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08-1037Council File # �9i - i/� 3� RESOLUTION Presented by 1 WHEREAS, adverse action was taken against the Restaurant Food (A) — 0-12 Seats and Mobile 2 Food licenses held by Glenn Bazon d/b/a Zooper Food, LLC (License ID#0025102) for the premises 3 located a 256 Kaufinan Drive in Saint Paul by Notice of Violation dated August 15, 2008, alleg3ng 4 licensee fai d to correct the Critical — Minor Environmental Health Code violation documented by the DSI 5 during a re-in ection on July 22, 2008; and 6 7 WHEREA licensee did respond to the Notice of Violation to pay the $125.00 matrix penalty but 8 did not call to sched an inspection to verify the conection of the Critical-Minor violation; and 9 10 WHEREAS, the fice of Violation staxed that if the licensee failed conect the Critical-Minor 11 violation by August 25, 20 , that the matter would be placed on the consent agenda to impose the 12 recommended penalty; now, erefore, be it 13 14 RESOLVED, that the Res urant Food (A) — 0-12 Seats and Mobile Food Cart licenses held by 15 Glenn Baron d/b/a Zooper Food, L C are hereby suspended until the Critical-Minor violation is corrected 16 and inspected. Requested by\Department o£ Adoption Cerkified by Council Secretary By: Approved by Mayor: Date � Fo oved by Ciry Attomey BYn � .e,✓1 Form A rove by ayor a� bmi s'on to Council By: � Adopted by Council: Date �`�,r\ _=,� Green Sheet $� — DeptofSafery&Inspections � 03.SEP-08 Confact Person & Phone: Rachel Tiemey 266-8710 musz ce on 17SEP-08 Doc. Type: RESOLUTION E-Document Required: Y Document CoMact: Julie Kraus Contact Phone: 266-8776 � Assign Number For Routing Order Totat # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3059004 0 ept of Safetv & Iospections l 1 ept of Saietv & Inspections I Depar�ent Director i 2 'ry AttomeY 3 or's Office I Ma odAssistant 4 ouncil � 5 i Clerk Ciry Clerk Appcoval of the attached resoturion to take advecse acrion against the Restautant (A) 0-12 Seats and Mobile Food Cart ]icenses held by the Glepn Baron d/b/a Zooper Foods, LLC (License ID#0025102) for the premises located at 1256 Kaufmau Drive in Saint Paul. Planning Commission CIB Committee Civil Service Commission 1. Has this personlfirm ever worked under a contract for this department? Yes Na 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normafty possessed by any curtent city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (4Yho, What, When, Where, Why): Licensee failed to coaect a Cridcal-Minor violation documented by DSI during a re-inspec6on on July 22, 2008. After notificarion, licensee did pay the $125.00 penalry, but did not call to schedule an inspecrion to verify viola6on had been coaected. Advantages If Approved: License suspension until violarion is cosected and inspected. Disadvantages If Approved: Disadvantages If Not Approved: Trensadion: Funding Source: Financial Information: (F�cplain) Activity Number: CostlRevenue Budgeted: September 3, 2008 11:07 AM Page 1 OFFICE OF TF� CITY ATTORNEY John d Choi, CityAttomey SAiNT PAUL � AOAA CITY OF SAINT PAUL Christopher8. Coleman, Mayor Aua st 15, 2008 Owner/Manager Zooper Food, LLC 1256 Kaufinan Drive St.Paul,MN SS1Q8 RE: Restaurant (A) — 0-12 Seats and Mobile Food Cart licenses held by Glenn Baron d(b!a Zooper Food, LLC for the premises located at 1256 Kaufrnan Drive in St. Paul License ID#:0025102 Dear Sir/Madam: Civil Division 400 Cify Hall 15 West Kellogg Blvd. Sainf Paul, Mnnesofa 55102 NOTICE OF VIOLATION Telephone: 65126&87>0 Facsimile: 65129&5619 The Department of Safety and Inspecfions (DSn will recommend adverse action against the Restaurant (A) — 0-12 Seats and Mobile Food Cart licenses held by Glenn Bazon d/b/a Zooper Food, LLC for the premises located at 1256 Kaufman Drive in St. Paul. The basis for the recommendation is as follows: On July 22, 2008, the Environmental Health Division conducted a re-inspection of your establishment and cited you for one (1) - CRITICAL (Minor) violation which had not been currected by the June 13, 2008 deadline— the quaternary ammonium sanitizing solufion is not at the proper concentrahon (quaternary sanitizer in spray bottle under 200 PPlI�. This is a violation of Minnesota Administrarive Rules part 4626.0805: "A quaternary ammonium compound solution must have a minimum temperature of 75 degrees Fahrenheit, have a concentration specified by the manufacturer's use directions included in the labeling, and be used only in water with S00 mg/L hardness, or less, or in water having a hardness no greater than specified by the manufacturer's Zabel and a concentration between 200-400 ppm." As per Saint Paul Legislative Code §310.05 (m) (8}, the licensing office will recommend a $125.00 matrix penalty and suspension ofyour food licenses until the violation has been corrected AA-ADA-EEO Employer � ZooperFoods, LLC Augnst 15, 20D8 D�'1D3� At this time, you have three options on how to proceed: You can conect the violation and pay the recommended $125.00 mahiY penalty. If this is your choice, please send the payment to the Department of Safety and Inspections (DS� at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, August 25, 2008. Payment should be directed to the attention of ChrisEine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the penalty will be considered a waiver of the hearing to which you aze entitled. You may contact David Weisberg, Environmental Health Specialist at (651) 266-9094 to schedule an inspection to verify that the violation has been corrected. If the violation has not been corrected, fhe matter will then be ulaced on the Council's Consent A2enda for susaension of pour 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 public hearing. We will need to receive your letter by 1Vlonday, August 25, 2008. