The URL can be used to link to this page

09-1378Council Ftile # �—� Green Sheet # � 0�(p RESOLUTION �f � PAUL, MINNESOTA Presented by 1 WHEI2EAS, adverse action was taken against all licenses held by Pappy's Fish & Chicken d/bJa 2 Pappy's Fish & Chicken (License ID#20090600148) for the premises located at 1462 i3niversity Avenue 3 West in Saint Paul, by Notice of Violation dated November 5, 2009, alleging licensee was cited for two (2) 4 Critical-Major and one (1) Critical-Minor Environmental Health Code violations during a re-inspection on 5 September 28, 2009, which had not been conected by the September 16, 2009 deadline; and 6 WHEREAS, per Saint Paul I.egislative Code §310.05 (m) (9), the licensing office recommended a $525.00 matrix penalty and suspension of all licenses until the violations are corrected; and 9 10 WHEREAS, the licensee did respond to the Notice of Violation to request a hearing which was ll held on December 16, 2009; now, therefore, be it 12 13 RESOLVED, that all licenses held by Pappy's Fish & Chicken dib{a Pappy's Fish & Chicken aze 14 hereby suspended until the two (2) Critical-Major and one (1) Critical-Minor Environmental Health Code 15 violations cited during the September 28, 2009, re-inspection are corrected. The licensee is also ordered to 16 pay a matrix penalty of $525.00. Payment of such penalty sha11 be made within thirty days of the date of 17 the adoption of this resolufion. 18 19 This resolution, and action taken above, is based upon facts contained in the November 5, 2009, 20 Notice of Violation sent to the licensee and the arguments made at the public hearing on December 16, 21 2009. Request d by Department of: �� s BY ( � �.l�� Adoption Certified by Counc}l Secretary BY / / //�li�ir.ii�� Approved by Mayor Date j��_ BY� .t �. �,l �,ts-��v7 Form Approve by City Atto BY ___��___�-v-..� Form Approved by Mayor for Submission [o Council By: Adopted by Council: Date ��/��1�j � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � I DepartmenUOfficeJCouncii: � Date Initiated: � �� , S� _ Dept. of Safety & Inspections i� 20 NOV 2009 i Green Sheet NO: 3089056 � Contacf Person & Phone: � Virginia D. Palmer 266-5 � Must Be on Councit genda by (Dat ! 16-DEC-fl8 (��,�� i„ , , i�` � Doc. Type: RESOLUTION i &Document Required: Y � Document Contact: Julie Kraus � Contact Phone: 26&8776 � � � 1 ' Assig� z � Number ? 3 1 For � Routing � 4 � Order '� g Total # of Signature Pages _(Clip All Locations for S ign a t u r e) Action Requested: Approval of the attached resolution to take adverse action against all licenses held by Pappy's Fish & Chicken dlbfa Pappy's Fish & Chicken (License ID#20090000148) for the premises located at 1462 Univexsiry Avenue West 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/flrm ever worked under a contract for this department? Yes No 2. Has this person/firtri ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any cuttent city employee? Yes No Ezpiain all yes answers on separete sheet and aNach to gree� sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was cited for rivo (2) Crifical-Major and one (1) Crirical-Minor Environmental Health Code violations after a re-inspection on September 28. 2009. After notification, licensee responded to the Notice of Violation and requested a public hearing. AdvanWges IfApproved: Imposition of $525.00 matrix penalty and suspension of all licenses if violations aze not corrected. Disadvantages If Approved: None. DisadvanYages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (Explafn) CostlRevenue 6udgeted: Activity Number: November 20, 2009 11:24 AM Page 1 09-1378 � OFFICE OF TF� CITY ATTORNEY John Cho�, City Attomey SAfNT PAUL C4TY OF SAINT PAUL � C!NlDivision Chnstopher6. Colemarr, Mayor 400 City Haii 15 West Kellogg 8/vd. AAAA Saint Paul, Minnesota 55i02 November 23, 2009 NOTICE OF COUNCII, HEARING Alex Aqel Pappy's Fish & Chicken 1462 University Avenue West St. Paul, MN 55104 7elephone: 65> 266-8710 Facsimile: 651 298-5619 RE: All licenses held by Pappy's Fish & Chicken, Tnc. dlbJa Pappy's Fish & Chicken for the premises