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08-1035Conncil Fi1e # RESOLUTION Presented by 1 WIIEREAS, adverse action was taken against the Restaurant Food (B) — mare than 12 seats license 2 held b�y Rosario D. Lopez dibla Manana Restaurant (License IA #20050004088) for the premises located at 3 828-7 Street East in Saint Paul by Notice of Violation dated August 15, 2008, alleging licensee failed to 4 correct two Crirical — Major Environmental Health Code violations documented by the DSI during a re- 5 inspection on July 25, 2008; and 6 7 WI�EREAS, licensee did not respond to the Notice of Violation to contest the allegation or pay the 8$500.00 matrix penalty and conect the two Crirical-Major violations; and 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the Notice of Violafion stated that if the licensee £ailed to contest the allegation or pay the $500.00 matrix penalty and correct the two Critical-Major violations by August 25, 2008, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Restaurant Food (B) — more than 12 seats license held by Rosario D. Lopez dfbla Manana Restaurant aze hereby suspended until the two Critical-Major violations aze conected and inspected. Also, a matrix penalty of $500.00 is imposed for failure to correct the two Critical-Major violations documented in the July 25, 2008, restaurant re-inspection. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. Adoprion Certified by Council Secretary BY� ( ! v� . Approv ayor. D�� BY� � r ll v Y Requested by Department o£ f � BY� ��[l� T� R.�� Form roved by City Attorney By: Form A oved y ayor bmi s on to Council By: , Adopted by Council: Date �ff7�jJ� �� Green Sheet Green Sheet SI -17eptofSafety&Inspections � 03-SEP-08 Contact Person & Phone: Rachel Tiemey 266-Si50 Must 8e on Gouncil Agenda b(Dat 17-SEP-0B Doc. Type: RESOLUTION EAOCUment Required: Y Documenf Confact: Julie Kraus � Assign Number For Routing Order Confact Phone: 266-8776 ToWI # of Signature Pages _(Clip All Locations for Sfgnature) Green Sheet NO: 3059002 0 i eaLOtSafety&InsD�oas 1 �eptofSafety&Inspections DeparhnentDirector 2 ' Attorn 3 a or's OSace Ma odASSistant 4 ouncil 5 ' L7erk (.ti Cterk Approval of the attached resolurion to take adverse action against the Restauraat (B) - more than 12 seats license held by Rosario D. Lopez dlbfa Manana Restaurant (License ID#20050004U88) for the premises located at 828-7th S4eet East in Saint Paul. itlations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission t. Has this person/firm ever worked under a contrad for this department? Yes No 2. Has this personffirm ever been a city employee? Yes No 3. Does this person(firm possess a skilf not norcnally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to correct two (2) Crirical - Major Euvironmental Health Code violarions doucmented by DSI during a re-inspection on Juy 25, 2008. After nofification, licensee did not respond to the Notice of Violation. Advantages IfApproved: Imposi5on of $500.00 mahix penalty and suspension of license until violarions haue been corrected and inspected. pisadvantages If Approved: None. DisadvanWges If Not Approved: Trensaction: Funding Source: Financtal lnformaGan: (Explain) Cost/Revenue Budgeted: Activity Number: September 3, 2008 10:53 AM Page 1 OFFICE OF TFIE CITY ATTORNBY John J. Choi, Ci(yAttomey — __ ---- – (,O " � /i J � swcxr PAUL C11 OF SAINT PAUL � Civil Division ChnstopherB. Coleman, Mayor 400 CifyHall Telephone: 65� 266-87>0 95 West Kellogg Blvd. Facsimile: fi51298-5619 AAAR SaintPaN, Mrnnesota 55102 AUgUSt 1$, 2008 NOTICE OF VIOLATION Owner/Manager Mauaua Restaurant 828 — 7�' Street East St. Paul, NIlV 55106 RE: Restaurant (B) — more than 12 seats license held by Rosario D. Lopez dlb/a Manana Restaurant for the premises located at 828 — 7�' Street East in Saint Paul LicenseID #20050004088 Dear Sir/Madam: The Department of Safety and Inspecfions (DSn will recommend adverse action against the Restaurant (B) — more than 12 seats license held by Rosatio D. Lopez d/b/a Manana Restaurant for the premises located at 828 — 7�` Street East in Saint Paul. The basis for the recommendation is as follows: On June 23, 2008 the Department of Safety and Inspections (DSn - Environmental Health Division conducted an inspection ofyour establishment and