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09-147Amended 2/04/2009 CITY OF Presented by WHEREAS, adverse action was taken against the Restaurant (3) 13-50 Seats license held by Aroma's Pizza Corp., d/b/a Aroma's Pizza (License ID #0099585) for the premises located at 350 St. Peter Street in Saint Paul, by Notice of Violation dated December 22, 2008, alleging licensee was cited for two (2) Critical-Minor Environxnental Health Code violations during a re-inspection on December 3, 2008 which had not been corrected by the November 14, 2008 deadline in violation of Minnesota Administrative Rules parts 4626.0845 and 4626.1565; and 8 WHEREAS, per Saint Paul Legislative Code §310.05 (m) (8), the licensing office recommended a 9$375.00 matrix penalty and suspension of the Restaurant (3) 13-50 Seats license until the violations are 10 corrected; and 11 12 WHEREAS, the licensee did respond to the Notice of Violation to request a heazing which was 13 held on Februazy 4, 2009; now, therefore, be it 14 15 RESOLVED, that the Restaurant (3) 13-50 Seats license held Aroma's Pizza Corp., dlb/a Aroma's 16 Pizza is hereby suspended until the two (2) Critical-Minor violations cited during the December 3, 2008 re- 17 inspection aze corrected. The licensee is also ordered to pay a matrix penalty of $375.00. Payment of such 18 penalty shall be made within thiriy days of the date of the adoption of this resolution. ** 19 20 This resolution, and action taken above, is based upon facts contained in the December 22, 2008, 21 Notice of Violation sent to the licensee and the arguments made at the public hearing on February 4, 2d09. ** One-half of the $375 penalt is sta ed pendin� the result of a follow-up inspection ✓ Requested by Department of: 4��.1 B C'{,�..�� t� r�'� � � Adopted by Council: Date a��G� Adoption Certified by Courycil Secretary By: ! � Approved ay Date � 2 BY� Z Council File # O y-/y 7 Green Sheet # ,'� n (pS'],� Ip RESOLUTION PAUL, MINNESOTA � o�- Form A roved by City Attorney B � �`�� Form A rove b May r or Sub is on Council By: � 09-iY� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmenUOffice/Council: i Date Initiated: i S � _Dept.ofSafety&Inspections � o ,_,,,� 1 - 09 � Gr Sheet NO: 3065736 , �� . _ . ._-- . . ._ _ . . . , Contad Person & Phone: Rachel Tiemev 266-8710 Must Be on Council Agenda by (Dal 04-FEB-09 �Pw41�IL U Doc. Type: RESOLUTION E-Document Required: Y Document Contact: �ulie Kraus � ' 0 � i ASSign �` Number I Z For j 4 Routing � OrcJer i 5 � � Contact Phone: 266-8776 � i Total # of Signature Pages _(Ciip All Locations for Signature) Approval of the attached resolution to take adverse acrion against the Restaurant (3) 13-50 Seats license held by Aroma's Pizza Coip., d/b/a Aroma's Pizza (License ID#0099585) for the premises located at 350 St. Peter Street in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CB Committee Givil Se[vice Gommission Personal Service Contracfs Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was cited for two (2) Critical-Minor Environmental Hea7th Code violations dunng a re-inspection on December 3, 2008 which had not conected by the November 14, 2008 deadline. After norification, the licensee sequested a public hearing. Ativantages If Approved: Imposirion of $375.00 matrix penalty and license suspension. Disadvantages If Approved: None. Disadvantages If Not Approved: Total Amount of Srensaction: Funding Source: Financial Information: (Explainj January 7, 2009 9:58 AM CosURevenue Budgeted: Activity Number: Page 1 C54- /5/� OFFICE OF THE CITY ATTORNEY John Choi, City Attomey SA[Ni PAUL CITY OF SAINT PAUL CivilDivision � ChristopherB.Coleman,Mayor 400CityHall Telephone: 651266-8770 l5 West Kellogg B/vd. Facsimile 651 298-5619 AAIIR Saint Paul, Minnesoha SS102 January 7, 2009 NOTICE OF COUNCIL HEARING Rick Berdahl Aroma's Pizza 350 St. Peter Street St. Paul, MN 55102 RE: Restaurant (3) 13-50 Seats license held by Aroma's Pizza Corp. d/b/a Aroma's Pizza for the premises located at 35Q St. Peter Street in Saint Paul LicenseID #0099585 Dear Mr. Berdahl: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, February 4, 2009, at 5:30 p.m., in the CiTy Council Chambers, 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 for their consideration. This is an uncontested matter concerning the fact that on December 3, 2008, you were cited for two (2) Critical-Minor Environmental Health Code violations during a r�inspection that had not been corrected by the November 14, 2008 deadline. This matter has been placed on the public heazing agenda portion of the City Council meeting during which public discussion is allowed. Per Saint Paul Legislative Code §310.05 (m) (8), Yhe Iicensing office will