located at 1462 Univeisity Avenue West in Saint Paui License ID #20090000148 Deaz Mr. Aqel: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, December 16, 2009, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Pau] City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council for their considerarion. This is an uncontested matter concerning the fact that on September 28, 2009, you were cited for two (2) Critical-Major and one (1) Critical-Minor Environmental Health Code violations during a re-inspecrion that had not been corrected by the September 16, 2009 deadline. This matter has been placed on the public hearing agenda portion of [he City Council meefing during which public discussion is allowed. Per Saint Pau1 Legislative Code §310.05 (m) (9), the licensing office will recommend a$525.00 matrix penalry and suspension of your licenses until violarions have been corrected. If there is an� information vou would 6ke Citv Council to review prior to the aublic hearina I will need to receive it no later than Mondav. December 7 2009 Very truly yours, �� ' . � � � �^U� Virginia �! ��r Assistant City Attorney cc: �C Rozek, Deputy Director of DSI �miary Erickson, Council Secretary Bill Gunthez, Environmental Heaith Manager Alex Aqel, 4655 Pine Tree Curve, Eagan, MN 55122 Roger Bromander, Exec. Director, Union Pazk District Council, 1570 Concordia Avenue, Ste. LL100, St. Paul, MN 551Q4 Affimlative Action Equai Opportumry Employer STATE OF MINNESOTA) ) ss. COUNTY OF 12AMSEY ) 09-1378 AFFIDAVIT OF SERVICE BY U.S. MATL Julie Kraus, being first duly swom, deposes and says that on the �,�j_� day of Navember, she served the attached NOTICE OF COUNCIL HEARING by placing a true and correct copy thereof in an envelope addressed as fol]ows: Alex Aqel Pappy's Fish & Chicken 1462 University Avenue West St. Paul, MN 55104 Alex Aqe] 4655 Pine Tree Curve Eagan, MN 55122 Roger Bromander, Exec. Dizector Union Park District Council 1570 Concordia Avenue, Ste. LLI00 St. Paul, MN 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. 7u ' Kraus Subscribed and sworn to before me this �``� day of November, 2009 > , MG ��! C�f��, Notazy Public 5= � <<,_- . �, _:. �.., ,�=.�.: �� ? �'P`�`'��"�"-S, wai �i ,. � �;�TfinT' �UB� tC • AklNNESOTl; � ��R��:? ,_ ��i':'C�e�ISS4�E€ ,8 ,�;�c^' :s.n t ur�`:.s`�',£d.3S > 'Lfl'32� ;»�,,�.;,.. . , _ _ _ .-�^>-�- 09-1378 UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Pappy's Chicken & Fish 1462 University Avenue West St. Paul, MN 55104 Wednesday, December 16, 2009 @ 5:30 p.m. Violation: Licensee was cited for two (2) Critical-Major and one (1) Critical-Minor Environmental Health Code violation during a September 28, 2009, re-inspection that had not been corrected by the September 16, 2009 deadline. Date of Violation: September 28, 2009 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: $525.00 matrix penalty and suspension of all licenses until all violations are corrected. Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens dated 10114/09 3. Request for License Adverse Action dated 10/2/09 4. Notice of Violation with Affidavit of Service dated 11/5/09 5. Letter from licensee requesting a public hearing dated 11/18/09 6. Minnesota Administrative Rules part 4626.0235 7. Minnesota Administrative Rules part 4626.0410 8. Minnesota Administrative Rules part 4626.1095 9. Saint Panl Legislative Code §310.05(m)(9) License Group Comments Text 09-1378 'I�(94l2009 Licensee: pqppyS FISH R CHICKEN INC �BA� PAPPY'S FISH & CHICKEN License #: 20090000148 10/74/2009 To CAO tor ativerse action. CAR 10/02/2009 Request for adverse action from EH based on inspections conducted on 07/29/2009, 09/Ot/2009, and 09/28/2009. 5525 matrix penalty based on 1 critical mmor and 2 criticai major violations,CAR 03/OS/2Q09 Cha�ge DBA fram Shark's Fish & Chicken to Pappy's Fish & Chicken per licensee. LKK Address Licensee � Cordact � License �" Cardhoider � Lice�see Name: APPY'S FISH 8 CHICl4EN INC DBA: PAPPY'S FISH 8 CHIC}tEN Sales Tax Id: �� Pirni Naw OVC Cancel New Sear'ch Heip �, _, ��; k ��: New �i�ew�v Temp Grp,:. Co�y urouF? �_,4�d Licens�::�� re �� :.1:. �� .