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08-1194Council File # � � � � °I "/ Green Sheet # � b� Presented RESOLIlTION SAINT PAUL, MINNESOTA � , 2 3 4 5 6 7 WfIEREAS, adverse action was izutiated against the Restaurant (3) 13-5� Seats license held by Taher, Inc., d/b/a Hubbard Broadcasting (KSTP Building) (License ID #20080001597) far the premises located at 3415 University Avenue West in Saint Paul by Notice of Violation dated September 12, 2008, alleging the license failed to pay the $375.00 matriY penalty for the one (1) unconected CRITICAL — Major violation and one (1) CRITICAL — Minor violation documented by the Environmental Health Division during a re-inspecfion on August 7, 2008; and 8 WFIEREAS, licensee did conect both violations on September 23, 2008, but failed to pay the 9 $375.00 matrix penalty; and 10 11 WHEREAS, the Notice of Violation stated that if the licensee failed to contest the allegation or pay 12 the $375.00 matrix penalty by September 22, 2008, that the matter would be placed on the consent agenda 13 to impose the recommended penalty; now, therefore, be it 14 15 16 17 18 19 20 RESOLVED, that Taher, Inc., d/b/a Hubbard Broadcasting (KSTP Building) is hereby order to pay a matrix penalty of $375.00 far the one (1) uncorrected CRITICAL — Major violation and one (1) CRITICAL — Minor violation documented by the Environmental Health Division during a re-inspection on August 7, 2008. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. Requested by Deparhnent of: � �� By- � = A �k�_ By� prove� yCi�Attorney D41e�y _ ! �fA � Adoption Certified by Co icil Secretary By: / Appro e y a•: Date (1 / G' By: Form Approved by Mayor f r Submission to Council BY' ,��('e� ��/0'7�/it-o `D�-l� �ldD�' Adopted by Council: Date �/jj���/f� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet D �,�� yu 1"' Department/OfficelCouncil: Date Initiated: SI -�t.ofSafety&Inspections ,o..o�T-0$ � Green Sheet NO: 3060683 Contad Person & Phone: I Deparfinent Se'k To Pewon InkialNate I Rachel Tiemey � 0 � ot af Safetv & Insoecfions (--- --- -� , 266$710 I 1 ept of Safery & Insoections De artm¢nt D'uector ' Assign 2 ' Attome �--- ---' i Must Be on Council Agenda by (Date): Number i � i 05-NOV-0B -..k � or 3 a or's Office MavodASSistant � i oulina � 4 onneil � ----- —} I Doc. Type: RESOLUTION E-Document Required: Y Document Confact: �ulie Kraus Confact Phone: 266-8776 Order ToWi # of Signature Pages _(Clip All Locations for SignaWre) Approval of the attached resolution to take adverse acrion against the Restaurant (3) 13-50 Seats license held by Taher, Inc. d/b/a Hubbazd Broadcasting (KSTP Building) (License ID#20080001597) for the premises located at 3415 Universiry Avenue W est in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civi1 Service Commissian Personal Service Contracts Must Answer the Following Questions: 1. Has this persoNfirm ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city empfoyee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No F�plain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee corrected the Critical-Major and Critical-Minor violarions cited after an Environmental Health Division reinspection on August 7, 2008 but failed to pay the $375.00 mahix penalry. AdvanWges If Approved: Impose $375.00 mahix penalty. �isativanWges lf Approved: Disadvantages If Not Approved: ?otal Amount of Transaction: Funding Source: Financial Information: (F�cplain) CnsUReveeue Budgeted: Activity Number: October 10, 2008 1:20 PM Page 1 o$�<<��f OFFICE OF THE CITY ATTORNEY John J. Chor, CityAttomey SAINT PAU L CITY OF SAINT PAUL ClVIIDIViS%OIl � Chnstopher 8. Coleman, Mayor 400 City Hall Telephone: 65l 26G8710 T5 West Ke➢ogg 8/vd Facsimile: 65l 298-5619 AAAA Saint Paul, Minnesota 55J02 September 12, 2008 NOTICE OF VIOLATION Owner/Manager Hubbard Broadcasting 3415 University Avenue West St. Paul, MN 55ll4 RE: Restaurant (3) —13-50 Seats license held by Taher, Inc. d/b/a Hubbard Broadcasting (KSTP Bldg.) for the premises located at 3415 University Avenue West in Saint Paul License ID #20080001597 Deaz Sir/Madam: The Department of Safety and Inspections (DSn will recommend adverse action against the Restaurant (3) —13-50 Seats license held by Taher, Inc. d/b/a Hubbazd Broadcasting (KSTP B1dg.) for the premises located at 3415 University Avenue West in Saint Paul. The basis for the recommendation is as follows: On June 17, 2008, the Department of Safety and Inspecfions (DSI) - Environmental Health Division conducted an inspection ofyour establishment and cited you for two (2) CRITICAL-Minor violafions one of which was: the snrfaces of utensils or equipment contacting food, that is not potentially hazardous, are not being properly cleaned (ice maker has slime mold/scale buildup inside). Aiso one (1) CRITICAL-Major violation: cold food not maintained at 41 degrees Fahrenheit or less (ambient air temperature of display cooler is 60E— milk, sandwiches, yogurt stored in this cooler....). On June 17, 2008, DSI sent you a Notice of New Crifical Violafions listing the violations from that day's inspection and eaplaining they need to be corrected. You were then informed that a re-inspection would take place on or after July 17, 2008. AA-ADA-EEO Employer Hubbazd Broadcasting September 12, 2008 Page 2 as���yN On July 18, 2008, the Environmental Health Division conducted a re-inspecfion and cited you for the same CffiTICAL — Minor and CRITICAL-Major violations that had not been corrected by the July 17, 2008 deadline: 1) the surfaces of utensiLs or equipment contacfing food, that is not potenfially hazardous, are not being properly cleaned (ice maker has slime moZd/scale buitdup inside) and cold food not maintained at 41 degrees Fahrenheit or less (sal¢d bar, cottage cheese 45F and cooked chicken 48�. You were sent a 2 Notice of Critical - Minor Violation listing the minor violation from that day's inspection and explaining it needed to be corrected. You were then informed that a re-inspection would take place on or after August 2, 2008. On August 7, 2008, the Environmental Health Division conducted z re- inspection and cited you for the same CRITICAL — Minor and CRITICAL- Major violations that had not been corrected by the July 17, 2008 deadline: 1) the surfaces of utensils or equipment contacting food, that is not potentially hazardous, are not being properly cleaned (ice maker has slime mo[d/sca[e buildup inside) and cold food not maintained at 41 degrees Fahrenheit or less (salad bar, cottage cheese 45Fand cooked chicken 48F). This is a violation of Minnesota Administrative Rules part 4626.0845: "Clean surfaces contacting food that is not potentially hazardous: I. at anytime when contamination may have occurred; 2. at [east once every 24 hours for iced tea dispensers and consumer self-service equipment and utensils; 3. before restocking condiment dispensers, display containers and other consumer se[f- service equipment and utensils; 4. at a frequency specified by the manufacturer for ice bins, beverage dispensing noZZles, enclosed components of ice nzakers, beverage dispensing lines or tubes, coffee bean grinders, and waler vending equiprnent." Also Minnesota Administrative Rules part 4626.0395: "Immediately, maintain all co[d readily perishable food at 9I degrees Fahrenheit or less." As per Saint Paul Legislative Code §310.05 (m) (8), the licensing office wili recommend a combined matrix penalty of $375.00 for the two violations and suspension of your food license until the violafions have been conected. At this time, you have three options on how to proceed: You will need to correct the violations and pay the recommended $375.00 matrix penalty. If ttris is your choice, please send the payment to the Depaztment of Safety and Inspections (DSI) at 8 Fourth Street East, Suite 200, St. Paul, Miunesota 55101-1002 no later than Monday, September 22, 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 which you aze entitled. AA-ADA-EEO Employer Hubbard Broadcasting September 12, 2008 Page 3 68 � I Iq U You also need to contact Kim Cariton, Environmental Health Soecialist at l6511 266-9090 to schedule an inspecfion to verifv that the violafions have been corrected. If the violations have not been corrected, the matter will then be nlaced on the Council's Consent Aeenda for suspension of vour food license. 