The URL can be used to link to this page

08-919Coancil F�le #� jL� Green Sheet #�'�()S �]Q � � RESOLUTION Presented 1 WHEREAS, adverse action was initiated against the Retail Food ( C)— Grocery 1001-3000 sq. ft. 2 and Restaurant (1) No Seats licenses held by Twin Cities Avanti Stores, LLC d/b/a Oasis Mazkets (License 3 ID#20010002932) for the premises located at 2233 Energy Park Drive in Saint Paul by Notice of 4 Violarion dated July 3, 2008, alleging licensee had two CRITICAL (Major) Environmental Heaith Code 5 violations cited on an April 10, 2008 inspection report which were not conected as of a May 15, 2008, re- 6 inspection in violation of Mimiesota Administrative Rules part 4626.0075 and Minnesota Administrative 7 RuIes part 4626.0410; and 9 WHEREAS, the licensee did respond to the Notice of Violation to request a public hearing which 10 was then scheduled for August 20, 2008; now, therefore, be it 11 12 RESOLVED, that the Retail Food ( C)— Grocery 1001-3000 sq. ft. and Restaurant (1) No Seats 13 licenses held by Twin Cities Avanti Stores, LLC d/b/a Oasis Markets aze hereby suspended until said 14 violations are corrected and ordered to pay a matrix penalty of $300.00. 15 16 This resolution, and action taken above, is based upon facts contained in the July 3, 2008, Notice of 17 Violation sent to the licensee and the arguments mada at the public hearing on August 20, 2008. Yeas Nays Absent Requested by Deparhnent of. Bostrom ,/ a � �. By: ('J�� r� 5taxk �' Thune ✓ Form Ap[ �ved by Ci { ` � BY j�fAr.G.JC. � l�.tylpf..� Adopted by Council: Date /d/�//1fj Adoption Certified by Council Secretary Form Ap ove by ayor f bm' 'on to ouncil By: � g Approv b ay . Date � � By: , � Green Sheet Green Sheet og-�ir� Green Sheet Green Sheet Green Sheet Green Sfieet � — Dept of Safety & Incpections 1&JUL-OS Green Sheet NO: 3057038 Co�ct Pe�son & Phone: Rachef Tiemey 26657'10 mus� ee on 20.AUG-08 Doc. Type: RESOLUTION E-DocumentRequired: Y Document Contad: Julie Kraus Contact Phone: 266-8776 �/ Assign Number For Routing Order ToWI # of Signature Pages ` (Clip All Locations for Signature) 0 ' e t ofSa & Ios ections 1 tofSafe &Ins ections De ar[mentDlrector Z ' Attorne 3 a or's O&ce Ma oNAssistant 4 onncil 5 ' Clerk C5 Clerk Approval of the attached resolution to take adverse acrion against the Retail Food (C) - Grocery 1001-3000 sq. ft. and Restaurant (1) No Seats licenses held by Twin Ciries AvanS Stores, LLC, d/b/a Oasis Market (License TD #20010002932) for the ptemises located at 2233 Enezgy Pazk Drive in Saint Paul. � Planning Commission CIB Committee Civil Service Commission t. Has this personffirm ever worked under a conVad fw this departmenY? Yes No 2. Has this person�rtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normafly possessed by any current city employee? Yes No Explain alt yes answers on separate sheef and aHach ta green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee had hvo CRITICAL (Major) Environmental Health Code violafions cited on an April 1 Q 2008 inspecrion report which were not conected as of a May 15, 2008 re-inspection. After nori£ication, the licensee requested a public hearing. Advantages If Approved: $300.00 penalty and suspension of all food licenses unril violations aze conected. Disadvantages Ifi Approved: None. Disadvantages IF Not Approved: Transaction: Funding SWrce: Financial lnformation: (Explain) Activity Number: CostlRevenue Budgeted: Juty 18, 2008 4:54 PM Page 1 OFFICE OF T'FIE CITY ATTORNEY John Choi, CifyAttomey � C1TY OF SAWT PAUL Ch»stopherB. Coleman, Mayor July 21, 2008 Rick Fisher District Manager — Oasis Mazket c10 Twin Cities Avanti Stores, LLC 1800 C1iffRoad Bast, Ste. 2 Burnsville, MN 55337 Civif D"ndsion 40D Cify Hall 15 West Kellogg Blvd SaintPaul, Mrnnesota 55f02 NOTICE OF COUNCII. HEARING Telephone: 65> 266-8710 Facsimile: 65> 298-5679 RE: Retail Food (C )— Crrocery 1001-3000 sq. ft. and Restaurant (1) —No Seats licenses held by Twin Cities Avanfi Stores, LLC, d(6/a Oasis Mukets for the premises located at 2233 Energy Park Drive in Saint Paul License ID#: 20010002932 Deaz Mr. Fisher: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meefing scheduled for Wednesday, August 20, at 5:30 p.m., in the City Council Chaznbers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council Por their consideration. This is an uncontested matter concerning two CRITICAL (Major) Environmental Health Code violarions cited on an April 10, 2008 inspection report which were not conected as of a May 15, 2008, re-inspection. The recommendarion of the licensing office is a$300.00 penalty and suspension of all food licenses unril violations are cozrected. If there is anv information vou would like Citv Council to review »rior to the nublic hearine I will need to receive it no later than Mondav Au ust 11 2008 Very truly yours, Z �^. �� Rachel Tierney Assistant City Attomey ca Christine Rozek, Deputy Direetor of DSI vl�IaryErickson, Council Secretary Owner/Manager, Oasis