`�},�.:.:�. . . ____�_� 19005 PAPPY'S FISH & CHICI{EN INC PAPPY'S FISH & CHIC}{EN ;Alarm Permit (M1Jew} Active License � Licensee �� Property �` Licensee Street #: 462 Street Name: hIIVER5ITY Street Type: RVE Unit Ind: � City: T PAUL State: N Warci: � Dist Councii: I 3 Zip: 55104 �ON��E � Bond � Requiremerrts � Project Facilitator: Z.4NG5, LAVVRENCE (LARRY) � Adverse Action Commerrts License Group Comments: � OM 4f�Od9 To CAO for aduerse actio�. CAR 0/02l20Q9 Request for adverse action frnm EH based n inspections conducted an 07C29f2�09, 09N1 f2409, nd 09(28l20Q9. $525 matrix penafty 6ased on 1 crftical inor and 2 cr�ical mai9r yioi_akions.CAR Licensee: �'APPY'S FISH 8 CHICI{Ef� INC Licensee D6A: APPY'S FISH & CHICICEN Commerds: Sales Tax Id: 457872 Bus Phone: �65 755-4478 ' _icens�e "fype . G+�s� Lfte�iti+e Er;�air�tion .G ..�...�:�...__.._ . _ _ _ _._ ._ .., 41arm Permit (New) R 01 t20t20�9 ' 01 r2Dt201 d ._ _, .._ _ 2estaurar�t (2) -1-12 Seats ft ; �1 t2�tZ�09 ; 01 tZOf2�10 ; � T�tal:; Licerr�� # IU90dOd148 � Lia Types � �' Unofficial Directian: unit #: Insurance Changes to History N N $25.�� $460.Ot1' $46�.OG He�p Licensee DBA License Licensee � Lia Types � insurance � Bond � Requiremerds � Licensee Name: �� DBA: � Sales Tax Id: 3�4 AR Cardract Rec'd: �]G AA Fee Collected: �70 �ther Apencv Licenses �a�r "S FfSH � CHfCF[EN 1NC "S FISH 8 CHICI{EN 72 Non-Profit: � JVorker's Comp: Of00N000 7DDD AA Training ftec'd: 01U0100�0 ]QOd Discount Rec'd: � Namet inactiu�� 01 Background Check Required �` Lie�n�e # u!'U'�%JS�.. Pr�ecties... Financial Hold Reasons License�# Expirakion� Reason �,�ct'tve t�t� Las# Nar�e � Frs# tVame ALE}C 7itie Ci�rtt�c# Pr�p�ti��:.. `� 900d014S Save Changes ta History Maii License To: --- ��. �� * Mail To Corrtact (851) 7�5-447Si � s�" License Addres; ( ) - (651' — � Mail Invoice Ta: — ��% Mail To Co�tact „ j � License Addres; f�° .��: t_----____-__--__ �aiia�i Help 09-1378 CITY OF SAINT PAUL INTERDEPARTMENTALMEMORANDUM DATE: 10/02/09 TO: Christine Rozek FROM: Bill Gunther L,i��- RE: Pappy's Fish & Chicken 1462 University Ave W Inspection Number: 09 264743 Inspection Date: 09/28/09 REQUEST FOR LiCENSE ADVERSE ACTION The Environmental Health Division conducted a re-inspection of the facility at 1462 University Ave W on 09128l09 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: Location: PREP AREA - Violation 1 Severity: CRITICAL (Minor) Comply By: 08l28(09 Notice # 3 RECOMMENDED PENALTY: $125 Bulk food in open containers BULK BINS DO NOT HAVE TIGHT-FITTING COVERS. THEYARE COVERED WITH CARDBOARD. Store unused portions of opened food in a tightiy ctosed, approved, fabeled, food-grade bulk container. (MN 4626.0235) Location: COOKLINE AREA - Violation 2 Severity: CRITICAL (Major) Comply By: 08/28/09 Notice # 3 RECOMMENDED PENALTY: $200 Not providing or maintaining written procedures for using time only rather than time and temperature as a public health control. PRE-COOKED GHICKEN WINGS 75F NEXT TO Page 1 of 3 09-1378 THE FRYER When using time oniy, rather than time and temperature, as a public heaith control written procedures must be provided and maintained in the establishment to insure that:1. All potentially hazardous food is marked or otherwise identified with the time within which it must be cooked, served, or discarded;2. Potentially hazardous fiood is served or discarded within four hours from the time when it is removed from temperature control;3. Potentially hazardous food in unmarked containers or packages, or for which the time is expired is discarded;4. Potentially hazardous food is prepared, cooked and re4rigerated properly before time expires, when time is used as a pubfic hea{th control. (MN 4626.0410) MOHAMMAD STATED THAT THEY ARE USED WITHIN AN HOUR, BUT THERE IS NO WRITTEN PROCEDURE ON FILE WITH THIS OFFICE FOR HOLDING FOOD AT ROOM TEMPERATURE. Location: COOKLINE AREA - Violation 3 Severity: CRITICAL (Major) Comply By: 08l28(09 Notice # 3 RECOMMENDED PENALTY: $200 Handwashing lavatories are not accessible for use, convenient or of sufficient