08-396WITHDRAWN 4/16/08
RESOLUTION
Council Fite # �g 3y�
Green Sheet # j� �
CITY OF SAINT PAUL, MINNESOTA
�5
2 Sports Cafe�'�
3 Saint Paul by r
4 health code vio
5 Environmental
adverse action was taken against ail licenses held by WHT, Inc., d/b/a American
ound (License ID #19990006821) for the premises located at 2554 Como Avenue in
of Violation dated February 22, 2008, alleging licensee failed to conect numerous
�s documented in the November 6, 2007, restaurant inspection performed by the
� Division; and
7 WIIEREAS, lice ee did respond to the Notice of Violation to contest the allegation, but failed to
8 submit a request for publi earing by the Mazch 3, 2008 deadline; and
9
10 WHEREAS, the Norice" Violation stated that if the licensee failed to contest the allegation or
11 submit the $500.00 matrix penalt d schedule an inspection by March 3, 2008, that the matter would be
12 placed on the consent agenda to imp� e the recommended penalty; now, therefore, be it
13 �
14 RESOLVED, that alllicenses he� by WHT, Inc., d/b/a American Sports Cafe — Playground aze
15 hereby suspended until all the health code 'olations are corrected and inspected. Also, a matrix penalty of
16 $500.00 is imposed for failing to correct the alth code violations documented in the November 6, 2007,
17 restaurant inspection report. Payment of such • nalty sha11 be made within thirty days of the date of the
18 adoption of this resolution.
Requested by Depatt�nent of:
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By: �-�ftiA.�dA.�-,..� �TI�l��-
�
Form Approved by City Attorn�e�y
---� � i�
By:
t�
Form p oved y M or fo u is ion to
By: `r�
�
Adopted by Council: Date _
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� 6$ � 3�10
$� — Dept �Safety & tnspecti4os
Co�ad Person & F
Rachel Tiemey
266-8710
Type: RESO�UTION
E-DOCUment Required: Y
Document Contact: Julie Kraus
ConWCt Phone: 266-8776
Total # MSignature Pages _ (Glip PJI
27-MAR-08
�
Assign
Number
Order
Approval of ihe attached resoludon to take ac
Playgrommd (License ID #19990006821) for the
iaauons: npprove �n� or H
Planning Commission
CIB Committee
Civil Service Commission
for SignatUre)
Green Sheet NO: 3051532
0 eot of Safety & IpspecLions i
1 ept ofSafety & IuspecROns Deoarhnent I)irector
2 'tyAttornev I I
3 a or's O�ce Ma or/Assistant
4 ouncil I
5 ' Clerk Ci Clerk
acrion against all licenses held by WHT, Inc, d/b/a American Sport Cafe -
�s Iocated at 2554 Como Avenue in Saint Paul.
1. Has ' person�rm ever wodced under a contract for this department?
Yes
2. Has ihis p. onffirm ever been a city employee?
Yes No
3. Does this perso rm possess a skill not normally possessed by any
curtent city emplo ?
Yes No
Explain all yes answers separete sheet and attach to green sheet
Inkiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to correct numerous heakh code viola6ons documented in the Novem r 6, 2007 restaurant inspecrion perFormed by
Environmental Health Division. After notification, licensee did respond but failed to sub�t a request for a public heanng.
