is posted by noon February 16, 2000) (Laid over from October 13, 1999) Adopted as amended (per recommendation of the Legislative Hearin� Officer) Yeas - 7 Nays - 0 35. Resolution - 00-14 - Ordering the owner to remove or repair the buiiding at 762 Lafond Avenue within fifteen (15) days from adoption of resolution. (Legisiative Hearing Officer recommends allowing the owner six months to complete rehabilitation provided a $2,000.00 bond is posted, a code compliance inspection is comQleted, and the vacant building fee is paid by noon on January 5, 2000) (Laid over from January 5) Adopted (Remove or repair within 15 days) Yeas - 7 Nays - 0 36. Appeal of Richazd Brown to a Summary Abatement Order for property at 1763 Thomas Avenue. (No action required; the abatement order was withdrawn as the property is in compliance.) No action required �b Page 1 of 4 CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: July 11, 20Q1 TO: William F. Gunther, Environmental Health Program Director FROM: Fong Lor, Environmental Health Specialist II. �� RE: Hazdee's of Midway 369 Hamline AveN. St. Paul, MN. 55104-4007 HISTORY 2001 07i10101 A monthly routine full inspection was conducted and found nine (9) violations, of which one (1) was considered critical. It was the pop dispensing nozzle soiled. Manager met on site was Katherine Fox. 06/20lO1 A monthly routine full inspection was conducted. There were five (5) violations, of which one (1) was considered critical. It was the inside top of the microwave oven was food soiled. Manager met on site was Chris Ambe. OS/09/01 A monthly routine full inspection was conducted and found six (6) violations. There was one (1) violation considered to critical. That was the leaky drain line behind the pop dispenser and ice bin. Manager met on site was Chris Ambe 04l10/Ol A monthly full inspection was conducted and there were nine (9) violations found. There were three (3) violations considered to be critical such as leaky faucet of the 3-compartment sink, temperahue of diary cooler was 44.2°F. and low sanitizer concentration in buckets and in the 3-compartment sink (2"� notice). Manager met on site was Katherine Fox. 03I20I01 A monthly full inspection was conducted. There were nine (9) violations, of which one (1) was considered critical. Manager met on site was Katherine Fox. Page 2 of 4 02/14/Ol A monthly routine full inspection was conducted and found two (2) violations, of which none was critical. Manager met on site was Chris Ambe. O1/22/Ol A fixil inspecrion was conducted as the result of complaint of possibte food bome illness. There were six (6) violations, of which none cons�dered critical. Complaint was unable to verify. Manager met on site was Chris Ambe. HISTORY 2000 12/27/00 A monthly inspection was conducted and found ten (10) violations. There were three (3) violations considered to be critical. They were soiled pop dispensing nozzles, dtinlcnig open cup in food pTeparation area and bottom of prep cooler soiled (2"' notice}. Manager met on site was Chris Ambe. 11/17/00 A ful] inspection was conducted as the result of a possible food bome illness and found six (6) violations, of which four (4) were considered criticai. They were spray bottle of toxic chemical without label, no sanitizer detected in sanitizer bucket, soiled bottom of food prepazation cooler, and temperature of spicy chicken was at 123.4°F. Complaint was unable to verify. Manager met on site was Glenn Levine. 10/OS/00 A full inspection was conducted to determine the reopening of the establishment after a four (4) days voluntary closure, The inspection found one (1) non-critical violation. The establishment was approved by Steve Roy, Acting Supervisor, to open. Managers met on site were Mike Rubner and Dan Zeliff et. al. 10/03/00 A partial inspection was conducted as the result of the voluntary closure to look at construction and remodeling progress. A list of repair items was issued. Previous orders were not reviewed in this inspection. Met with construction supervisor, John and Hazdee's QA, Mike Rubner. 09/19/00 A monthly full inspection was conducted and found nine (9) violations, of which two (2) were considered critical. They were soiled pop dispensing nozzles and soiled bottom and wall of prepazation cooler (7"' notices), unable to review because doors were nailed in with screws. Manager met on site were Glenn Levine, et a1. 08/21/00 A monthly full inspection was conducted found fifteen (15} violations, of which five (5) were considered critical. They were leaky drain of 3-compartment sink, no sanitizer detected in sanitizer bucket (2nd norice), unable to review because no bucket used, unproper back-IIow prevention device for constant pressurized spray nozzte, food soited of inside top of micrawave oven and soiled 'mside wall and bottom af food preparation cooler (7`� notices). Manager met on site was John p o-3 a- Page 3 of 4 Ybarra. 08/18/00 A letter from Hardee's Food System, Inc., Thomas W. Steed, III, Vice President/Assistant General Counsei responding to the Notice of Violation letter from the City Attomey's Office. See attached copy. 08l07/00 A Notice of Violation was sent to Hazdee's Food System, Inc. regarding the inspection reports 6/28/00 and 7/24(00. The Notice was to recommend to the City Council that the stay of the 30-day suspension of the license be revoked. See attached copy. 07f24(00 A fuli inspection was conducted as the result of a complaint about sanitary condition of the drive through window. The inspection found eighteen (18) non- critical and five (5) critical violations. Critical violations were toxiclpoisonous chemical stored above food preparation sink (2"d notice), ice scoop handle buried in ice (2nd notice), no sanitizer detected in sanitizer solution bucket, meat at room temperature (69°F) and soiled inside wa11 and bottom of food prep cooler (6`n notices). Manager met on site was James Hall. This is the second inspection that found this establishment has tt�ee (3) or more critical violations which is in violation of the City Council Resolution. These reports were submitted to the City Attorney's Office for further enforcement action. In addition, citation was issued for failure to clean and maintain food equipment on sixth notices and employ a certified food manager on eighteenth notices. 06/28J00 A monthly full inspecrion was conducted and found eighteen (18) non-critical and three (3) critical violations. Critical violations were toxiclpoisonous chemical stored above food prepazation sink, leaky drain of the 3-compartment sink and soiled inside wall and bottom of food prep cooler (5`� notices). Manager met on site was Alfonso Sevilla. 05/22/00 A monthly fiili inspection was conducted and found eighteen (18) violations, of which two (2) were considered critical. They were soiled pop dispensing nozzles and soiled inside wall and bottom of food prep cooler (4`h notices). Manager met on site was Alfonso Seviila. 04I28I00 A monthly routine inspection was conducted and found nine (9) violations, of which one {1} was considered critical. It was no saniti2er detected in sanitizer solution bucket. Managers met on site were Alfonso Sevilla and Brad Smith. 03(23(00 A monthly routine inspection was conducted and found seventeen (17) violations, of which two (2) were considered critical. They were toxiclpoisonous chemical without labei and inside top of microwave oven soiled (8`� notices). Manager met on site was Alfonso Sevilla. 1 Page 4 of 4 02/03/00 A monthly routine inspection was conducted and found fifteen (15) violarions, of which three (3) were considered critical. They were no certified food manager (13`� notices) and roast beef at 1273°F. Manager met on site was Dwyane Beene. Ol/10/00 A partial re-inspection was conducted as the result of a Management Review of the establishment. There were five (5) violations, of which two (2) was considered critical. They were the inside top of the microwave oven was food soiled and no certified food manager (12`� notices). CITY OF SAINT PAUL Norm Colentan,Mayor .' INSPEeTIONREPORT fIARDEE'S OF MIDWAY CHRIS AN1BE 369 fIAMLINE AVE N ST PALJL MN 55104-4007 OFFICE OF LICENSE, INSPEC7IONS AND V(/ �� C ENVIItONNiENTAL PRO'C6CTION Roger Curlis, Direcror LOWRYPROFESSIONAL BUILDINC Telephone; 651-2669090 350 St Peter Slreet, Suite 3Q0 Facsimife: 651-2669099 Saint Pmel,Minnuoia SSIO�ISIO 651-2669124 We6SiteAddress: mvw.ci.stpaul.mn.usJtiep Inspection Type: Restaurant Inspection Inspection: 01211537 Inspection Date: 7uly 10, 2001 Contact Person: KATT-�RINE FOX Inspection results for: This inspection was the result of a review of your establishmenUproperty, An inspection of your facility found the following deficiencies. Please make the required corrections on or before the compliance date(s) indicated. If any of the corrections require changes to the physical structure, building permits may be required. Your establishment is subject to inspection at any time. DISH AREA Equipment is in disrepair. DOOR GASKET OF FREEZER. All equipment and components must be in good repair, maintained and adjusted in accordance with manufacturer's specifications and/or complies with NSF Intemational Standazds. (MN 4626.0735) Comply by: 03/28/2001 Severity: NonCritical FRONT COUNTER Notice #: 5 Food contact surfaces are soiled. POP DISPENSING NOZZLE AT DRIVE THROUGH WINDOW Ciean and sanitize food contact surfaces of equipment and utensils: 1. before each use with a different type of raw animal food; 2. each time there is a change from working with raw foods to working with ready to eat foods; 3. between uses with raw fiuits and vegetables and potentially hazardous foods; 4. before using or storing a food temperature measuring device; 5. at any time during the operation when contamination may have occurred. (MN 4626.0845) CORRECTED DURING INSPECTION Comply by: 07f llf2001 Severity: Critical FRONT COUNTER Notice #: 1 Improper dispensing of single service items and/or multi-use utensils. CUP COVERS ARE LEFT ON COUNTER TOP INSIDE UP. Dispense singie-service items in a sanitary manner so that surfaces that come into contact with food or the mouth aze protected from contamination and handles are presented to the user. (MN 4626.0965) Comply by: 07/12/2001 Notice #: 1 Severity: NonCritical Page 1 GENERAL Intake and exhaust air ducts or filters aze not clean. VENT COVERS ARE DUSTY Clean and maintain all intake, a�aust and air ducts including a11 fxtures, vent covers, and intake vents. Change filters as needed so they aze not a source of contamination. (MN 4626.1530) Comply by_ 07/17/2001 Notice #: 1 Severity: NonCritical KITCHEN The non food-contact surfaces of cooking equipment aze soiled. BOTTOM OF PREP COOLER Clean a11 non-food-contact surfaces of equipment at a frequency necessaty to preclude accumulation of soil residues. (MN 4626.0855) Comply by: 07/17/2001 Notice #: ] Severity: NonCrirical KITCHEN The floors, waAs or ceilings are not being cIeaned and maintained. WALL AND FLOOR BEHIND GRILL. Clean and maintain the floor under all equipment. (MN 4626.1520) Comply by: 07/13/2001 Notice #: 1 Severity: NonCritical KITCHEN Wiping cloths aze not being properly stored or used. WET WIPING CLOTH STORED ON TOP OF CHEST FREEZER Store wiping cloths clean and dry ar in an approved sanitizing solurion of 50 to 200 ppm chlorine or equivalent. A concentration of 100 to 200 ppm is recommended. (MN 4626A285) Comply by: 07/11/2001 Notice #: t Severity: NonCritical KITCHEN Equipment is in disrepair. GAP EETVJEEN WALL AND HAND SINK AT FRONT. Ail equipment anc3 components must be in good repair, maintained and adjusted in accordance with manufacturer's specifications and/or complies with NSF International Standazds. (MN 4626.0735) SEAL HAND SINK TO WALL. Comply by: 07/17/2001 Notice #: 1 Severity: NonCritical MOP SINK AREA Openings around ufility lines are present . AROUND PLUM$ING THROUGH FLOOR. Properly seal off and finish openings where plumbing, electrical or other utility service lines and pipes go throngh the floor. Silicone caulk is recommended. (NIN 4626.1340) Comply by: 07/24/2001 Notice #: 1 Severity: NonCritical Pa�e 2 CRITICAL DEFICIENCIBS: Deficiencies with a Severity of CRITICAL are MORE LIKELY to contribute to food confamination, illness, or environmental degradation. O Q� 3 a NONCRITICAL DEFICIENCIES: Deficiencies with a Severity of NONCRITICAL aze LESS LIKELY to contribute to food contamination, illness, or environmental degradation. ALTERATIONS: Before an existing establishment is altered, detailed drawings and equipment specifications must be submitted and approved by this office. THIS MUST BE DONE BBFORE CONSTRUCTION BEGINS. CHANGE OF OWNER OR MANAGEMENT: Before a change in ownership or management, this establishment must be brought into total compliance with the Saint Paul Food Code. An evaluation must be made by this o�ce to determine if remodeling or equipment changes are necessary before the required transfer can be approved. EQLTIPMENT INSTALLATION: All newly installed equipment must be NSF approved or equivalent. Contact this office for fiirther information. If you think these orders are issued in error you may appeal their interpretation to the City's Legislative Hearing Officer by contacting the City Clerk @(651}266-8984 and paying a fee of $25.00. The Legislative Hearing Officer CAN NOT waive the requirements of the Building, Honsing, or Heaith Code; but he or she can make recommendations to the City Council concerning LIEP's interpretation and application of the vazious codes. Appeals must be filed within 1� days of receipt of this written notice. If you have any quesfions regazding this inspection, feel free to call the inspector @:651-266-9098 Fong Lor R.S. Environme�l eaith Specialist Copy to: HARDEES FOOD SYSTEMS INC HARDEE'S FOOD SYSTEMS INC. (STEVE WEIFFENSACH) HARDEE'S OF MIDWAX (HIMBERLY A. RHODE) 1� ate Page 3 00-3 a OFFICE OF THE CITY ATTOR,tiEY Clnyran,N. Robinson. Jr,. Ciry'dtto�ney CITY OP SANT PAUL �Yorm Colemnn. ,Nay�or E�ll�PllSI 7� �� Owner/Nlanager Hardee's Food System, Inc. Hardee's ofMidway 369 Hamline Avenue North Saint Paul, tiN �5104 Civit Division 400 Ciry Hall 15 Wut iCe!lagg Blvd. Snint Pau{ .bfinnuora J�/0? tiOTICE OF VIOLATIO�T Tele?hone: 65! 26G87I0 Facsimile: 651 298-56! 9 RE: Restaurant -B license heid by Hardee's Food Systems, Inc., dlb/a Hazdee's of Midway, for the premises located at 369 Hamline Avenue North in Saint Paul - L'acense IA #: 0017430 Dear Sir�adam: On January 12, 2000, the Saint Paul City Council imposed adverse action a�ainst the Restaurant B license held by Hardee's Food Systems, Inc., d/b/a Hardee's of Midway, for the premises located at 369 Hamiine Avenue North in Saint Paul. Part of the adverse action included a 30-day iicense suspension, which was stayed for a period of eighteen months on three conditions, one of which was that the premises wouid be inspected at least monthly during that 18-month period, and that the stay of the suspension could be revoked if the establishment had an unsatisfactory score, defined as three or more criticai violations. On June 28, 2000, the inspection showed rivenry-two (22) violations, of which three were considered critical. On July 24, 2000, the inspection sho�ved twenty-seven (27) violations, of which five were considered critical. Because the inspections aze showing unsatisfactory scores, the Office of License, Inspections and Environmental Protection will be recommending to the City Council that the stay of the 30-day suspension of the Restaurant-B license be revoked. You are entitled to a hearing to contest the determination that you received an. unsatisfactory score. If you wish to have a hearing, you should send me a statement in writin� that you wish to contest the determination that you had unsatisfactory inspections in .Tune and July. If you wish to admit the fact that your inspections resulted in unsatisfac[ory scores, you may send a statement indicatin� that you aze willin� to �o to a public hearing before the Saint Paul City Council to azgue the appropriate penalty. Please contact me no later than Au�ust 21, 2000 to let me know how you wish to proceed. If I have not heard from you by that date, I will Hardee's of Midway August 7, Z000 Pa�e 2 assume that you are not contestin� the fact that you have received ansatisfactory scores on your most recent inspections, and will schedule the matter before the Saint Paul City-CounciI to request the revocation of the stay of suspension of your Restaurant -B license. Please feel free to contact me if you have aay questions about this matter. Sincerely, Ui �� Vir�irua D. Palmer Assistant Ciry Attomey cc: Robert Kessler, Duector of LIEP Christine Rozek, Deputy Director of LIEP Fbi a l,oY, Environmental Heat[h Specialist Neil Buethe, $ri�gs & Morgan, 2200 ln Narional Bank Buildin�, Saint Paul, MN 55101 AUG. 18. �C00 5:07FM HA�DEiS LEGAL t'I�rde¢ro Hazdee's Food Systems, Inc. Legal Aepartment 1233 Hazdee's Blvd. Rocky Mount, NC 27804 FAX COVER SHEET PLEASE DELNER THE FOLLOWING PAGES T0: NA��IE: Ms. Uirginia Palmer LOCATION: Civil D1vLsion PAX NUMBER: 651-298-5619 RE: M1d-Way DATE: August 18, 2000 TIME: 4:58 PM V0.4077 P. 1 �b-3 � TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: W�t+k�Y+t#��F####•i�k#rt*�i#tA#fi}rtW+;k###+FM�Fbwr+R*8*#+Mr*#ktt##R*wk4##fi4�Rerwi«#+F#�R�A*�trt t#YY+tMMti�tYt#�F�+F F120M: Thomas W. Steed, III, Vice PresidenVAssistant General Counsel PHONE NUMBER: (252) 450•8914 FAX NUMBER: (252) 450-8655 , IF YOU DO rOT RECEIVE ALL TFiE PAGES OR HA'VE ANY PROBLEM WITH THIS TR.4PISMISSION, PLEASE CAI.L Tina Flawers at (252) 450-5408.. COMMENTS: THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL Olt ENTITY TO WHICH TT IS ADDRESSED. IT MAY CONTAIN PRNTLEGED, CONFIDENTZAL, ATTORi�1EY WORK PRODUCT, OR TRaDE SECRET INFORMATION 'WHICH IS EXEMPT FROM llISCL05URE UNDER APPLIC.ABLE LAWS. ff YOU ARE NOT THE INI'ENDED RECIPIENT, OR AN EMPLOYEE OR AGENT RESPONSIBLE FOR DELNERING THE i�1ESSAGE TO THL INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT AN'Y DISSENIINATION, DISTRTBUTION, OR COPYING OF THIS MESSAGE I5 STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS vfESSAGE IP I ERROR, PLEASE NOTIFY US IIvMEDIATELY BY TELEPHONE AND RETUR�t THE ORIGINAL i�1ESSAGE ( AND ALL COPIES) TO US BY MAIL AI' THE aBOVE ADDRESS. W� W1I.L REIMBURSE YOU FOR POSTAGE. „� ,,. . ,. _..,... a�s. ia �soo =:oapY� x�RCE�s ��c�� '� 1 ��• .