08-1368Council File # �./�
Green Sheet # � (}
CITY OF
Presented by
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1 WHEREAS, adverse action was initiated against the Restaurant (L) L'united license held by BPP
2 Minnesota, LLC d/b/a Super 8 of St. Paui (License ID#20080000615) for the premises located at 1739 Old
3 Hudson Road by Notice of Intent to Suspend License dated November 7, 2008; alleging licensee was cited
4 for one (1) CRITICAL — Minor violation documented by the Environmental Heaith Division during a
5 re-inspection on July 28, 2008; and
7 WHEREAS, licensee did not respond to the Notice of Intent to Suspend License to contest the
8 allegation ar pay the $125.00 matrix penalty and correct the one (1) Critical-Minor violation; and
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10 WHEREAS, the Notice of Intent to Suspend License stated that if the licensee failed to contest the
11 allegation or pay the $125.00 matrix penalty and correct the one (1) Critical-Minor violation by November
12 17, 2008, that the matter would be placed on the consent agenda to impose the recommended penalty; now,
13 therefore, be it
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RESOLVED, that the Restaurant (L) Limited license held by BPP Minnesota, LLC d/b/a Super of
St. Paul is hereby suspended until the violation is corrected and the licensee is ordered to pay a matrix
penalty of $125.00 for failure to correct the one (1) CRITICAL — Minor violation documented by the
Environmental Health Division during a re-inspection on July 28, 2008. Payment of such penalty shall be
made within thiriy days of the date of the adoption of this resolution.
Yeas Nays Absent
Bostrom ;/
carrar ;/
Hazris �/
Helgen ,/
Lantry t/
Stazk 1 /
Thune �/
Adopted by Council: Date fa�/7��1/JD�
Adoption Certified by Coun 'I Secretary
BY= � � /J
Approved by May : Date ��c2c'��o2D D�"
BY= ��-Y� �'u° � tl�.-�-�
RESOLUTION
PAUL, MINNESOTA
Requested by Department o£
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Form A roved by City Attorney
By: ���G,�Tu�_
Form A rod d by ayor fo � bm � i ion t Council
B (��,�- �titi�-�r ` �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
S � _ Dept of Safety & Inspections
Contact Person & Phone:
Rachel Tiemev
266-8710
Must Be on Cow
17-DEGOS
Doc.Type:RESOLUTION
E-Document Required: Y
Document CoMact: Julie Kraus
ConWCt Phone: 266-8776
04-DEG08
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Assign � 2
Number I 3
or
outirtg 4
Order j 5
Green Sheet NO: 3064879
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Total # of Signature Pages _(Ciip All Locations for Signature)
Action Requested:
Resoluton to take adverse ac6on against the Restautant (L) Limited license held by BPP Minnesota, LLC d/b/a Super 8 of St. Paul
(Liceuse ID#20080000615) for the premises located at 1739 Oid Hudson Road in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
1. Has this person�rm ever worked under a conUact for this tlepartment?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does ihis person/firm possess a skill not nortnally possessed by any
current ciry employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
License was cited for one (1) Critical Minor violarion during a re-inspecrion by DSI Environmental Health staff on July 28, 2008.
After norificaiton, licensee failed to pay the $125.00 matrix penalty or conect the one (1) Critical Minor violation by the November
17, 2008 deadline.
Advantages If Approved:
License suspension and imposition of $125.00 matrix penalty.
DisadvanWges If Approved:
None.
Disadvantages If Not Approved:
Total Amount of
7rensaction:
Funding Source:
Financial Information:
(Expiain)
CosVRevenue Budgeted:
Activity Number:
December 4, 2008 10:12 AM Page '1
Qf� /���
OFFICE OF THE CITY ATTORNEY
John J. Choi, CityAttomey
se�xr
PAUL CITY OF SAINT PAUL CivilDivision
� ChnsfopherB. Co/eman, Mayor 400CityHall Te/ephone: 6512668710
lSWestKellogg8/vd. Facsimile:651298-5619
AAAA Saint Paul, Mnnesota 55102
November 7, 2008
NOTICE OF INTENT TO SUSPEND LICENSE
Owner/Manager
Super 8 of St. Paul
1739 Old Hudson Road
St. Paul, MN 55106
RE: Restaurant (L) Limited license held by BPP Minnesota, LLC d/b/a Super 8 of St. Paul
for the premises located at 1739 Old Hudson Road in Saint Paul
License ID # 20080000615
Deaz Owner/Manager:
The Department of Safety and Inspections (DSI) has recommended suspension of the
Restaurant (L) Limited license held by BPP Minnesota, LLC d/b/a Super 8 of St. Paul for the
premises located at 1739 Old Hudson Road in Saint Paul. The basis for the recommendation is
as follows:
On June 25, 2008 the Environmental Health Division conducted an
inspection of your establishment and cited you for three (3) CRITICAL
— Minor violations one of which included: Food equipment not
properly cleaned and sanitized (soiled shelves in cabinets be[ow juice
machine and the interior of the microwave).
