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08-1245ca„n�s� F��e � I�13 -la �{5 Green Sheet #�Q (� f �; Q � Presented by F S�INT PAUL, MINNESOTA 1� 1 WHEREAS, adverse action was taken against the Restaurant (B) more than 12 seats license held by 2 The Cat-Man-Do LLC, d/b/a Cat Man Do (License ID #20070005009) for the premises located at 1659 3 Grand Avenue in Saint Paul by Notice of Violation dated October 3, 2008, alleging licensee failed to 4 conect the Critical — Major Environmental Health Code violation documented by DSI during a 5 re-inspeetion on July 15, 2008; and 6 7 WHEREAS, licensee did respond to the Notice of Violation to pay the $250.00 matrix penalty but 8 failed to call to schedule an inspection to verify the Critical-Major violation had been corrected; and 9 10 11 12 13 14 15 WFIEREAS, the Notice of Violation stated that if the licensee failed conect the Critical-Major violation by October 13, 2008, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that the Restaurant (B) more than 12 seats license held by The Cat-Man-Do LLC, d/b/a Cat Man Do is hereby suspended until the Critical-Major violation is corrected and inspected. Requested by Deparhnent of. � �„j— BY: �" � Form A}�gc•qved b City Attamey BY� _ �S��dI +C�+ ,�-. (P�[I�t�Gl� Adoption Certified by Counc' Secretary Form Ap ve y ayor for u issio o Council By: --� ' gy; Approved ay.gr Date 71 zt p� B `��'ii_ % �utc� � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � b8 - ! 2�y�5 )epartmenNOffice/Council: Date Inkiated: S � _Dept.ofSafety&inspections 28-OCT-OS , Green Sheet NO: 3061695 ConWct Person & Phone; Rachel Tiemey 266-8710 Must Be on Council Agenda 12-NOV-0B /p�,n c c , Doc.Type:RESOLUTION E-DOCUment Required: Y DocumentContact: JulieKraus CotMact Phone: 2668776 �► ° 1 Assign Z Number For 3 Routing 4 Order � 5 Tor?� * �' S ig.-.>.�: e F ages ^ ( G lip A W c fo r SignaW Aetion Requested: Approval of the attached resolurion to take adverse acrion against the Restaurant (B) more than 12 seats license held by The Cat- Man-Do, LLC d/bia Cat Man Do (License ID#20070005009) for the premises located at 1659 Grand Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Pereonal Service Gontrects Must Answer the Foliowing Questions: 1. Has this persoNfirm ever worked under a contract for this depadment? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not norma{ly possessed by any current city employee? Yes No E�cplain all yes answers on separete sheet and attach to green sheet. Initiating Pmblem, lssues, OpportuNty (Who, What, When, Where, Why): Licensee failed to correct the Crirical - Major Environmental Health Code violaHon documented by DSI during a xe-inspection on July 15, 2008. P.£ter norification, licensee paid tlxe $250.Q0 penalry but failed to schedule a re-inspecrion to verify vioLation had 6een corrected. Ativantages If Approved: Licensesuspension. Disativantages H Approved: DisadvanW ges If Not Approved: Totat Amouni of Transaction: Funding Source: Financial lnformation: (Explain) CosHRevenue Butlgeted: Activity Number. October 28, 2008 4:36 PM Page 1 ���,9�5 V �L.� � [`�l"�� � `� 2Q0� ��4`T FE,�F�FZI� ;a �: i S 08 -(�5 OFFICE OF THE CITY ATTORNEY John d Choi, CityAttomey SA�NS '"°� CITY OF SAINT PAUL CivilDivision � Christopher8. Golemaq Mayor 400CiryHaf7 Te%phone: 65f 26687>0 75 West Kellogg Blvd. Facsimile: 651 298-5619 AAAA Sarnt Paul, Mrnnesota 55102 October 3, 2008 t�rn�r�r� n� cn^:, ".'�'T.^�r Owner/Manager Cat Man Do 1659 Grand Avenue St. Paul, MN 55105 RE: Restaurant (B) more than 12 seats license held by The Cat-Man-Do LLC, d(b/a Cat Man Do for the premises located at 1659 Grand Avenue in Saint Paul LicenseID #20070005009 Deaz Sir/Madam: The Department of Safety and Inspections (DSI) will recommend adverse action against the Restaurant (B) more than 12 seats license held by The Cat-Man-Do LLC, dJbJa Cat Man Do for the premises located at 1659 Grand Avenue in Saint Paul. The basis for the recommendation is as follows: On June 12, 2008, the Department of Safety and Inspections (DSI) - Environmental Health Division conducted an inspection of your establishment and cited you for five (5) CRITICAL — Minor violations and one (1) CRITICAL-Major violation: cold food not maintained at 41 degrees Fahrenheit or less (batter at 45 degrees in lower partion ofprep cooler and sauee for chicken 50 degrees in lower part of prep cooler and lamb curry at 45 degrees in lower part of prep cooler). On June 13, 2008, DSI sent you a Notice of New Critical Violafions nofing these violations and stating they needed to be corrected by July 12, 2008. You were then informed that a re-inspection would take place on or after July 12, 2008. On July 15, 2008, the Environmental Health Division conducted a re-inspection and cited you for the same CRITICAL —Major violation that