� = Y AS�osiCiery�1C1(ERESTAUAANTS.INC. Ms. Virginia Palmer August 15, 2000 Civil Di�ision 400 City Hall 15 West Kellogg B1vd. Saint Paul, MN 55102 Deaz Ms, Palmer, Y0. ap17 P. 2 Thank you for taking the time to talk witfi me. I am responding to tfie Notice of Viola�on letter you send on August 7, 2000. Based on our current informatian, we do not have grounds to contest the determination that the Fiazdee's of Mid�vay hari unsatisfactory inspecrions in June and Ju1y. However, we are looking into the particulazs regazding the reporu and at a minimum want to preserve all rights to a public heazing before the City Council to explain the situation and azgue the appropriate penalty. Our main objective, howevez, is to provide you with information that can resolve the problem now and without council action. I am the Director of Quatity Assurance for Aardee's Food Systems, Inc. T am located at our corporate office in North Cazolina. It is my responsibilicy to work with our restaurants' management and regulatory agencies to assure food safety, product quality and regulatory compiiance. We have recently employed a staff of field penonnel to coaduct regulazly scheduled and unannounced food safety and quality audits in all of ovr restaurants. 7he siruation at the Midway unit was immediaiely brought to my attention. wiil continue to stay involved with the issues there until that restaurant is meeting the requirements ofthe city of Saint Paul as well as the standazds that are Tequired of all Hazdee's restanrants. The restaurant is currently operating under a stay of suspension. Your lecter informed as that inspections in June and 3uly failed to meet the requirements to continue operaiing under the stay agreement. Unfortunately, the curzent management in charge of that restaurant was not avrare of those violations or even that the resiaurdnt was operating under a stay ageemenL I want to take this opportunity to explain how this occurred. This restaurant had not been meeting Fiardee's sfandazds for some time. Therefore, the entire management team that was previously invoived with the operarion of the Midway restaurant has been replaced. We have assigned a new Regional Director of Opezaaons and 6cought in a new District Manager, General Manager and Facilities Manager. As you and I discussed, it seems that management has been the main problem with the operation of this restauiant. It is our belief that this new team can turn things azound at Hazdee's of �Iidway. RUG-19-2000 16�e3 �EZ P•� � �UG. (8. "[LG� 5:�9Fht i�ARDcES LEG�L VC. i077 P. 3 00-3 � I would like to explain why we aze confident this team is different from the previous Management, Prior to this team taking over, this region ranked at the bottom of our puformance rankings. They aze cunendy ranked second out of our fiftern regions for all financial objecrives. They have already tumed IS of the 20 restaurants in the'u Region azound. Mosi imperrancly, this region will no longer be managed remotely by a person in Wisconsin. Dan Zeliff is the new Regional D'uector oi Operarions. Dan, his wi£e and five children live in the local community and relocated to the region a littie ovec ninety days ago from a proven region in the state of Alabama. Upon Dan's arrival his fixst t�sk was to staff the stores in the 4linnesota region. Only fourteen of the twenty stores had a Genezal Manager. Dan immediately, at greac expense, brought expeiienced managess from afl ovez the country to assist with the issues here. Duzing this timeframe Dan was able to recruit, hize and develop a manager foz evezy location. IJnfortunatefy, before Dan could place a qualified manager into Hazdee's of Midway the outside managers were called back to supezvise their regulazly assigned restaurants. Finally, on August 7`" Dan was able to staff every locarion utilizing his new management and placing a proven General Manager, Glenn Levine, into the Midway location. Glenn immediately terminated the remainder of the staff for disciplinazy reasons. With this new staff and in just one week the store increased sales by twenty percent. We believe he is well on his way to bringing this restaurant back up to the standuds expected for all Hardee's restaurants. Dan was also able to place a proven District Manager over the Midway location by relocating him and his two children from AJabama to the Minnesota azea. He also, at great expense, relocated a Faciliries Technician to assist in addressing the facility issues as well. All the outside support from other proven azeas of the country aze now permanentIy (ocated an the state of Minnesota to continue the progress in this state. Regarding the 7une and July inspections, I am confident that all of the de5ciencies noted either have been or aze beiug cortected. We aze confident these changes will assure immediate and conrinued positive changes for the Midway location. We hope the City of Saint Paul agrees and wi11 consider allowing the restautant io concinue operating under the stay agrezment. We would therefore request the opportuniry for Ban and me to visit wit4i you and the appzopriate pezsonnel from the Office of License, Inspeetions and Environmental Pzotection to discuss a possible altemative to revoking the stay of suspension? n� v- . n .-nnn . � . �� n n� AUG. (2, rC00 6:lOP�i HARDE�S LeGAL `!4 4097 P, d � Thank you very much for your assistance with this matter. If you have any questions or require additional information please call either me at (252) 450-8606 or Dan Zeliff at (612) 758-9236. In any event, I will contact you on Monday to discuss the options. Sincerely, Hardee's Food Systems, Inc. �� / l• ��-� Steve Wei£"ienbach Direc2or of Quality Assurance �� Daniet Ze(iff Re�ional Director of Operatioris Cc: Noah Griggs Bob Stazke Dan Zeliff Tom Steed t LeRoy Russ Neal Buethe Fu�-ie-ze2e i6:za sr� P.e4 UNCONTESTED LICENSE MATTER oo -3 a- Licensee Name: Hardee's Food Systems, Inc., d/b/a Hardee's of Midway Add ress: Council Date: Violation: Date of Violation: Place: 369 Hamline Avenue North January 12, 2000 Violation of Sanitation and Health Codes September 30, 1999 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 30 day suspension of license, stayed for 18 months on conditions: 1. restaurant be maintained in a clean and sanitary condition - monthly inspections during 18 month stay must each receive a satisfactory score; 2. Hardee's district manager must notify LIEP of any change in on-site management within 2 business days; 3. pay a fine of $500.00 within 30 days of passage and approval of the resolution. Attachments: 1. Proposed resolution 2. 12/16/99 letter to Hardee's District Supervisor 3. 12/2/99 Notice of Violation 4. License Information Report 5. 9/30/99 Inspection Report 6. Inspection History 7. License information CIT'Y OF S�INT PAUL Norm Colemarz, Mayor December 16, 1999 Bill Herdzina District Supervisor, Hazdee's 6231 169"' Lane North Ramsey, MN 55303 RE: Hardee's of Midway Deaz Mr. Herdzina: OFFICE OF TI� CITY ATTORNEY Clayton M. Robinson, Jr., Ciry Anorrsey �0-3�- Civi1 Division 400Ci1yHal1 Telephone:651266-8i10 1 S l4est Kellogg Blvd Focsimile: 651 298-5619 Sain1 Pau1, �Lfinnesota Si102 I am enclosing a Notice of Violation dated November 2, 1999 which was sent to the ownerfmanager of the Hazdee's of Midway, regarding adverse action against the licenses held by Hazdee's Food Systems, Inc. for the Hazdee's at 369 Hamline Avenue North in Saint Paul. I received no response to this Notice of Violation by December 13, 1999, the deadline set forth in the letter, and the matter is going to be scheduled before the Saint Paul Ciry Councii as uncontested. Today I was informed by Steven Roy of the Office of LIEP that you had appeared at a management review regazding this facility. I am sending you the enclosed paperwork in case you were not provided with a copy of this correspondence by the manager on Iocation. If this is something that you wish to discuss, please feel free to contact me at (651) 266-8710. Sincerely, �/�� Virginia D. Palmer Assistant City Attomey OFFIC£ 1'HE CITY ATTORNEY Cloylon M. ..,aiuon, Ja, CiryAnorney a O�'3 G1, CITY OF SAINT pALTI, Norm Colemn CivilDivision �4 Mayar 400 CiryXa11 Telephone,- 6S7 266-8710 ISiYestKe!loggB7vd Facsimile:6571g8-S679 Sainl Paul, Hfinnesota 55102 i December 2, 1999 NOTICE OF VIOLATION Owner/Manager Hardee's of Midway 369 Hamline Avenue North Saint Paul, Minnesota 55104 RE: All licenses held by Hardee's Food Systems, Inc., d1b{a Hardee's of Midway for the premises located at 369 Hamline Ave.1V. in St. Paul License ID No.:17430 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Hazdee's Food Systems, Inc. d/b/a Hazdee's of Midway, for the premises located at 369 Hamline Avenue North. The basis for the adverse action is as follows: On September 30,1999 an insQecfion was done of the premises in response to a complaint by a customer that the restrooms were filthy and employees were out back smoking. The investigation found evidence of a filthy toilet in the women's restroom, coated with feces, and found no disposable towels in the men's room, nor was the hand drying device in working order. There were forty-four violation orders issued, and the fotal score for the facility was a 53. A number of the violations were health or sanitation related, including failure to fiave sanitizers used for wiping food preparafion surfaces, employees coming back from break without washing hands prior to preparing and serving foods, and maintaining foods at improper temperatures. This is the fifth inspection since April of 1998, all of them conducted as a result of receiving compiaints that the establishment was generally filthy. Page 2 Hazdee's of Midway December 2, 1999 Saint Paul Legislative Code §310,06(b)(� pe�ifs adverse acfion to be taken against a licensee when the "activities of tlze licensee in the ticensed activify created or have created a serious danger to tlze public health, safety or welfare, or the licensee performs or has performeri lzis or Jier work or activtty in ¢n unsafe manner" and §310.06(b)(8) permits adverse action to be taken when the "licensed business, or tl:e way in wlzich such business is operated, maintains or permits conditions tlzat unreasonably annoy, injure or endanger the safety, health, marals, comfort or repose of any considerabte number of members of the pubfic." The history of unsanitary conditions at this restaurant and the most recent a safety risk to and endanger the health of the public. 00-3�- If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. I'ou will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Heazin„" so you will know when and where to appear, and what the basis for the hearing will be. In either case, please let me know in writing no later than Monday, December 13,1999, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attomey call me at 266-8? 10. Sincerely, �u�', � J�� Virgini�er Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Christopher Dart, Community Organizer, Lexington-Hamline Community Council, ll 60 Selby Ave., St. Paul, M1V 55104 oa-�a STATE OF MINNESOTA 1 ss. AFF2DAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 3, 1999, she served the atEached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Hardee's of Midway 369 Hamline Avenue North St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �1 _ � Cefl Subscribed and sworn to before me this 3rd day of Dec�be� PEfER P.PANGBORN Notary PUb11C � �y�„�yCq�.��res.lan.31�, 00 - ��. � IQ � f X V N � I r- N � � � �rn N U I� � J �N a iv O � t' c6 N C d N � C U c 0 J N w o � e � 0 w _ N v � J � � F'' E N � N a c U � �I N _Q OI N � �! N !� I T �I Z � � ro `o c a U s�- J � a ro 'it z > lJ.� N ? a`� ¢ 'a = v ¢ � O M � � 0 � � LL � Z L�! Q W m � � Q S '"� } � � I � p 0 Z � c W o W � � Q 2 �U c 3 V � � � m 0 � a c a E � Z U O a U C m 3 N _ � � m Z T� QI O U U m 7 � c � 9 E � Z N C N o �, '� M a N N � N ,� N � C U) �' m � _ � F�- � a � � n � � ;� I I � � 1 I ' � I I � I N O � O N la �o .� N L 7 I � I O Q OU iU� � O � I ='a � � 0 t, U a �' rn� � C r� o c � � � L 111 w� N � C � u � J m N •�- N � w N m y U � �a N Q y I� � �� @ �c 4 I.V �; J � � 0 M � 0 0 a m V z w ` ¢ I N Z '�6 � aa Q = O �� Q 0 � � LL � �z w �m � � Q 2 F } � 0 �� N O Z W o W L � m Q 2 � c iU I �I N M �� 1 ' � � a� I iQ X', W; Icl I i u � i�i A �Z I � T' IUi Oi a; {U c �': y� C; f� �' Z' T � N Q O U ° U c @i ��I '�i � n !� � Z d i0 � � � a N ;N � m v � � � m � � � �� N v I � O O O W � W � �� 2 � co N O � O � � � c 0 U N N N � � � R Q � OU U� 00 _ � W 0 � V a Z' rn =_°- � � � O C 3 00 -�3� �i f i �� i � i !i , �� 0 � X N W O � �O cv � o y � N � J � a v 0 � a � c O i7 R � � W d N C d t1 J y � @ N � � � _.1 4 � � w d � N � N Q. F m ,c N �p N N c�,6 U J � � a> m � i e� 3 � Z' �J� U r O � N 7 Z W Q N Z � J �g a ¢ 2 � ¢�o �� ch �n Q 0 � N �' � �Z W �Im Q 'L] Q � _ � � } � 0 O I� � � �� W c � o � �a ¢ _ .� G 7 U C N M � � N c6 � Q W � c L � s E � Z� U O a U � R 7 � � NI ZI _' m� Qi o� U� c �I � N C� � E 7 N C N O M t M a �„ y � a`�i �* C � Im � � � �F � � � Y� N O D> O N 7 a C O V f0 N � N > � (6 O ¢ � V U� 00 v � V a� �, a rn =° rnc N y O C 3 pa-3� CiCy of Saint Pau1 Of£ice o€ License, Insoections aad Environ-e.ta1 Protection 2nvironmental Health 350 St. Peter St., Suite 300 $di?tt Pclll� I✓�L�T 551�2-7.$3.0 iel: 612-266-9030 Fax: 612-266-9124 3STP_c£�SSF�SF31vi : P?,rONSO S3VZLL.A. FnRDE&'S O? MID'v7�Y 369 E?tN,*,Z*T' ;VB N ST. ?PU?, NN 5510?-c007 . '_uYrent Lice. se (s) : R3S^AL'?2F*IT i3} -MORn T"r_�N 12 SBATS Notice � 3 ihis inspection is the result of a com�laint regarding your facility. I£ you thir_k these �rders are issued in error you may appeal their interpretation to the City's Legislative � iearing Oificer by contacting the city Clerk (266-8989)and paying a fee of $25.00. The �egislative Hearing Officer CaN NOT waive the requirements of the Buildirg, Housing, or fiealth 7ode; but he or she can rake reco:nmendations to the City Council concerning LIEP's _nterpretation and application of trie variocs codes. Appeals must be filed within 10 days of :eceipt of this written notice. n insgection of your facility found the following deficiencies, Please make the equired corrections on or before the compliance dzte(s) indicated. If aay of the orrections require changes to the physical structure, building permits may be equired. Your establishment is subject to inspection at any time. �CK DOOR 1,) Ventilation system is not adeauate. VBNT CO�R IS MISSING, Repair or upgrade the ventilation system. Correct by: 10/14/99 Page 1 SNSPECT_OAT 036036 FOOCI f R25 �2llT�P_t Iasoectioa Date: 09/30/S9 E= OS962 - 1 =xRDES'S OF NIDivPY 369 N1=NL22vB : i7g N ST. PAUL N�7 SS10S-cC07 $rC{ P��P �1tZ?� oO -3� Page Z Food/restaurFat Insnection Date: 09J30/99 2.) �ust build up nrese^_t on fz.z cover. ��??v'T COV?