Markets, 2233 Energy Park Drive, St. Paul, MN 55108 Renee Lepreau, Community Organizer, St. Anthony Pazk Community Council 890 Cromwell Avenue, St. Paul, NIN 55ll4-1599 AA-ADA-EEO Employer d�� Licensee Name: Address: Council Date: Oasis Market 2233 Energy Park Drive St. Paul, MN 55108 Wednesday, Augnst 20, 2008 @ 5:30 p.m. Violation: Licensee had two CRITICAL (Major) Environmental Health Code violafions cited on an Apri110, 2008 inspection report which were not corrected as of a May 15, 2008, re-inspection. Date of Violations: April 10, 2008 and May 15, 2008 Recommendation of Assistant City Attorney on bebalf of client, Department of Safety and Inspections: $300.00 penalty and suspension of all food lioenses until violations are corrected Attachments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Proposed resolution ECLIPS screens dated 6/16lOS Department of Safety and Inspecfions INSPECTION REPORT dated 4J10/08 Notice of New Critical Violations dated 4/ll/OS Department of Safety and Inspections INSPECTION REPORT dated 5/15108 Request for License Adverse Action dated 6/6f08 Notice of Violation with A�davit of Service dated 7J3/08 Letter from licensee requesting a public hearing dated 7/14/08 Minnesota Administrative Rules part 4626.0075 2-301.14 Minnesota Administrative Rules part 4626.0410 3-541.19 Saint Paul I.egislative Code §310.05(m)(8) ticens�: Group Comments Text ( � 06/'16/2008 Licensee: 7yy�N CITIES AVANTI STORES LLC DSA: OASIS MARKETS 06/16f2008 To CAO for adverse action. CAR 06l06J2008 Request from EH for adverse acfion based on inspections conducted on D5/15i2008 and 04i10Y200S Matrix penaity requested is $300. CAR 07I09/2007 passed cig. Comp. Ck.KS 71/30/2006 Sent congratuiations letter for passing liquor compliance check. MED 11/28/2006 Passed liquor compliance check. MED O6/2812006 Passed to6acco compiiance check_ RJ 1'1l16/2005 Passed tobacco compliance check. RWJ 03/222005 Passed alcohoi wmpiiance check. RDH 04/15/2004 PaSSed tobacco compliance check. CMK. 07/21/2003 Letter sent from CAO stating ftem will taken off consent agenda due to fine being paid. CMK 07/21/2003 §500.00 Rcvd for liquor sales violation. IAB 07/09/2003 Notice of Council Mee6ng for August 6. CMK �6l1�/2003 Notice of Volation for selting tobaccA to a minoc CMK. 05f26/2002 To CAO for adverse action. CAR 05(0872003 Faiied DPS alwM1Ol compiiance check conducted by SPPD. First taiWre 2fter warning, $500 matrix penaity. CAR D3/31l2003 Passed Tobacco Compiiance Check. CMK. 05/01/2002 Passed tobacco compliance check. SCS 03/09/2002 Failed DPS alcohol compliance check conducted by SPPD, First failure, Warning letter, Must have training by 04/30/2002. CAR 17/Otl2001 Passed tobacco compliance check. SS 10l25l2001 Sent congrafulations letter for passing alcohol compliance check. SS 10f0972001 LeHer sent to applicant for reqmrement not met, due 10f15J2001, caa 'f 0lOSl2001 Passed DPS compliance check conducted by SPPD. SS 08/17/2001 Have received no complaints against this Ilcense by notification date per Gerry Strathman - license approved. JL OS/07/2001 New cigarette license letter regarding compliance mailed. JL 07/13/2001 Notification response date 08/70/2001, notices mailed 07l12l2007; SOM & 38EM. JL �7/06/2��1 No change in use. Only change in ownership. caa t r s xv. .s� n_ r s. E..F+ s.x n- : s! ,se sr- .. .. . . . . _,. �r_.x,x� a;�.. ...,�, �__tti. -r:T�.. ��._ ):.. t'"fi.��i- .._ _ �� : . � � : „f :. s - - . .. i _- . � ; � � �- , �- � � - �€ � � , _ K � � . v - +` +' i s _ µ _ ' ' Y ' ii f , i x- a y m. � x �- ! i . . t ' qL ' ��!3I � a = � � � ° �tl� �"f �.L��' � �t�7� ;1��ttt3� � �#�2�) �_..... . f� �"tc�€� � �� .. . . � ._ fiy -.. ,��3 `F Ac�� y �f,, � „ � � �• "" s E- � . . �. .- CITY OF SAINT PAUL INSPECTIONREPORT OASIS MARKET 2233 ENERGY PAILK DRIVE ST PAi3L MN 55114 65I-266-9724 Inspection Type: Food Grocery Ittspection: 06264228 Inspecfion Date: April 10, 2008 Contact Person: JENNIF'ER CANIPOS Inspection results for: OASTS MARKET 2233 ENERGY PARK DRIVE ST PAIJL MN 55114 This inspection was the result of a review of your establasY�mentlproperty, An inspection of your facility found the following deficiencies. Please make the required corrections on or before the compliance date(s) indicated. If any of the conections require changes to the physical shucture, building permits may be required. Your establislunent is subject to inspection at any time. 04l27J04 This folder has one "retail food (C) - gocery 1001 - 3000 sq ft." and one restaurant "A" license associated with it. [roy] *GROCERY- No test kit available to check sanitizer strength. Provide and use a test kit to check the sanitizer concentration in the sanitizing compartment of the utensil washing sink, wazewashing maclune and for the wiping cloth solution. (NIN 4626.0715) Comply by: 0611612005 Severity: Non-Critical Notice #: i Status: Unabated *GROCERY- The floors, walls or ceilings are not being cleaned and maintained. THE WALL IN THE PREP 1�REA AT THE FRONT