recommend a$375.00 matrix penalty and suspension of your Restaurant (3) 13-50 Seats license. If there is anv information vou would like Citv Council to review arior to the oublic hearine I will need to receive it no later than Mondav. Januarv 26, 2009. Very truly yours, '�T�"� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI y1GIary Erickson, Council Secretary Bill Gunther, Environmental Health Manager Tohn Schachterle, Director, CapitalKiver Council District #17, 332 Minnesota Street Suite W122, St. Paul, Mi� 55101 AA-ADA-EEO Employer STATE OF MINNESOTA) 09- iy� ) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the 7�' day of January, she served the attached NOTICE OF COITNCIL HEARING by placing a true and correct copy thereof in an envelope addressed as follows: Rick Berdahl Aroma's Pizza 350 St. Peter Street St. Paul, MN 55102 John Schachterle, Director CapitalRiver Council District #17 332 Minnesota Street, Suite W 122 St. Paul, MN 55101 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � � l _ � 1� � Juli aus Subscribed and sworn to before me this 7�' day of January, 2009 %�� /�� Notary Public R{TA M. 80SSARD ; , N�TARYPUBLIC.MWPIESOTA �- `� MYCOMMlSSION : �%-�..v.;' EXPIRES )AN 3• ., i , . -,. , s� , .o�-�....p. e ,.. _ . . 05- iy"� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Aroma's Pizza 350 St. Peter Street St. Paul, MN 55102 Wednesday, February 4, 2009 @ 5:30 p.m. Violation: Licensee was cited for two (2) Critical-Minor Environmental Health Code violations during a December 3, 2008 re-inspection that had not been corrected by the November 14, 2008 deadline. Date of Violation: December 3, 2008 Recommendation of Assistant City Attorney on behalf of client, Department of Safety and Inspections: $375.00 matrix penalty and suspension of Restaurant (3)13-50 Seats license until all violations are corrected. Attachments: 1. 2. 3. 4. 5. 6. 7. 9. Proposed resolution Copies of ECLIPS screens dated 12/17/08 Request for License Adverse Action dated 12/12/08 Notice of Violation with Affidavit of Service dated 12/22/08 Letter from licensee requesting a public hearing dated 1/2/09 Minnesota Administrative Rules part 4626.0845 Minnesota Administrative Rules part 4626. 1565 Saint Paul I.Qgislative Code §310.05(m)(8) ay-�y� License Group Commenfs Teut Licensee: pROMA'S PIZZP, CORP DBA: AROMA'S PIZZQ License #: 0�99585 12/17/2008 '12117l20�8 To CAO 4or adverse action. CAR �2/12/2008 Request for adverse action from EH based on inspections conducted on 09/1 �, �0/30, and 12/03l2008. Two crfical minorviolafions, 5375 matnx penalty is rewmmended. CAR 04/25/20D6 Met with owner on site re delinq. acct. PF 09-/�!� Address Licensee ��orhact � License � Cardholder j � Licensee Name: DBA: Sales Tax Id: 3 }4ROMA'S PIZZA CORP AROMA'S PIZZA 9 � Find Now ! � dK j i � Cancel ' , New Search ; � Help ; i i � 7 ; New Temp Grp,.. Copy Graup.�� Add License... Properties... R� Licensee Name � DBA I License Tvai AROMA'S PIZZA CORP AROMA'S PIZZA Restaurar� (87 - more than 12 : Canceled 10C311 o �- �y� 1P,ROMA'S PIIZA CORP ROMA'S PIZZA , License � Licensee ) Lic. Types Insurance � . " Property �' Licensee � Unofficial � Street #: �SD 5treet Name: �T PETER �� Street Type: j ST Direction: ; � Unit Ind: �� Unit #: j City: T PA � State: �iriN Zip: � 55102 1 Ward: �2� Browse , ; Dist Council: 17 ; Bond ; Requiremerds i Project Facildator: ASUNCION, CORINNE � Adverse Action Comments �10f31 f20�8 CF #07-967 - Change in hcense type from �estaurant-B to Restaurard-3. LA6 E „ License Group Comments: 2M 7l2d08 To CAO for ad�erse action. CAR 2M 2t200S Request for adverse action from EH based n inspections conducted on 09M 1,10t3�, and 2/03t2008. Two critical minor �iolations, $3i 5 rnatrix enatty is recommended. CAR Licensee: RdMA'S PIZZA COftP Licensee j u DBA: ROMA'S PIZZA Comments: � � Sales Tax Id: �2912� 237 6us Phone` 651) 2J3-904� � ; License Typa Rsstaurarh (3) -13-54 Seats RestaurarR (B) - more thran 12 seats Class Effe�tive R R 41 A76l2009 01 N612009 01 A76J1997 01 N6t2009 T�otal: � I J Conditions License Fee N $0.40 N $575.00 '�575.0� Licen�e =_ �99555 Save Changes to History #� OK Cancel � Help O 9- /5�� i � � � i � Pa}* ( pmat ; � }}isi � Summ � — -� License Licensee Name: dBA: Licensee ftOMA'S PIZZR CORP DBA ROMA'S PIZZR Licensee i Lia Types � Insurance � Bond � Requiremer7ts 3 . i �AROMA'S PIZZA CORP �.ROMA'S PIZZA �912237 Non-Profit: {� �Norker's Comp: 1 �0172009 p0100+��00 AA Training Rec'd: �70ro0N0�� ON0�17000 Discourn Rec'd: ; Sales Tax Id: RA Cor�tract Rec'd: R,� Fee Collected: Properties... Other Agency Licenses Financial Hold Reasons 'Other Licensing Agency Name I License Type LiGense # Expiration j Reasan Active Date � i i � for ,4ddr. Ty+pe Active � Inactive Last Name _ _ - --- . . _ . - - - � BusinesslM �O�U0J0000 OOlO�N�Oi Other OON0 /040 0 0 0 /00lOOOiBERDRHL Crther OONONOOOO�NOAJQOiBERDAHL K �, � ; Background Check Required �✓ Li��n,e � ' First Name Title RICHARD MANAGER MYRON Corrtact Praperties... � SaWe Chanyes to History - �-Mail License To: Bus. PhanE �, Mail To Corrtac (651) 293-9C? t" License Addre f t _ �..