On June 25, 2008, DSI sent you a Notice of New Critical Violations
explaining that these violations must be corrected and informed you that
they would conduct a re-inspection on or after July 25, 2008.
On July 28, 2008, the Environmental Health Division conducted a re-
inspection of your establishment and cited you for the same CRITICAL-
Minor violation that had not been corrected by July 25, 2008: Food
equipment not properly cleaned and sanitized (interior ofthe microwave).
Affirxnative Action Equal Opportunity Employer
D�-/���
Super 8 of St. Paul
November 7, 2008
Page Z
On August 14, 2008, the Environmental Health Division conducted
another re-inspection of your establishment and cited you again for the
same CRITICAL- Minor violation that had not been corrected by July
25, 2008: Food equipment not properly cleaned and sanitized {food
splattered all over the interior of the mierowave —floor, walls and ceiling).
This is a violaHon of Minnesota Administrative Rules part 4626.0840
which states: "Clean and maintain all food equipment in a sanitary
manner including the following item(s): "
As per Saint Paul Legislative Code §310.05 (m) (8), the licensing office will recommend a
$125.00 matrix penalty and suspension of Restaurant (L)- Limited license until the violafion has
been corrected.
At this time, you have three options on how to proceed:
1. You can pay the recommended $125.00 penalty. If this is your choice, please send the
payment to the Department of Safety and Inspections, 375 Jackson Street, Ste 220, St.
Paul, Minnesota 55101-1806 no later than Monday, November 17, 2008. Payment
should be directed to the attention of Christine Rozek. A self-addressed envelope is
enclosed for your convenience. Payment of the penalty wiil be considered a waiver of the
hearing to which you aze entiUed.
You wili also need to contact David Weisbere Environmental Health Insoector at
(651) 266-9094 to schedule an insoection to verifv that the violation has been
corrected. If the violation has not been corrected, the matter will then be olaced on
the Council's Consent Aeenda for susnension of vour Restaurant (L) Limited
hcense.
2. If you wish to admit the facts but contest the penalty, you may have a public hearing
before the Saint Paul City Councii, 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, November 17, 2008. The matter will then be scheduled before the City Council
for a public hearing to determine whether to impose the penalty and license suspension.
You will have an opportunity to appeaz before the Council and make a statement on your
own behalf.
3. 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 wiil
ultimately decide the case. If this is your choice, please advise me no later than Monday,
November 17, 2008, and I will take the necessary steps to schedule the administrarive
hearing.
Affirxnative Action Equal Opportunity Employer
O�-i3�
Super 8 of St. Paul
November 7, 2008
Page 3
If you have not contacted me by that date, I will assume that you are not contesting
the imposition of the $125.00 penalty and suspension of your Restaurant (L) — Limited
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,
�A��`�
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Matthew Hughes, Area General Mgr, 4855 — 28 Street SE, Grand Rapids, MI 49512
Betsy Leach, Community Organizer, District 1 Community Council — Battle Creek
2090 Conway Street, Room 126, St. Paul, MN 55119-4040
Affirmative Action Equal Opporhuiity Emplover
O��-i���
CITY OF SAINT PAUL
INTERDEPARTMENTALMEMORANDUM
DATE: 09/25/08
TO: Christine Rozek
FROM: Bill Gunther +�
RE: Super 8 Of St Paul
1739 Old Hudson Road
Inspection Number: 08 122543
Inspection Date: 08/14/08
REQUEST FOR LICENSE ADVERSE ACTION
The Environmental Health Division conducted a re-inspection of the facility at
1739 Old Hudson Road on 08/14/08 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 fuil
inspection report is attached.
The following penalties are being recommended:
Location: BREAKFAST BAR -
Violation 1 Severity: CRITICAL (Minor) Comply By: 03/21/08 Notice # 3
RECOMMENDED PENALTY: 125
Food equipment not properly cleaned and sanitized.