OF THE STORE IS IN POOR CONDITION - FRP HAS BEEN REMOVED. Ciean and maintain the walis. (MN 4626.1520) Comply by: 07f0112005 Notice #: 1 Severity: Non-Critical Status: Unabated �GROCERY- Light fixtures lack effecfive shielding or shatter resistant bulbs. INSIDB PASTRY DISPLAY CASB, AND IN THE HOT FOODSBEVERAGE AREA. Provide effective shielding or shatter resistant bulbs for all light fixtures where there is e�osed food, clean equipment, utensils and linens, and unwrapped single-service or single-use articles. Provide end caps for fluorescent protective tubes. (N1N 4626.1375} Comply by: 06/23/20Q5 Notice #: 1 Severity: Non-Critical Status: Unabated Page I DEPARTMENT q' � FETY AND INSPECTIONS i Bob Kessler, Dbector �, COM�YfERCE BUILDING Y�ebSiteAddress: www.stpaul.gov/dri *�xocExY - �._ { �-. Equipment is in disrepair. TF� c:OFFEB CABINETRY IS FALLING 3N t0 AISREPAII2. All equipment and components must be in good repair, maintained and Severity: Non-Critical Notice #: 1 Status: Unabated C��j '�GROCERY - SALES AREA Light bulbs are burned out or broken. LIGHTS BURNED OUT IN TI� FR.ONT (CUSTOMER SIDE) OF TF�E WALK IN COOLER. - Replace burned out or broken light buibs. (MN 4626.1515) Comply by: 11/07/2003 Notice #: 1 Severity: Non-Critical Status: Unabated BACK ROOM - No soap provided at handwashing lavatory. Provide and maintain an adequate supply of hand soap at each handwashing lavatory. (MN 46261440) Comply by: 07(09l2008 Notice #: 1 Severity: Non-Critical Status: New BACK ROOM - No disposabie towels provided at hand lavatory. Provide and maintain an adequate supply of sanitary single use towels in a functional dispenser at each sink in the food preparation area. Do not use common towels for drying or wiping hands. (MN 4626.1445) Comply by: 07/09/2008 Notice #: 1 Severity: Non-Critical Status: New BACK ROOM - Food service employees are not washing their hands. AT TF� 3-COMPARTMENT SIIVK. NO SOAP, PAPER TOWELS, OR FINGERNAII, BRUSH AVAIL,ABLE. Food service employees must properly wash hands and exposed portions of arms after handling soiled equipment or utensils. (MN 4626.0075) Compiy by: OS/l OJ2008 Notice #: 1 Severiiy: CRITICAL {Major) Status: New BACK STORAGE AREA - BAG-IN-A-BOX SYSTEM CO2 tanks and other pressurized bottle gas cylinders are not properly secured. Secure carbon dioxide and bottle gas cylinders with chains or other restraints. (MN 4626.0725) Comply by: 11lObl2006 Severity: Non-Criticai Notice #: 1 Status: Unabated Page 2 'FI�ONT "PREP" AREA - ( � No soap provided at handwashing lavatory. SOAP DISPENSER IS BROKEN; DIFFICITI.,T TO GET SOAP OUT OF THE BOTTLE. �� Provide and maintain an ad�m,arP ��_-__.. F� .-�, �� 4G�fi: f�4�' �8aipty�iy: Notice #: 1 Severity: Non-Critical Status: New GENERAL- There is no MINNESOTA CERTIFIED food manager employed by ttris establishment. A certified food manager is required if potentially hazardous foods aze prepared. You must employ a Mivuesota Certified Food Manager in accordance with the State of Minnesota Food Manager Certificafion Rules. If you have quesrions or want the names of any course providers, contact the Minnesota Department of Health at 651-201-4500 or go to the Minnesota Department of Health web site at: www.health_state.mn.us/divs/ehffood(frnc%ourses.hhnl Comply by: Notice #: 1 Severity: Non-Critical Status: New GENERAL- Nailbrush not provided at handwashing la�atory. Each handwashing lavatory or group of two adjacent lavatories used by employees must have a nailbrush auailable. (NIIQ 4626.1440) Comply by: OS/03/2002 Severity: Non-Crirical MOP SINK AREA - Netice #: 1 Status: Unabated Maintenance tools such as mops, brooms, vacuum cleaners, and similar equipment are not being properly stored. MOP 5TORED ]N BUCKET OF WATER. Hang mops to dry after each use and do not store mops in a manner that will soil walis or contaminate equipment and supplies. (MN 4626.1540) Compiy by: 05f0312002 Severity: Non-Critical SALESFLOOR- Notice #: 1 Status: Unabated Foods have not been properly mazked with the time when they must be cansumed or discarded. HOT SANDWICHES THAT AR.E REHEATED AND HELD FOR CONSLIMPTION NEED TO BE 1VIARKED. When using time only rather than time and temperature as a public health control, for a working supply of potentially hazardous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumption, the food must be marked or otherwise identified with the time within wi�ach the food is to be cooked, served, or discarded. (MN 4626.0410) Comply by: OS/10/2008 Notice #: 1 Severity: CRITICAL (Major) Status: New Page 3 CRiT7GAL DEFICIENCIES: Defi(" lcies with a Severity of CKTI'TCAL ar( `ORE LII{ELY to conhibute to food contamination, illness, or envirunmental degradation_ Q$ ! NONCRIT'ICAL DEFTCTENCIES: Aeficiencies with a Severity of NONCRTTICAL aze LESS LIKELY to ALTERATTONS: Before an existing establishment is altered, detailed drawings and equipment specificarions must be submitted and approved by this office. T'HIS MUST BE DONE BEFORE CONSTRUCTION