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08-1034Green Sheet # RESOLUTION Presented by 1 WHEREAS, adverse acrion was taken against the Restaurant Food (D) — Grocery 3001-6000 sq. ft 2 and Retail Butcher-Secondary Facility licenses held by White Page, Inc. d76/a Chi-Town Meat & Grocery 3(License ID#20080000720} for the premises located at 516 Rice Sueet in Saint Paul by Notice of 4 Violation dated August 15, 2008, alleging licensee failed to correct the Critical — Minor Environmentai 5 Health Code violation documented by the DSI during a re-inspection on July 9, 2008; and 7 WHEREAS, licensee did not respond to the Notice of Violation to contest the allegation or pay the 8$125.00 matrix penalty and conect the Critical-Minor violation; and 9 10 WHEREAS, the Notice of Violation stated that if the licensee failed to contest the allegation or pay 11 the $125.00 matrix penalty and correct the Criucal-Mlnor violation by August 25, 2008, that the matter 12 would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Restaurant Food (D) — Cnocery 3001-6000 sq. ft and Retail Butcher- 15 Secondary Facility licenses held by White Page, Inc. dfb/a Chi-Town Meat & Cnocery are hereby 16 suspended until the Critical-Minor violation is conected and inspected. Also, a matrix penalty of $125.00 17 is imposed for failure to correct the Critical-Minor violation documented in the July 9, 2008, restaurant 18 re-inspection. Payment of such penalty shall be made within thirty days of the date of the adoption of this 19 resolution. 20 Requested by Department oE Adoption Certified by Coun il Secretary BY: , Approve$�y 1� ayo � D�te � BY� � � J �d-� BY: Yf � Form oved by Cit�y A BY� � LU�X.. L�__ Form A o�ved y or fo miss' to Council By: Adopted by Council: Date ��/7�J1f1 � Green Sheet Green Sheet Green Sheet -Depk ofSafety & Inspections Confacf Person 8 Phone: Rachel Tiemey 266-8710 musi ne on 1TSEP-08 Doc_Type: RESOLUTION E-0ocumeM Required: Y Document Confad: Juiie Kraus Contact Phone: 266-8776 03-SEP-0B � Assign Number For Routing �rder Total # of Signature Pages _(Clip All Locatfons for Signature) Green Sheet NO: 3059001 0 ept of SateAV & Inspeclioos 1 e tof5aie &Ins edions De arhnentD'vector 2 Attorne 3 or'sOffice Ma orlASSistaM 4 oancil 5 " Cferk Ci CLerk � Approval of the attached resolution to take adverse action against the Restaurant Food (D) - Grocery 3001-6000 sq. ft. and Retail Butcher-Secondary Faciliry licenses held by White Page, Inc. d/b/a Chi-Town Meat & Grocery (License ID#20080000720) for the premises located at 516 Rice Street in Saint Paul. Planning Commission GIB Committee Civil Service Commission 1. Has this person(firzn ever worked under a contract for this department? Yes No ' 2. Has this person/flrm ever been a city employee? Yes No 3. Does this persoNfirm passess a skill not nottnally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheM (nftiating Problem, lssues, OppoRunity (Who, What, When, Where, Why): Licensee failed to conect the Crirical-Minot Environmental Aealth Code violation documented by DSI during a r�inspecpon on July 9, 2005. After notificarion, licensee did not respond to the Notice of Violation. AdvanWges If Approved: Imposition of $125.00 matrix penalry and suspension of licenses until violation is corrected and inspected. DisadvanWges IfApproved: None. Disadvantages It Not Approved: Transaction: Funding Source: Financial frrformation: (�plain) Adivity Number: CosURevenue Budgeted: September 3, 2008 10:43 AM Page 1 ( OFFICE OF THE CITY ATTORNEY ✓ohn J. Choi, Ci(vAHOm SnINT P"°� CITY OF SAINT PAUL CivilDivision 1 Chnsfopher8. Co/eman, Mayo� 40Q City Hall 7elephone: 65l 2668710 1� f5 Wesf Ke/logg Blvd. Facsimile: 65� 298-56�9 �AAA Sainf Fauf, Mnnesofa 55'102 August 15, 2008 NOTIC`E OF VIOLATION OwnerlManager Chi-Town Meat & Grocery 516 Rice Street St. Paul, MN 55103 RE: Restaurant Food (D)-Crrocery 3001-6000 sq. ft and Retail Food Butcher-Secondary Facility licenses held by White Page, Inc., d/bla Chi-Town Meat & Grocery for the premises located at 516 Rice Street in Saint Pau1 License ID #20080000720 Dear Sir/Madam: The Department of Safety and Inspections (DSI} will recommend adverse action against the Restaurant Food (D)-Crrocery 3001-6000 sq. ft and Retail Food Butcher-Secondary Facility licenses held by White Page, Inc. d/b/a Chi-Town Meat & Crrocery for the premises located at 516 Rice Street in Saint Pau1. The basis for the recommendafion is as foilows: On April 28, 2008 the Department of Safety and Inspections (DSn - Environmental Health Division conducted an inspection ofyour establishment and cited you for one (1) CRITICA.L- Minor violation: Equipment lacks approved backflow prevenfion (hose with spray nozzle connected to water inlet withoutbackflowpreventiori device). On May 16, 2008, DSI sent you a Notice of New Criticai Violations listing that violation from the April 2$, 2008 inspection and e%plaining it needed to be corrected You were then informed that a re-inspection would take place on or after May 28, 2008. On June 6, 2008 and July 9, 2008 respecfively, the Environmental Health Division conducted re-inspections and again cited you ior same CRITICAL — Minor violation that had not been corrected by the May 28, 2008 deadline: Equipment lacks approved backflow prevenfion (hose with spray nozzle connected to water ixlet without bttckflow prevention device). AA-ADA-EEQ Employer < Chi-Town Page 2 o� � ����f 'l �sis a violation of Minnesota Administrative Rnles part 4b261190: "Water used under pressure in equipment in food and beverage establishments must be drained to a sanitary sewer through an air gap. Examples are: refrigerafzon, cooling wdter, water softener and drained steam jacketed kettles." As per Saint Paul Legislafive Code §310.05 (m) (8), the licensing office will recommend a $125.00 matrix penalty and suspension of your food licenses until the violation has been conected. At this time, you have three options on how to proceed: [►.