�S AT THIS ?,OCATION, {iTCriBN P�7 Ai DIDiI?vG PR3A. Clean or repair Gnd mzzatain a11 £ixtures, vent covers, &nd iatake vents. Correct by: 1Of08/99 Notice n 8 DISH A^ti�A - 1 3.) Ice scoop is improperly stored. BU�2I3D IN IC5 INSID� Th� ICn N,AC:I?v3. - 1 Do not store ice scoop in ice making ;aachine bin unless it is in >n appzoved holder. Store ice scoops in the ice bin with handle up, or inverted outside the ice bin in a cle�n place or in an approved container. Ccrrect by: 09/30/99 Notice n 1 4.) I;nproper utensil being used to serve ice or food. A CONTAINnR (PITC33R7) IS BEING US3D FS SCOOP. Provide and use an approved scoop (with handle) to dispense food or ice. Do not use hands, glasses, paper cups, bowls, or other non-approved iter„s as a scoop. Correct by: 10/07/99 Notice � 1 5.) Ecuipment is in disrepair. DOOR GASI�T OF RBACH IN FREBZE�2, Repair or repZace to meeC National Sanitation Foundation (NSF) Standards. Correct by: 10/14/99 Notice � 1 6.) Eauipment is in disrepair and does not meet NSF standards. AOLES OR GAP ON WALL BETWBEN COVING TILES AND WALL ppNEy (RFP) AT DISH SIlv'K. � _ 2 - 1 Repair or replace equipment to meet ISational Sanitation Foundation (hSr) Standazds, or be approved by the Health Authority. Correct by: SOj30/99 Notice $ 6 . . iiPRDEE' S OF MIDWP.Y 369 HP1dLI1Gfi' AV� �T ST. PAUL NiN 55105-c007 7.� 'r.00dJfilters dII ductxork ^cVE arease c^d Q71'C cCCllRlll�.d�10II O'v^N Ai 3P_�CF.RY P_�:A ZS CLOGGc� u?. 00 - 3�-- Page 3 FoodJRestaur2.t Inspectioa Date: 09/30fy9 x'I?,Ta� A90'V:; cleaa the hood znd filters aad r„aintaia in a grease £ree condition. CorreCt by: 10/07/99 Notice $ 1 8. ) rre�zer hzs heavy frost bu_ld 11D. RF'�.CtI IN r�2ESZBR AT D3c.? r^Ry pSt:,,� Defrost the freezer(s) to allow proper funct±oning. Correct by: 10/07/99 Notice � 1 9.) There are unnecessary arCicles stored in the food establishment. TSA BRaWER SS SITSING ON TOP Oi TAB OVEN 2?�SIDE T'dE HOOD. Remove all unnecessary articles from the premises which are not pertinent to the current operation of this food establishment. Store rerainder of useable items at le�st 6 iaches off floor. Correct by: 10/07/99 Notice � 1 - 10.) Sllegal plumbing is present. DRAIN LI2T' Or 3-COMPARTMSNT SS2v'K IS LEPSQNG Al1 parts of the plumbing system must be installed in accordaace with the Minnesota Plumbing Code. Correct hy: 10/06/99 Notice '� 3 11.) No Zight shields present. Provide effective shielding or shatter resistanC bulbs £or all light fixtures in food or equipment handling and storage areas and provide end caps for fluorescent protective tubes. Correct by: 10/08/99 Notice � 3 � - 1 (- 1)* - 1 - 1 - 1 ��*zD�s � s oa tar�waY 369 HA[dLINS AV'� N ST. PAt7L I�T SS10S-�007 D��tIS TfiRU 60 - 3 �-- � c5e c Food/Restzurant Inspection Date: 09J30/99 12.) 2ce scoon is imoroperly stored. SC3 SCOOP 2S BLZiIBD 2N ICn. (_ i1� Do not stor= ±ce scoop ia ice m�king machine bin unless it is in az ' approved holder. Store ice scoops in the ice bin with haadle up, or inverted outside the ice bin in a clean place or in an approced container. Correct by: 09/30/99 S+otice � 1 13.) Improper dispensing of s_ngle sercice items, SINGL� US� CU?S PNil r3ENC3 FRY CONTA2!Qfi'RS. Dispense single service items in a sanitary m>nner so that surfaces that come into contact with food or the mouth are protected from contanination and handles are presented to the user. Correct by: lOfQ4/99 Notice � 1 FRONT COUNI'SR 14.) Cold food not maintaired at 44 degrees F., or less. TBMPn�A2•iTi2E Or :�ALr^ & unT.F CRnAI�R IS 60 D3G.F. Immediately, maintain aIl cold readily perishable food aC 40 degrees F., or less. Correct by: 09/30/99 Notice � 1 15.) No conspicuous thermometer in cooler or freezez. TEMPEHATURE OF SN�FS,L UNDER COUNTSR COOLnR SS 51.4 AATD GIV2NG OFF BPS1 SI�S"cLL. Provide an accurate thermometer in a conspicuous location in the warmest part of each refrigeration and freezer unit. Correct by: 10/07/99 Notice � 1 - - 1 - 5 - 1 00 -3�-- DE3'S Or h;IDk'e?Y " ' Page 5 riP1dLINr. AT' N cood/Restaurant PAUZ 1+N 55109-4007 Insoectioa Date: 09f30/99 .) ?est strips are being used iroronerly. FLY TRao I,ZGHi =S INSTA;L�D a3 rP-i - 5 (:03ZZTPS,?,Y) eRO:d ?-Y, i00D ?�SP. CO'v?vi33 TO?. � J Do aot use ir.secticide pest strips in unauthozized interior areas. (?est strips �ay oaly be used in tre eaclosed garbzge and refuse storace roors). FLY TRF? L26$T S$OUZD B^ LOCATSJ AT L?AST TERSS (3) F3HT P.WAY FROM P.NY r00] P�P' SII22AC�S. R3LOCAiS cLY T� L2G�iT OR RnMQVS ALL r^OOD FROCUCTS F?.°D S2NGLE U53 ITBI✓S £ZOM T3IS COJNinR p1v'D PVOSD PNY FOOD ?RBp, ACTIVITI3S ON ST. Correct by: 1Of08/99 ?TOtice ;-�, 2 :HS*7 .1 Eot food not r,taintained at 150 degrees F or above. T�MP3RATVRE Or NAM3VRG3R IS 105.2 DBG.r.F1v� 1r.AT OF RO.r,ST B�FF IS 129 DBG.F. 2mTediately, maintain all hot potentially hazardous food zt 150 deczees r^ or above. Correct by: 09/30/99 Notice � 1 ) Food stored on floor. UNCOVy'?�D 90X OF FRY2NG OIL. Do not store food on the floor. Store at least six (6) inches above the floor on anaroved shelving. Dollies may be used for bulk containers o£ food. Correct by: 09/30/99 Notice n 1 ) Equipment is in disrepair and does not meet NSF standards. HANil S'L�SFC FAUCET IS CORRODED. Repair or replace equipment to meet Nationa2 Sanitation Foundation (NSF) Standards, or be approved by the ?iealth Authority. _ Correct by: 11f30/99 Notice ,� 1 - Flies are present in the establishment. Exterminate flies. (- 5) * _ (- 1) * _ 4 Correct by: 10/08/99 Notice � 3 00-3� riP�DfiE'S OF MIDWzY 3 6 9 f�LSISB AVB N Si. PALZ I✓�N 5510�-4007 Pzce 6 ?ood/Restaurant Insnectio� Date: O9f30/99 21,) 2nsuf�icient number o•_` carbaqe and re�use containers oresent. NO YRASFI CONTP=2v�R ?OUN7 P_T I-:F?ZD SI?v{S. Provide zdditional coatainers £or the storsce o£ garbace and refuse, ine containers must be durable, easily cleanable, iasect aad rodent proof and non-leaking. , Correct by: 10J07/99 Notice # 1 22.) Pood equipment is soiled. Clean and maintain all food eauipmeat in a sanitary manner including the followi^.g item(s): INSZD� TOP Or MIC20F�P_b� OVx,'N, BOTTOYi Or Sl✓iALL COOLER F,IGD D002 R.AILS OF CHEST FREc^ZSR. Correct by: 1�/04/99 Notice n 3 23.) Ir.adequate or no saniti2er is being used for in-place cleaning of cowzter tops, tables and other equipaent. NO SANSTZZER DnTECTSD ON A�nT WIPING CLOTF:S, SAW 3NPLOYcE USnD ONLY WATEi2 TO WIPS PRSP SURFACn. Provide an3 use an approved sanitizer at the concentratioa of 50 to 200 ggm of free chlorine or eauivalent. For best results a concentration of 100 to 200 ppm is recomended. Correct by: 09f30/99 Notice � 1 _ 2 _ z - 4 00 -3 �-- i-_a.��.s � s or MSDi+�Y 369 I-�:AIdL21JE AV3 N Si. PAUZ NTi7 55105-5007 2?.) =here is ao SAI_NT pAUL CSZiIr2ED iood ^anager emnloyed by this establisr-ent. Provide and naintain a certified food nar_acar. � A CERTIrI3� sOOD M_nNAG�3 is required i: poteatially hazzrcous foocs are nreoared. You NIiSi emDloy z SA2NT PAIIT� CnRiIFTED rOOD N•_�T�TF.C�R by the listed cate or have someone enrolled z�d paid to attend the next availzble food manacer training class. ------ ��?�OVnD FOOD NzNAGER T�P.iNING COUR.S� PZO�IDSRS are: Minaea�olis Hnviroanental Eealth Department, E11en Fioyt or Rebecca Caulfield, (612)673-3964; Y.en�epin Cownty Environmental Aealth N.anagement, Registration,(612)930-2770; Minnesota Restaurant Fssoc., Sandy Lien, (651)222-7401); fiospitality Institute o€ Tech, znd t✓,anagement, Lynn Hodulik, (651)646-7077); Minnesota Licensed Beverzae Dealers, (651)772-0910; St. Paul Technical Colleae, Caryn N,ohr, (651)228-4306. NOT�: Saint Paul requires a separate Szint Paul Food Manzger Certificate obtained from this office following co-�letion of an approved training course. FILL OUT ie?E 3NCLOSD FL�2LICATION TO OBTASN A CITY Or SA2NT PAUL CSRTIsIBD rOOD MAtC�AGER CBiZT2rICAT3 OR F�`Vr^, SON,nONB SIGNz.D t3P FOR T'rS5 C?,ASS. Correct by: 10/14(99 Notice � 9 25.) rood workers are not washing their haz!cs properly. Ek;?LOY'�S 09SE,2V'�D COMING BACK FZOM BR3AK WIT'dQIIT k�AggING HANDS PRZOR TO SSRVSNG F.T�D PREPARING FOODS. Hands must be washed before beginning work, handling clean utensils, dishes, single service items, or food not receiving £urther heat treatment; also after handling raw food, money or soiled utensils, Correct by: 09f30/99 Notice � 1 26.) Improper sink being used for handwashing. ENPLOY'BS WASH fiA1S�S IN BOTH FOOD SINK AND 3-COMPARTN�i.,NT S2NK Vse handsink for hand washing. Do not �;ash hands in £ood preparation or equipment washing sinks. Correct by: 09(30/99 Notice ,u, 3 Page 7 Food/Restauraat Inspection Date: 09(30/99 - 5 (- 5) * O o - 3 �-- YARDr,n' S OF MID+�RY 369 HFNLINS AL� ?7 Si. PP_U7, MN SS10S-c007 Page 8 Food/�estaurant Insoection Date: 09J30/99 27.) Inadecn_ate or no hair restraints zre aeing korn by foodseivice perso^nel. AT LSFST Q:v^a O� TitiO BS6?LAYBSS OBSER'vJ "v+IiEO'J'i 'rAiR ZBSi�AI?vi. Al1 foodservice perso2nel engaced in =ood preparation and/or utensils washing must wear effective hair restraints at a11 times while on dnty. Correct by; 1pJ07/99 I3otice � 1 28. ) No disposable towels �rovided at handsinlc, NO TOWHL FOLZv'�i AT FSPND SIA"KS BUT AT rOOD SSNFC. Provine znd maintain zn adequate supply of sznitary siagle use towels in a functional dispenser zt each sink. Do not use common towels for drying or wiping hancis. Correct by: 10/07/99 Notice � 3 29.) Nailbrush not provided at hancsink. Provide and r,.aintain a fingernail brush at the employee hancwashing s_nks. Correct by: 10/07/99 Notice � 1 - 30.) Floor is food soiled underneath equipment. UNDER EdAM3iTdGHR GRILL. Clean and maintain floor under all eauipment. Correct by: 1�/07/99 Notice '� 1 31.) Ceiling is hezvily soiled. CnILING TILES ESPECIALLY AROUND t7�NT5. Clean and maintain the ceiling. Correct by: 10/07/99 Notice � 1 32.) Ceiling has a deteriorating surface. SOME CEILING TILES, CEILZNG P,AILS AND DIFFUSERS. . Repair the ceiling. _ Correct by: 11/O1/99 Notice � 5 --- "�__ �l � (- 2)* -i (- 1)* (- 1)* 00 - ��- :;P�DEE'S OF MIDWAY 369 ii�MLINE AV3 N ST. PAJL NN 55104-5007 :�O? S22.{ A�3.$ Page 9 cood/Restauraat Insnection Date: 09/30/99 33.) v;a115 have deteriorati,g sur£Gces. RF? Wp�L 0. b;0? SIIv�d IS P�BLIRG 08r Repaiz and maintain the walls. Cor3�ect by: 1OJ14J99 7GOtice n 5 3iOREROOM 34.) Storing single service items on the floor. Store single service articles at least six (6) inches off the floor osi zpproved shelving. Correct by; 10/07/39 Notice � 1 'OILETS 35,) Ecruipment is in disrepair and does not meet NSr staadards. ?iA2v'D DRY'R IS NOT WORRING IN I+�N'S RBSTROOM, Repair or replace equipment ta meet National Sanitation Foundatioa (iv*Sr^) Standards, or be aoproved by the Hea2th Authority. Correct by: 10J07/99 Notice # 1 - 36.) Toilet room £ixtures are sailed. A T02LET IN wOMEN'S RESTROOM. Clean and maintain toilets, urinals, hand sinks, soap dispensers, hand-drying devices, and a31 related fixtures. Correct by: 10/02/99 Notice � 1 �- 1) * (- 1)* �- 1) * (- 2)+ �.? No disposable towels provided at handsink. IN MrN�S RESTROOM.. . (_ y�t Provide and maintain an adequate supply of sanitary single use towels in a funetional dispenser at each sink. Do not use common towels for drying or wiping hands. Correct by: 1OJ01/99 Notice n 2 - - � - - - --- - --� -- - - -- Y_nRD°E'S OF MiDi4AY 369 HPS✓LINB PV3 23 ST. PALZ MS 55204-4007 00-3�-- Page 10 ?oodfRestaur�.nt InsDectioa Date: 09J30/99 wP�{-IN COOL.;3 38. ) Food uncovered. L'?�TCOV?R%D BUC'�CET O�' ?OOD SITTING DIR�CTLY UNDaZ ?,�n{_,iG CO?�TDSNSER. Keep all stozed foods properly covered exceot during periocs of nreparatio� and service. Correct by: 09/30(99 Notice ;', 1 39. ) Eauipment is soiled. S_h�.LV'S PRS MOI.DY. Clean and maintain, Correct by: 10/07/99 Notice � 1 40.) Coadensate drain is plugged or de£ective. A2a DRAiNS ONTO 3UCKF.T Or cOODS AIv"D FLOOR. Properly maintain condensate drain, Correct by: 10/O1/99 Notice m 3 riALK-IN FR;EZER 41.) Equipment is in disrepair and does not meet A*SF standards. CRACICSD DOOR GASKET. Repair or replace eauipment to meet National Sanitation Foundation (NSF) Staxidards, or be approved by the Health Authority. Correct by; 1Oj14/99 Notice R 3 42.) Freezer has heavy frost build ug. AT DOOR AND INSIDE. � De£rost the freezer(s) to allow proper functioning. Correct by: 10/DSj99 Notice � 3 - - - - — _ . . -� - - � - (- 2)+ (- 1)* (- 1) * (- 1)* (_ 1)# . _--- � � - - - _ � :;: oo- 3Z— F�"v7EE'S Oc^ N:SDi9AY 369 HP?iLINE Ati� N S1. PALZ *4S 55104-5007 �3.) Coving at tre wall/floor jtvzction is nissir_g or defective. Doo:�. P 11 rood/Restauraat =nspection Date: 09/30/99 i:�s_�a s�cx,^ oa Provide aad mzin�ain a coved radius at the wall/floor junction throuahout the establis}zent using the sane material as the floor finish. Correct by: 10J14/99 Ivotice � 5 �4.) ?Go lignt shields present. Provide effective shielding or shatter resistant bulbs for all light fixtures in food or equinment handling and storage areas and provide end caos for iluorescent protective tubes. Correct by: SO/08j99 ivotice n 2 SCORB: 53 * N,ultinle violatio^.s under the same category are not used to dete:^;ir.e score. If you have ��y questions regarding this ir.spection, feel free to call 266-9098. n_LTSRATIOA*5: 9efore an existing establishment is altered, d_tailed drawings snd equipment specificatieas must be submitted and approved by this office. iiiIS ML7ST SE D02SE BEr^ORE OONSTZUCTION BSGII3S. Ii�ANGE OF OS4N'E� OR N�?S7AGEhLNT: 3e£ore a chanoe in ownership or management, his establishment must be brought into total compliance with St. Faul rood ode_ An evaluation must be made by this ofEice to determine if remodeling or quipment changes are necessary before the required transfer can be aDtiroved. 2U2PMENT INSTP.LLATION: Ail newly installed eguipment must be NSF approved : equivalent. Contact the district inspector for further information. �ng Lor, R.S, vironmeatal riealth SpeciaZist II (- i) * (- 11 * ztact Persoa : ALFONSO S^aVILLA Ginger Palmer - hardee3691.wpd Page 1 00 -32- ,.... .� GTY OF SAINT PAUL lNTERDEPARTMENTALMEMORANDUM DATE: TO: �� FROM: RE: November 24, 1999 Wiiliam F. Gunther, Environmental Fiealth Program Supervisor Fong Lor, Environmental Health Specialist II. Hardee s of Midway 369 Hamiine Ave.N. St. Paui, MN. 55104-4007 HISTORY 1499 11/19/99 A partial inspection was conducted as the result of complaints that the establishment is generally filthy. There has been six (6) complaints since the last inspection. Inspection found many of the long standing violations have not been corrected and several complaint items were confirmed; i.e, dirty toilets, broken hand dryer and no paper towels in the rest room, pictures were taken to co�rm investigation. See more detail in inspection report number 36450, dated ll/19/99. 10/29/99 A partial inspection was conducted in response to a suspected food borne illness (FBI) which was made to the Minnesota Departnnent of Health, Epidemiology Division. There was no evidence of possible cause of food bome illness out break discovered during the inspection; district manager, Bill Herdzina, called me the following Monday and provided me ingredients of the egg croissant as follow: Wheat flout, niacin, reduced iron, thiamine, riboflavin, £olic acid, ascorbic acid, enzyme, H liquid hydrogenate, soyabean and cotton seed oil, sugaz; products that are 52%: yeast, whole milk, salt, butter, datom?, ascorbic acid, L-cysteine, fungal enzyme and ADA. 09(30(99 A full inspection was conducted as the result of a complaint that the restrooms were filthy and employees were out at the back smoking. Inside there was long line; Ginger Paimer - hardee3691.wpd Page 2` O O — 32-- Hazdee's of Midway 369 Hamline Ave.N. complainant had to go out to let the smoking employees know that complainant is a customer and wanted service. The investigation did not ftnd employees smoking outside at back azea; however, the dining area does have a smoking section and employees do take break at that section. There was evidence of filthy toilet, one of the toilet in the women's restroom is coated with feces. There was no disposable towel found in men's restroom and the hand drying device was not working at the time of the inspection. There were forty-four (44) violation orders issued and scored fifty-three (53). Violations included: PHFs being held at improper temperature, roast beef at 129 °F and hamburger at 105.2°F and half & half creamer at 60°F. *; employees coming back from break without washing hands prior to preparing and serving foods*; fly trap light being installed ]ess than three (3) feet (horizontally) from food prep surface*; flies present throughout the establishment*; employees wash hands in the food sink*; handsinks have no disposable towels and nail brush; leaky drain of d'ash sink; employees without hair restraints; vent covers are very dusty; and no sanitizer used for wiping any prep surfaces. Note: Manager was David Shahbaz and Alfonso Sevilla, supervisor. 09/14/99 There was a complaint made to the office that this establishment is filthy and possible employee spitted some slimy stuff on a sandwich. No on site response was made due to an investigation that was made on 09/10/99. 