______�_�__.. - Mail Invoice To. - i ) - � Mail To Cordac � £ License Addre - -- - -- Cancel ; Help a 9 - i� "� $;� i i�� Licensee ROMA'S PfZZA CORP Pay ; PriM j - � F6sk � Summ ; -- ? 1 i DBR AROMA'S PIiZA License Licensee Lic. Types ; Insurance Bond i Requirements � r i License Type: ; Restaurant (3) -13-5� Sea ±� � i License Class: R � Effective: �01106C1�49 Expiration:'p1N8C2009 � j Status: �. ctive Apply DiscouM: � Remnve Discourrt: ; DiscourR ftec'd: � `� Status Changed: i f 0331 �1�08 � RP.LIIACP. FP.P.' } # of Units i' 1 �� Applicatio D �I 0l31 f200$ Name ,DAVE Name Trade � 1 �` - Phone # n Add [651)266-9�83 --- Remove (651) 228-6238 '+* Card # I Card Add Masi Remov_e Tag #: j�� 0 CNIIlIN Fields License Type Commerrts(l �. �. �` _ ;# of Se�ts �p0 � - � � � New ' ' " � � 1 of 2 » Li�cense � 9555 Save Changes ta History Cancel � Help o y- i�� CITY OF SAINT PAUL INTERDEPARTMENTALMEMORANDUM DATE: 12/12/08 TO: Christine Rozek FROM: Bill Gunther ti��'� RE: Aroma's Pizza 350 St Peter St Inspection Number: 08 187912 inspection Date: 12/03/08 REQUEST FOR LICENSE ADVERSE ACTION The Environmental Health Division conducted a re-inspection of the facility at 350 St Peter St on 12/03/08 and is recommending license adverse action (Section 331A.11 of the Saint Paul Legislative Code). The food code violations listed below were noted as being uncorrected during the inspection. A copy of the full inspection report is attached. The following penalties are being recommended: Location: KITCHEN - Violatian 1 Severity: CRITICAL (Minor) Comply By: 10/10/08 Notice # 3 RECOMMENDED PENALTY: $125 Food contact surFaces are soiled. UTENSILS/SILVERWARES IN DRAWER. Clean and sanifize food contact surfaces of equipment and utensils at any time during the operation when contamination may have occurred. (MN 4626.OS45) Location: KITCHEN - Violation 2 Severity: CRITICAL (Minor) RECOMMENDED PENALTY: $250 Comply By: 10/10/08 Notice # 3 There is evidence of insects, rodents, or other pests on the premises. COCKROACHES ARE ALL OVER THE PLACE INCLUDING UNDER THE COUNTER WHERE THE HOLDING HOT PLATE, FLOOR BEHIND THE SANDWICH PREP AREA AND IN THE Page 1 of 2 0 9- i�l 7 BACKROOM BY THE 3-COMPARTMENT SINK. Exterminate cockroaches from fhe food facifify. (MN 4626.1565) it is recommended that the services of a licensed pest control operator be obtained for the control of insects, rodents, and other pests. AND HAVE THE PCO VISITED ONCE A WEEK FOR AT LEAST A MONTH. The penalties listed above were based on the food code penalty guideline and the following mitigating or aggravating factors: Potential for harm or imminent threat to pub{ic hea{th: Dirty utensils and the presence of live cockroaches in the kitchen area are both a cleanliness issue as well as a potential contamination source. Extent of deviation from statutory or regulatory requirements: The establishment is significantly infested with cockroaches and there has been no significant improvement. History of noncompliance or compliance: The cockroach situation has come up before and it seems as if the licensee has just become lax in with their pest contro4. Demonstration of good faith efforts to correct a violation: The dirty utensil situation is easy to remedy and that it has continued shows that they really don't take us seriously. cc: Bill Gunther Bob Kessler 2 of 2 os- ��r� OFFICE OF THE CITY ATTORNEY John J. Choi, CiryAttomey SA(NT PAUL � AAAA CITY OF SAINT PAUL Chvistopher B. Coleman, Mayor December 22, 2008 OwnerlManager Aroma's Pi��a 350 St. Peter Street St. Paul, MN 55102 RE: Restaurant (3) 13-50 Seats license held by Aroma's Pizza Corp. d/b/a Aroma's Pizza for the premises located at 350 St. Peter Street in Saint Paul License ID #0099585 Dear Sir/Madam: The Departrnent of Safety and Inspections (DSI) will recommend adverse action against the Restaurant (3) 13-50 Seats Iicense held by Aroma's Pizza Corp. d/b/a Aroma's Pizza for the premises located at 350 St. Peter Street in Saint Paul. The basis for the recommendation is as follows: On September 10, 2008, the Department of Safety and Inspections (DSn - Environmental Health Division conducted an inspection of your establishment aad cited you for one (1) CRTTICAL — Major viola6on and two (2) CRITICAL — Minor violations which included: 1) food contact surFaces are soiled (utensils/sifverware in the drawer) and 2) there is evidence of insects, rodents or other pests on the premises (coekroaches under the counter,floor behind the sandwich prep area and in the backroom by the 3-companment sink). On September 12, 2008, DSI sent you a Notice of New Critical Violations ►etter listing the violations from the September 10, 2008, inspection and stating that they needed to be corrected. You were then informed that a re-inspection would take place on or after October 10, 2008. Civil Division 400 City Hall 75 West Kellogg Blvd. Saint Pau( Minnesota SS102 NOTICE OF VIOLATION Tele phone. 