BEGINS. CHANGE OF OWNER OR MANAGEMENT: Before a change in ownership or management, this establishment must be brought into total compliance with the Saint Paul Food Code. An evaluation must be made by the DSI Division of Environxnental Health to detennine if remodeling or equipment changes are necessary before the required transfer can be approved. EQLTIPMEN'I' INSTALLATTON: Ali newly installed equipment must be NSF approved or equivalent. Contact this office far further information. If you think these orders are issued in error you may appeal theu interpretation to the City's I,egislative Hearing Officer by contacting the City Clerk @(651)266-8989 and paying a fee of $25.00. The Legislative Hearing Officer CAN NOT waive the requirements of the Building, Aousing, or Health Code; but he or she can make recommendations to the City Council conceming DSI's interpretation and applicafion of the various codes. Appeals must be filed within 10 days of receipt of this written norice. If you have any questions regazding this inspection, feel free to ca11 the inspector @ 651-266-9090 Kim Cazltpn R.S. Environmental Health Specialist Date Copy to: Page 4 ._ : r � ( DEPARTMENT OF SAFETY AND INSPECTIONS Bob Xessler, Zhrector �p � j � t C) CTTY OF SAINT PAiIL� ---f=ea�xcESUnv1R = --�� . -- �c�9o�� -- _ --�- toyi _Ftex�B�.Goleraaq-�G{ajrtir--=-- Suite 200 Facsrmiie 651 266-9I24 StPauZ,Minnesota55101-1024 Web wwwstowLem/dsi NOTICE OF NEW CRITICAL VIOLATIONS Jennifer Campos Oasis Mazket 2233 Energy Pazk Drive St Pau1 MN SSlla Date: 04/11/08 Inspection Number: 06 264228 Deaz Jennifer Campos: The Depariment of Safety and Inspections (DSn, Environmental Health Division conducted an inspection of your facility at 2233 Energy Pazk Drive on 04l1Q(08. During the inspection, food code violations were noted. All violations noted in the inspection report must be conected. Failure to correct any of the violarions noted below and in the attached report can resuk in adverse action against your license (fine, license suspension and/or license revocation). See the attached inspection report date U4l10/08 for a detailed description of ail viclations tha� mus� he coerected. All violations noted in the attached inspection report must be corrected bv the date(s) indicated. The following critical food code violations were noted and must be corrected by the date indicated: Violation 1 Severity: CRITICAL (Major) Comply By: OS/10108 Nofice # 1 Food service employees are not washing their hands. AT THE 3-COMI'ARTMENT SINK. NO SOAP, PAPER TOWELS, OR FINGERNAIL BRUSA AVAILABLE. Food service employees must properly wash hands and exposed portions of arms after handling soiled equipment or utensils. (NIN 4626.0075) Violation 2 Severity: CRITICAL (Major) Comply By: OS/10/08 Notice # 1 Foods have not been properly marked with the time when they must be consumed or discazded. HOT SANDWICHES THAT ARE REHEATED AND HELD FOR CONSiJNII'TION NEED TO BE MARKED. When using time only rather than time and temperature as a public heaith control, for a working supply of potentially hazazdous food before cooking, or for ready-to-eat potentially hazardous food that is displayed or held for seroice for nnmediate consumption, the food must be mazked or otherwise identified with the time within which the food is to be cooked, served, or discarded. (NIN 4626.0410) AA-ADA-EEO Employer ,; - NOTICE �- A re-inspection of your facility witl be conducted on or after 05/10/08 to veriiy that these vioiations have been corrected. Violations that have not been corrected will be referred to the City Attorney's Office for adverse action against your Iicense that may result in a fine, license suspension and/or license revocation. If you have any questions, please contact me at 651-266-9132 or contact Kim Cazlton R.S. at 651-266- 9090. Bill Crunthar Environmental Health Manager • � �� DEPARTMENT � 1FETY AND INSPECTIONS � Bob Kessler, Director CITY OF SAINT PAUL INSPECTIONREPORT OASIS Mt1RKET 2233 ENERGY Pt1RK DRIVE ST PALTL MN SS ll4 Telephone: 65I-26�9124 Inspection Type: Food Crrocery Inspection: 08056959 Inspection Date: May 15, 2008 Contact Person: ELIZABETH SCHWANT'E Tnspection results for: OASIS MARKET 2233 ENERCzY PARK DRIVE ST PAUL MN 55114 This is a partial review of your facility. The deficiencies listed include those noted during this inspection as well as any remainiug deficiencies from the last inspecrion that were not reviewed during this partial inspecrion. An inspection of your facility found the following deficiencies. Please make the required corrections on or before the compliance date(s) indicated. If any of the conections require changes to the physical structure, building permits may be required. Your establishment is subject to inspection at any time. 04/27/04 This folder has one 'Yetail food (C) - grocery 1001 - 3000 sq ft." and one restaurant "A" license associated with it. [roy] *GROCERY- The floars, walls or ceilings are not being cleaned and maintained. 