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 Monday, September 22, 2008. The matter will then be scheduled before the Ciry Council for a public hearing to determine whether to impose the penalty and license suspension. You will have an opportunity to 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 heazing both you and the City will be able to appear and pzesent witnesses, evidence and cross-e�camine each other's witnesses. The St. Pau1 Ciry Council will ultimately decide the case. Tf this is your choice, please advise me no later than Monday, September 22, 2008, and I will take the necessary steps to schedule the administrative hearing. If yoa have not contacted me by that date, I will assume that you are not contesting the imposition of the $375.00 matruc penalty and suspension of your food license. 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. Sincerely, ���� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Bill Gunther, Environmental Health Manager Bruce Taher, 5570 Smetana Drive, Minnetonka, MN 55343 Renee Lepreau, Community Organizer, St. Anthony Park Community Council 890 Cromwell Avenue, St. Paul, MN 55114-1599 AA-ADA-EEO Emnbva og-��q� CITY OF SAWT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: O8/15J08 TO: Christine Rozek FROM: Bill Gunther :�,:'%� RE: Hubbard Broadcasting - Taher Foodservice 3415 University Ave W Inspection Number: 08 117259 Inspection Date: 08/07/08 REVISED REQUEST FOR LICENSE ADVERSE ACTION The Environmental Health Division conducted a re-inspection of the facility at 3415 University Ave W on 08/07/08 and is recommending license adverse action (Section 331A.11 of the Saint Paul Legislative Code). The food code violations �isted below were noted as being uncorrected during the inspection. A copy of the fiull inspection repor[ is attached. � The following penalties are being recommended: Location: ICE MACHINE - Violation 1 Severity: CRITICAL (Minor) Compiy By: 07/17/08 Notice # 3 RECOMMENDED PENALTY: $125 The su,rfaces of utensils or equipment contacting food, that is not potentially hazardous, are not being properly cleaned. THE ICEMAKER HAS SLIME MOLD/SCALE BUILDUP INSIDE OF IT. Clean surfaces contacting food that is not potentially hazardous:l. at any time when contamination may have occurred;2. at least once every 24 hours for iced tea dispensers and consumer self-service utensils;3. before restocking condiment dispensers, display containers and other consumer self-service equipment and utensils;4. at a frequency specified by the manufacturer for ice bins, beverage dispensing nozzles, enclosed components of ice makers, beverage dispensing lines or tubes, coffee bean grinders, and water vending equipment. (MN 4626.0845) COMPLETELY EMPTY THE ICE MAKER, AND CLEAN AND SANITIZE IT ACCORDING TO MANUFACTURER SPECIFICATIONS. Page 1 of 2 og-iiq� Violation 2 Severity: CRITICAL (Major) Comply By: 07/17/08 Notice # 2 RECOMMENDED PENALTY: $250 Cold food not maintained at 41 degrees Fahrenheit or fess. SALAD BAR: COTTAGE CHEESE 45F, COOKED CHICKEN 48F Immediately, maintain all cold readily perishable food at 41 degrees Fahrenheit or less. (MN 4626.0395) The penalties listed above were based on the food code penalty guideline and the following mitigating or aggravating factors: Potential for harm or imminent threat to public health: . Improper food temperatures are a leading cause for foodborne illness. Extent of deviation from statutory or regulatory requirements: The deviation is not great but for the cottage cheese but the chicken is 7 degrees too high which is significant. Degree of willfulness or negligence: There doesn't appear to be any effort made to correct the temperature problems and in fact, the cottage cheese was a degree higher than it was on the first inspection. The ice machine is easy to clean so there is no excuse for not doing so. History of noncompliance or compliance: There are a lot of items on the report that indicates sloppy management of the kitchen. Other: This management company has operations in many other locations to include the state office buildings. They really should know better. cc: Pete Kishel R.S. Bob Kessler 2of2 4626.0395 Minnesota Rule Minnesota Administrative Rules Page 1 of 1 ag-rrqy 4626.0395 3-501.16 POTENTIALLY HAZARDOUS FOOD; HOT AND COLD HOLDING.