651 26687 f 0 Facsimde: 657 298-5619 On October 30, 2008, the Environmental Health Division conducted a re-inspecfion and cited you for same CRTI'ICAL— Major and two (2) CRITICAL—Minor violafions which had not been corrected by the October 10, 2008 deadline: 1) food contact surfaces are soiled (utensils/silverware in the drawer) and 2) there is evidence of insects, rodents or other pests on the premises (cockroaches under the counter, floor behind the sandwich prep area and in the backroom by the 3-compartment sink). o9-iy� Aroma's Pizza December 22, 2008 Page 2 You were sent a 2° Norice of Critical-Minor Violations lisfing the same two (2) Critical —Minor viotations and informing you a re-inspection would take place on or after November 14, 2008. On December 3, 2008 the Environmental Health Division conducted a second re-inspection and you were again cited for t6e same two (2) Critical-Minor violafions that had not been corrected by the November 14, 2008 deadline: 1) there is evidence of insects, rodents or ot6er pests on the premises (cockroaches under 1he counter, Jloor behind the sandwich prep area and in the backroom by the 3-compartment sink) and 2) food contact surfaces are soiled (utensils/silverware in the drawer). These are violations of both Minnesota Administrative Rules part 4626.0845: `°Clean and sanitiZe food contact surjaces of equipment and utensils at any time during the operation when contamination may have occurred" and Minnesota Administrative Rules part 4626.1565 "Exterminate cockroaches from the food facility. It is recommended that the services of a licensed pesi control operator be obtained for the control of insects, rndents and other pests. " As per Saint Paul Legislative Code §310.05 (m) (8), tbe licensing office will recommend a$375.00 matrix penalty for both violations and suspension of your Restaurant (3) 13-50 Seats license until the violations have been corrected. At this time, you have three options on how to proceed: You can correct the violations and pay the recommended $375.00 matrix penalTy. If this is your choice, please send the payment to the Department of Safety and Inspeetions (DSI) at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Friday, January 2, 2009. Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $375.00 matrix penalty and correction of the violations will be considered a waiver of the hearing to which you aze entitled. You will also need to contact Fone Lor, Environmental Health Soecialist at (651) 266-9098 to schedule an insuection to verifv that the violations have been corrected if the violations have not been corrected, the matter will then be olaced on the Council's Consent Aeenda for susaension of vour Restaurant (31 13-50 Seat license. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul Ciry Council, you will need to send me a letter with a statement admitting the facts and requesting a public heazing. We will need to receive your letter by Friday, January 2, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the $375.00 matrix penalty and license suspension. You will have an opportunity to appear before the Council and make a statement on your own behalf. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present wimesses, evidence and cross- examine each other's witnesses. The St. Paul Ciry Council will ultimately decide the case. If this is your choice, please advise me no later than Friday, Januaty 2, 2009, and I will take the necessary steps to schedule the adminisfrative heazing. 