'IT�', WALL IN THE PREP AREA AT THE FRONT OF THE STORE IS IN POOR CONDITION - FRP HAS BEEN REMOVED, Clean and maintain the walls. (1VIN 46261520) Comply by: 07/O1/2005 Notice #: 2 Severity: Non-Critical *GROCERY- Status: Unabated No test kit auailable to check sanitizer strength. Provide and use a test kit to check the sanitizer concentration in the sanitizing compartment of the utensil washing sank, warewashing machine and for the wiping cloth solurion. (NIN 4626.0715) Comply bp: 06/16/2005 Severity: Non-Crifical Notice #: 2 Status: Unabated COMMERCE BUILDING Web Site Address: ivww.stpauLgm/dri Page 1 '�GkDCERY - �' f^ Light fixtures lack effective shielding or shatter resistant bulbs. II3SIDE PASTRY DISPLAY CASE, AND IN TI� HOT FOODSIBEVERAGE AREA. �_ Provide aaequ�pmen� nfeusi s an ens, and unwrapped singl�service ar single-use articles. Provide end caps for fluorescent protective tubes. (MN 4626.1375} Comply by: 06/23/2005 Severiry: Non-Critical *GROCERY- Norice #: 2 Status: Unabated Equipment is in disrepair. THE COFFEE CABINETRY LS FALLING INTO DISREPAIIZ. All equipment and components must be in good repair, maintained and adjusted in accordance with manufacturer�s specifications and/or complies with NSF Internarional Standazds. (MN 4626.0735) Comply by: 06/30l2005 Severity: Non-Critical BACK ROOM - Notice #: 2 Status: Unabated No soap provided at handwashing lavatory. Provide and maintain an adequate supply of hand soap at each handwashing lavatory. (MI�T 4626.1440) Comply by: 07/09/2008 Severity: Non-Critical BACK ROOM - Notice #: 2 Status: Unabated Nailbrush nat provided at handwashing lavatory. Each handwashing lavatory or group of two adjacent lavatories used by employees must have a nailbrush auailable. (MN 4626.1440) Comply by: 05/03l2002 Severity: Non-Critical BACK ROOM - Notice #: 2 Status: Unabated No disposable towels provided at handwashing lavatory. Provide and maintain an adequate supply of sanitary single use towels in a functional dispenser at each sink in the food preparation area. Do not use common towels for dryuig or wiping hands. (MN 4626.1445) Comply by: 07/09/2008 Severity: Non-Criticai BACK ROOM - Notice #: 2 Status: Unabated Food service employees aze not washing their hands. AT TFiE 3-COMPARTMENT SINK. NO SOAP, PAPER TOWELS, OR FINGERNAII. BRUSH AVAILABLE. Food service employees must properly wash hands and e�cposed portions of arms after handling soiled equipment or utensiis. (MN 4626.0075) Comply by: 05/1 012 00 8 Severity: CRITICAL (Major) Notice #: 2 Status: Unabated Page 2 'SAI;ES FLOOR - � �'- � Foods have not been groperly mazked with the time when they must be consumed or discazded.� SANDWICHES THAT ARE REHEATED AND HELD FOR CONSUMPTION NEED TO BE MARKED. - _— ------_ -- � ` r t$an time an� temperature as a public health conh for a working supply of poteutially hazardous food before cooking or for ready-to-eat potentially hazardous food that is displayed or held for service for immediate consumprion, the food must be marked or otherwise identified with the time within which fhe food is to be cooked, served, or discarded (MN 4626.0410) Comply by: OS/10/2008 Severity: CRITICAL (Major) Notice #: 2 Status: Unabated CRTTICAL DEFICIENCIES: Deficiencies with a Severity of CRITICAL are MORE LIKELY to contribute to food contaminarion, illness, or environmentai degradation. NONCRTi'ICAL DEFICIENCIES: Deficiencies with a Severity of NONCRITICAL aze LESS LIKELY to contribute to food contamination, illness, or environmental degadation. ALTERATIONS: Before an existing establishment is altered, detailed drawings and equipment specifications must be submitted and approved by this office. THIS MiTST BE DONE BEFORE CONSTRUCTION BEGINS. CHANGE OF OWNER OR MANAGEMENT: Before a change in ownership or management, this establishment must be brought into total compliance with the Saint Pau1 Food Code. An evaluafion must be made by the DSI Division of Environmental Health to deterniiue if remodeling or eouipment changes aze necessary before the required transfer can be approved. EQUIPMENT INSTALLATION: All newly installed equipment must be N5F approved or equivalent. Contact this office for fi�rkher information. If you think these orders aze issued in error you may appeal their interpretation to the City's Legislative Hearing Officer by contacting the City Clerk @(651)266-8989 and paying a fee of $25.00. The Legislative Hearing Officer CAN NOT waive the requirements of the Building, Housing, or Health Code; but he or she can make recommendations to the City Council concerning DSPs interpretafion and application of the various codes. Appeals must be filed within 10 days of receipt of this written notice. Tf you have any questions regarding this inspection, feel free to call the inspector @ 651-266-9090 Kim Carlton R.S. Copy to: Envu Health Specialist Page 3 Date (� �� . �� EPARTMENTALMEMORANDUM DATE: 06/06/08 TO: Christine Rozek FROM: BiU Gunther ( f�� RE: Oasis Market 2233 Energy Park Drive