number. THE HANDWASHING SINK IN THE FRONT OF THE RESTAURANT IS ON THE WRONG SIDE OF THE FOOD PREP COOLER. Locate and install a handwashing lavatory to allow convenient use in the food preparation, food dispensing, warewashing areas and in toilet rooms. {MN 4626.1095) THE CURREN7 LAYOUT IS NOT THE LAYOUT THAT WAS APPROVED DURING THE PLAN REVIEW PROCESS. THE COOLER NEEDS TO BE MOVED SO THAT THE HANDWASHING SINK CAN BE REACHED BY THE COOK WITHOUT WALKING AROUND THE COOLER. The penaities listed above were based on the food code penalty guideline and the following mitigating or aggravating factors: Potential for harm or imminent threat to public health: Violation 1 has to do with protecting food from contamination. In this instance, we have cardboard used as a covering. The potential for contamination is present but not great. Violation 2, lmproper food temperatures are a leading cause of foodborne illness. in this case the operator claims that the food in question is used up in an hour but we need an approved procedure and the operator has not applied for a variance regardless of the fact that it was third notice Violation 3, dirty hands are responsible for the majority of foodborne illnesses. Here the handsink is essentially totally removed from the food preparation line. There is no way for someone to wash their hands without a significant walk. 2 of 3 09-1378 Extent of deviation from statutory or regulatory requirements: Violation 1 is not even close to acceptable and in fact may add to the potential for contamination. Violation 2 the temperature is way off and potentialiy a great problem unless the food is gone within three hours. There is no way that we can determine this since there is no approved procedure and no timeldate stamps. Violation 3 the handsink is not readily usable by workers on the food preparation line and therefore will not be used. Degree of willfulness or negiigence: All of the violations were noted on the last three consecutive inspections and they have made no attempt to address the issues. History of noncomQliance or compliance: Again, all of the three items have been called in the fast three inspections. Demonstration of good faith efforts to correct a violation: There have been no attempts that I am aware of to deal with any of the violations. As far as I can tell they will continue to ignore the violations cc: Bill Gunther Bob Kessier 3 of 3 09-1378 $AiNT PAUL � AAAA CfTY OF SAINT PAUL Chnstopher B. Coleman, Mayor OFFICE Ur Tf� CITY ATTORNEY John d Chor, CrtyAttamey Telephone: 657 266-8770 Facsimile: 657 298-5619 November 5, 2009 NOTICE OF VIOLATION Alex Aqel Pappy's Fish & Chicken 1462 University Avenue West St. Paul, MN 55104 Civif Division 400 City Hall 15 West Kellogg B/W. Saint Paul, Minnesota 55102 RE: Ail ]icenses held by Pappy's Fish & Chicken, Inc. dlbla Pappy's Fish & Chicken for the premises located at 1462 University Avenue West in Saint Paul License ID #20090000148 Deaz Mr. Aqel: The Department of Safety and Inspections (DSI) will recommend adverse acrion against all licenses held by Pappy's Fish & Chicken, Inc. d(b/a Pappy's Fish & Chicken for the premises located at 1462 University Avenue West in Saint Paul. The basis for the recommendation is as follows: On 3uly 29, 2009, the Department of Safety and Inspections (DSI) - Environmental Health Division conducted an inspectron of your establishment and cited you for two (2) CRITICAL-MAJOR violations: 1) Handwashing lavatories are not accessible for ase, convenient or of suf�cient number (the handw¢shing sink in the front of the restaur¢nt is on the wrong side of the food prep cooler) and 2) Not providing or maintaiaing written procedures for using time onty rather than time and temperature as a public health control (pre-cooked chicken wings 75° F next to tiee fryer). You were also cited with three (3) CRITICAL-MINOR vio{ations one of which was: Bulk food in open containers (open bag of sugar and bulk bins do not have tight-fUting covers, they are covered with c¢rdboard). On Ju1y 30, 2009, you were sent a Notice of New Critical Violations