04-/y� Aroma's Pizza December 22, 2008 Page 3 If you have not contacted me by that date, I will assume that you are not contesting the imposition of the $375.00 matrix penalty and suspension of your Restaurant (3) 13-SO license. In fhat 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 fee] free to contact me at 266-8710. Sincerely, �� Rachel Tierney Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Bill Gunther, Environraental Health Manager Myron Clair Berdahl, 533 North 8`�' Street, Bayport, MN 55003-1144 John Schachterle, Director, CapitalRiver Council District #17, 332 Minnesota Street Suite W122, St. Paul, MN 55101 STATE OF MINNESOT ^� ° y "� y � � ss. AFFIDAVIT OF S� �ICE BY U.S. MAIL COLTNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the 22 day of December, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager Aroma's Pizza 350 St. Peter Street St. Paul, MN 55102 Myron Clair Berdahl 533 North 8�' Street Bayport, MN 55003-1144 John Schachterle, Director CapitalRiver Council District #17 332 Minnesota Street, Suite W 122 St. Paul, MN 55101 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � li , ;; ti�� JulYe Kraus Subscribed and sworn to before me this 22" day of December, 2008 �� % ��--� Notazy Public RITA M BOSSARD NpTARY PUBLIC- MINPESOTA �. . . MY COMMISStON `��'.rw.� IXPIRES JAN 31, 20 7 0 �o- .pd�s.�.`.-v.m.�+r��-�e o s- �y � -- Office of The City Attomey, Civil Division 400 City Hall 15 West Kellogg Bivd. Saint Paul, MN 55102 Dear Rachel Tierney, Assistant City Attorney In Regards to the Notice of Violations Concerning Aroma's Pizza I wish to admit to the violations with exemption that the record does not reflect efforts and improvements that have been made. Nor does it reflect the difficulty fn maintaining a business in a near 100 year oid building that has been under continuous construction projects for the last 4 years. That being said. there is enough in the complaint that I can not dispute. But wish to contest the penalty. I will prepare a statement for a City council hearing. ' Sincerely, , � �, � � Rick Berdahl, L^ ' `.�=/ v Aromas Pizza �rp. � 350 Saint Peter St. Saint Paul, Mn 55102 651-293-9040 `„�'�.°' °�'�vE� �� G � �� „ , z -� �: ,,,�` ; `: r` '�626.0845 Minnesota Rule Mi Administrative Rules Page 1 of 2 D��t� 4626.0845 4-602.11 EQUIPMENT, FOOD-CONTACT SiJRFACES, AND UTENSILS.x A. Equipment food-contact surfaces and utensils shall be cleaned: (1) except as specified in item B, before each use with a different type of raw anim� Po��S'; (2) each time there is a change from working with raw foods to working with ready (3) between uses with raw fruits or vegetables and with potentially hazardous food; (4) before using or storing a food temperature measuring device; and (5) at any time during the operation when contamination may have occurred. B. Item A, subitem (1}, does not apply if raw animal foods that require cooking tempera subitem (3), are prepazed after foods that require cooking temperatures specified in part 4626.0341 C. Except as specified in item D, if used with potentially hazardous food, equipment foo cleaned throughout the day at least once every four hours. D. Surfaces of utensils and equipment contacting potentially hazazdous food may be clet hours if: (1) in storage, containers of potentially hazardous food and their contents are maint 4626.0130 to 4626.0420 and the containers are cleaned when they are empty; (2) utensils and equipment aze used to prepare food in a refrigerated room that maii preparafion at temperatures specified in parts 4626.0130 to 4626.0420 and the utensils and equipn (3) containers in salad bazs, delis, cafeteria lines, and other serving situations that h that is maintained at the temperatures specified in parts 4626.0130 to 4626.0420 aze intermittently same food that is at the required temperature and are cleaned at least once every 24 hours; (4) temperature measuring devices are maintained in contact with foods that are he] to 4626.0420; or (5) equipment is used for storage of packaged or unpackaged food, including a reac at a frequency necessary to preclude accumulation of soil residues; or (6) the cleaning schedule is approved based on consideration of: (a) characteristics of the equipment and its use; (b) the type of food involved; (c) the unount of food residue accumulation; and (d) the temperature at which the food is maintained during the operation and tl multiplication of pathogenic or to�genic microorganisms that are capable of causing foodborne d� E. Except when dry cleaning methods are used as specified in part 4626.0860, surfaces c is not potentially hazardous sha11 be cleaned: (1) at any time when contamination may have occutred; (2) at least once every 24 hours for iced tea dispensers and tongs, scoops, ladles, or (3) before restocking condiment dispensers, display containers, and other consumei https://wwwxevisorleg.state.mn.us/rules/?id=4626.0845 12/19/2008 4626.0845 Minnesota Rule 6y-iy� Page 2 of 2 (4} for ice bins, beverage dispensing nozzles, and the enclosed components of ice n coffee bean grinders, and water vending equipment: (a) at a frequency specified by the manufacturer; or (b) absent manufacriuer specifications, at a frequency necessary to preclude ac Statutory Authority: MS s 31101; 31.1 I; 144.05, 144.08; 144.12; 157.011 History: 23 SR 519 Posted: October 11, 2007 https:Jlwww.revisor.legstate.mn.us/rules/?id=4626.0845 12/19/2008 46261565 Minnesota Rule Minnesota Administrative Rules 4626.1565 6-501.111 CONTROLLING PESTS.