Inspection Number: 08 056959 Inspection Date: 05/15/08 REQUEST FOR LICENSE ADVERSE ACTION The Environmental Health Division conducted a re-inspection of the facility at 2233 Energy Park Drive on 05/15/08 and is recommending license adverse action (Section 331A.11 of the Sainf 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: Violation 1 Severity: CRITICAL (Major) Comply By: 05i10/08 Notice # 2 RECOMMENDED PENALTY: $175 Food service employees are not washing their hands. AT THE 3-COMPARTMENT SINK. NO SOAP, PAPER TOWELS, OR FINGERNAIL BRUSH AVAILABLE. Food service employees must properly wash hands and exposed portions of arms after handling soiled equipment or utensils. (MN 4626.0075) Violation 2 Severity: CRITICAL {Major) Comply By: 05l10l08 Notice # 2 RECOMMENDED PENALTY: $125 Foods have not been properfy marked with the time when they must be consumed or discarded. HOT SANDWICHES THAT ARE REHEATED AND HELD FOR CONSUMPTION NEED TO BE MARKED. When using time only rather than time and temperature as a public health controi, for a working supply of potentialiy hazardous food before cooking, or for ready-to-eat potentially Page 1 of 2 f I hazardous food that is displayed or held for service for immediate consu , or discarded. (MN 4626.0410) The penalties tisted above were based on the food code penalty guideline and the following mitigating or aggravating factors: The handsinks are not being properly maintained with no towels or nail brush and this was a second viofation. It is a simpie task to replace hand towels and to have a system so that you do nof run out. Potential for harm or imminent threat to public health: Not washing hands is a significant pubfic health hazard. The fine is set at only 70°/o by virtue of this is just the being of our adverse action system. The date marking violation has the potentiai of being a major public hea�th hazard but it appears that the food in question was not in poor condition. Degree of uvillfulness or negligence: There should be no repeat of not having towels at the handsink. It is a simple task to monitor and replace. Date marking the food is an easy task to do and so not instituting a date making system shows that they are not serious about following inspector's orders. Demonstration of good faith efforts to correct a violation: Although some items were corrected between inspections, there was not significant inprovement.. Other: In general the fines are set lower only because this is the phase-in of our penaity system. If this were 6 months from now, the fines would be significantly highter. cc: Bili Gunther Bob Kessler 2of2 G. I �� , OFF'ICE OF THE CITY ATTORNEY John J. Choi, City Atfomey SAiNS PAUL � AAAA CITY OF SAINT PAUL ChristopherB. Coleman, Mayor Juiy 3, 2008 C"aril Division 400 Cify Hall 15 West Kellogg B/vd. SaintPauf, Mnnesota 55102 NOTICE OF VIOLATION � Owner/Manager Oasis Mazkets 2233 Energy Pazk Drive St. Paul, MN 55108 Telephone: 651 266-8710 Facsimile: 651298-5619 RE: Retail Food (C )— Crrocezy 1001-3000 sq. ft. and Restaurant (1) — No Seats licenses held by Twin Cities Avanti Stores, LLC, d/b/a Oasis Mazkets for the pretnises located at 2233 Energy Park Drive in Saint Paul License ID#: 20010002932 Dear Sir/Madam: The Department of Safety and Inspections (DSn will recommend adverse action against the Retail Food (C )— Grocery 1001-3000 sq. ft. and Restaurant (1) —No Seats licenses held by Twin Cities Avanti Stores, LLC, d/b/a Oasis Markets far the premises located at 2233 Energy Park Drive in Saint Pau1. The basis for the recoxnmendation is as follows: On April 10, 2008 the Environmental Health Division condncted an inspection of your establishment and cited you for two (2) CRI1'ICAL (Major) violations including: 1) Food service empioyees are not washing their hands (at the 3- compartment sink no soap, no paper towels or fzngernait brush availabte) and 2) Foods have not been properly marked with a time when they must be consumed or discarded (hot sandwiches that are reheated and held for consumption need to be marked). On April ll, 2008, DSI sent you a Notice of New Critical Violafions eaplaiuing that these violafions must be corrected and informed you that they would conduct a re-inspection to verify that the corrections have been made on or after May 10, 2008. AA-ADA-Eb0 Employa � (� Oasis Mazkets July 3, 2008 � � � G 2 -- -- ----- _. . On May 15, 2008, the Environmental Health Division conducted a re-inspecfion of yonr establishment and cited yon for the same two (2) - CRITICAL (Major) violations which had not been corrected —1) Food service employees are not washing their hands (at the 3-compartment sink no soap, no paper towels or fzngernail brush available). This is a violation of Minnesota Administrative Rules part 4626.0075 which states: "A food employee shali clean the hands and exposed portions of the arnzs as spec�d in part 4626.0070 at the following times: .....E) after handling soiled equipment or utensils; Fj immediately before engaging in food preparation including working with ezposed food, clean utensils and unwrapped single service andsingle-use ariicles in thefoodpreparation area and G) duringfood preparation, as often as necessary to remove soil and contamination and to prevent cross-confamination when changing tasks." 