* Except duriug prepazation, cooking, 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: MS s 31.101; 31.11; 144.05; 144.08; 144.12, 157.011 History: 23 SR 519 Posted: October 11, 2007 https://www.revisor.leg.state.mn.us/rules/?id=4626.0395 9/10/2008 4626.0845 Minnesota Rule Page 1 of 2 b�, �I(�� Minnesota Administrative Rules 4626.0845 4-602.11 EQUIPMENT, FOOD-CONTACT SURFACES, AND UTENSILS.'� A. Equipment food-contact surfaces and utensils shall be cleaned: (1) except as specified in item B, before each use with a different type of raw aniinal food, including beef, fish, lamb, pork, or poultry; (2) each time there is a change from working with raw foods to working with ready-to-eat foods; (3) between uses with raw fruits or vegetables and with potentially hazardousfood; (4) before using or storing a food temperature measuring device; and (5) at any time during the operation when contamination may have occurred. B. Item A, subitem (1), does not apply if raw animal foods that require cooking temperatures specified in part 4626.0340, item A, subitem (3), are prepared after foods that require cooking temperatures specified in part 4626.0340, items A, subitems (1) and (2), and B. C. Except as specified in item D, if used with potentially hazardous food, equipment food-contact surfaces and utensils shall be cleaned throughout the day at least once every four hours. D. Surfaces of utensils and equipment contacting potentially hazazdous food may be cleaned less frequently than once every four hours if: (1) in storage, containers of potentially hazazdous food and their contents aze maintained at temperatures specified in parts 4626.0130 to 4626.0420 and the containers are cleaned when they aze empty; (2) utensils and equipment aze used to prepare food in a refrigerated room that maintains the utensils, equipment, and food under preparation at temperatures specified in parts 4626.0130 to 4626.0420 and the utensils and equipment are cleaned at least once every 24 hours; (3) containers in salad bars, delis, cafeteria lines, and other serving situations that hold ready-to-eat, potentially hazazdous food that is maintained at the temperatures specified in parts 4626.0130 to 4626.0420 are intermittently combined with additional supplies of the same food that is at the required temperature and aze cleaned at least once every 24 hours; (4) temperahxre measuring devices are maintained in contact with foods that are held at temperatures specified in parts 4626.0130 to 4626.0420; or (5) equipment is used for storage of packaged or unpackaged food, including a reach-in refrigerator, and the equipment is cleaned at a frequency necessary to https://www.revisor.leg.state.mn.us/rules/?id=4626.0845 9/10/2008 4626.0845 Minnesota Rule preclude accumulation of soil residues; or (6) the cleaning schedule is approved based on consideration o£ (a) chazacteristics of the equipment and its use; (b) the type of food involved; (c) the amount of food residue accumulation; and Page 2 of 2 b8�fr��J (d) the temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that aze capable of causing foodborne disease. E. Except when dry cleaning methods are used as specified in part 4626.0860, surfaces of utensils and equipment contacting food that is not potentially hazardous shall be cleaned: (1) at any fime when contamination may have occurred; (2) at least once every 24 hours for iced tea dispensers and tongs, scoops, ladles, or other consumer self-service utensils; (3) before restocking condiment dispensers, display containers, and other consumer self-service equipment and utensils; (4) for ice bins, beverage