with regard to these violations and that they needed to be corrected. You were then informed that a re-inspection would take place on or after August 28, 2009. On September 1, 2009, the Environmental Health Division of D5I conducted a re-inspection and cited you for the same two (2) CRITICAL-MAJOR violations: 1) Handwashing lavatories are not accessible for use, convenient or of sufficient number (the handwashing sink in the front of the restaurant is on the wrong side of the food prep cooler) and 2) Not providing or maintaining written procedures for using time oniy rather than time and temperature as a public health control (pre-cooked chicken wings 75° F next to the fryer) and one (1) CRITICAL-MINOR violation: Bulk food in open containers (bulk bins do not have tight- fitting covers, they are covered with cardboard) that had not been correct by the August 28, 20�9, deadline. Affirmative Action Equal Opportunity Employer 09-1378 Pappy's Fish & Chicken November 5, 2009 Page 2 You were then sent a 2 Notice of Critical — Minor Violations based on the September 1, 2009 re-inspection. You were informed at that time another inspection would take place on or after September 16, 2009. On September 28, 2009, the Environmental Health Division of DSI conducted a second re-inspection and cited you for the same two (2) CRITICAL-MAJOR violations: 1) Handwaslung lavatories are not accessible for use, convenient or of sufficient number (the handwashing sink in the front of the restaurant is on the wrong side of the food prep cooler) and 2) Not providing or maintaiving written procedures for using time only rather than time and temperature as a public health control (pre-cooked chicken wings 75° F next to the fryer) and one (1) CRITICAL-MINOR viotation: Bulk food in open containers (buZk bins do not have tight-fitting covers, they are covesed with cardboard) and that had not been comected by the September 16, 2009 deadline. These are violations of Minnesota Administrative Rules nart 4626.0235: "Store unused portions of opened food in a tightly closed, approved, labeded, food-grade bulk container."; Minnesota Administra6ve Rules aart 4626.0410: "When using time only, rather than time and temperature, as a public health control written procedures must be provided and maintained in the establishment to insure that: I) a1l potentially hazardous food is marked or otherwise identified with the �ime within which it nzust be cooked, served or discarded; 2) potenlially hazardous food is served or discarded within four hours from the time when it is removed from temper¢ture control; 3) potentially hazardous food in unmarked containers or packages, or for which the tiine is expired is discarded; 4) potentially haZardous food is prepared, cooked and refrigerated properly before time expires, when tinze is used as a public health contro&" and Minnesota Administrative Rutes part 4626.1095: `°Locate and install a handwashiag lav¢tory to alZow convenient use in the food preparaxion, food dispensing, warewashing areas ¢nd in tailet rooms." As a result, per 5aint Paul L,egislative Code §310.05 (m) (9), the licensing office will recommend a $525.00 matrix penalty for the three (3) violations. At this time, you have three options on how to proceed: You can pay the recommended $525.00 matrix penalty. If this is your choice, please send the payment to the Department of Safety and Inspections (DSn at 375 Jackson Sueet, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, November 16, 2009. Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $525.00 matrix penalty will be considered a waiver of the hearing to which you are entitled. been correMed, the matter will then be qlaced on the Citv CounciPs Consent AEenda for susnension of your licenses. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, November 16, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the license suspensions and $525.00 matrix penalty. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. Affirmatrve Action Equal Opportunity Employer Pappy's Fish & Chicken November 5, 2009 Page 3 09-1378 If you dispute the above facts, you can request a hearing before an Administralive Law 3udge. At that hearing both you and the Ciry will be able to appeaz and present witnesses, evidence and cross-examine each other s witnesses. The St. Paul Ciry Council will ulfimately decide the case. If this is your choice, please advise me no later than Monday, November 16, 2009, and I wil] take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you are not contesting the license suspensions and 'unposition of the $525.00 matrix penalty. In that case, the matter will be placed on the City Council 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, , � r /'} nrc ' ' 'L� ✓ «.X�' Virginia �. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Bill Gunther, Environmental Health Manager Alex Aqe1, 4655 Pine Tree Curve, Eagan, MN 55122 Roger Bromander, Exec. Airector, Union Pazk District Council, 1570 Concordia Avenue, Ste. LL100 St. Paul, MN 55104 Affirmative Action Equal Oppottunity Employer STATE OF MINNESOT ^ � , ss. COUNTY OF RAMSEY } 09-1378 AFFIDAVIT OF S�.__ JICE BY U.S. MAIL Julie Kraus, being first duly swom, deposes and says that on the �� day of November, she served the attached NOTICE OF VIOLATION by placing a true and coirect copy thereof in an envelope addressed as follows: Alex Aqel Pappy's Fish & Chicken 1462 University Avenue West St. Paul, MN 55104 Alex Aqel 4655 Pine Tree Curve Eagan, MN 55122 Roger Bromander, Exec. Director Union Pazk DisYrict Council 1570 Concordia Avenue, Ste. LL100 St. Paul, MN 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. V�-�I�Y—� ��'W---/ Jul aus Subscribed and sworn to before me this 5�-day of November, 2004 �+i�kS ""� !' ` � rs Nota y Public RITA M. BOSSARD iqTARYPUBLIC • MINNESO7A MY COMMISSION EXPIRES JAN. 31, 2 0 1 0 .__ _� __ --•�._ .._�_ ..�__ ��,��,�.�� r .� 09-1378 � (7 4 -c.� � J� � � v�0.�L C'o�Ce.rvi f a J w � `� o �"�1 �� '�J�1v� e l 5 /� � Gi Cc � � r�� C � ; � "' � � S �� r�-�— . f v"� atG� r'f� i'� {-v �.r �{- r �� 1 f'v �a {-�'o n 5 � S S��C t� c� ��u�1�1ys (��s4 d� �'�« 1�� , �' �i� �.� �� I'/ `�� ,(G9K �J �!/ib�r�[ J 'f�-� 1✓fSJ��2��'fd�r v� t D� �( S yJ�.c'�c �D ! �J � a ,�,� ��.,, ;.� �� y� w�r�� C ( J ��S�� u-� �„� �iNCO�-� �� l t�r��ze S ��DS�� (( ��C� � A � � �� U �St �SS�I�(�v " ' �J�� fs �<� � ��r� ��,,. NOU-18-2009 12�09 6512075166 98: P.02 09-1378 I ��SQR 4626.0235 4626.0235 3-30211 PACKAGED AND [JNFACKAGED FOOD; SEPARATION, PACKAGING, AND SEGREGATION.* A. Food shail be protected from cross-contamination by: (1) separating raw animal foods during storage, preparation, holding, and display from: (a) raw ready-to-eat food including fish for sushi, molluscan shellfish, or other raw animal food, and vegetables; and (b) cooked ready-to-eat food; (2) except when combined as ingredients, separating types of raw animal foods from each other during storage, prepazation, holding, and display by: (a) one of the following: i. using separate equipment for each type of food; or ii. ananging each type of food in equipment so that cross-contamination of one type with another is prevented; and (b) preparing each type of food at different times or in separate areas; (3) cleaning equipment and utensils as specified in part 4626.0845, item A, and sanitizing as specified in part 4626.0905; (4) except as specified in item B, storing the food in packages, covered containers, or wrappings; (5) cleaning hermetically sealed contaaners of food of visible soil before opening; (6) protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened; (7) storing damaged, spoiled, or recalled food being held in the food establishment as specified in part 4626.1505; and (8) separating fruits and vegetables, before they are washed as specified in part 4626.0255, from ready-to-eat food. B. Item A, subitem (4), does not apply to: (1) whole, uncut, raw &uits and vegetables and nuts in the shell that require peeling or huliing before consumption; (2) primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks; Copyright �2009 by the Revisor of Statutes, State of Mmnesota. All Rights Reserved. 