* 0 5-iy� Page 1 of 1 The presence of insects, rodents, and other pests shall be controlled to minimize their presenc A. rourinely inspecting incoming shipments of food and supplies; B. routinely inspecting the premises for evidence of pests; C. if pests are found, using trapping devices or other means of pest control specified in F m D. eliminating harborage conditions N Statutory Authority: MSs 31.101; 31.11; 144.05; 144.08; 144.12; 157All History: 23 SR 519 Posted: October 11, 2007 Chapter 310. Uniform License Procedures Sec. 310.05. Hearis►g procedures. oy-�� Page 1 of 5 (a) Adverse action; notice and hearing requirements. In any case where the council may or intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a �icense, or the deniai of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant or licensee shall be given notice and an opportunity to be heard as provided herein. The council may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department established pursuant to Chapter 9 ofi the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or will be considered by the council, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before actio� is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or grounds upon which the adverse action may be sought or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attorney. (c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts establishing mitigating or aggravati�g circumstances, the hearing shall be held before the councii. Otherwise the hearing shall be conducted before a hearing examiner appointed by the council or retained by contract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and argument as well as meet adverse testimony or evidence by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or otherwise participate in such hearing. (c-1) Procedure; heanng examiner. The hearing examiner shall hear ail evidence as may be presented on behalf of the city and the applicant or licensee, and shall present to the council written findings of fact and conclusions of law, together with a recommendation for adverse action. The council shall consider the evidence contained in the record, the hearing examiner's recommended findings of fact and conclusions, and shall not consider any factual testimony not previously submitted to and considered by the hearing examiner. After receipt of the hearing examiner's findings, conc(usions, and recommendations, the council shalf provide the applicant or licensee an opportunity to present oral or written arguments alleging error on the part of the examiner in the application of the law or interpretation of the facts, and to present argument related to the recommended adverse action. Upon conciusion of that hearing, and after considering the record, the examiner's findings and recommendations, together with such additional arguments presented at the hearing, the council shall determine what, if any, adverse action shafi be taken, which action shali be by resolution. The counci� may accept, reject or modify the findings, conclusions and recommendations of the hearing examiner. (c-2) Ex-parte contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons invoived in the matter unless such discussion occurs on the record during the hearings of the matter or during the council's finai deliberations of the matter. No interested person shall, with knowiedge that a license maiter has been scheduled for adverse hearing, convey or attempt to convey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staff until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communications regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose ofi this paragraph, shall mean and include a person who is an http://librarv4.municode.com/4472/DocView/1 006 1 /1 /3 1 7/3 1R7hilite=31005� 1/�/7nn9 Chapter 310. Uniform License Procedures 04-/�� Page 2 of 5 o�cer or employee of the ticensee which is the subject of the schedufed adverse hearing, or a person who has a financiai interest in such licensee. (d) Licensee or applicant may be rep�esented. The licensee or applicant may represent himself or choose to be represented by another. (e) Record,' evidence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and exhibits, and shail receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. (fl Council action, resolution to contain frndings. Where the council takes adverse action with respect to a license, licensee or applicant for a license, the resolution