2) Foods have not been properly marked with a time when they must be consumed or discarded (hotsandwiches that are reheated and heldfor consumption need to be marketn. This is a violation of Minnesota Administrative Rules part 4626.0410 which states: "Time only, rather than time in conjunction with temperature, may be used as the public health control for a working supply ofpotentially haZardous food before cooking, or ready-to-eatpotenfially hazardousfood that is displayed or heldfor service for immediate consumption, if: A. the food is marked or ofhenvise idenkfied wat� the ti within which itshail be cooked, served, or disca.ded; B. when thefoad is provided for service and consumption is remmed from temperature control, the food: I) is served or discarded within four hours; and 2) is not removed from time control and returned for use at a later time; C. food in unmarked containers or packages, or for which the time expires, is discarded; and D. written procedures are maintained in the food establishment and made available to the regulatory authority upon request, to ensure proper compliance.... " As per Saint Paul Legislative Code §310.05 (m) (8), the licensing office will recommend a total penalty of $300.00 and suspension of your food licenses until all the violations have been conected. At this time, you have three options on how to proceed: You can correct the violations and pay the recomtnended $300.00 penaity. ff this is your choice, please send the payxnent to the Department of Safety and Inspections (DS� at & Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Monday, July 14, 2008. Payment should be directed to the attention of Christine Rozek. A self- addressed envelope is enclosed for your convenience. Payment o£the penalty will be considered a waiver of the hearing to which you are enfitled. You may contact Kim Carlton, Environmental Health Specialist at (651) 266-9090 to schedule an inspecfion to verify that the violations haue been conected. If the violafions have not been corarected, the matter will then be ulaced on the Council's Consent Aeenda for suspension of vour food licenses. AA-ADA-EEO Employer Oasis Markets � July 3, 2008 Page 3 i �� 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 admitt�ng the facts and requesting a public hearing. VJe will need to receive your letter by Monday, Jnly 14, 2008. The matter will then be scheduled before the Ciry Council for a public hearing to determiue whether to impose the penalty and license suspension. You will have an opporlututy 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 Administrafive 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 will ultimately decide the case. If tlus is your choice, piease advise me no later than Monday, July 14, 2008, and I wiil take the necessary steps to schedule the adnuuistrative hearing. If you have not contacted me by that date, I will assume that you are not contesting the imposition of the $300.00 penalty and suspension of your food licenses. In that case, the matter will be placed on the Council's Consent Agenda for approval of the recommended penalty. If you have qnestions abeut these cpfions, please feel free to contact me at 266-8710. Sincerely, ' iZ�,�..e. � . Rachel Tiemey `�� Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Twin Cifies Avanfi Stores, LLC, 1800 Cliff Road East, Ste. 2, Bumsville, MN 55337 Renee Lepreau, Communily Organizer, St. Anthony Park Community Council 890 Cromwell Avenue, St. Paul, MN 55114-1544 AA-ADA-EEO Employer sTa� oF NmlrrESO� ^ � ss. COUNTY OF RAMSEY ) AFFIDAVIT OF S�_ �TCE BY U.S. MAIL Julie Kraus, being first duly sworn, deposes and says that on the 3` day of July, she served the attached N01'ICE OF VIOLATTON by piacing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Oasis Markets 2233 Energy Pazk Drive St. Paul, MN 55108 Twin Cities Avanti Stores, LLC 1800 Cliff Road East, Ste. 2 Burnsville, MN 55337 Renee Lepreau, Community Organizer St. Anthony Park Community Council 890 Cromwell Avenue St. Paul, MN 55114-1599 (which is the last known address of said person} depositing the same, with postage prepa3d, in the United States mail at St. Paul, Minnesota. ll.-M� ��J Julie I�raus Subscribed and sworn to before me this 3` day July, 2008 ��.