09/10/99 A partial inspection was conducted as the result of a complaint that the establishment was infested with thousands of fruit flies. Talked to David Shahbaz, a new manager. He said there were problems with fruit flies but they had just cleaned up and sanitized all the possible azeas of fly attraction and breeding. There was no fruit fly seen at the time of the investigation, but there were some house flies*. A fly trap light found being instal(ed too close (< 3 feet horizontally) to a food prep counter top*. No certified food manager on site. Note: General Manager was David Shahbaz and supervisor was Alfunso Sevilla. 08f I 1/99 There was a food borne illness complaint made to Minnesota Department of Health and was referred to the office. There was no on site investigation conducted due to indication from MDH as "Complaint to be logged in database". 07/09/99 An on site Management Review was conducted u the result of failing an inspection. During this inspection, the inspection report dated 06/28/99 was reviewed and discussed. The faciliTy was slightly improved since the last inspection. Correction schedule was set; see inspection report for more detail. Note: General Manager was Kos 00 - 3'�- Hardee's of Midway 369 Hamline Ave.N. Jahangiri and supervisor was Alfonso Sevilla. 0612$199 A full inspection was conducted as the resu]t of a complaint. The complaint was that the establishment was basically filthy and counter tops were dirty. There was no evidence of dirty counter tops; however, they aze old and hard to keep it clean or not look appealing. There were thirty-six (36) violations found and scored sixty-four (64). Violations included: openings present ailowing the entry of vermin (door was propped open)*. Improper concentration of sanitizer in the dish washing sink (<SOppm)*. Floor food soiled under 3-compartment sink and ice machine. Milk, a potentially hazardous food (PHF), is being held in a cooler with temperature of 58° F*. Handle of an ice scoop was buried in ice. Flies present in the establishment*. No sanitizer detected on wet wiping cloths used for wiping food prep surfaces*. No hand sinks were functioning. Employees were washing hands in the food sink and dish sink*. No towei found at hand sinks. No cover on waste bin found in women's restroom. Bucket of uncovered food found stored directly under Ieaky condenser of the walk-in cooler. Exterior of walk-in freezer door was food soiled. Two tickets were issued; one for not using sanitizer under the City of St. Paul Legislative Code Chapter 331.13. Another for not having a certified food manager with sixth notices under Chapier 331.24 of the Legislative Code of the City of St. Paul. Note: General Manager was Kos Jahangiri and supervisor was Alfonso Sevilla. 04/30/99 A complaint was made to the office that the faci(ity is generally filthy. There was no on site investigation conducted due to a similaz complaint and was investigated previously. 04/15/99 A partial inspection was conducted as the result of a complaint that the establishment is generally filthy, disgusting, found hair in the food and made the complainant sick after eating food from the establishment. There was no evidence of no hair restraint used that could possibly cause hair in food or excessive filth..,etc. at the time of the inspection. Empioyee found grabbing rims of cups and used as scoop to serve ice to customers. Hood(filters found food soiled; no certified food manager on staff. Note: Manager was Richard Anderson. 1998 09/28/98 A full inspection was conducted as the result of a complaint. Complainant stated that there were cockroaches in establishment and she found two of them in her sandwich. There was no evidence of cockroach; there were a total of thirty (30) violation orders issued and scored seventy-five (75J. Critical violations aze: PHF (milk) being kept in cooler at 58° F.; flies present in the establishment and no sanitizer detected in bucket of •Criticai Viola6on Ginger Paimer - hardee3691.wpd, Page 4 �0 �� Z— Hardee's of Midway 369 Ham{ine Ave.N. sanitizing solution and on wet wiping cloths. Note: manager at the time was Richard Anderson. 08l10198 A partial inspection of the establishment was conducted as the result of a complaint that the facility is generally filthy, inside, outside and under any counters. There were evidence of vents and vent covers and ceiling tiles that were very dusty or tiles were missing. Violations include: vent cover dusty; ceiling tiles missin� above ice bin and cups were used to scoop ice for customers. Note: Manager was David Erewer. 04/17/98 A full inspection was conducted as the result of complaints that the establishment was generally dirty and employees were coughing on the foods and serving foods with dirty hands. There was evidence of possible dirty hands; there was no towel at the handsink. There were thirry-four (34) violation orders issued and scored seventy-four (74). Violations included: verns and covers were dusty; equipment is in disrepair (cooler door not closed properly due to dattiage), ceiling tiles and light shie3d soiled, no towel found at hand sink, no sanitizer detected in bucket of sanitizing solution and on wiping cloths*, PHFs not properly thawed (at room temperature) and grouts on floor were missing. Note: Manager was Dave Brewer. 1997 12/01/97 There was a complaint made to the office that complainant bought hamburger there at the end of August and it appeazed old and green. There was no on site inspection conducted per Gary Pechmann since the complaint was made about three (3) months after the actual situation and because of a recent inspection. 1 I/OS/97 There was a complaint made to the office that there were syringes found in pazking lot and trash in the dumpster were overflowing. There was no on site response or investigation due to recent inspection. 10l31/97 A partial inspection was conducted as the result of a complaint that the facility is dirty and food is stale and old, Inspection found no evidence of old or stale food; products came in every four days according to manager, Delane Benson, during this inspection. Violations were: coving of walk-in cooler was missing; and floor food soiled. 08/18/97 A full roufine inspection was conducted; there were twenty-three (23) violation orders issued and scored seventy-five (75). Violations aze: equipment is in disrepair (door gaskets of cooler and freezer torn); cooks found prepazing food without using hair restraints; ice scoop handles buried in ice; PHFs found storing/keeping at improper temperature (chicken and roast beef at 128.6 °F and 143.6 °F.)*; flies present*; food equipment soited (interior of ice machine); no sanitizer detected on wet wiping cloths and 'Crirical �7olafion inger Pa mer - hardee3691.wpd � �Page 5� ao - Hazdee's of Midway 369 Hamline Ave.N. in bucket of sanitizing solution*; and no light shields in walk-in cooler. Note: Mana�er was Delane Benson. 06/OS/97 A Management Review was conducted in the LIEP O�ce as the result of failure to pass the inspection dated OSlQ7/97. During the Review, the inspection report referenced above was discussed and correction time line was scheduled. Note: Manager was Tim Kiava. OS{07t97 A full iaspection was conducted as the result of a food bome illness (FBI) complaint that the complainant was there and ate roast beef and mashed potato gravy and got sick with vomiting and diarrhea with some dizzy feeling. There were twenty-two (22) violation orders issued and scored sixty-nine (69). Violations included: equipment is in disrepair (cooler and freezer door gasket torn); PHFs found stored at improper temperatures (chicken and roast beef at 133.8 and 122.9 °F*; exterior door is not rodent proof (opening undemeath back door)*; no sanitizer detected on wet wiping cloths and in sanitizing solution bucket�'; and poisonouskoxic materials stored above food (multipurpose cleaners stored with and above food)*. Note: Manager was Tim HIava. 1996 OS/09/96 A partial inspection was conducted as the result of a complaint that when the complainant got home the ultimate cheese burger that was purchased from there was with a bite taken out of the burger. There was no evidence found during the inspection. Note: Manager was Tim HIava. 01l25/96 A partial inspection was conducted as the result of a complaint that the cheese burger that complainant bought from the establishment tasted funny and he became ill with chills and fever, vomiting and cramps at 4:OOam the next day. There was no evidence of old food or adulterated food; food (burger) were held for ten (10) minutes in a numbering hot holding system. Note: Manager was Tim HIava. �995 12/14/95 There was a complaint made to the office that a male staff used his teeth to separate ice cream cut and used one of them to fi11 with ice cream for customer. The complainant also found a piece of hair in the ice cream. There was no on site investigation conducted. 12f04f95 A full inspection was conducted as the result of a complaint that the whole establishment was generally filthy, i.e. ceiling tiles had never been cleaned. There was no evidence of dirty ceiling tiles because they were replaced. There were eleven (11) viotation orders issued and scored eighty-four (84). Violations included: wall with • crihw� v;o�ason Ginger Paimer - har ee3691.wp , Page 6 �� . Hardee's of Midway 369 Hamline Ave.N. deteriorating surfaces; no thermometer found in cooler; exterior door not rodent proof*; storing raw above prepared or cooked food�; and interior of ice machine is food soiled. 01/12J95 There was a full inspection conducted as the result of a complaint that the establishment was generally fiithy, grease, gazba�e all over the place and uncovered frozen chicken sitting in the cooler...etc. Investigation found no evidence; there was ten (10) violation orders issued and scored eighty-five (85). Violations included: no back flow preventor at control valve downstream from the water line*; floor food soiled; wall food soiled; toxic/poisonous material/chemical agents stored above utensils*; and food equipment was food soiled. 1994 12(04/94 A full inspection was conducted as the result of a complaint of a possible food bome illness (FBI). Complainant and daughter ate chicken sandwiches and both got sick with abdominal pain, cramps, nausea and diarrhea. No mentioning of confirmed FBI, but required follow-up. There were nine (9) violation orders issued and scored eighty-five (85). Violations inciuded: poisonousJtoxic materials or chemical agents being stored above food*; PHF being held at improper temperature (121°F)*; equipment is in disrepair (coo]er door gasket cracked); improper dispensing of single use items and unnecessary hazardous chemicals present*. 06/21/94 There was a full inspection conducted as the result of a complaint that insect (ant like) found in food items that bought from the establishment. There was no evidence of possible insect in food at the time of the investigation. There were ten (10) violation orders issued and scored eighty-one (81). Violations included: refrigerator overcrowded*; poisonousftoxic materials stored above food*; PHF being held at improper temperature*; equipment is in disrepair; and unnecessary hazardous chemicais present*. Note: there were no inspection reports found in fi]e prior to the above date; there were thirty-six (36) inspections conducted since Mazch 26'" , 1991, an average of four (4) inspections conducted yearly in ihis establishment. There were thirty-one complaints made to this office since February 2°", 1990 and sixteen (16) complaints made this yeaz since April 11 `", 1999; not to mention police response. There are three (3) additional complaints made since the last inspection, 11/19/99. 'Crifical Violapon p 0 - '3 �-- Atldress � � � ��{� I � � CartlholUer � I Type: C property �' �censee C Unofficial C All Streel#: 69 Street Name: LINE SYreet Type 1-�1+'':�9 DiYecho¢ <Alb v; Unit #. �—� CRY �All> ` � �S. ,�.� �C'� . � m ^� �'`+§�.�P.'�?+ 2 .._r�,o4P ..' ...�`@�4�.'t�� "' �" ��secNwt�. , c�„'� $�t:Ycex'isa,�pe rS efus"" ��'�_ � 1 �y - s � FL4RDEE'S FO00 }tARDEES OF MIDW,1 F Atarm PermR (Rene Delmqurnf��crnse E Y � ,False Alarms . .. Active ` �t; - Fe��`f5?�� ,:�� . ,s F� : Cenea ��`s,� �� .� ,"� �_, � ... � c ri999 ao - 3�-- Adtlre � TYPF-. �i'N.�-x �;� . j:= �,peim4 Stre i � License � Stre� C� p�operty Dlre�t 51reet # — i �� ; SYreet IJeme: +` StreetType: crt� � Und intl Cdy I STate: Ward � 6ist Counci4' _f : Licensee: � � � i DBA � .g �, �; 1 Saies Tax Id � aRD Licensee 1 Lic.iypes �' Licensee C", Unofficial Qirection: Un #' Licensee t1ARDEE'S FOOD SYSTEMS iPdC DBA ARDEES OF MIDVJAY Imurarme � Bontl � Requiremer�ts � � Project Fac@ffior. MARTENS, CORINNE � Adverse Adion CommerAs CommeMs: Zip: $5704 � i�DA199 Per EH, to CAO for adverse action due to , fgrass unsanM1ary contli�ons CAR i€� CommeMS. J i1�t743� SeveChangestaFGStwy 00 - 3'>- Typft .�R'-�^� � �-� x° Licensee�iARDEE'SFOODSYSTEMSINC P�` �� -� � �� "�� DBA ROEES OF MIGWAY Stre Stre 3 �cense Licensee � Lic. Types � Insurance � Bantl l Requicemerls 4 .-.-__.._, Stre ` Licensee Neme: ARDEES FOOD SVSTEMS WC ��,, Dire�� DBA: ARDEESOFMIWVAY Unrt�; SsksTexid 845676 Non-Protd'(� Worker'sCOmp: NOR10D0 �^P��etx1eS��: : AA CorRrac[ ReCtl: ONOiD000 AA Treining ReCtl: OAON000 Cdy. ` ; AA Pee Collected: ONON000 DiscrourR Rec'd r Other F enc Licenses Financiai Haid Reasons �'"�e��9:?� ee. n:� . �ic�l �ame°_:�= � -MeJ License To: �; r M�nl To Cordact '' �' LicenseAtluess 3-+' - � Mal lnvoice To: —� r Mail To CorrteU � @F�, C License Aduess � Backqrountl Check Requiretl r I � � _ _ f v' � � j i . � � ■ � � , � �� `� t � �, , ,� _ �� , 9, - , ,�'; , � ��., . ._, ;.��,�._ - �ga. a w . m� . �.l1:. - ...9 - .ti'M Y . �� "0 ,• 'tv 1 b i f I '1 '; � - �� '�� "� � 1 ..m■� � - .,, � I 6� � � � � � � � i . _.,,:�-. ,.. �� \ �r �` '� �+�tr�r .. �' C' a , ,� -� � .:i � � � 0 � W � � � . a 0 i W � Su�S�(ITu�G — ��lal c�rd, i�mev��ec` RESOLUTION CITY OF SA�NT PAUL, MINNESOTA Presented By Referred To WHEREAS, the Office of License, Inspections and Environmental Protection began adverse action against the Restaurant - B license held by Hardee's Food Systems, Inc., d/bla Hardee's of Midway for the premises located at 369 Hamline Avenue North for chronic sanitation and health issues; and 2 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Council File # (7� — � � CneenSheet# lCYJ3 ' i � �� i� e - �� WHEREAS, the licensee did not contest the facts stated in the Notice of Violation, but the premises had been cleaned up and the district manager indicated that there was a new manager at the time of the most recent inspection; now, therefore, be it RESOLVED, that the Restaurant - B license held by Hardee's Food Systems, Inc. dib/a Hardee's of Midway, for the premises at 369 Hamline Avenue North is hereby suspended for a period of 30 days, said suspension stayed for a period of 18 months on the following conditions: 1) That the restaurant be maintained in a clean and sanitary condition at al1 times. The Office of LIEP shall inspect the restaurant at least monthly during the 18-month period and Hardee's of Midway must receive a satisfactory score during each of said inspections. If the licensee receives an unsatisfactory score (three or more critical violations � e , they shall be entitled to a hearing to challenge the results of the inspection prior to revocation of the stay of the suspension above. However, nothing herein sha11 be deemed to prevent the Office of LIEP from implementing an emergency closure pursuant to Saint Paul Legislative Code §331.06. 2) That the district manager must notify LIEP of any change in the on-site management within tw l�usiness days. �� o�000 3) Tt�at the licensee pay a fine of $59 .9�Cdt�Yto be paid to the Office of LIEP within thirry days of the passage and approval of this resolution. ��j tl� j Oo-3a 2 Tlus resolution and the action taken are based upon the facts contained in the Norice of Violarion 3 letter dated December 2, 1999 and such arguments as may have been presented to Council at the 4 public hearing. Requested by Department of: ay: Apps By: By: Form Appr v d by City Attorney BY: , J� f-12-Zvoo Approved by Mayor for Sub�' sion to Council By: Adopted by Council: Date QM �� oC�� Adoption Certified by Council ecretary 00-3�. �� William Gunther 2000 - P. wrt TOTAI � OF StGNATURE PAGES GREEN SHEET ,�.