�1Z1F3 You can correct the violafion and pay the recommended $125.00 matrizc penalty. If this is your choice, please send the payment to the Department of Safety and Inspections (DSn at 8 Fourth Street East, Suite 200, St. Pau1, Minnesota 55101-1�02 no later than Monday, August 25, 2008. Payment should be directed to the attention of Christine Rozek. A self- addressed envelope 3s enclosed for your convenience. Payment of the penalty will be considered a waiver of the hearing to which you aze entitled. You may also contact Fong Lox, Environmental Health Specialist at (651) 266-9098 to schedule an inspection to verify thatthe violation has been corrected. If tne violation has not been corrected the matter wiil then be piaced on the Council's Consent A2enda for susnension of vour food licenses. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and zequesting a public heazing. We will need to receive yout letter by Monday, August 25, 2008. The matter will then be scheduled before the City Council for a public hearing to detemune whether to impose the penalty and Iicense suspensions. You will have an opportiuuty to appeaz before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Admivistrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine each other's witnesses. The St. Paul City Council will ultunately decide the case. If this is your choice, please advise me no later than Monday, August 25, 2008, and I will take the necessary steps to schedule the administrative hearing. AA-ADA-EEO Employa August 15, 2008 Page 3 Dg-IG3 -- y�not contacted me by that date, I will assume that you are not contesting the imposition of the $125.QQ matrix penalty and suspension of your food licenses. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincezely, �Za�n�, � `u� Rachel Tierney Assistant City Attomey cc: Christine Rozek, Deputy Director of DSI Bill Gunther, Environmental Health Manager Jalal Kahala, 10421 Golden Eagle Trail, Woodbury, MN 55129 Tate Danielson Castillo, Exec. Director, Thomas-Dale/District 7 Plam�uig Counci] 533 North Dale Street, St. Paul, MN 55103-1644 AA-ADA-EEO Employer r" STATE OF MINNESO'�''' � COUNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the 15� day of August, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: OwnerlManager Chi-Town Meat & Grocery 516 Rice Street St. Paul, MN 55103 Jalal Kahala 10421 Golden Eagle Trail Waodbury, MN 55129 Tate Danielson Castillo, Exec. Director Thomas-DalelDistrict 7 Planning Council 533 North Dale Street St. Paul, MN 55103-1644 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � �� Julie Kraus Subscribed and sworn to before me this 15�' day August, 2008 ��¢�2�_�� �'l - � ��/t� Notary Public RITA M. 80SSARD FqTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES dAN. 31, 20 1 0 4626.1190 Minnesota Rule __ i ( Page 1 of 1 Minnesota Administrative Rules 08� � 46261190 5-402.12 BACKFLOW PREVENTION.F A. Except as specified in items B and C, a direct connecrion shall not exist between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed. B. If allowed by chapter 4715, a wazewashing machine may have a direct connection between its waste outlet and a floor drain when the machine is located within 1.5 meters (five feet) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floar drain trap. C. If allowed by chapter 4715, a warewashing or culinary sink may have a direct connection. Statutory Authority: MSs 31.101; 31.11; 144.05; 144.08; 144.12; 157.011 History: 23 SR 519 Posted: October 11, 2007 hripsJlwwwsevisor.leg.state.mn.us/rules!?id=46261190 8/141200$ City of St. Paul, NIN - Official Website - City Charter & Codes ( Page 1 of 1 -- � � ox��a3� (m) Presumptive penalties for certain violations. The purpose of fhis section is fo esfablish a sfandard by which 1 _ �iieense-sa5per�ieFlS-ancJ tlic��ara�riety of re�nr tinne and chali a� types, except that in the case of a vioiation mvo vmg a �quor icense �„ c ie7at —� These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in a where the council finds and determines that there exist substantial and compelling reasons making it more appn When deviating from these standards, the council shall provide written reasons that specify why the penalty sele appropriate. Type of �olation Appearance 1st 2nd 3rd (1) Violations of conditions placed on the license {2) Violation of provisions of the Iegislative code relating to the licensed activity (2) Violation of provisions of the legislative code relating to the licensed activity, other than violations of the food code (3) Failure to permit entrance or inspection by LIEP inspector or police (4) Commission of a crime other than a felony on the premises by a iicensee or employee (5) Commission of a felony on the premises by a licensee or employee (6) Death or great bodily harm in establishment related to violation of Iaw or license conditions (7) Failure to pay license fees (8) Critical violations under331A (8) Non-critical violation under 331A $500.00 fine $1,000.00 fine $2,000.00 fine anc day suspension $500.00 fine $1,000.00 fine $2,000.00 fine anc day suspension $500.00 fine $1,000.00 fine $2,000.00 fine anc day suspension 5-day 10-day 15-day suspensior suspension suspension $700.00 $1,500.00 5-day suspension $2,000.00 Revocation n/a 30-day s�spension Revocation $250.00 $150.00 60-day Revocation suspension $500.0� $250.00 $1,000.00, 5-day suspension $500.00 http://www.ci.stpaul.mn.us/web/CityCode/1c310.htm1 8/14/2008