Clean and maintain all food equipment in a sanitary manner including the following item(s):
(MN 4626.0840) FOOD SPLATTERED ALL OVER INTERIOR OF MICROWAVE:
FLOOR, WALLS AND CEILING.
The penalties listed above were based on the food code penaity guideline and the
following mitigating or aggravating factors: �
� �� � ��
Degree of willfulness or negligence: It is a simple task to clean the micriwave they
do not even � this, even after being told. n
/�
Page 1 of 2
d� -1 3�8
History of noncompliance or compliance: As a critical minor violation, they have
been toid three times that this needs to be done and still it was not cleaned.
Demonstration of good faith efforts to correct a violation: I can see no�demonstration
of effort to comply with such a simple task as cfeaning.
cc: Biil Gunther
Bob Kessler
2 of 2
4626.0840 Minnesota Rule
Page 1 of 1
d�1-i3c�g
Minnesota Administrative Rules
4626.0840 4-601.11 EQiTIPMENT, FOOD-CONTACT SURFACES, NON-FOOD-
CONTACT SURFACES, AND iJTENSILS.x
A. Equipment food-contact surfaces and utensils shall be clean to sight and
touch.
B. The food-contact surfaces of cooking equipment and pans shall be kept free
of encrusted grease deposits and other soil accumulations.
C. Non-food-contact surfaces of equipment shall be kept free of an
accumulation of dust, dirt, food residue, and other debris N
D. Water filters used as part of a vending machine shall be cleaned or replaced
according to the manufacturer's inslructions.
Statutory Authority: MS s 31.101; 31.1 l; 144.05; 144.08; 144.12; 157.011
History: 23 SR 519
Posted: October 11, 2007
https://wwwsevisor.leg.state.mn.us/rules/?id=4626.0840 11/6/2008
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) lmposition 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 reasonabie
and appropriate, having in mind the regulatory 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 shail be read together to the extent
possibie; provided, however, that in the case of any conflict or inconsistency, the other provision
shall be controlling.
(m) P�esumptive 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 shall apply to ail license types, except that in
the case of a violation involving a liquor license § 409.26 shail appiy where a specific violation is
listed. These penaities are presumed to be appropriate for every case; however the council may
deviate therefrom in an individual case where the councii 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.
TABLE INSET:
Type of Violation Appearance
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $Z 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 legislative 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 $2,000.00 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
other than 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 law or
license conditions
(7) Failure to pay license Revocation
fees
http://library3.municode.com/4472/DocView/10061/1/316/317 11/6/2008
Chapter 310. Uniform License Procedures
(8) Critical violations under $250.00
331A
$1,000.00, 5-
$500.00 day
suspension
(9) Non-critical violation $150.00 I $250.00 $500.00
under 331A
(i) Fines payable without hearing .
Page 4 of 4
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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 will be considered to be a waiver of the
hearing to which the licensee 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 fine 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 equal to or less than the fine amount outlined in the
above matrix. Payment of the recommended fine will be considered to be a
waiver of the hearing to which the licensee is entitied, and will be considered an
"appearance" for the purpose of determining presumptive penalties for
subsequent violations. A non-critical violation under chapter 331A shali not be
considered an "appearance" for purposes of determining presumptive penaities
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.
http://library3.municode.com/4472/DocView/1 006 1 /1 /3 1 6/3 1 7
11/6/2008
STATE OF MINNESOT ^ 1
� ss.
COUNTY OF RAMSEY )
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AFFIDAVIT OF 5�..�'ICE BY U.S. MAIL
Julie Kraus, being first duly sworn, deposes and says that on the 7�' day of November, she served
the attached NOTICE OF INTENT TO SUSPEND LICENSE by placing a true and correct
copy thereof in an envelope addressed as follows:
Owner/Manager
Super 8 of St. Paul
1739 Old Hudson Road
St. Paul, MN 55106
Matthew Hughes
4855 — 28�' Street SE
Grand Rapids, MI 49512
Betsy Leach, Community Organizer
District 1 Community Council — Battie Creek
2090 Conway Street, Room 126
St. Paul, MN 55119-4040
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
G �ti�
ulie Kraus
Subscribed and sworn to before me
this 7�' day of November, 2008
�,� ✓/ y. ,_��
:. �, -
RITA M. BOSSARp
� : - NOTARVPUBLIC.MIMJESOTA
'� ' ,�'� MY COMMISSION
`G.�.!� EXPIRESJAN.37,2010
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