had not been corrected by July 12, 2008: cold food not maintained at 41 degrees Fahrenheit of less (food items 50 degrees in lower part of prep coolers. Ambient air temperature in both coolers was SO degrees). Affirmative Action Equal Opportunity Employer Cat Man Do October 3, 2008 Page 2 08-(2-�f5 This is a violarion of Minnesota Administrative Rules part 4626 0395 which states: "immediately, maintain all cold readily perishable food at 4l degrees Fahrenheit or less. " As pei Saint Paul I,egislative Code §310.05 (m) (8), the licensing office will recommend a matrix penalty of $250.00 and suspension of your Restaurant (B) more than 12 seats license until the vlolation has been conected. At this time, you have three oprions on how to nroceed: You will need to correct tlae violation and pay the recommended $250.00 matrix penalty. If this is your choice, please send the payment to the Deparhnent of Safety and Inspections (DSI) at 8 Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, October 13, 2008. Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the penalty and correction of the violation will be considered a waiver of the hearing to which you are entitled. You will also need to contact Kim Carlton Environmental Health Saecialist at (651) 266-9090 to schedule an insuection to verifv that the violation has been corrected. If the violation has not been corrected the matter will then be laced on the Council's Consent Agenda for susoension of vour Restaurant Bl more than 12 seats hcense. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing befare the Saint Paul City Councll, 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, October 13, 2008. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the $250.00 matrix 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 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 wilt ultimately decide the case. If this is your choice, please let me know later than Monday, October 13, 2008, and I will take the necessary steps to schedule the administrative hearing. Affirxnative Action Equal Opportunitv Emplover Cat Man Do October 3, 2008 Page 3 �-�a�� If you have not contacted me by that date, I will assume that you are not contesting the imposition of fhe $250.00 matrix penalty and suspension of you Restaurant (B} more than 12 seats 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, ��is�i�+K, �� Rachel Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Bill Gunther, Environmental Health Manager Ujjwal Adhikari, 128 Jessamine Avenue, St. Paul, MN 55117 Melissa Martinez-Sones, Exec. Director, Macalester Cnoveland Community Council 320 South Griggs Street, St. Paul, MN 55105-2800 Affirmative Action Equai Opportunity Emolover STATE OF MINNESOTF ` , �s. COUNTY OF RAMSEY ) D� -!� -� Julie Kraus, being first duly sworn, deposes and says that on the 3` day of October, she served the attached l�TOTICE OF VIOLATION by placing a true and correct copy thereof an an envelope addressed as follows: Owner/Manager Cat Man Do 1659 Grand Avenue St. Paul, MN 55105 Ujjwal Adhikari 128 Jessamine Avenue St. Pau1, MN 55117 Melissa Martinez-Sones, Exec. Director Macalester Crroveland Community Council 320 South Griggs Sireet St. Paul, MN 55105-2800 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � �`�, �� � ��. a� � Julie Kraus Subscribed and sworn to before me this 3 day of October, 2008 �����i� Notary Public AFFIDAVIT OF SE,. . ICE BY U.S. MATL RITA M. 90SSAR0 t,qTARY PI�LIC - M PA�ESOTA MY COMMSSION IXPIRES JAN. 31. 20 7 0 D8�12'�f'� CITY OF SAINT PAUL INTERDEPARTMENTALMEMORANDUM 8/1/08 ALL CRITICAL (MINOR} AND THE CRITICAL (MAJOR) WERE GORRECTED CRITICAL (MAJOR) BELOW IS ST{LL FINABLE (NOT CORRECTED WITHiN 30 DAYS) DATE: 07/21l0& TO: Christine Rozek FROM: Bill Gunther RE: Cat Man Do 1659 Grand Ave Inspection Number: 08 093647 Inspection Date: 07/15/08 REQUEST FOR LICENSE ADVERSE ACTION The Environmental Health Division conducted a re-inspection of the facility at 1659 Grand Ave on 07/15/08 and is recommending license adverse action (Section 331A.11 of the Saint Paul Legislative Code). The food code violations listed below were noted as being uncorrected during the inspection. A copy of the full inspection report is attached. The following penalties are being recommended: **** 8Nl08 CORRECTED Violation 1 Severity: CRITICAL (Major) Comply By: 07/12/08 Notice # 2 RECOMMENDED PENALTY: $250 Cold foad not maintained at 41 degrees Fahrenheit or less. FOOD ITEMS 50F IN LOWER PART OF PREP COOLERS. AMBIENT AIR TEMPERATURE IN BOTH COOLERS WAS 50F. Immediately, maintain al{ coid 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 followi�g mitigating or aggravating factors: Potentiai for harm or imminent threat to pubfic health: Inappropriate food temperatures are one of the leading causes of foodborne outbreaks. At 