�� No 1 v ��77 ❑ anwnauer ❑ Crtraauc ❑ wuxNLaFRrwcsooe. ❑ n�wau.aomKero ❑ WYORI�YOT4if) ❑ {CIiP ALL LOCATIONS FOR SIGNATURE) Resolution concerning adverse action against all licenses held by Hardee's Food Systems, Inc., dba Hardee`s o£ Midway, 369 Hamline Avenue North. (UnconCested) PLANNING CAMMISSION CIB CAMMITTEE GVIL SERVICE COMMISSION IF APPROVED OF TRANSACTION f SOURCE (FJ(PLAIN) Fles il�s persmKrtn everv�o'ked under a cot�tlaCtfafthis departmetlY7 vES NO Has tlws P�derm eMer been a dlv dnobfree4 YES NO Doea this DeisoNfirm D� a sldll not riormal�YDOSSessetl bY any arrent citY emPbY� YES NO le Mia peieaNfirm atarpeted venda(t VES NO COST/itEVQJUE BUD6E7ED (dRCLE ON� ACTNITY NWABER YE5 NO V Council File # 00 - 3'3. RESOLUTION Presented B; Refened To Green Sheet # _1gp�e� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VJF�REAS, the Office of License, Inspections and Environxnental rotection began adverse action against the Restaurant - B license held by Hazdee's Foo ystems, Inc., dlb/a Hardee's of Midway for the premises located at 369 Hamline Avenue orth for chronic sanitation and health issues; and WHEREAS, the licensee did not contest the facts state in the I3otice of Violation, but the premises had been cleaned up and the district manager ' icated that there was a new manager at the time of the most recent inspection; now, refore, be it RESOLVED, that the Restaurant - B license d by Hardee's Food Systems, Inc. dlbfa Hardee's of Midway, for the premises at 369 Haml' e Avenue North is hereby suspended far a period of 30 days, said suspension stayed for a p od of 18 months on the following conditions 1) That the restaurant be mainta ed in a clean and sanitary condition at all times. The Office of EP shall inspect the restaurant at least monthly during the 18- nth period and Hardee's of Midway must receive a satisfactory s te during each of said inspections. 2) That the district ager must norify LIEP of any change in the on-site manage ent within two bus'vness days. 3) That the li nsee pay a fine of $500.00, to be paid to the Office of LIEP wi in thiriy days of the passage and approval of this 1 2 3 4 0�-3� This resolution and the action taken are based upon the facts contained in the Notice of Violarion letter dated December 2, 1999 and such azguments as may have been presented to Council at the public hearing. Adopted by Council, Date Adoption Certifi�d by Council Secretary BY: Approved by Mayor: Date Requested by Department of: $Y: �f ��QFG� Form Approved by City Attorney sy: '(/ ✓ � Approved by Mayor for Submission to Council Hy: By: OFFICE OF TFIE CITY ATTORNEY ' Clayton M. Rodiruan, Jt, City Attoarey �� `� � CITY OF SA1NT PAUL Norm Coleman, Mayor December 29, 1999 Civil Division 400 City Ha11 Telephone: 651266-8710 IS West Kellogg Blvd Facsimile: 65I 298-5619 Saint Paul, Minnesota 5�102 NOTICE OF COUNCIL MEETING GoLkr��i �esea°Uh �en'�r Owner/Manager Hardee's of Midway � � � � � ; �� 369 Hamline Avenue North Saint Paul, Minnesota 55104 RE: Ail licenses heid by Hazdee's Food Systems, Inc., d/b/a Hardee's of Midway for the premises located at 369 Hamline Ave. N. in St. Paul License ID No.:17430 Dear SirlMadam: Please take notice that a hearing conceming the above-named establishment has been scheduled for 5:30 p.m., Wednesday, January 12, 2000 in the City Council Chambers, Third Floor, Saint Paul City Ha11 and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested hearing, in that the facts concerning the violation of sanitation and health codes have not been denied. You will have an opportunity at the Council hearing to present oral and/or written remazks as to the penalty, if any, to be imposed. If you have any qixestions, please ca11 me at 266-8710. Very truly yours, �� Virgmia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Christopher Dart, Community Organizer, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paui, MN 55104 ; � ��_ 3 � 3�► January 12, 2000, City Council Action Minutes 30. � Page 6 Resolution - 00-32 - Conceming adverse action against all licenses held by Hardee's Food Systems, Inc., dba Hardee's of Midway, 369 Hamline Avenue North. Subsritute introduced, amended and adopt eas - 7 Nays - 0 (The O�ce of License, Inspectio and Env�ron al Protection was requested to provide a report to the Counc' on July 11, 2001, reg rding their inspections of sanitary and health conditions at this abtishment) 31. Resolurion - 00-33 - Conceming adverse action against the Malt Off-Sale Liquor License held by Paul Kamp, dba Kamp's, 1059 Westem Avenue North. (Uncontested) Adopted as amended Yeas - 7 Nays - 0 32. Resolution - 00-34 - Concerning adverse action against the Auto Body Repair Garage License held by Steve's.Auto Body, 1196 7th Street East. (i3ncontested) Adopted as amended Ye�s - 7 Nays - 0 33. Resolution - 00-35 - Endorsing the West Side Flats Development Strategy as the overail vision for the area between Robert Street, Wabasha Street, Plato Boulevazd, and the Mississippi River. Adopted Yeas - 7 Nays - 0 34. Resolution - 99-999 - Ordering the owner to remove or repair the building at 559 Lawson Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Ofticer recommends the owner be givea six months to rehabilitate the building provided a$2,000 bond is posted by noon February 16, 2000) (Laid over from October 13, 1999) Adopted as amended (per recommendation of the Legislative Hearin� Officer) Yeas - 7 Nays - 0 35. Resolution - 00-14 - Ordering the owner to remove or repair the buiiding at 762 Lafond Avenue within fifteen (15) days from adoption of resolution. (Legisiative Hearing Officer recommends allowing the owner six months to complete rehabilitation provided a $2,000.00 bond is posted, a code compliance inspection is comQleted, and the vacant building fee is paid by noon on January 5, 2000) (Laid over from January 5) Adopted (Remove or repair within 15 days) Yeas - 7 Nays - 0 36. Appeal of Richazd Brown to a Summary Abatement Order for property at 1763 Thomas Avenue. (No action required; the abatement order was withdrawn as the property is in compliance.) No action required �b Page 1 of 4 CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: July 11, 20Q1 TO: William F. Gunther, Environmental Health Program Director FROM: Fong Lor, Environmental Health Specialist II. �� RE: Hazdee's of Midway 369 Hamline AveN. St. Paul, MN. 55104-4007 HISTORY 2001 07i10101 A monthly routine full inspection was conducted and found nine (9) violations, of which one (1) was considered critical. It was the pop dispensing nozzle soiled. Manager met on site was Katherine Fox. 06/20lO1 A monthly routine full inspection was conducted. There were five (5) violations, of which one (1) was considered critical. It was the inside top of the microwave oven was food soiled. Manager met on site was Chris Ambe. OS/09/01 A monthly routine full inspection was conducted and found six (6) violations. There was one (1) violation considered to critical. That was the leaky drain line behind the pop dispenser and ice bin. Manager met on site was Chris Ambe 04l10/Ol A monthly full inspection was conducted and there were nine (9) violations found. There were three (3) violations considered to be critical such as leaky faucet of the 3-compartment sink, temperahue of diary cooler was 44.2°F. and low sanitizer concentration in buckets and in the 3-compartment sink (2"� notice). Manager met on site was Katherine Fox. 03I20I01 A monthly full inspection was conducted. There were nine (9) violations, of which one (1) was considered critical. Manager met on site was Katherine Fox. Page 2 of 4 02/14/Ol A monthly routine full inspection was conducted and found two (2) violations, of which none was critical. Manager met on site was Chris Ambe. O1/22/Ol A fixil inspecrion was conducted as the result of complaint of possibte food bome illness. There were six (6) violations, of which none cons�dered critical. Complaint was unable to verify. Manager met on site was Chris Ambe. HISTORY 2000 12/27/00 A monthly inspection was conducted and found ten (10) violations. There were three (3) violations considered to be critical. They were soiled pop dispensing nozzles, dtinlcnig open cup in food pTeparation area and bottom of prep cooler soiled (2"' notice}. Manager met on site was Chris Ambe. 11/17/00 A ful] inspection was conducted as the result of a possible food bome illness and found six (6) violations, of which four (4) were considered criticai. They were spray bottle of toxic chemical without label, no sanitizer detected in sanitizer bucket, soiled bottom of food prepazation cooler, and temperature of spicy chicken was at 123.4°F. Complaint was unable to verify. Manager met on site was Glenn Levine. 10/OS/00 A full inspection was conducted to determine the reopening of the establishment after a four (4) days voluntary closure, The inspection found one (1) non-critical violation. The establishment was approved by Steve Roy, Acting Supervisor, to open. Managers met on site were Mike Rubner and Dan Zeliff et. al. 10/03/00 A partial inspection was conducted as the result of the voluntary closure to look at construction and remodeling progress. A list of repair items was issued. Previous orders were not reviewed in this inspection. Met with construction supervisor, John and Hazdee's QA, Mike Rubner. 09/19/00 A monthly full inspection was conducted and found nine (9) violations, of which two (2) were considered critical. They were soiled pop dispensing nozzles and soiled bottom and wall of prepazation cooler (7"' notices), unable to review because doors were nailed in with screws. Manager met on site were Glenn Levine, et a1. 08/21/00 A monthly full inspection was conducted found fifteen (15} violations, of which five (5) were considered critical. They were leaky drain of 3-compartment sink, no sanitizer detected in sanitizer bucket (2nd norice), unable to review because no bucket used, unproper back-IIow prevention device for constant pressurized spray nozzte, food soited of inside top of micrawave oven and soiled 'mside wall and bottom af food preparation cooler (7`� notices). Manager met on site was John p o-3 a- Page 3 of 4 Ybarra. 08/18/00 A letter from Hardee's Food System, Inc., Thomas W. Steed, III, Vice President/Assistant General Counsei responding to the Notice of Violation letter from the City Attomey's Office. See attached copy. 08l07/00 A Notice of Violation was sent to Hazdee's Food System, Inc. regarding the inspection reports 6/28/00 and 7/24(00. The Notice was to recommend to the City Council that the stay of the 30-day suspension of the license be revoked. See attached copy. 07f24(00 A fuli inspection was conducted as the result of a complaint about sanitary condition of the drive through window. The inspection found eighteen (18) non- critical and five (5) critical violations. Critical violations were toxiclpoisonous chemical stored above food preparation sink (2"d notice), ice scoop handle buried in ice (2nd notice), no sanitizer detected in sanitizer solution bucket, meat at room temperature (69°F) and soiled inside wa11 and bottom of food prep cooler (6`n notices). Manager met on site was James Hall. This is the second inspection that found this establishment has tt�ee (3) or more critical violations which is in violation of the City Council Resolution. These reports were submitted to the City Attorney's Office for further enforcement action. In addition, citation was issued for failure to clean and maintain food equipment on sixth notices and employ a certified food manager on eighteenth notices. 06/28J00 A monthly full inspecrion was conducted and found eighteen (18) non-critical and three (3) critical violations. Critical violations were toxiclpoisonous chemical stored above food prepazation sink, leaky drain of the 3-compartment sink and soiled inside wall and bottom of food prep cooler (5`� notices). Manager met on site was Alfonso Sevilla. 05/22/00 A monthly fiili inspection was conducted and found eighteen (18) violations, of which two (2) were considered critical. They were soiled pop dispensing nozzles and soiled inside wall and bottom of food prep cooler (4`h notices). Manager met on site was Alfonso Seviila. 04I28I00 A monthly routine inspection was conducted and found nine (9) violations, of which one {1} was considered critical. It was no saniti2er detected in sanitizer solution bucket. Managers met on site were Alfonso Sevilla and Brad Smith. 03(23(00 A monthly routine inspection was conducted and found seventeen (17) violations, of which two (2) were considered critical. They were toxiclpoisonous chemical without labei and inside top of microwave oven soiled (8`� notices). Manager met on site was Alfonso Sevilla. 1 Page 4 of 4 02/03/00 A monthly routine inspection was conducted and found fifteen (15) violarions, of which three (3) were considered critical. They were no certified food manager (13`� notices) and roast beef at 1273°F. Manager met on site was Dwyane Beene. Ol/10/00 A partial re-inspection was conducted as the result of a Management Review of the establishment. There were five (5) violations, of which two (2) was considered critical. They were the inside top of the microwave oven was food soiled and no certified food manager (12`� notices). CITY OF SAINT PAUL Norm Colentan,Mayor .' INSPEeTIONREPORT fIARDEE'S OF MIDWAY CHRIS AN1BE 369 fIAMLINE AVE N ST PALJL MN 55104-4007 OFFICE OF LICENSE, INSPEC7IONS AND V(/ �� C ENVIItONNiENTAL PRO'C6CTION Roger Curlis, Direcror LOWRYPROFESSIONAL BUILDINC Telephone; 651-2669090 350 St Peter Slreet, Suite 3Q0 Facsimife: 651-2669099 Saint Pmel,Minnuoia SSIO�ISIO 651-2669124 We6SiteAddress: mvw.ci.stpaul.mn.usJtiep Inspection Type: Restaurant Inspection Inspection: 01211537 Inspection Date: 7uly 10, 2001 Contact Person: KATT-�RINE FOX Inspection results for: This inspection was the result of a review of your establishmenUproperty, An inspection of your facility found the following deficiencies. Please make the required corrections on or before the compliance date(s) indicated. If any of the corrections require changes to the physical structure, building permits may be required. Your establishment is subject to inspection at any time. DISH AREA Equipment is in disrepair. DOOR GASKET OF FREEZER. All equipment and components must be in good repair, maintained and adjusted in accordance with manufacturer's specifications and/or complies with NSF Intemational Standazds. (MN 4626.0735) Comply by: 03/28/2001 Severity: NonCritical FRONT COUNTER Notice #: 5 Food contact surfaces are soiled. POP DISPENSING NOZZLE AT DRIVE THROUGH WINDOW Ciean and sanitize food contact surfaces of equipment and utensils: 1. before each use with a different type of raw animal food; 2. each time there is a change from working with raw foods to working with ready to eat foods; 3. between uses with raw fiuits and vegetables and potentially hazardous foods; 4. before using or storing a food temperature measuring device; 5. at any time during the operation when contamination may have occurred. (MN 4626.0845) CORRECTED DURING INSPECTION Comply by: 07f llf2001 Severity: Critical FRONT COUNTER Notice #: 1 Improper dispensing of single service items and/or multi-use utensils. CUP COVERS ARE LEFT ON COUNTER TOP INSIDE UP. Dispense singie-service items in a sanitary manner so that surfaces that come into contact with food or the mouth aze protected from contamination and handles are presented to the user. (MN 4626.0965) Comply by: 07/12/2001 Notice #: 1 Severity: NonCritical Page 1 GENERAL Intake and exhaust air ducts or filters aze not clean. VENT COVERS ARE DUSTY Clean and maintain all intake, a�aust and air ducts including a11 fxtures, vent covers, and intake vents. Change filters as needed so they aze not a source of contamination. (MN 4626.1530) Comply by_ 07/17/2001 Notice #: 1 Severity: NonCritical KITCHEN The non food-contact surfaces of cooking equipment aze soiled. BOTTOM OF PREP COOLER Clean a11 non-food-contact surfaces of equipment at a frequency necessaty to preclude accumulation of soil residues. (MN 4626.0855) Comply by: 07/17/2001 Notice #: ] Severity: NonCrirical KITCHEN The floors, waAs or ceilings are not being cIeaned and maintained. WALL AND FLOOR BEHIND GRILL. Clean and maintain the floor under all equipment. (MN 4626.1520) Comply by: 07/13/2001 Notice #: 1 Severity: NonCritical KITCHEN Wiping cloths aze not being properly stored or used. WET WIPING CLOTH STORED ON TOP OF CHEST FREEZER Store wiping cloths clean and dry ar in an approved sanitizing solurion of 50 to 200 ppm chlorine or equivalent. A concentration of 100 to 200 ppm is recommended. (MN 4626A285) Comply by: 07/11/2001 Notice #: t Severity: NonCritical KITCHEN Equipment is in disrepair. GAP EETVJEEN WALL AND HAND SINK AT FRONT. Ail equipment anc3 components must be in good repair, maintained and adjusted in accordance with manufacturer's specifications and/or complies with NSF International Standazds. (MN 4626.0735) SEAL HAND SINK TO WALL. Comply by: 07/17/2001 Notice #: 1 Severity: NonCritical MOP SINK AREA Openings around ufility lines are present . AROUND PLUM$ING THROUGH FLOOR. Properly seal off and finish openings where plumbing, electrical or other utility service lines and pipes go throngh the floor. Silicone caulk is recommended. (NIN 4626.1340) Comply by: 07/24/2001 Notice #: 1 Severity: NonCritical Pa�e 2 CRITICAL DEFICIENCIBS: Deficiencies with a Severity of CRITICAL are MORE LIKELY to contribute to food confamination, illness, or environmental degradation. O Q� 3 a NONCRITICAL DEFICIENCIES: Deficiencies with a Severity of NONCRITICAL aze LESS LIKELY to contribute to food contamination, illness, or environmental degradation. ALTERATIONS: Before an existing establishment is altered, detailed drawings and equipment specifications must be submitted and approved by this office. THIS MUST BE DONE BBFORE CONSTRUCTION BEGINS. CHANGE OF OWNER OR MANAGEMENT: Before a change in ownership or management, this establishment must be brought into total compliance with the Saint Paul Food Code. An evaluation must be made by this o�ce to determine if remodeling or equipment changes are necessary before the required transfer can be approved. EQLTIPMENT INSTALLATION: All newly installed equipment must be NSF approved or equivalent. Contact this office for fiirther information. If you think these orders are issued in error you may appeal their interpretation to the City's Legislative Hearing Officer by contacting the City Clerk @(651}266-8984 and paying a fee of $25.00. The Legislative Hearing Officer CAN NOT waive the requirements of the Building, Honsing, or Heaith Code; but he or she can make recommendations to the City Council concerning LIEP's interpretation and application of the vazious codes. Appeals must be filed within 1� days of receipt of this written notice. If you have any quesfions regazding this inspection, feel free to call the inspector @:651-266-9098 Fong Lor R.S. Environme�l eaith Specialist Copy to: HARDEES FOOD SYSTEMS INC HARDEE'S FOOD SYSTEMS INC. (STEVE WEIFFENSACH) HARDEE'S OF MIDWAX (HIMBERLY A. RHODE) 1� ate Page 3 00-3 a OFFICE OF THE CITY ATTOR,tiEY Clnyran,N. Robinson. Jr,. Ciry'dtto�ney CITY OP SANT PAUL �Yorm Colemnn. ,Nay�or E�ll�PllSI 7� �� Owner/Nlanager Hardee's Food System, Inc. Hardee's ofMidway 369 Hamline Avenue North Saint Paul, tiN �5104 Civit Division 400 Ciry Hall 15 Wut iCe!lagg Blvd. Snint Pau{ .bfinnuora J�/0? tiOTICE OF VIOLATIO�T Tele?hone: 65! 