AdvanWges IfApproved:
$500.00 mahix penalty and suspension of all food licenses until all violarions aze corrected.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
Trensaction:
Funding Source:
Financial Information:
(Expiain)
Activity Number:
March 27, 2008 1:20 PM Page 1
CostlRevenue Budgeted:
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t
OFFICE OF THE CITY ATTORNEY
lohn J Choi, CityAttorney
o�- 3��
��' SAINT PAUL
'. Colem�m, Mayor
�'a
Febmary 22, 2008 ,
civitDivision
400 CityHaII
IS YPest Kellogg Blvd
SaintPaul, Mmnesota.i5702
NOTICE OF VIOLATION
Owner/Manager
American Sport Cafe - Playground
2554 Como Avenue
St. Paul, MN 55108
RE: All licenses held by WHT, Inc., d/bi
at 2554 Como Avenue in Saint Paul
License ID #19990006821
Telephone: 65l 266-8710
Facsimile: 657 298-5679
Sport Cafe - Playground for the premises located
Deaz Sir/Madam:
The Department of Safety and Inspections will recois�uend adverse action against the all licenses
held by WHT, Inc., d/6/a American Sport Cafe - Playground fo�he premises located at 2554 Como
Avenue in Saint Paul. The basis for the recommendation is as fo� ows:
On November 6, 2007, a Restaurant Inspeetion was perfor�ne
establishment by Environmental Health division of the Depa`�c
Inspections. At that time they found iwenfy (20) non-crifical .
violations. Sixteen (1� of the twenty (20) non-critical violatio
violaiions and seven (7) of the nine (9) crifical violations were
at your
nent of Safety and
id nine (9) critical
�tvere repeat
�pe�t violations.
For example, the inspector noted concern with the lack of maintenanc�pon the
plambing fixtures and dangerous conditions in the eshaust hood over the cooldng
equipmen4 The dishwasher discharges the dirly wash water directly onta,the floor
and because the spray sink does not have an atfached waste line, it discharg`as water
onto the floor beneath it. The inspector believed the risk of Sre at yonr ��;,
establishment was high because you stufFed paper towels into the fire suppressi�n
system in order to soak up the eacess grease that was collectaing on the filters. „
Other violations noted include: a lack of a Certified Food Manager, evidence of frui#
fly and mouse infestation; non-working equipment, heavily soiled surfaces,
improper sanifizing and walls and floors in disrepair. The complete list of violafions
is confained in the November 6, 2007 inspection report.
According to DSI records, Management Reviews were held with you fwice in fhe
past. The large number of violations that continue to be seen during inspectioas
implies that you are not maintaining fhe establishment in compliance with the law.
AA-ADA-&EO Employer
.;,
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t.
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American Sports Cafe - Play, �
February22, 2008
Page2 p$ •39(y
refore, as per Saint Paul Legislative Code §310.05 (m)(2}, the licensing office will recommend a
�50 0 matriX penalty and suspension ofyour food licenses unial all the violations have been conected.
At this ti� you have three options on how to proceed:
You ca$�ay the recommended $500.00 penatty: If this is your choice, please send the payment to
the DeparE�nent of Safety and Inspections (DSI) at 8 Fourth Street East, Suite 200, St. Paul,
Minnesota �101-1002 no later than Monday March 3, 2008. Payment should be directed to the
attention of CBristine Rozek. A self-addressed envelope is enclosed for your convenience.
Payment of the�alty will be considered a waiver of the hearing to which you aze entitled. You
may contact Kimb IY Cazlton at (65 11 266-9 090 to schedule an inspection to verify that all of the
violations have been�conected.
2. If you wish to admit tha cts but contest the penalty, you may have a public hearing before the
5aint Paul City Council, y' will need to send me a letter with a statement admitting the facts and
requesting a public hearing.�e will need to receive your letter by Monday, March 3, 2008. The
matter will then be scheduled b�fore the City Council for a public hearing to determine whether to
impose the penalty and license su� ensions. You will have an opportuniTy to appeaz before the
Council and make a statement on yolir own behalf.
3. If you dispute the above facts, you can reques�
that heazing both you and the City will be a�
cross-examine each other's witnesses. The St:
this is your choice, please advise me no later t
necessary steps to schedule the adminish
a hearing before an Administrative Law Judge. At
to appeaz and present witnesses, evidence and
� aul City Council svill �?�timz±ely decide the case. If
onday, March 3, 2008, and I will take the
If you have not contacted me by that date, I will as�me that you are not contesting the
imposifion of the $500 penalty and suspension of your food li nses. In that case, the matter will be
placed on the Conncil's Consent Agenda for approvai of fhe re ommended penalty.