50 degrees, the cooler temperature is high enough that foodbone illness bacteria can begin Page 1 of 2 DS -12-�5 to grow. Extent of deviation from statutory or regulatory requirements: The temperature of the cooler was 9 degrees higher than it should be. It is at the point that the staff shoufd have noticed that the food did not feel as coid as it is supposed to be. Degree of willfulness or negligence: There doesn't seem to be any excuse for this one. They were told that their cooler was to warm and yet they did nothing about it. History of noncomptiance or compliance: It appears from their inspectional history that the estabiishment really doesn't get it. They have a history ofi a lot of poor practices. cc: Bill Gunther Bob Kessler 2of2 4626.0395 Minnesota Ru1e Page 1 of 1 Minnesota Administrative Rules C>g -l�-�t5 4626.0395 3-50116 POTEN'TIALLY I-IA,ZARDOUS ROOD; HOT AND COLD HOLAING.x Except during prepararion, cooking, or cooling, or when time is used as the public health control as specified in part 4626.0410, potentially ha�ardous food shall be maintafrted: A. at 60 degrees C(140 degrees F) or above, except that roasts cooked to a temperature and for a tnne specified in part 4626.0340, item B, may be held at a temperature of 54 degrees C(130 degrees F); ox B. at 5 degrees C(41 degrees F) or below under mechanical refrigeration, except as specified in part 4626.0405, item B. StatutoryAuthority: MSs 31.101; 31.11; 144.05; 144.08; 144.12; 157A11 History: 23 SR 519 Posted: October 11, 2007 https:llwebrhl2.revisar.leg.state.mn.usfrules/?id=4626.0395 10l2/2008 Sec. 310.05. Nearing procedures. tjg �(��� (a) Adverse action; notice and heanng �equirements. In any case where the council may or intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the deniaf of an application for the grant, issuance or renewal of a license, or the disapproval of a ficense issued by the State of Minnesota, the appiicant or licensee shafl be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department estabiished pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) /Vofice. In each such case where adverse action is o� will be considered by the council, the applicant or licensee shali have been nofified in writing that adverse action may be taken against the ficense or appfication, and that he or she is entitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time of the heari�g. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attorney. (c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravating circumstances, the hearing shall be held before the council. Othenvise the hearing shall be conducted before a hearing examiner appointed by the council or retained by contract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or otherwise participate in such hearing. (c-1) Procedure; hea�ing examiner. The hearing examiner shall hear all evidence as may be presented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of {aw, together with a recommendation for adverse action. The council shall consider the evidence contained in the record, the hearing examiner's recommended findings of fact and conclusions, and shail not consider any factual testimony not previousiy submitted to and considered by the hearing examiner. After receipt of the hearing examiner's findings, conclusions, and recommendations, the council shali provide the applicant or licensee an opportunity to present oral or written arguments aileging error on the part of the examiner i� the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action. Upon conclusion of that hearing, and after considering the record, the examiner's findings and recommendations, together with such additional arguments presented at the hearing, the council shall determine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, concfusions and recommendations of the hearing examiner. (c-2) Ex-parte contacts. ifi a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such discussion occurs on the record during the hearings of the matter or during the council's Finaf deliberations of the matter. No interested person shall, with knowledge that a license matter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a councif inember or his or her staff untii the council has taken final action on the matter; provided, however, that nothing herein shafl prevent an inquiry or communications regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragraph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensee. (d) Licensee or applicanf may be �epresented. The licensee or applicant may represent himself or choose to be represented by another. (e) Record; evidence. The hearing examiner shail receive and keep a record of such proceedings, incfuding testimony and exhibits, and shail receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. (� Councr! actron, resolufion to conYain findings. Where the councif takes adverse action with respect to a license, licensee or applicant for a ficense, the resolution by which such action is taken shaii contain its findings and determination, including the imposition of conditions, if any. The council may adopt all or part of the findings, conclusions and recommendations of the hearing examiner, and incorporate the same in its resolution taking the adverse action. a8-ta�5 (g) Additional procedures where �equired. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such provisions shall be compiied with and shall supersede inconsistent provisions of these chapters. This shali include, without Iimitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Discrefion to hear notwithstanding w'�thdrawal or sur�ender of application orlicense. The council may, at its discretion, conduct a hearing or direct ihat a hearing be held regarding revocation or denial of a license, notwithstanding that the applicant or Iicensee has attempted or purported to withdraw or surrender said license or application, if the attempted withdrawal or surrender took place after the applicant or licensee had been notified of the hearing and potential adverse action. (i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a license or other disciplinary action involving a license has been scheduled before the council, a continuation of the hearing may be granted by the councii president or by the council at the request of the licensee, license applicant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the party making the request. Q) If the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepared by the license inspector and posted by the licensee so as to be visible to the public during the effective period of the adverse action. The licensee shall be responsible for taking reasonable steps to make sure the notice remains posted on the front door of the licensed premises, and failure to take such reasonable precautions may be grounds for further adverse action. {k) Imposition of costs. The council may impose upon any licensee or license appficant some or afl of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the licensee or employees thereof, and/or the circumstances under which the violation occurred were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsible; (v) the applicant or licensee was su�ciently in control of the situation and therefore could have reasonably avaded the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew required insurance policies; (vi) the violation is covered by the matrix in section 40926 of the Legislative Code; or (vii) the violation invofved the sale of cigarettes to a minor. (I) Imposition offi�es. The council may impose a fine upon any licensee or license applicant as a� adverse iicense action. A fine may be in such amount as the council deems reasonable and appropriate, having in mind the reguiatory and 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 possible; provided, however, that in the case of any conflict or inconsistency, the other provision shail be controlling. (m) Presumptive penalties for certain violations, The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and sha11 apply to alf license types, except that in the case of a vioiation invoiving a liquor 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 council shall provide written reasons that specify why the penalty selected was more appropriate. Type of Violation Appearance 1st 2nd 3rd 4th Revocation (1) Violations of conditions placed on the license $500.Q0 fine $1,OOO.QO $2,000.00 fine and 1Q- fine day suspension (2) Violation of provisions of the legisfative code $500.00 fine $1,000.00 $2,000.00 fine and 10- retating to the ficensed activity fine day suspension Revocation �s - � ��5 (2) Violation of provisions of the legisiative 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 empioyee $500.00 fine $1,000.00 fine 5-day �0-day suspension suspension $700.00 $1,500.00 5-day suspension Revocation $2,u00.OQ fine and 10- Revocatiort day suspension 15-day suspension Revocation (5) Commission of a felony on the premises by a$2,000.00 Revocation n/a licensee or employee (6) Death or great bodily harm in estabiishmeni 30-day 6D-day Revocat7on related to violation of law or license conditions suspension suspension (7) Failure to pay license fees (8} Critical violations under 331A (9) Non-critical violation under 331A Revocation $250.00 $500.00 $150.00 $250.00 $1,000.00, 5-day suspension $500.00 (i) Fines payable withouf hearing. nfa n/a Revocation $1, 000.00 A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appearance before the councii may elect to pay the fine to the Department of Safety and Inspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine wili be considered to be a waiver of the hearing to which the iicensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. B. For adverse action initiated under Chapter 331A of this Code, a f+ne may be paid without a hearing regardless of how many prior appearances that licensee has made before the Council. The above council hearing requirement applies to violations under Chapter 331A unless the fine recommended by the Department of Safety and Inspections is equai to or fess than the fine amount out�ined in the above matrix. Payment of the recommended fine wili be considered to be a waiver of the hearing to which the ficensee is entitled, and will be considered an "appearance" fior the purpose of determining presumptive penalties for subsequent violations. A non-critical violation under chapter 331A shall not be considered an "appearance" fior purposes of determining presumptive penalties for non-331A violations. A council hearing is required if the Department of Safety and Inspections recommends a fine that is an upward departure for the amount outlined above. (ii) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have 6ee� alleged andlor incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the "1st Appearance" column in paragraph (b) above. The occurrence of muftiple violations shall be grounds for departure from such penalties in the council's discretion. (iii) Violations occurring after the date of the notice of hearing. volations occurring after the date of the notice of hearing that are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the councif in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the "1st Appearance." In all other cases, violations occurring after the date of the formal notice of hearing shail be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shall apply to a second, third or fourth appearance before the council. (iv) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council shal! impose the presumptive penalty for the vioVation or violations giving rise to the subsequent appearance without regard to the particular violation or viofations that were the subject of the first or prior appearance. However, non- critical violations of Chapter 331A shaff not be counted as an "appearance" before tfie Councii in relation to any violation other than another violation of Chapter 331A. (v) Computation of time. � � ��� /�- . (1) If a licensee appears before the council for any vioiation in paragraph (m) where that violafion has occurred within tweive (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (m) above, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) If a(icensee has appeared before the council on two (2) previous occasions for violations listed in paragraph (m), and if said licensee again appears before the counci4 for a violation iisted in paragraph {m), and if the curcenf violation occurs within eighteen {18) calendar months of the violation that gave rise to the first appearance before the council, then the current appearance shail be treated as a third appearance for the purpose of determining presumptive penalty. (3) If a licensee has appeared before the council on three (3) previous occasions, each for violations listed in paragraph (m), and if said licensee again appears before the councii for a violation contained in paragraph (m), and if the current violation occurred within twenty-four (24) catendar months of the violation that gave rise to the first appearance, then the current appearance shafl be treated as a fourth appearance for the purpose of determining the presumptive penalty. (4) Any appearance not covered by subsections (1), (2) or (3) above shall be treated as a first appearance. In case of multipie violations in any appearance, the date to be used to measure whether twelve (12), eighteen (18), or twenty-four (24) months have elapsed shall be the date of ihe violation Iast in time at the first appearance, and the date of the violation first in time at any subsequent appearance. (5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second appearance before the council regarding a death or great bodily harm in a licensed establishment that is related to a violation of the law or license conditions shall be counted as a second appearance, regardless of how much time has passed since the first appearance if the first appearance was aiso regarding a death or great bodiiy harm in a licensed estabiishment. A third appearance for the same shall be counted as a third appearance regardless of how much time has passed since the first or second appearance. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 531-95; C.F. No. OS-180, § 1, 4-6-05; C.F. No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27- 06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07-1053, § 1, 11-28-07)