cited you for trvo (2) CRITICAL- Minor violations and two CRITICAL- MAJOR violations: The mechanical refrigeration equipment is holding potentially hazardous food at temperatures over 41 degrees Fahrenheit (Cower portion of prep cooler at 44 degrees and upper at 47 degrees) and foods are not properly marked with time when they must be consumed or discarded (cabbage salad in pail at room temperature, discard time not marke�. On June 24, 2008, DSI sent you a Notice of New Critical Violations listing the violations from the June 23, 2008 inspection and explaining they need to be corrected. You were then informed that a re-inspection would take place on or after July 23, 2008. On July 25, 2008, the Environmental Health Division conducted a re-inspection and again cifed you for the two (2) CRITICAL —Majorviolations that had not been corrected by t&e July 23, 2008 deadline: The mechanical refrigeration equipment is holding potentially hazardous food at temperatures over 41 AA-ADA-EEO Employer � August 15, 2008 Page 2 egrees a renheit (Lower portian ofprep cooler at 48 degrees ¢nd upper at 52. 7 degrees for cheese and 55 for salsa) and foods are not properly marked with tiune when they must be consnmed or discarded (cabbage salad in pail at room temper¢ture, dzscard time not marked}. Tliese are violations of Minnesota Administrative Rules part 4626.0395: "Provide adequate, approved mechanical refrigeration to maintain cold potentia[Zy hazardous foods at 4I degrees Fahrenheit ezcept during preparation, cooking or cooling." and Minnesota Administrative Rules part 4626.0410: "When using time only rather than time and temperature as a public heaCth control, for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or heZd for service for immediate consumption, the food must be marked or otherwise identifzed with the time within which the foad is to be cooked, served or discarded. " As per Saint Paul Legislafive Code §310.05 (m) (8), the licensing office will recommend a $500.00 matrix penalty for the two violations and suspension of your food licenses until the violation has been corrected. At this time, you have three options on how to proceed: You can conect the violation and pay the recommended $500.00 matrix penalty. If this is your choice, please send the payruent to the Deparhnent of Safety and Inspections (DSI) at 8 Fourth Street East, Suite 200, St. Paul, Mimiesota 55101-1002 no later than Monday, August 25, 2008. Payment should be directed to the attention of Christine Rozek. A self- addressed envelope is enclosed for your convenience. Payment of the penalty will be considered a waiver of the hearing to wluch you are entifled. You may also contact David Weisberg, Environmental Health Specialist at (651) 266-9094 to schedule an inspection to verify that the violafion has been conected. If the violation has not been corrected the matter will then be ulaced on the Council's Consent Aeenda for suspension of your 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 requesting a pubiic hearing. We will need fo receive your letter by Monday, August 25, 2008. The matter will then be scheduled before the City Council for a public heariug to determine whether to impose the penalty and license suspensions. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. AA-ADA-EEO Employer �_. augu� is, zoos Page 3 � � /d?� C� 3. If you dispute the above facts, you can request a hearing before an Aduuuistrarive Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-exauvue each other's witnesses. The St. Paul City Council will ultimately 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 aclministrative hearing. If you have not contacted me by that date, I will assume that you are not contesting the imposifion of the $500.00 matrig penalty and suspension of your food licenses. In that case, the matter will be placed on the Conncil's Consent Agenda for approval of the recommeuded penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �� Rachel Tierney Assistant City A±±o!sey ca Christine Rozek, Deputy Directar of DSI Bill Gunther, Environxnental Health Manager Rosario D. Lopez, 1164 Geranium Avenue East, St. Paul, MN 55106 Ms. Karin DuPaul, Communiiy Organizer, Dayton's Bluf£ District 4 Community Council 798 East Seventh Street, St. Paul, MN 55106-6625 