26G87I0 Facsimile: 651 298-56! 9 RE: Restaurant -B license heid by Hardee's Food Systems, Inc., dlb/a Hazdee's of Midway, for the premises located at 369 Hamline Avenue North in Saint Paul - L'acense IA #: 0017430 Dear Sir�adam: On January 12, 2000, the Saint Paul City Council imposed adverse action a�ainst the Restaurant B license held by Hardee's Food Systems, Inc., d/b/a Hardee's of Midway, for the premises located at 369 Hamiine Avenue North in Saint Paul. Part of the adverse action included a 30-day iicense suspension, which was stayed for a period of eighteen months on three conditions, one of which was that the premises wouid be inspected at least monthly during that 18-month period, and that the stay of the suspension could be revoked if the establishment had an unsatisfactory score, defined as three or more criticai violations. On June 28, 2000, the inspection showed rivenry-two (22) violations, of which three were considered critical. On July 24, 2000, the inspection sho�ved twenty-seven (27) violations, of which five were considered critical. Because the inspections aze showing unsatisfactory scores, the Office of License, Inspections and Environmental Protection will be recommending to the City Council that the stay of the 30-day suspension of the Restaurant-B license be revoked. You are entitled to a hearing to contest the determination that you received an. unsatisfactory score. If you wish to have a hearing, you should send me a statement in writin� that you wish to contest the determination that you had unsatisfactory inspections in .Tune and July. If you wish to admit the fact that your inspections resulted in unsatisfac[ory scores, you may send a statement indicatin� that you aze willin� to �o to a public hearing before the Saint Paul City Council to azgue the appropriate penalty. Please contact me no later than Au�ust 21, 2000 to let me know how you wish to proceed. If I have not heard from you by that date, I will Hardee's of Midway August 7, Z000 Pa�e 2 assume that you are not contestin� the fact that you have received ansatisfactory scores on your most recent inspections, and will schedule the matter before the Saint Paul City-CounciI to request the revocation of the stay of suspension of your Restaurant -B license. Please feel free to contact me if you have aay questions about this matter. Sincerely, Ui �� Vir�irua D. Palmer Assistant Ciry Attomey cc: Robert Kessler, Duector of LIEP Christine Rozek, Deputy Director of LIEP Fbi a l,oY, Environmental Heat[h Specialist Neil Buethe, $ri�gs & Morgan, 2200 ln Narional Bank Buildin�, Saint Paul, MN 55101 AUG. 18. �C00 5:07FM HA�DEiS LEGAL t'I�rde¢ro Hazdee's Food Systems, Inc. Legal Aepartment 1233 Hazdee's Blvd. Rocky Mount, NC 27804 FAX COVER SHEET PLEASE DELNER THE FOLLOWING PAGES T0: NA��IE: Ms. Uirginia Palmer LOCATION: Civil D1vLsion PAX NUMBER: 651-298-5619 RE: M1d-Way DATE: August 18, 2000 TIME: 4:58 PM V0.4077 P. 1 �b-3 � TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: W�t+k�Y+t#��F####•i�k#rt*�i#tA#fi}rtW+;k###+FM�Fbwr+R*8*#+Mr*#ktt##R*wk4##fi4�Rerwi«#+F#�R�A*�trt t#YY+tMMti�tYt#�F�+F F120M: Thomas W. Steed, III, Vice PresidenVAssistant General Counsel PHONE NUMBER: (252) 450•8914 FAX NUMBER: (252) 450-8655 , IF YOU DO rOT RECEIVE ALL TFiE PAGES OR HA'VE ANY PROBLEM WITH THIS TR.4PISMISSION, PLEASE CAI.L Tina Flawers at (252) 450-5408.. COMMENTS: THIS MESSAGE IS INTENDED ONLY FOR THE INDIVIDUAL Olt ENTITY TO WHICH TT IS ADDRESSED. IT MAY CONTAIN PRNTLEGED, CONFIDENTZAL, ATTORi�1EY WORK PRODUCT, OR TRaDE SECRET INFORMATION 'WHICH IS EXEMPT FROM llISCL05URE UNDER APPLIC.ABLE LAWS. ff YOU ARE NOT THE INI'ENDED RECIPIENT, OR AN EMPLOYEE OR AGENT RESPONSIBLE FOR DELNERING THE i�1ESSAGE TO THL INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT AN'Y DISSENIINATION, DISTRTBUTION, OR COPYING OF THIS MESSAGE I5 STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS vfESSAGE IP I ERROR, PLEASE NOTIFY US IIvMEDIATELY BY TELEPHONE AND RETUR�t THE ORIGINAL i�1ESSAGE ( AND ALL COPIES) TO US BY MAIL AI' THE aBOVE ADDRESS. W� W1I.L REIMBURSE YOU FOR POSTAGE. „� ,,. . ,. _..,... a�s. ia �soo =:oapY� x�RCE�s ��c�� '� 1 ��• .� = Y AS�osiCiery�1C1(ERESTAUAANTS.INC. Ms. Virginia Palmer August 15, 2000 Civil Di�ision 400 City Hall 15 West Kellogg B1vd. Saint Paul, MN 55102 Deaz Ms, Palmer, Y0. ap17 P. 2 Thank you for taking the time to talk witfi me. I am responding to tfie Notice of Viola�on letter you send on August 7, 2000. Based on our current informatian, we do not have grounds to contest the determination that the Fiazdee's of Mid�vay hari unsatisfactory inspecrions in June and Ju1y. However, we are looking into the particulazs regazding the reporu and at a minimum want to preserve all rights to a public heazing before the City Council to explain the situation and azgue the appropriate penalty. Our main objective, howevez, is to provide you with information that can resolve the problem now and without council action. I am the Director of Quatity Assurance for Aardee's Food Systems, Inc. T am located at our corporate office in North Cazolina. It is my responsibilicy to work with our restaurants' management and regulatory agencies to assure food safety, product quality and regulatory compiiance. We have recently employed a staff of field penonnel to coaduct regulazly scheduled and unannounced food safety and quality audits in all of ovr restaurants. 7he siruation at the Midway unit was immediaiely brought to my attention. wiil continue to stay involved with the issues there until that restaurant is meeting the requirements ofthe city of Saint Paul as well as the standazds that are Tequired of all Hazdee's restanrants. The restaurant is currently operating under a stay of suspension. Your lecter informed as that inspections in June and 3uly failed to meet the requirements to continue operaiing under the stay agreement. Unfortunately, the curzent management in charge of that restaurant was not avrare of those violations or even that the resiaurdnt was operating under a stay ageemenL I want to take this opportunity to explain how this occurred. This restaurant had not been meeting Fiardee's sfandazds for some time. Therefore, the entire management team that was previously invoived with the operarion of the Midway restaurant has been replaced. We have assigned a new Regional Director of Opezaaons and 6cought in a new District Manager, General Manager and Facilities Manager. As you and I discussed, it seems that management has been the main problem with the operation of this restauiant. It is our belief that this new team can turn things azound at Hazdee's of �Iidway. RUG-19-2000 16�e3 �EZ P•� � �UG. (8. "[LG� 5:�9Fht i�ARDcES LEG�L VC. i077 P. 3 00-3 � I would like to explain why we aze confident this team is different from the previous Management, Prior to this team taking over, this region ranked at the bottom of our puformance rankings. They aze cunendy ranked second out of our fiftern regions for all financial objecrives. They have already tumed IS of the 20 restaurants in the'u Region azound. Mosi imperrancly, this region will no longer be managed remotely by a person in Wisconsin. Dan Zeliff is the new Regional D'uector oi Operarions. Dan, his wi£e and five children live in the local community and relocated to the region a littie ovec ninety days ago from a proven region in the state of Alabama. Upon Dan's arrival his fixst t�sk was to staff the stores in the 4linnesota region. Only fourteen of the twenty stores had a Genezal Manager. Dan immediately, at greac expense, brought expeiienced managess from afl ovez the country to assist with the issues here. Duzing this timeframe Dan was able to recruit, hize and develop a manager foz evezy location. IJnfortunatefy, before Dan could place a qualified manager into Hazdee's of Midway the outside managers were called back to supezvise their regulazly assigned restaurants. Finally, on August 7`" Dan was able to staff every locarion utilizing his new management and placing a proven General Manager, Glenn Levine, into the Midway location. Glenn immediately terminated the remainder of the staff for disciplinazy reasons. With this new staff and in just one week the store increased sales by twenty percent. We believe he is well on his way to bringing this restaurant back up to the standuds expected for all Hardee's restaurants. Dan was also able to place a proven District Manager over the Midway location by relocating him and his two children from AJabama to the Minnesota azea. He also, at great expense, relocated a Faciliries Technician to assist in addressing the facility issues as well. All the outside support from other proven azeas of the country aze now permanentIy (ocated an the state of Minnesota to continue the progress in this state. Regarding the 7une and July inspections, I am confident that all of the de5ciencies noted either have been or aze beiug cortected. We aze confident these changes will assure immediate and conrinued positive changes for the Midway location. We hope the City of Saint Paul agrees and wi11 consider allowing the restautant io concinue operating under the stay agrezment. We would therefore request the opportuniry for Ban and me to visit wit4i you and the appzopriate pezsonnel from the Office of License, Inspeetions and Environmental Pzotection to discuss a possible altemative to revoking the stay of suspension? n� v- . n .-nnn . � . �� n n� AUG. (2, rC00 6:lOP�i HARDE�S LeGAL `!4 4097 P, d � Thank you very much for your assistance with this matter. If you have any questions or require additional information please call either me at (252) 450-8606 or Dan Zeliff at (612) 758-9236. In any event, I will contact you on Monday to discuss the options. Sincerely, Hardee's Food Systems, Inc. �� / l• ��-� Steve Wei£"ienbach Direc2or of Quality Assurance �� Daniet Ze(iff Re�ional Director of Operatioris Cc: Noah Griggs Bob Stazke Dan Zeliff Tom Steed t LeRoy Russ Neal Buethe Fu�-ie-ze2e i6:za sr� P.e4 UNCONTESTED LICENSE MATTER oo -3 a- Licensee Name: Hardee's Food Systems, Inc., d/b/a Hardee's of Midway Add ress: Council Date: Violation: Date of Violation: Place: 369 Hamline Avenue North January 12, 2000 Violation of Sanitation and Health Codes September 30, 1999 Licensed Premises Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: 30 day suspension of license, stayed for 18 months on conditions: 1. restaurant be maintained in a clean and sanitary condition - monthly inspections during 18 month stay must each receive a satisfactory score; 2. Hardee's district manager must notify LIEP of any change in on-site management within 2 business days; 3. pay a fine of $500.00 within 30 days of passage and approval of the resolution. Attachments: 1. Proposed resolution 2. 12/16/99 letter to Hardee's District Supervisor 3. 12/2/99 Notice of Violation 4. License Information Report 5. 9/30/99 Inspection Report 6. Inspection History 7. License information CIT'Y OF S�INT PAUL Norm Colemarz, Mayor December 16, 1999 Bill Herdzina District Supervisor, Hazdee's 6231 169"' Lane North Ramsey, MN 55303 RE: Hardee's of Midway Deaz Mr. Herdzina: OFFICE OF TI� CITY ATTORNEY Clayton M. Robinson, Jr., Ciry Anorrsey �0-3�- Civi1 Division 400Ci1yHal1 Telephone:651266-8i10 1 S l4est Kellogg Blvd Focsimile: 651 298-5619 Sain1 Pau1, �Lfinnesota Si102 I am enclosing a Notice of Violation dated November 2, 1999 which was sent to the ownerfmanager of the Hazdee's of Midway, regarding adverse action against the licenses held by Hazdee's Food Systems, Inc. for the Hazdee's at 369 Hamline Avenue North in Saint Paul. I received no response to this Notice of Violation by December 13, 1999, the deadline set forth in the letter, and the matter is going to be scheduled before the Saint Paul Ciry Councii as uncontested. Today I was informed by Steven Roy of the Office of LIEP that you had appeared at a management review regazding this facility. I am sending you the enclosed paperwork in case you were not provided with a copy of this correspondence by the manager on Iocation. If this is something that you wish to discuss, please feel free to contact me at (651) 266-8710. Sincerely, �/�� Virginia D. Palmer Assistant City Attomey OFFIC£ 1'HE CITY ATTORNEY Cloylon M. ..,aiuon, Ja, CiryAnorney a O�'3 G1, CITY OF SAINT pALTI, Norm Colemn CivilDivision �4 Mayar 400 CiryXa11 Telephone,- 6S7 266-8710 ISiYestKe!loggB7vd Facsimile:6571g8-S679 Sainl Paul, Hfinnesota 55102 i December 2, 1999 NOTICE OF VIOLATION Owner/Manager Hardee's of Midway 369 Hamline Avenue North Saint Paul, Minnesota 55104 RE: All licenses held by Hardee's Food Systems, Inc., d1b{a Hardee's of Midway for the premises located at 369 Hamline Ave.1V. in St. Paul License ID No.:17430 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Hazdee's Food Systems, Inc. d/b/a Hazdee's of Midway, for the premises located at 369 Hamline Avenue North. The basis for the adverse action is as follows: On September 30,1999 an insQecfion was done of the premises in response to a complaint by a customer that the restrooms were filthy and employees were out back smoking. The investigation found evidence of a filthy toilet in the women's restroom, coated with feces, and found no disposable towels in the men's room, nor was the hand drying device in working order. There were forty-four violation orders issued, and the fotal score for the facility was a 53. A number of the violations were health or sanitation related, including failure to fiave sanitizers used for wiping food preparafion surfaces, employees coming back from break without washing hands prior to preparing and serving foods, and maintaining foods at improper temperatures. This is the fifth inspection since April of 1998, all of them conducted as a result of receiving compiaints that the establishment was generally filthy. Page 2 Hazdee's of Midway December 2, 1999 Saint Paul Legislative Code §310,06(b)(� pe�ifs adverse acfion to be taken against a licensee when the "activities of tlze licensee in the ticensed activify created or have created a serious danger to tlze public health, safety or welfare, or the licensee performs or has performeri lzis or Jier work or activtty in ¢n unsafe manner" and §310.06(b)(8) permits adverse action to be taken when the "licensed business, or tl:e way in wlzich such business is operated, maintains or permits conditions tlzat unreasonably annoy, injure or endanger the safety, health, marals, comfort or repose of any considerabte number of members of the pubfic." The history of unsanitary conditions at this restaurant and the most recent a safety risk to and endanger the health of the public. 