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the penalty and license suspensions. You will have an opportunityto appear before the Council and make a statement on your own behalf. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the Ci'ry wiii be able to appeaz and present wiinesses, evidence and cross- examine 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 administrative hearing. If you have not contacted me by that date, I will assnme that you are not contesring the imposition of the $125.00 matrix penalty and suspension of your food licenses. In that case, the matter will be piaced on the CouuciPs Consent Agenda for appraval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, t2 c��. � �j Rachel Tiemey Assistant City Attorney cc: Christiue Rozek, DeputyDirector of DSI Bill Gunther, Environmental Health Manager Glenn Bazon, 803 Osceola Avenue, St. Paul, MN 551�5 Ms. Sue McCall, Community Organizer, Disfrict 10 Como Coznmunity Council 1224 Le�ngton Pazkway North, St. Paul, MN 55103-1000 ( AA-ADA-EEO Employer 4626.0805 Minnesota Rule �_ Page 1 of 2 Minnesota Adininistrative Rules D�'143�7 4626.0805 4-501.114 MANiJAL AND MECFIANICAL WAREWASFIING EQiTIPMENT; CHEMICAL SANIT�ATTON, TEMPERAT`URE, PH, CONCEN'IRATION, A1tTD AARDNESS.x A. A chemical sanitizer used in a sanitizing solurion for a manual or mechanical operafion at the exposure times specified in part 4626.0905, item C, sha.11 be listed in Code of Federal Regulations, title 21, section 178.1010, or in Minnesota Statutes, chapter 31. The sanitizer shall be used according to this part and the manufacturer's label approved by the federal Environmental Protecflon Agency. B. The sanitizer shall not exceed the amount specified on the manufacturer's label approved by the federal Environmental Protection Agency. C. If a sanifizer is used in an amount less than the masimum amount specified on the label in item B, the sanitizer shall be used as specified in this item. (1) Unless the product label specifies otherwise, a chlorine solufion shall have a minimum concentration of 50 ppm and: (a) a minimum temperahxre of 24 degrees C(75 degrees F) for water with a pH of ein�t or less; or �b) a?n?nnnum temperature of 38 deg_rees C(1_00 �e�ees F) for �vater with a pH of 81 to 10. (2) An iodine solution sha11 have: (a) a minimum temperature of 24 degrees C(75 degrees F); (b) a pH of 5.0 ar less, unless the manufacturer's use directions included in the labeling specify a higher pH limit of effectiveness; and (c) a conceniration between 12.5 mg/L and 25 mg/I,. (3) A quaternary ammonium compound solution sha11: (a) have a minnnum temperature of 24 degrees C(75 degrees F); (b) have a concentrarion specified in part 46261620 and as indicated by the manufacturer's use directions included in the labeling; and (c) be used only in water with 500 mg/L hardness or less or in water having a hardness no greater than specified by the manufacturer's label. D. Mechanical warewashing equipment sha11 be equipped with a visual or audible warning device to permit the operator to easily verify when the sanitizing agent is depleted. E. Other chemical sanitizers may be used if they aze applied according to the manufacturer's use directions included in the labeling. Statutory Authority: MS s 31101; 31.11; 144.05; 144.08; 144.12; 157.011 History: 23 SR 519 https:lfwww.revisor.leg.state.mn.usirulesl?id=4626.0805 8/14f2008 City of St. Paul, MN - Offici�l Website - City Charter & Codes Page 1 of 1 (m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by which 1 determines the amounf of fines, the length of license suspensions and the propriety of revocations, and shall ap rnese peTSat[res are presumecl to be appropnate tor 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 Violation (1) Violations of conditions placed on the license (2) Violation of provisions of the legislative 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 Appearance 1st 2nd $500.00 fine $1,000.00 fine $500.00 fine $1,000.00 fine $500.00 fine $1,000.00 fine (3) Failure to permit entrance or inspection by LIEP 5-day 10-day inspector or police suspension suspension (4) Commission of a crime other than a felony on the $700.00 $1,500.00 premises by a licensee or employee (5) Commission of a felony on the premises by a licensee or $2,000.00 Revocation employee (6) Death or great bodily harm in establishment related to 30-day 60-day violation of law or license conditions suspension suspension (7) Failure to pay license fees (8) Critical violations under331A Revocation $250.00 $500.00 (9) Non-critical violation under 331A $150.00 $250.00 3rd $2,000.00 fine anc day suspension $2,000.00 fine anc day suspension $2,000.00 fine anc day suspension 15-day suspensior 5-day suspension n/a Revocation $1,000.00, 5-day suspension $500.00 http://www.ci.stpaul.mn.us/web/CityCode(1c310.htm1 8/14/2008 STATE OF MINNESOT�° ( � �� AFFT71AViT (lF CFRVT!'F RV iT C MA7T COIINTY OF RAMSEY ) b8�ra3� Julie Kraus, being first duly swom, 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: Owner/Manager Zooper Food, LLC 1256 Kaufman Drive St. Paul, MN 55108 Glenn Baron 803 Osceola Avenue St. Paul, MN 55105 Ms. Sue McCall Community Organizer District 10 Como Community Council 1224 Lexington Parkway North cr. Pau!, MN 55? 03-? QQO (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 �� � �,����, � o y Public RiTA M. BOSSARD NOTARY PU8 L�C - MINh�SOTA MY COMMISSION � ��= IXPIRESJAN.31,2010