If you have questions about these options, please feel free to
Sincerely,
� c�P,�, ��`�"�
Rachel Tierney
Assistant City Attorney
me at 266-8710.
cc: Christine Rozek, Deputy Director of DSI
Steven Foss, 2140 Barclay Street, #106, St. Paul, MN 55109
Nina Axelson, Community Organizer, St. Anthony Pazk Community Council
890 Cramwell Avenue, St. Paul, MN 55114-1599
AA-ADA-EEO Employer
STATE OF NIINNESO'�1
� SS.
courrrY oF �sEY �
DS-3�10
Julie Kraus, being first duly swom, deposes and says that on the 22nd day of Febrnary,
aed the attached NOTICE OF VIOLATION by placing a true and correct copy thereof
�
addressed as follows:
American Spol� Cafe - Playground
2554 Como Ave'i�ue
St. Paul, MN 551
Steven Foss �
2140 Barclay Street, #106
St. Paul, MN 55109
Nina Axelson, Comxnunity Organizer�
St. Anthony Pask Community Council
890 Cromwell Avenue
St. �aui, YIN 55114-1549
(which is the last known address of said person)
the United States mail at St. Paul, Minnesota.
the same, with postage prepaid, in
Kraus
Subscribed and sworn to before me
this 22n day of Febivary, 2008
i?�� - � y � ,
" i�bcaty Publio �
R4TA IA. $OSSARD
lDTARY PUBLIC-MINrE50TA
MY COMMISSION
pCP(RESJAN.37, 201 0
AFFIDAVIT OF S� JICE BY U.S. MA.iL
�
Chapter 310. Uniform License Procedures Page 1 of 1
� � b$-3�1�
(I) Imposition offines. The council may impose a fine upon any licensee or license applicant as an adverse
Iicense action. A fine may be in such amount as the councit 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 �ieu of other adverse adion in the sole discretion of the council. To the eYtent 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 Shall be controlling.
���(m) Presumptive penalUes for certain viofations. The purpose of this section is to esta6lish a standard hy
"nghich the city council determines the amount of fines, the Iength of license suspensions and the propriety of
reLocations, and shall apply to alI license types, except that in the case of a violation involving a liquor
lice�se § 409.26 shall apply where a specific violation is listed. These penalties are presumed to be
apprd��riate for every case; however the council may deviate therefrom in an individual case where the
council'fnds 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 sel�ted was more appropriate.
Type of Violation
Appearance
ist 2nd 3rd
4th
(1) Violations of conditi�C�s placed on the license $500.00 fine
\
(2) Violation of provisions ofV;he legisfative code $500.00 fine
relating to the licensed activit�\��
(3) Failure to permit entrance or iAspection by S-day
LIEP inspector or police � suspension
(4) Commission of a crime other than �felony on $700.00
the premises by a licensee or employee �
(5) Commission of a felony on the premise� �by a $2,000.00
Iicensee or empioyee \
$1,000.00 $2,000.00 fine and SO- Revocati
fine day suspension
$1,000.00 $2,000.00 fine and SO- Revocatl
Fine day suspension
10-day 15-day suspension Revocati
suspension
$1,500.00 5-day suspension Revocati
Revocation n/a n/a
(6) Death or great bodiiy harm in establishmen 30-day 60-day Revocation n/a
related to violation of law or license conditions '` suspension suspension
(7) Failure to pay Iicense fees �',evocation
(i) Fines payable without hearing, Notwithstanding` he provisions of section 310.05(c), a licensee who would
be making a first or second appearance before the c`• uncil may elect to pay the fine to the department
without a council hearing, unless the notice of violatio, has indicated that a hearing is required because of
circumstances which may warrant deviation from the p� sumptive fine amount. Payment of the
recommended fine will be considered to be a waiver of tli hearing to which the licensee is entitled, and will
be considered an "appearence" for the purpose of determi���ng presumptive penalties for subsequent
violations. .
http://www.ci.stpaul.xnn.us/code/1c310.htm1 12/14/2007