by which such action is taken shaff contain its findings and determination, incfuding ihe imposition of conditions, if any. The council may adopt all or part of the findings, conclusions and recommendations of the hearing examiner, and incorporate the same in its resolution taking the adverse action. (g) Additional procedures where required. Where the provisions of any statute or ordinance require additional notice or hearing procedures, such provisions shall be complied with and shall supersede inconsistent provisions of these chapters. This shal{ include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A.415. (h) Discretion to hear notwithstanding withdrawal o� sur�ender of application or license. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocation or denial of a license, notwithstanding that the appiicant or licensee has attempted or purported to withdraw or surrender said license or application, if the attempted withdrawal or surrender took place after the applicant or licensee had been notified of the hearing and potential adverse action. (i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a license or other disciplinary action involving a license has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license applicant, an interested person or an attorney representing the foregoing, upon a showing of good cause by the party making the request. Q) If the council imposes an adverse action as defined in section 310.01 above, a generic notice of such action shali be prepared by the license inspector and posted by the licensee so as to be visible to the public during the effective period of the adverse action. The licensee shall be responsible for taking reasonable steps to make sure the notice remains posted on the front door of the ficensed premises, and failure to take such reasonable precautions may be grounds for further adverse action. (k) lmposition of costs. The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was fsivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of the violation was serious, or involved violence or the threat of violence by the licensee or employees thereof, or involved the sale of drugs by the licensee or empfoyees thereof, and/or the circumstances under which the violation occurred were aggravated and serious; (iii) the violation created a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable risk of harm to vulnerable persons, or to persons for whose safety the licensee or applicant is or was responsibie; (v) the applicant or licensee was sufficiently in control of the situation and therefore cou�d have reasonably avoided the violation, such as but not limited to, the nonpayment of a required fee or the failure to renew Chapter 310. Uniform License Procedures os-�� Page 3 of 5 required insurance policies; (vi) the vioiaiion 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 irnes. 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 reasonable and appropriate, having in mind the regulatory and enforcement purposes embodied in the particular {icensing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discretion of the council. To the extent any other provision of the Legislative Code provides for the imposition of a fine, both provisions shall be read together to the extent possible; provided, however, that in the case of any conflict or inconsistency, the other provision shall be controlling. (m} Presumptive penalfies for ceRain 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 all license types, except that in the case of a vioiation involving a liquor license § 409.26 shall apply where a specific violation is listed. These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shail provide written reasons that specify why the penalty selected was more appropriate. TABLE INSET: Appearance Type of Violation 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 iicensed 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, �� 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 empioyee (6) Death or great bodily 30-day 60-day harm in establishment suspension suspension Revocation n/a related to viofation of law or license conditions (7) Failure to pay license Revocation fees http://library4.municode.com/4472/DocView/1 006 1/1/3 1 7/3 1 8?hilite=310 O5: 1 /6/2009 Chapter 310. Uniform License Procedures (8) Critical violations under $1,000.00, 5- 331A $250.00 $50�.00 day (9) Non-criticai violation $ry50.00 1 $25D.00 under 331A � {i} Fines payable wifhout hearing . $500.00 6 �l - �5�� Page 4 of 5 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 council may elect to pay the fine to the Department of Safety and Inspections without a council hearing, unless the notice