09-1378 z REVISOR 4626A235 (3) whole, uncut, processed meats including country hams and smoked or cured sausages that are placed on clean, sanitized racks; (4) food being cooled as specified in part 4626.0390, item B, subitem (2}; or (5) shellstock. Statntory Authority: MSs 37.101; 31.11,- 144.05,- 144.08; 144.12; 157.011 History: 23 SR 519 Posted: October 11, 2007 Copyright Cc''2009 by the Revisor of StaN[es, State of Minnesota. All Rights Reserved. 09-1378 REVISOR 4626.Q410 4626.0410 3-50119 TIME AS PUBLIC HEALTH CONTROL.* Subpart 1. Requirements. Time only, rather than time in conjunction with temperature, may be used as the 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, if: A. the food is marked or otherwise identified with tl�e time within which it shall be cooked,served, or discarded; B. when the food that is provided for service and consumption is removed from temperature control, the food: (1) is served or discarded within four hours; and (2) is not removed from time conirol and returned far 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 compliance with: (1) items A to C; and (2) part 4626.0385 for food that is prepared, cooked, and refrigerated before time is used as a public health control. Subp. 2. Notification. The food establishment must submit written notification to the regulatory authority of its intention to use the procedures provided under this part prior to implementing the provisions of this part. Statutory Aathority: MS s 31.101; 3111; 144.05; 144.08; 144.12; 157.011 History: 23 SR 519 Posted: Dctober 11, 2007 Copynght �2009 by the Revisor of Statutes, State oFMinnesota. All R3glits Reserved. 09-1378 t REVISOR 4626.1095 4626.1095 5-204.11 HANDWASAING LAVATORY.* A handwashing lavatory shali be located: A. to allow convenient use by employees in food preparation, food dispensing, and wazewashing areas; and B. in toilet rooms. Statutory Authority: MS s 31.1O1,- 31.11; 144.05; 144.08; 144.12, 157.011 I3istory: 23 SR 519 Posted: October II, 2007 Copyrig6t �2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Chapter 310. Uniform Licen °rocedures �f a�� "l 3 m} Presumptive penalties for certain violafions. The purpose of this section is to estabiish a standard by which the city council determines the amount of fines, the fength of license suspensions and the propriety of revocations, and shali appiy to afl license rypes, except that in the case of a violation involving a liquor license § 409.26 shali apply where a specific violation is listed. In the case of an adverse action filed for a violation of chapter 331A, the licensee shall be given a fine for each individual violation of § 331A. The total fine amount for violations of § 331A may exceed the maximum fine outlined below due to multiple violations in one (1) appearance. All penalty recommendations for chapter 331A violations shall be based on the food penalty guideline referred to +n chapter 331A. These penalties are presumed to be appropriate for every case; however the counci! 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 speciiy why the penalty selected was more appropriate. TABLE 4NSET: Appearance Type of Violation 1st 2nd 3rd 4th (1) Violations of conditions $500.00 fine $1,000.00 $2,000.00 fine Revocation placed on the ficense fine and 10-day suspension (2) Violation of provisions of $2,000.00 fine the legislative code relating �500.00 fine $1,000.00 and 10-day Revocation to the licensed activity fine suspension (3) Violation of provisions of the legislative code relating $2,000.00 fine to the licensed activity, $500.00 fine $1,000.00 and 10-day Revocation other than violations of the fine suspension food code (4) Failure to permit 5-day 10-day 15-day Revocation entrance or inspection by suspension suspension suspension QSI inspector or police (5) 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 (6) Commission of a felony on the premises by a $2,000.00 Revocation n/a n/a ticensee or employee (7) Death or great bodily 30-day 60-day harm in establishment suspension suspension Revocation n/a refated to violation of law