08-1194Council File # � � � � °I "/
Green Sheet # � b�
Presented
RESOLIlTION
SAINT PAUL, MINNESOTA
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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
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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
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RESOLVED, that Taher, Inc., d/b/a Hubbard Broadcasting (KSTP Building) is hereby order to pay
a matrix penalty of $375.00 far the one (1) uncorrected CRITICAL — Major violation and one (1)
CRITICAL — Minor violation documented by the Environmental Health Division during a re-inspection on
August 7, 2008. Payment of such penalty shall be made within thirty days of the date of the adoption of
this resolution.
Requested by Deparhnent of:
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By- � = A �k�_
By� prove� yCi�Attorney
D41e�y _ ! �fA �
Adoption Certified by Co icil Secretary
By: /
Appro e y a•: Date (1 / G'
By:
Form Approved by Mayor f r Submission to Council
BY' ,��('e� ��/0'7�/it-o `D�-l� �ldD�'
Adopted by Council: Date �/jj���/f�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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Department/OfficelCouncil: Date Initiated:
SI -�t.ofSafety&Inspections ,o..o�T-0$ � 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
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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
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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
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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,
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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
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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.
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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
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4626.0395 Minnesota Rule
Minnesota Administrative Rules
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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
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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
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(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
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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
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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