AA-ADA-EEO Employer 4626.0410 Muwesota Rule i Page 1 of 1 � Minnesota Adminisirative Rules �R - / 4626.0410 3-50119 TIl�� AS PUBLIC AEALTH CONTROL.x Subpart 1. Requirements. Time only, rather than time in conjunction with temperature, may be used as the public health control for a worlflng supply of potenfially hazardous food before cooldug, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, if: A. the food is marked or otherwise identified with the time within which it shall be cooked, served, or discarded; B. when the food that is provided for sezvice and consumption is removed from temperature control, the food: (1) is served or discazded within four hours; and (2) is not removed from tnne control and reriuned for use at a later time; C. food in unmazked containers or packages, or for which the time expires, is discarded; and D. written procedures aze maintained in the food establishment and made available to the regulatory authority upon request, to ensure compliance with: (1) items A to C; and (2) part 4626.0385 far food that is prepazed, cooked, and refrigerated before time is used as a public health control. Subp. 2. Notification. The food establishment must submit written nofification to the regulatory authority of its intention to use the procedures provided under tkus part prior to implementing the provisions of this part. Statutory Authority: MSs 31.101; 31.11, 144.05; 144.08; 144.12; 157.011 History: 23 SR 519 Posted: October 11. 2007 https:flwwwsevisor.leg.state.mn.usJrulesJ?id=4626.0410 8/15J2008 4626.0395 MinnesotaRule � � Minne sota Administrative Rules 6g / Page 1 of 1 4626.0395 3-501.16 POTENTIAI.LY Ha�aRnOUS FOOD; HOT AND COLD HOLDING.x Except during prepazation, cooldng, or cooling, or when time is used as the public health control as specified in part 4626.0410, potentially hazardous food shall be maintained: A. at 60 degrees C(140 degrees F) or above, except that roasts cooked to a temperature and for a time specified in part 4626.0340, item B may be held at a temperature of 54 degrees C(130 degrees F); or B. at 5 degrees C(41 degrees F) or below under mechanical refrigeration, except as specified in part 4626.0405, item B. Statutory Authority: MSs 31.101; 31.11; 144.05; 144.08; 144.12,- 157.011 History: 23 SR 519 Posted: OctobeN 11, 2007 https:flwwwsevisor.leg.state.mn.uslrules/?id=4626.0395 8J15/2008 City of St. Paul, MN - Offic �i Website - City Charter & Codes Page 1 of 1 p�5� l6�5 (m) Presumptive pena/ties for certain viola5ons. The purpose of this section is to establish a sfandard 6y which 1 determines the amount of fines, the length of license suspensions and the propriety of revocations and shall an y rtese �5ena es are presumed to be appropriate for every case; however the council may deviate therefrom in 2 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 seie appropriate. Type of Volation (1) Violations ofi conditions placed on the license (2) Violation of provisions of the Iegisiative code relating to the licensed activity (2) Violation of provisions of the Iegislative 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 licensee 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 law or license conditions (7) Failure to pay license fees (8) Critical violations under 331A Appearance 1st 2nd 3rd $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 suspension Revocation $250.00 (9) Non-critical violation under 331A $15Q.�0 60-day Revocation suspension $500.00 $250.�0 $1,000.00, 5-day suspension $Sa0.�0 http:!/www.eistpaul.mn.uslweblCityCode/1e310.hhn1 8/14/2008 STATE OF MINNESOT� � COIJNTY 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 conect copy thereof in an envelope addressed as follows: Owner/Manager Manana Restaurant 828 — 7�' Street East St. Paul, MN 55106 Rosario D. Lopez 1164 Geranium Avenue East St. Paul, MN 55106 Ms. Karin DuPaui, Community Organizer Dayton's Bluff District 4 Community Council 798 East Seventh Street St. Paul, MN 55106-6625 (which is the last lmown address of said person) deposifing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. '' � � Julie Kraus Subscribed and swom to before me this 15�' day August, 2008 �� Notary Public RiTA M. BOSSA42D NOTARYPUBLIC•MINNESOTA MY COMtvilSSiO^F � `..r' Fy.PlRESJAN.31.201;i':' �.=�w -�>�-.:-,-.:�`-.�--.;,