or license conditions (8) Failure to pay license Revocation fees (9) Critical violations under $1,000.00, 5- Revocation 331A $250.00 $500.00 day suspension (10) Non-critical violation g�50.00 $250.00 $500.00 $1,000.00 under 331A (i) Fines payable withouf hearrng . bttu:/llibrarvl municode.com/44721DocView11 0061/1/3 1 8131 9?hilite=310 05_ 1 nJRl�nn9 Chapter 310. Uniform Licen� °rocedures !' _. : . A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appearance before the council may elect to pay the fine to the Department of Safety and Inspections without a council hearing, unless the notice of violation has i�dicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine wilf 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. B. For adverse action initiated under Chapier 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 recomme�ded 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 entitled, and witl be considered an "appearance" for the purpose of determining presumptive penafties for subsequent violations. A non-critical violation under chapter 331A shali not be considered an "appearance" for 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 violafions. At a licensee's first appearance before the city council, the council shall consider and act upon all the viofations that have been alieged 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" co(umn in paragraph (b) above. The occurrence of multiple violatio�s shal! be grounds for departure from such penalties in the council's discretion. (iii) Violations occurring after the date of the notice of hearing. Violations 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 befcre the council in an uncontested facts hearing) may be added to the notice(s) by stipufation if the licensee admits to the facts, and shail 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 shall 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 {icensee, the council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, non-critical vioiations of Chapter 331A shall not be counted as an "appearance" before the Council 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 violation in paragraph (m) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a vialation listed in paragraph (m) above or section 409.26, the current appearance sha!! be treated as a second appearance for the purpose of determining the presumptive penalty. (2) lf a licensee has appeared before the council on two (2) previous occasions httn:/llibrarvl.municode.coml4472lDocViewJ1 006111 13 1 813 19?hilite=3l0 05_ 10IR12009 Chapter 310. Uniform Licen� °rocedures l.:. � - : for vio{ations listed in paragraph (m) or section 409.26, and if said licensee again appears before the councif for a violation listed in paragraph (m), and if the current violation occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance befiore the council, then the current appearance shafl be treated as a third appearance for the purpose of determining presumptive penalty. (3} ff a licensee has appeared before the council on three (3) previous occasions, each for violations listed in paragraph (m) or section 409.26, a�d if said licensee again appears before the council for a violation contained in paragraph (m), and if the current violation occurred within twenty-four (24) cafendar months of the violation that gave rise to the first appearance, then the current appearance shall 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 shafi be treated as a first appearance. In case of multiple 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 the violation last 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 estabiishment 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 also regarding a death or great bodily harm in a licensed establishment. 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, 5-31-95; C.F. No. 05-180, § 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; GF. No. 07- 1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08) http:Jllibraryl.municode.com/4472JDocView110061l1l318/319?hilita=310 O5; 1018f2009