00-3�- If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. I'ou will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Heazin„" so you will know when and where to appear, and what the basis for the hearing will be. In either case, please let me know in writing no later than Monday, December 13,1999, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City Council. If you have any questions, feel free to call me or have your attomey call me at 266-8? 10. Sincerely, �u�', � J�� Virgini�er Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Christopher Dart, Community Organizer, Lexington-Hamline Community Council, ll 60 Selby Ave., St. Paul, M1V 55104 oa-�a STATE OF MINNESOTA 1 ss. AFF2DAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 3, 1999, she served the atEached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Hardee's of Midway 369 Hamline Avenue North St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �1 _ � Cefl Subscribed and sworn to before me this 3rd day of Dec�be� PEfER P.PANGBORN Notary PUb11C � �y�„�yCq�.��res.lan.31�, 00 - ��. � IQ � f X V N � I r- N � � � �rn N U I� � J �N a iv O � t' c6 N C d N � C U c 0 J N w o � e � 0 w _ N v � J � � F'' E N � N a c U � �I N _Q OI N � �! N !� I T �I Z � � ro `o c a U s�- J � a ro 'it z > lJ.� N ? a`� ¢ 'a = v ¢ � O M � � 0 � � LL � Z L�! Q W m � � Q S '"� } � � I � p 0 Z � c W o W � � Q 2 �U c 3 V � � � m 0 � a c a E � Z U O a U C m 3 N _ � � m Z T� QI O U U m 7 � c � 9 E � Z N C N o �, '� M a N N � N ,� N � C U) �' m � _ � F�- � a � � n � � ;� I I � � 1 I ' � I I � I N O � O N la �o .� N L 7 I � I O Q OU iU� � O � I ='a � � 0 t, U a �' rn� � C r� o c � � � L 111 w� N � C � u � J m N •�- N � w N m y U � �a N Q y I� � �� @ �c 4 I.V �; J � � 0 M � 0 0 a m V z w ` ¢ I N Z '�6 � aa Q = O �� Q 0 � � LL � �z w �m � � Q 2 F } � 0 �� N O Z W o W L � m Q 2 � c iU I �I N M �� 1 ' � � a� I iQ X', W; Icl I i u � i�i A �Z I � T' IUi Oi a; {U c �': y� C; f� �' Z' T � N Q O U ° U c @i ��I '�i � n !� � Z d i0 � � � a N ;N � m v � � � m � � � �� N v I � O O O W � W � �� 2 � co N O � O � � � c 0 U N N N � � � R Q � OU U� 00 _ � W 0 � V a Z' rn =_°- � � � O C 3 00 -�3� �i f i �� i � i !i , �� 0 � X N W O � �O cv � o y � N � J � a v 0 � a � c O i7 R � � W d N C d t1 J y � @ N � � � _.1 4 � � w d � N � N Q. F m ,c N �p N N c�,6 U J � � a> m � i e� 3 � Z' �J� U r O � N 7 Z W Q N Z � J �g a ¢ 2 � ¢�o �� ch �n Q 0 � N �' � �Z W �Im Q 'L] Q � _ � � } � 0 O I� � � �� W c � o � �a ¢ _ .� G 7 U C N M � � N c6 � Q W � c L � s E � Z� U O a U � R 7 � � NI ZI _' m� Qi o� U� c �I � N C� � E 7 N C N O M t M a �„ y � a`�i �* C � Im � � � �F � � � Y� N O D> O N 7 a C O V f0 N � N > � (6 O ¢ � V U� 00 v � V a� �, a rn =° rnc N y O C 3 pa-3� CiCy of Saint Pau1 Of£ice o€ License, Insoections aad Environ-e.ta1 Protection 2nvironmental Health 350 St. Peter St., Suite 300 $di?tt Pclll� I✓�L�T 551�2-7.$3.0 iel: 612-266-9030 Fax: 612-266-9124 3STP_c£�SSF�SF31vi : P?,rONSO S3VZLL.A. FnRDE&'S O? MID'v7�Y 369 E?tN,*,Z*T' ;VB N ST. ?PU?, NN 5510?-c007 . '_uYrent Lice. se (s) : R3S^AL'?2F*IT i3} -MORn T"r_�N 12 SBATS Notice � 3 ihis inspection is the result of a com�laint regarding your facility. I£ you thir_k these �rders are issued in error you may appeal their interpretation to the City's Legislative � iearing Oificer by contacting the city Clerk (266-8989)and paying a fee of $25.00. The �egislative Hearing Officer CaN NOT waive the requirements of the Buildirg, Housing, or fiealth 7ode; but he or she can rake reco:nmendations to the City Council concerning LIEP's _nterpretation and application of trie variocs codes. Appeals must be filed within 10 days of :eceipt of this written notice. n insgection of your facility found the following deficiencies, Please make the equired corrections on or before the compliance dzte(s) indicated. If aay of the orrections require changes to the physical structure, building permits may be equired. Your establishment is subject to inspection at any time. �CK DOOR 1,) Ventilation system is not adeauate. VBNT CO�R IS MISSING, Repair or upgrade the ventilation system. Correct by: 10/14/99 Page 1 SNSPECT_OAT 036036 FOOCI f R25 �2llT�P_t Iasoectioa Date: 09/30/S9 E= OS962 - 1 =xRDES'S OF NIDivPY 369 N1=NL22vB : i7g N ST. PAUL N�7 SS10S-cC07 $rC{ P��P �1tZ?� oO -3� Page Z Food/restaurFat Insnection Date: 09J30/99 2.) �ust build up nrese^_t on fz.z cover. ��??v'T COV?�S AT THIS ?,OCATION, {iTCriBN P�7 Ai DIDiI?vG PR3A. Clean or repair Gnd mzzatain a11 £ixtures, vent covers, &nd iatake vents. Correct by: 1Of08/99 Notice n 8 DISH A^ti�A - 1 3.) Ice scoop is improperly stored. BU�2I3D IN IC5 INSID� Th� ICn N,AC:I?v3. - 1 Do not store ice scoop in ice making ;aachine bin unless it is in >n appzoved holder. Store ice scoops in the ice bin with handle up, or inverted outside the ice bin in a cle�n place or in an approved container. Ccrrect by: 09/30/99 Notice n 1 4.) I;nproper utensil being used to serve ice or food. A CONTAINnR (PITC33R7) IS BEING US3D FS SCOOP. Provide and use an approved scoop (with handle) to dispense food or ice. Do not use hands, glasses, paper cups, bowls, or other non-approved iter„s as a scoop. Correct by: 10/07/99 Notice � 1 5.) Ecuipment is in disrepair. DOOR GASI�T OF RBACH IN FREBZE�2, Repair or repZace to meeC National Sanitation Foundation (NSF) Standards. Correct by: 10/14/99 Notice � 1 6.) Eauipment is in disrepair and does not meet NSF standards. AOLES OR GAP ON WALL BETWBEN COVING TILES AND WALL ppNEy (RFP) AT DISH SIlv'K. � _ 2 - 1 Repair or replace equipment to meet ISational Sanitation Foundation (hSr) Standazds, or be approved by the Health Authority. Correct by: SOj30/99 Notice $ 6 . . iiPRDEE' S OF MIDWP.Y 369 HP1dLI1Gfi' AV� �T ST. PAUL NiN 55105-c007 7.� 'r.00dJfilters dII ductxork ^cVE arease c^d Q71'C cCCllRlll�.d�10II O'v^N Ai 3P_�CF.RY P_�:A ZS CLOGGc� u?. 00 - 3�-- Page 3 FoodJRestaur2.t Inspectioa Date: 09/30fy9 x'I?,Ta� A90'V:; cleaa the hood znd filters aad r„aintaia in a grease £ree condition. CorreCt by: 10/07/99 Notice $ 1 8. ) rre�zer hzs heavy frost bu_ld 11D. RF'�.CtI IN r�2ESZBR AT D3c.? r^Ry pSt:,,� Defrost the freezer(s) to allow proper funct±oning. Correct by: 10/07/99 Notice � 1 9.) There are unnecessary arCicles stored in the food establishment. TSA BRaWER SS SITSING ON TOP Oi TAB OVEN 2?�SIDE T'dE HOOD. Remove all unnecessary articles from the premises which are not pertinent to the current operation of this food establishment. Store rerainder of useable items at le�st 6 iaches off floor. Correct by: 10/07/99 Notice � 1 - 10.) Sllegal plumbing is present. DRAIN LI2T' Or 3-COMPARTMSNT SS2v'K IS LEPSQNG Al1 parts of the plumbing system must be installed in accordaace with the Minnesota Plumbing Code. Correct hy: 10/06/99 Notice '� 3 11.) No Zight shields present. Provide effective shielding or shatter resistanC bulbs £or all light fixtures in food or equipment handling and storage areas and provide end caps for fluorescent protective tubes. Correct by: 10/08/99 Notice � 3 � - 1 (- 1)* - 1 - 1 - 1 ��*zD�s � s oa tar�waY 369 HA[dLINS AV'� N ST. PAt7L I�T SS10S-�007 D��tIS TfiRU 60 - 3 �-- � c5e c Food/Restzurant Inspection Date: 09J30/99 12.) 2ce scoon is imoroperly stored. SC3 SCOOP 2S BLZiIBD 2N ICn. (_ i1� Do not stor= ±ce scoop ia ice m�king machine bin unless it is in az ' approved holder. Store ice scoops in the ice bin with haadle up, or inverted outside the ice bin in a clean place or in an approced container. Correct by: 09/30/99 S+otice � 1 13.) Improper dispensing of s_ngle sercice items, SINGL� US� CU?S PNil r3ENC3 FRY CONTA2!Qfi'RS. Dispense single service items in a sanitary m>nner so that surfaces that come into contact with food or the mouth are protected from contanination and handles are presented to the user. Correct by: lOfQ4/99 Notice � 1 FRONT COUNI'SR 14.) Cold food not maintaired at 44 degrees F., or less. TBMPn�A2•iTi2E Or :�ALr^ & unT.F CRnAI�R IS 60 D3G.F. Immediately, maintain aIl cold readily perishable food aC 40 degrees F., or less. Correct by: 09/30/99 Notice � 1 15.) No conspicuous thermometer in cooler or freezez. TEMPEHATURE OF SN�FS,L UNDER COUNTSR COOLnR SS 51.4 AATD GIV2NG OFF BPS1 SI�S"cLL. Provide an accurate thermometer in a conspicuous location in the warmest part of each refrigeration and freezer unit. Correct by: 10/07/99 Notice � 1 - - 1 - 5 - 1 00 -3�-- DE3'S Or h;IDk'e?Y " ' Page 5 riP1dLINr. AT' N cood/Restaurant PAUZ 1+N 55109-4007 Insoectioa Date: 09f30/99 .) ?est strips are being used iroronerly. FLY TRao I,ZGHi =S INSTA;L�D a3 rP-i - 5 (:03ZZTPS,?,Y) eRO:d ?-Y, i00D ?�SP. CO'v?vi33 TO?. � J Do aot use ir.secticide pest strips in unauthozized interior areas. (?est strips �ay oaly be used in tre eaclosed garbzge and refuse storace roors). FLY TRF? L26$T S$OUZD B^ LOCATSJ AT L?AST TERSS (3) F3HT P.WAY FROM P.NY r00] P�P' SII22AC�S. R3LOCAiS cLY T� L2G�iT OR RnMQVS ALL r^OOD FROCUCTS F?.°D S2NGLE U53 ITBI✓S £ZOM T3IS COJNinR p1v'D PVOSD PNY FOOD ?RBp, ACTIVITI3S ON ST. Correct by: 1Of08/99 ?TOtice ;-�, 2 :HS*7 .1 Eot food not r,taintained at 150 degrees F or above. T�MP3RATVRE Or NAM3VRG3R IS 105.2 DBG.r.F1v� 1r.AT OF RO.r,ST B�FF IS 129 DBG.F. 2mTediately, maintain all hot potentially hazardous food zt 150 deczees r^ or above. Correct by: 09/30/99 Notice � 1 ) Food stored on floor. UNCOVy'?�D 90X OF FRY2NG OIL. Do not store food on the floor. Store at least six (6) inches above the floor on anaroved shelving. Dollies may be used for bulk containers o£ food. Correct by: 09/30/99 Notice n 1 ) Equipment is in disrepair and does not meet NSF standards. HANil S'L�SFC FAUCET IS CORRODED. Repair or replace equipment to meet Nationa2 Sanitation Foundation (NSF) Standards, or be approved by the ?iealth Authority. _ Correct by: 11f30/99 Notice ,� 1 - Flies are present in the establishment. Exterminate flies. (- 5) * _ (- 1) * _ 4 Correct by: 10/08/99 Notice � 3 00-3� riP�DfiE'S OF MIDWzY 3 6 9 f�LSISB AVB N Si. PALZ I✓�N 5510�-4007 Pzce 6 ?ood/Restaurant Insnectio� Date: O9f30/99 21,) 2nsuf�icient number o•_` carbaqe and re�use containers oresent. NO YRASFI CONTP=2v�R ?OUN7 P_T I-:F?ZD SI?v{S. Provide zdditional coatainers £or the storsce o£ garbace and refuse, ine containers must be durable, easily cleanable, iasect aad rodent proof and non-leaking. , Correct by: 10J07/99 Notice # 1 22.) Pood equipment is soiled. Clean and maintain all food eauipmeat in a sanitary manner including the followi^.g item(s): INSZD� TOP Or MIC20F�P_b� OVx,'N, BOTTOYi Or Sl✓iALL COOLER F,IGD D002 R.AILS OF CHEST FREc^ZSR. Correct by: 1�/04/99 Notice n 3 23.) Ir.adequate or no saniti2er is being used for in-place cleaning of cowzter tops, tables and other equipaent. NO SANSTZZER DnTECTSD ON A�nT WIPING CLOTF:S, SAW 3NPLOYcE USnD ONLY WATEi2 TO WIPS PRSP SURFACn. Provide an3 use an approved sanitizer at the concentratioa of 50 to 200 ggm of free chlorine or eauivalent. For best results a concentration of 100 to 200 ppm is recomended. Correct by: 09f30/99 Notice � 1 _ 2 _ z - 4 00 -3 �-- i-_a.��.s � s or MSDi+�Y 369 I-�:AIdL21JE AV3 N Si. PAUZ NTi7 55105-5007 2?.) =here is ao SAI_NT pAUL CSZiIr2ED iood ^anager emnloyed by this establisr-ent. Provide and naintain a certified food nar_acar. � A CERTIrI3� sOOD M_nNAG�3 is required i: poteatially hazzrcous foocs are nreoared. You NIiSi emDloy z SA2NT PAIIT� CnRiIFTED rOOD N•_�T�TF.C�R by the listed cate or have someone enrolled z�d paid to attend the next availzble food manacer training class. ------ ��?�OVnD FOOD NzNAGER T�P.iNING COUR.S� PZO�IDSRS are: Minaea�olis Hnviroanental Eealth Department, E11en Fioyt or Rebecca Caulfield, (612)673-3964; Y.en�epin Cownty Environmental Aealth N.anagement, Registration,(612)930-2770; Minnesota Restaurant Fssoc., Sandy Lien, (651)222-7401); fiospitality Institute o€ Tech, znd t✓,anagement, Lynn Hodulik, (651)646-7077); Minnesota Licensed Beverzae Dealers, (651)772-0910; St. Paul Technical Colleae, Caryn N,ohr, (651)228-4306. NOT�: Saint Paul requires a separate Szint Paul Food Manzger Certificate obtained from this office following co-�letion of an approved training course. FILL OUT ie?E 3NCLOSD FL�2LICATION TO OBTASN A CITY Or SA2NT PAUL CSRTIsIBD rOOD MAtC�AGER CBiZT2rICAT3 OR F�`Vr^, SON,nONB SIGNz.D t3P FOR T'rS5 C?,ASS. Correct by: 10/14(99 Notice � 9 25.) rood workers are not washing their haz!cs properly. Ek;?LOY'�S 09SE,2V'�D COMING BACK FZOM BR3AK WIT'dQIIT k�AggING HANDS PRZOR TO SSRVSNG F.T�D PREPARING FOODS. Hands must be washed before beginning work, handling clean utensils, dishes, single service items, or food not receiving £urther heat treatment; also after handling raw food, money or soiled utensils, Correct by: 09f30/99 Notice � 1 26.) Improper sink being used for handwashing. ENPLOY'BS WASH fiA1S�S IN BOTH FOOD SINK AND 3-COMPARTN�i.,NT S2NK Vse handsink for hand washing. Do not �;ash hands in £ood preparation or equipment washing sinks. Correct by: 09(30/99 Notice ,u, 3 Page 7 Food/Restauraat Inspection Date: 09(30/99 - 5 (- 5) * O o - 3 �-- YARDr,n' S OF MID+�RY 369 HFNLINS AL� ?7 Si. PP_U7, MN SS10S-c007 Page 8 Food/�estaurant Insoection Date: 09J30/99 27.) Inadecn_ate or no hair restraints zre aeing korn by foodseivice perso^nel. AT LSFST Q:v^a O� TitiO BS6?LAYBSS OBSER'vJ "v+IiEO'J'i 'rAiR ZBSi�AI?vi. Al1 foodservice perso2nel engaced in =ood preparation and/or utensils washing must wear effective hair restraints at a11 times while on dnty. Correct by; 1pJ07/99 I3otice � 1 28. ) No disposable towels �rovided at handsinlc, NO TOWHL FOLZv'�i AT FSPND SIA"KS BUT AT rOOD SSNFC. Provine znd maintain zn adequate supply of sznitary siagle use towels in a functional dispenser zt each sink. Do not use common towels for drying or wiping hancis. Correct by: 10/07/99 Notice � 3 29.) Nailbrush not provided at hancsink. Provide and r,.aintain a fingernail brush at the employee hancwashing s_nks. Correct by: 10/07/99 Notice � 1 - 30.) Floor is food soiled underneath equipment. UNDER EdAM3iTdGHR GRILL. Clean and maintain floor under all eauipment. Correct by: 1�/07/99 Notice '� 1 31.) Ceiling is hezvily soiled. CnILING TILES ESPECIALLY AROUND t7�NT5. Clean and maintain the ceiling. Correct by: 10/07/99 Notice � 1 32.) Ceiling has a deteriorating surface. SOME CEILING TILES, CEILZNG P,AILS AND DIFFUSERS. . Repair the ceiling. _ Correct by: 11/O1/99 Notice � 5 --- "�__ �l � (- 2)* -i (- 1)* (- 1)* 00 - ��- :;P�DEE'S OF MIDWAY 369 ii�MLINE AV3 N ST. PAJL NN 55104-5007 :�O? S22.{ A�3.$ Page 9 cood/Restauraat Insnection Date: 09/30/99 33.) v;a115 have deteriorati,g sur£Gces. RF? Wp�L 0. b;0? SIIv�d IS P�BLIRG 08r Repaiz and maintain the walls. Cor3�ect by: 1OJ14J99 7GOtice n 5 3iOREROOM 34.) Storing single service items on the floor. Store single service articles at least six (6) inches off the floor osi zpproved shelving. Correct by; 10/07/39 Notice � 1 'OILETS 35,) Ecruipment is in disrepair and does not meet NSr staadards. ?iA2v'D DRY'R IS NOT WORRING IN I+�N'S RBSTROOM, Repair or replace equipment ta meet National Sanitation Foundatioa (iv*Sr^) Standards, or be aoproved by the Hea2th Authority. Correct by: 10J07/99 Notice # 1 - 36.) Toilet room £ixtures are sailed. A T02LET IN wOMEN'S RESTROOM. Clean and maintain toilets, urinals, hand sinks, soap dispensers, hand-drying devices, and a31 related fixtures. Correct by: 10/02/99 Notice � 1 �- 1) * (- 1)* �- 1) * (- 2)+ �.? No disposable towels provided at handsink. IN MrN�S RESTROOM.. . (_ y�t Provide and maintain an adequate supply of sanitary single use towels in a funetional dispenser at each sink. Do not use common towels for drying or wiping hands. Correct by: 1OJ01/99 Notice n 2 - - � - - - --- - --� -- - - -- Y_nRD°E'S OF MiDi4AY 369 HPS✓LINB PV3 23 ST. PALZ MS 55204-4007 00-3�-- Page 10 ?oodfRestaur�.nt InsDectioa Date: 09J30/99 wP�{-IN COOL.;3 38. ) Food uncovered. L'?�TCOV?R%D BUC'�CET O�' ?OOD SITTING DIR�CTLY UNDaZ ?,�n{_,iG CO?