dispensing nozzles, and the enclosed components of ice makers, beverage dispensing lines or tubes, coffee bean grinders, and water vending equipment: (a) at a frequency specified by the manufacturer; or (b) absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold. Statutory Authority: MS s 31.101; 31.11, 144.05; 144.08; 144.12, 157.01 I History: 23 SR 519 Posted: October 11, 2007 https://www.revisorleg.state.mn.us/rules/?id=4626.0845 9/10/2008 Chapter 310. Uniform License Procedures Page 3 of 4 bg - �r�� required insurance policies; (vi) the violation is covered by the matrix in section 409.26 of the Legislative Code; or (vii) the violation involved the sale of cigarettes to a minor. (I) Imposition of fines. The council may impose a fine upon any licensee or license applicant as an adverse license action. A fine may be in such amount as the council deems reasonable and appropriate, having in mind the regulatory a�d enforcement purposes embodied in the particular licensing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discretion of the council. To the extent any other provision of the Legislative Code provides for the imposition of a fine, both provisions shall be read together to the extent possibie; provided, however, that in the case of any conflict or inconsistency, the other provision shall be controiling. (m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by which the city councii determines the amount of fines, the length of license suspensions and the propriety of revocations, and shail appiy to all license types, except that in the case of a violation involving a Iiquor license § 409.26 shall apply where a specific violation is listed. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the councii shall provide written reasons that specify why the penalty selected was more appropriate. TABLE INSET: Type of Violation Appearance 1st 2nd 3rd 4th (1) Violations of conditions $500.00 fine $1,000.00 $2,000.00 fine Revocation placed on the license fine and 10-day suspension (2) Violation of provisions of $500.00 fine $1,000.00 $ 2 � 000 . 00 fine Revocation the legisiative code relating fine and 10-day to the licensed activity suspension (2) Violation of provisions of the legislative code relating $500.00 fine $1,000.00 $Z,000.00 fine Revocation to the licensed activity, fine and 10-day other than violations of the suspension food code (3) Failure to permit 5-day 10-day 15-day Revocation entrance or inspection by suspension suspension suspension LIEP inspector or police (4) Commission of a crime otherthan a felony on the $700.00 $1,500.00 5-day Revocation premises by a licensee or suspension employee (5) Commission of a felony on the premises by a $2,000.00 Revocation n!a n(a licensee or employee (6) Death or great bodily 30-day 60-day harm in establishment suspension suspension Revocation n/a related to violation of {aw or license conditions (7) Failure to pay license Revocation fees http://library3.municode.coxn(4472(DocViewl10�61(1f316/317 9l10f2008 Chapter 310. Uniform License Procedures (8) Critical violations under $1,000.00, 5- 331A $250.00 $500.00 day (9) Non-critical violation g� 50.00 I$250.00 under 331A (i) Fines payable without hearing . $500.00 Page 4 of 4 b$-f(q�-( Revocation $1,000.00 http://library3.municode.com/4472/DocView/10061/1/316/317 9/10/2008 STATE OF MINNESOT' � i ss. COUNTY OF RAMSEY ) os - ► «�-1 AFFIDAVIT OF 5�.. JICE BY U.S. MAII. Julie Kraus, being first duly sworn, deposes and says that on the 12`�' day of September, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: OwnerJManager Hubbard Broadcasting 3415 University Avenue West St. Paul, MN 55114 Bruce Taher 5570 Smetana Drive Minnetonka, MN 55343 Renee Lepreau, Community Organizer St. Anthony Park Community Council 890 Cromweil Avenue St. Paul, MN 55114-1599 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. �� i � Julie Kraus Subscribed and sworn to before me this 12�' day of September, 2008 `y;�'� � � � � No ary Public RRA M. BOSSARD N�TARY PIBUC • MINt�ESOTA MY COMMSSION EXPIRES JAN. 31, 20 9 0