� � 1� Notary Pubiic �, �asaoYtarieJanisch•Wamer NfffARY PUBLIC • M4NNESOTA N1Y COP,AMi55iON � ;�;` EXPIRESJAN.33,2012 07/15l20B8 14:42 6514529233 TWIN CITZES STORES PA6E al/01 1WIN ClTiES STDItES, IM1C • 1WIN C1T1FS AVAIVTS STORES� LLC 7 800 Ensi Cc� Rowo #Z BintNSVrr,r.e� MN 55337 YAOt�isE: 952-647 -8900 F,+x: 952-641-6498 July 14, 2008 Nis. Rachel Tiemey Office o£the CityAttomey City of Saint Paul 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 RE: Norice of Violation — Lxcense ID: 20010002932 Deaz Ms. Tiemey, I am in zeceipt o£ youz letter dated July 3` zegardirzg the violations at ouz location at 2233 Bnergy Park pzive. We would like to e�ezcise option #2. We admit to the facts but contest the penalty and suspenstou. If you have any questions or need more infotmsGott �eel free to contact me at 952-64 �- 8900 extension 309. Sincerely, Rick Fishet T�i strict Manager 0�-�C� JUL-15-2908 16�24 6514529233 98i P.01 4626.0075 Minnesota Rule Page 1 of 1 � � �'�i ��l Minnesota Administrative Rules 4626.0075 2-301.14 WHEN TO WASH.x A food employee shall clean the hands and exposed portions of the arms as specified in part 4626.0070 at the following times: A. after touching bare human body parts other than clean hands and clean, exposed portions of arnis; after defecating, contacting body fluids and discharges, or handling waste containing fecal matter, body fluids, or body discharges; and before begimiiug or reh.uuing to work; B. after using the toilet, at a handwash lavatory, in the toilet room; C. after caring for or handling support auimals as allowed in part 4626.0120; D. after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; E. after handling soiled equipment or utensils; F. immediately before engaging in food prepazation including worldng with exposed food, clean utensils, and unwrapped single-service and single-use articles in the food prepazation azea; G. during food preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks; H. when switching between working with raw foods and working with ready- to-eat foods; or I. after engaging in other activities that contaminate the hands. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.08,_ 144.12, 157.011 History: 23 SR � 19 Posted: October 11, 2007 https://www.revisor.leg.state.mn.us/rules/?id=4626.0075 7/2/2008 City of St. Paul, MN - Official Website - City Charter & Codes Page 1 of 1 � � ��1 � (m) Presumptive penalties forcertain violations. The purpose of this section is to establish a standard by which 1 determines the amount of fines, the length of license suspensions and the propriety of revocations, and shail ap _ ..--_ _-.-_ _"_ r '_: "-_'_'____"__,-"'-__�'"�._."_"'�. , � _ , _.. f '_'_.�__�.�� , r _"�._.�._..._...... --- Tfiese penalti`es are presumed to be appropriate for every case; however the council may deviate therefrom in a where fhe council finds and determines that there exist substantial and compeiling reasons making it more appn When deviating from these standards, the council shall provide written reasons that specify why the penalty sele appropriafe. Type of Volation (1) Violations of conditions placed on the license (2) Vioiation of provisions of the legislative code relating to the licensed activity (2) Violation of provisions of the legislative 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 (5) Commission of a felony on the premises by a licensee or $2,000.00 employee (6) Death or great bodily harm in estabiishment related to 30-day violation of law or license conditions suspension (7) Failure to pay license fees Revocation (8) Criticai violations under 331A $250.00 (9) Non-critical viofation under 331A (i) Fines payable without hearing. Appearance 1st 2nd 3rd $500.00 fine $1,000.00 fine $2,000.00 fine anc day suspension $500.00 fine $1,000.00 fine $2,000.00 fine anc day suspension $500.00 fine $1,000.00 fine $2,000.00 fine anc day suspension 5-day 10-day 15-day suspensior suspension suspension $700.00 $1,500.00 5-day suspension Revocation n/a 60-day Revocation suspension $500.00 $150.00 $250.00 $1,000.00, 5-day suspension $500.00 A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appea council may elect to pay the fine to the Department of Safety and Inspections without a council hearing, unless t viofation has indicated that a hearing is required because of circumstances which may warrant deviation from th fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licf and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent vic B. For adverse action initiated under Chapter 331A of this Code, a fine may be paid without a hearing regardles: prior appearances that licensee has made before the Council. The above council hearing requirement applies tc Chapter 331A unless the fine recommended by the Department of Safety and Inspections is equal to or less tha outlined in the above matrix. Payment of the recommended fine will be considered to be a waiver of the hearing licensee is entitled, and wili be considered an "appearance" for the purpose of determining presumptive penaltie violations. A non-critical violation under chapter 331A shall not be considered an "appearance" for purposes of c presumptive penalties for non-331A violations. A council hearing is required if the Department of Safety and Ins� recommends a fine that is an upward departure for the amount outlined above. http://www.ci.stpaul.mn.us/web/CityCode/ic310.htm1 7/1/2008