�TDSNSER. Keep all stozed foods properly covered exceot during periocs of nreparatio� and service. Correct by: 09/30(99 Notice ;', 1 39. ) Eauipment is soiled. S_h�.LV'S PRS MOI.DY. Clean and maintain, Correct by: 10/07/99 Notice � 1 40.) Coadensate drain is plugged or de£ective. A2a DRAiNS ONTO 3UCKF.T Or cOODS AIv"D FLOOR. Properly maintain condensate drain, Correct by: 10/O1/99 Notice m 3 riALK-IN FR;EZER 41.) Equipment is in disrepair and does not meet A*SF standards. CRACICSD DOOR GASKET. Repair or replace eauipment to meet National Sanitation Foundation (NSF) Staxidards, or be approved by the Health Authority. Correct by; 1Oj14/99 Notice R 3 42.) Freezer has heavy frost build ug. AT DOOR AND INSIDE. � De£rost the freezer(s) to allow proper functioning. Correct by: 10/DSj99 Notice � 3 - - - - — _ . . -� - - � - (- 2)+ (- 1)* (- 1) * (- 1)* (_ 1)# . _--- � � - - - _ � :;: oo- 3Z— F�"v7EE'S Oc^ N:SDi9AY 369 HP?iLINE Ati� N S1. PALZ *4S 55104-5007 �3.) Coving at tre wall/floor jtvzction is nissir_g or defective. Doo:�. P 11 rood/Restauraat =nspection Date: 09/30/99 i:�s_�a s�cx,^ oa Provide aad mzin�ain a coved radius at the wall/floor junction throuahout the establis}zent using the sane material as the floor finish. Correct by: 10J14/99 Ivotice � 5 �4.) ?Go lignt shields present. Provide effective shielding or shatter resistant bulbs for all light fixtures in food or equinment handling and storage areas and provide end caos for iluorescent protective tubes. Correct by: SO/08j99 ivotice n 2 SCORB: 53 * N,ultinle violatio^.s under the same category are not used to dete:^;ir.e score. If you have ��y questions regarding this ir.spection, feel free to call 266-9098. n_LTSRATIOA*5: 9efore an existing establishment is altered, d_tailed drawings snd equipment specificatieas must be submitted and approved by this office. iiiIS ML7ST SE D02SE BEr^ORE OONSTZUCTION BSGII3S. Ii�ANGE OF OS4N'E� OR N�?S7AGEhLNT: 3e£ore a chanoe in ownership or management, his establishment must be brought into total compliance with St. Faul rood ode_ An evaluation must be made by this ofEice to determine if remodeling or quipment changes are necessary before the required transfer can be aDtiroved. 2U2PMENT INSTP.LLATION: Ail newly installed eguipment must be NSF approved : equivalent. Contact the district inspector for further information. �ng Lor, R.S, vironmeatal riealth SpeciaZist II (- i) * (- 11 * ztact Persoa : ALFONSO S^aVILLA Ginger Palmer - hardee3691.wpd Page 1 00 -32- ,.... .� GTY OF SAINT PAUL lNTERDEPARTMENTALMEMORANDUM DATE: TO: �� FROM: RE: November 24, 1999 Wiiliam F. Gunther, Environmental Fiealth Program Supervisor Fong Lor, Environmental Health Specialist II. Hardee s of Midway 369 Hamiine Ave.N. St. Paui, MN. 55104-4007 HISTORY 1499 11/19/99 A partial inspection was conducted as the result of complaints that the establishment is generally filthy. There has been six (6) complaints since the last inspection. Inspection found many of the long standing violations have not been corrected and several complaint items were confirmed; i.e, dirty toilets, broken hand dryer and no paper towels in the rest room, pictures were taken to co�rm investigation. See more detail in inspection report number 36450, dated ll/19/99. 10/29/99 A partial inspection was conducted in response to a suspected food borne illness (FBI) which was made to the Minnesota Departnnent of Health, Epidemiology Division. There was no evidence of possible cause of food bome illness out break discovered during the inspection; district manager, Bill Herdzina, called me the following Monday and provided me ingredients of the egg croissant as follow: Wheat flout, niacin, reduced iron, thiamine, riboflavin, £olic acid, ascorbic acid, enzyme, H liquid hydrogenate, soyabean and cotton seed oil, sugaz; products that are 52%: yeast, whole milk, salt, butter, datom?, ascorbic acid, L-cysteine, fungal enzyme and ADA. 09(30(99 A full inspection was conducted as the result of a complaint that the restrooms were filthy and employees were out at the back smoking. Inside there was long line; Ginger Paimer - hardee3691.wpd Page 2` O O — 32-- Hazdee's of Midway 369 Hamline Ave.N. complainant had to go out to let the smoking employees know that complainant is a customer and wanted service. The investigation did not ftnd employees smoking outside at back azea; however, the dining area does have a smoking section and employees do take break at that section. There was evidence of filthy toilet, one of the toilet in the women's restroom is coated with feces. There was no disposable towel found in men's restroom and the hand drying device was not working at the time of the inspection. There were forty-four (44) violation orders issued and scored fifty-three (53). Violations included: PHFs being held at improper temperature, roast beef at 129 °F and hamburger at 105.2°F and half & half creamer at 60°F. *; employees coming back from break without washing hands prior to preparing and serving foods*; fly trap light being installed ]ess than three (3) feet (horizontally) from food prep surface*; flies present throughout the establishment*; employees wash hands in the food sink*; handsinks have no disposable towels and nail brush; leaky drain of d'ash sink; employees without hair restraints; vent covers are very dusty; and no sanitizer used for wiping any prep surfaces. Note: Manager was David Shahbaz and Alfonso Sevilla, supervisor. 09/14/99 There was a complaint made to the office that this establishment is filthy and possible employee spitted some slimy stuff on a sandwich. No on site response was made due to an investigation that was made on 09/10/99. 09/10/99 A partial inspection was conducted as the result of a complaint that the establishment was infested with thousands of fruit flies. Talked to David Shahbaz, a new manager. He said there were problems with fruit flies but they had just cleaned up and sanitized all the possible azeas of fly attraction and breeding. There was no fruit fly seen at the time of the investigation, but there were some house flies*. A fly trap light found being instal(ed too close (< 3 feet horizontally) to a food prep counter top*. No certified food manager on site. Note: General Manager was David Shahbaz and supervisor was Alfunso Sevilla. 08f I 1/99 There was a food borne illness complaint made to Minnesota Department of Health and was referred to the office. There was no on site investigation conducted due to indication from MDH as "Complaint to be logged in database". 07/09/99 An on site Management Review was conducted u the result of failing an inspection. During this inspection, the inspection report dated 06/28/99 was reviewed and discussed. The faciliTy was slightly improved since the last inspection. Correction schedule was set; see inspection report for more detail. Note: General Manager was Kos 00 - 3'�- Hardee's of Midway 369 Hamline Ave.N. Jahangiri and supervisor was Alfonso Sevilla. 0612$199 A full inspection was conducted as the resu]t of a complaint. The complaint was that the establishment was basically filthy and counter tops were dirty. There was no evidence of dirty counter tops; however, they aze old and hard to keep it clean or not look appealing. There were thirty-six (36) violations found and scored sixty-four (64). Violations included: openings present ailowing the entry of vermin (door was propped open)*. Improper concentration of sanitizer in the dish washing sink (<SOppm)*. Floor food soiled under 3-compartment sink and ice machine. Milk, a potentially hazardous food (PHF), is being held in a cooler with temperature of 58° F*. Handle of an ice scoop was buried in ice. Flies present in the establishment*. No sanitizer detected on wet wiping cloths used for wiping food prep surfaces*. No hand sinks were functioning. Employees were washing hands in the food sink and dish sink*. No towei found at hand sinks. No cover on waste bin found in women's restroom. Bucket of uncovered food found stored directly under Ieaky condenser of the walk-in cooler. Exterior of walk-in freezer door was food soiled. Two tickets were issued; one for not using sanitizer under the City of St. Paul Legislative Code Chapter 331.13. Another for not having a certified food manager with sixth notices under Chapier 331.24 of the Legislative Code of the City of St. Paul. Note: General Manager was Kos Jahangiri and supervisor was Alfonso Sevilla. 04/30/99 A complaint was made to the office that the faci(ity is generally filthy. There was no on site investigation conducted due to a similaz complaint and was investigated previously. 04/15/99 A partial inspection was conducted as the result of a complaint that the establishment is generally filthy, disgusting, found hair in the food and made the complainant sick after eating food from the establishment. There was no evidence of no hair restraint used that could possibly cause hair in food or excessive filth..,etc. at the time of the inspection. Empioyee found grabbing rims of cups and used as scoop to serve ice to customers. Hood(filters found food soiled; no certified food manager on staff. Note: Manager was Richard Anderson. 1998 09/28/98 A full inspection was conducted as the result of a complaint. Complainant stated that there were cockroaches in establishment and she found two of them in her sandwich. There was no evidence of cockroach; there were a total of thirty (30) violation orders issued and scored seventy-five (75J. Critical violations aze: PHF (milk) being kept in cooler at 58° F.; flies present in the establishment and no sanitizer detected in bucket of •Criticai Viola6on Ginger Paimer - hardee3691.wpd, Page 4 �0 �� Z— Hardee's of Midway 369 Ham{ine Ave.N. sanitizing solution and on wet wiping cloths. Note: manager at the time was Richard Anderson. 08l10198 A partial inspection of the establishment was conducted as the result of a complaint that the facility is generally filthy, inside, outside and under any counters. There were evidence of vents and vent covers and ceiling tiles that were very dusty or tiles were missing. Violations include: vent cover dusty; ceiling tiles missin� above ice bin and cups were used to scoop ice for customers. Note: Manager was David Erewer. 04/17/98 A full inspection was conducted as the result of complaints that the establishment was generally dirty and employees were coughing on the foods and serving foods with dirty hands. There was evidence of possible dirty hands; there was no towel at the handsink. There were thirry-four (34) violation orders issued and scored seventy-four (74). Violations included: verns and covers were dusty; equipment is in disrepair (cooler door not closed properly due to dattiage), ceiling tiles and light shie3d soiled, no towel found at hand sink, no sanitizer detected in bucket of sanitizing solution and on wiping cloths*, PHFs not properly thawed (at room temperature) and grouts on floor were missing. Note: Manager was Dave Brewer. 1997 12/01/97 There was a complaint made to the office that complainant bought hamburger there at the end of August and it appeazed old and green. There was no on site inspection conducted per Gary Pechmann since the complaint was made about three (3) months after the actual situation and because of a recent inspection. 1 I/OS/97 There was a complaint made to the office that there were syringes found in pazking lot and trash in the dumpster were overflowing. There was no on site response or investigation due to recent inspection. 10l31/97 A partial inspection was conducted as the result of a complaint that the facility is dirty and food is stale and old, Inspection found no evidence of old or stale food; products came in every four days according to manager, Delane Benson, during this inspection. Violations were: coving of walk-in cooler was missing; and floor food soiled. 08/18/97 A full roufine inspection was conducted; there were twenty-three (23) violation orders issued and scored seventy-five (75). Violations aze: equipment is in disrepair (door gaskets of cooler and freezer torn); cooks found prepazing food without using hair restraints; ice scoop handles buried in ice; PHFs found storing/keeping at improper temperature (chicken and roast beef at 128.6 °F and 143.6 °F.)*; flies present*; food equipment soited (interior of ice machine); no sanitizer detected on wet wiping cloths and 'Crirical �7olafion inger Pa mer - hardee3691.wpd � �Page 5� ao - Hazdee's of Midway 369 Hamline Ave.N. in bucket of sanitizing solution*; and no light shields in walk-in cooler. Note: Mana�er was Delane Benson. 06/OS/97 A Management Review was conducted in the LIEP O�ce as the result of failure to pass the inspection dated OSlQ7/97. During the Review, the inspection report referenced above was discussed and correction time line was scheduled. Note: Manager was Tim Kiava. OS{07t97 A full iaspection was conducted as the result of a food bome illness (FBI) complaint that the complainant was there and ate roast beef and mashed potato gravy and got sick with vomiting and diarrhea with some dizzy feeling. There were twenty-two (22) violation orders issued and scored sixty-nine (69). Violations included: equipment is in disrepair (cooler and freezer door gasket torn); PHFs found stored at improper temperatures (chicken and roast beef at 133.8 and 122.9 °F*; exterior door is not rodent proof (opening undemeath back door)*; no sanitizer detected on wet wiping cloths and in sanitizing solution bucket�'; and poisonouskoxic materials stored above food (multipurpose cleaners stored with and above food)*. Note: Manager was Tim HIava. 1996 OS/09/96 A partial inspection was conducted as the result of a complaint that when the complainant got home the ultimate cheese burger that was purchased from there was with a bite taken out of the burger. There was no evidence found during the inspection. Note: Manager was Tim HIava. 01l25/96 A partial inspection was conducted as the result of a complaint that the cheese burger that complainant bought from the establishment tasted funny and he became ill with chills and fever, vomiting and cramps at 4:OOam the next day. There was no evidence of old food or adulterated food; food (burger) were held for ten (10) minutes in a numbering hot holding system. Note: Manager was Tim HIava. �995 12/14/95 There was a complaint made to the office that a male staff used his teeth to separate ice cream cut and used one of them to fi11 with ice cream for customer. The complainant also found a piece of hair in the ice cream. There was no on site investigation conducted. 12f04f95 A full inspection was conducted as the result of a complaint that the whole establishment was generally filthy, i.e. ceiling tiles had never been cleaned. There was no evidence of dirty ceiling tiles because they were replaced. There were eleven (11) viotation orders issued and scored eighty-four (84). Violations included: wall with • crihw� v;o�ason Ginger Paimer - har ee3691.wp , Page 6 �� . Hardee's of Midway 369 Hamline Ave.N. deteriorating surfaces; no thermometer found in cooler; exterior door not rodent proof*; storing raw above prepared or cooked food�; and interior of ice machine is food soiled. 01/12J95 There was a full inspection conducted as the result of a complaint that the establishment was generally fiithy, grease, gazba�e all over the place and uncovered frozen chicken sitting in the cooler...etc. Investigation found no evidence; there was ten (10) violation orders issued and scored eighty-five (85). Violations included: no back flow preventor at control valve downstream from the water line*; floor food soiled; wall food soiled; toxic/poisonous material/chemical agents stored above utensils*; and food equipment was food soiled. 1994 12(04/94 A full inspection was conducted as the result of a complaint of a possible food bome illness (FBI). Complainant and daughter ate chicken sandwiches and both got sick with abdominal pain, cramps, nausea and diarrhea. No mentioning of confirmed FBI, but required follow-up. There were nine (9) violation orders issued and scored eighty-five (85). Violations inciuded: poisonousJtoxic materials or chemical agents being stored above food*; PHF being held at improper temperature (121°F)*; equipment is in disrepair (coo]er door gasket cracked); improper dispensing of single use items and unnecessary hazardous chemicals present*. 06/21/94 There was a full inspection conducted as the result of a complaint that insect (ant like) found in food items that bought from the establishment. There was no evidence of possible insect in food at the time of the investigation. There were ten (10) violation orders issued and scored eighty-one (81). Violations included: refrigerator overcrowded*; poisonousftoxic materials stored above food*; PHF being held at improper temperature*; equipment is in disrepair; and unnecessary hazardous chemicais present*. Note: there were no inspection reports found in fi]e prior to the above date; there were thirty-six (36) inspections conducted since Mazch 26'" , 1991, an average of four (4) inspections conducted yearly in ihis establishment. There were thirty-one complaints made to this office since February 2°", 1990 and sixteen (16) complaints made this yeaz since April 11 `", 1999; not to mention police response. There are three (3) additional complaints made since the last inspection, 11/19/99. 'Crifical Violapon p 0 - '3 �-- Atldress � � � ��{� I � � CartlholUer � I Type: C property �' �censee C Unofficial C All Streel#: 69 Street Name: LINE SYreet Type 1-�1+'':�9 DiYecho¢ <Alb v; Unit #. �—� CRY �All> ` � �S. ,�.� �C'� . � m ^� �'`+§�.�P.'�?+ 2 .._r�,o4P ..' ...�`@�4�.'t�� "' �" ��secNwt�. , c�„'� $�t:Ycex'isa,�pe rS efus"" ��'�_ � 1 �y - s � FL4RDEE'S FO00 }tARDEES OF MIDW,1 F Atarm PermR (Rene Delmqurnf��crnse E Y � ,False Alarms . .. 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