of vio(ation has indicated that a heari�g 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 entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. A non-critical violation under chapter 331A shall 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 violations. At a licensee's first appearance before the city councif, the council shall consider and act upon ail the vioiations that have been alleged and/or 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 viofation under the "1st Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penaities 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 before the councii in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the "1st Appearance." fn afl 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 4ourth appearance before the council by a particular licensee, 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 violations 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. Chapter 310. Uniform License Procedures {v) Computafion of time. o s- �� Page 5 of 5 - (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 violation listed in paragraph (m) above, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) if a licensee has appeared before the council on two (2) previous occasions for violations listed in paragraph (m), and if said licensee again appears before the council 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 before the council, then the current appearance shall be treated as a third appearance for the purpose of determining presumptive penalty. (3) If a licensee has appeared before the council on three (3) previous occasions, each for violations listed in paragraph (m), and if said licensee again appears before the council for a violation contained in paragraph (m), and if the current violation occurred within twenty-four (24) calendar 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 shali be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether twefve (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 estabfishment that is related to a violatian of the law or license conditions sha�l 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 shail 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, A-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; GF. 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; C.F. No. 07- 1053, § 1, 11-28-07) http://librarv4.municode.com/4472/DocView(1�06111(317/31 R?hilite='i 1(1 ll5 • t r�r�nn4 Talking Points - City Councii hearing Aroma's Pizza Corp. Heaith Dept. Violations �� /�� Dear Gouncii Members, In the 12 years i have owned and opera#ed Aroma's Pizza there has been no lax in our cleaning procedures that would create a health risk. If any thing they have improved. There was never any problem with roach infestation till some 4 years ago. The beginning of renovation ofi this near century old building. created an instant prcblem. E�ctermination services were used. Now I beiieve the Same thing is happening again. with the work being done in the Hotel, the Annex and still work being done in the Lowry. Again we have started extermination services. I am trying to balance the need of extermination sesvices with exposure to pesticides. Pesticides that the roaches develop immunity too, requiring more potent chemical to be used in the future. The Exterminator noted that he did not find any nesting of roaches +n the space. Concluding that they are coming from ather parts of the building(s). I have taken add'+tional measures in sealing any potential access to our space through ho4e cracks or crevices and replaced a damaged wall. Also to be noted. The health department visits are during or right after lunch rush. The restaurant can get very messy during this time. Sut as afways there is 2-3 hrs of cleaning done before closing time, by 2-3 ernployees every day. Example - The health dept. violation note of a soiled utensi{ drawer. The soil was actually spices (b4ack pepper, basil) not dirt. Spices used daily on the table where the drawer is located. The drawer does get cleaned at the end of the day. I should have resolved this matter earlier with the Fiealth Department before it came to this point. Some issue do slip by me with the past two years being in survival mode. With the Coffee shop that closed on Robert St. in the Rossmor bui{ding and a failed location in Mpls. Aroma's Pizza corp. has been paying down a substantial debt. And wifl take another year of debt payments before it can be considered stabfe. An effort made even more challenging with downturn +n the economy. For this reason I am asking that the fine be waved. we simply do nat have any discretionary funds. it is interesting to note during this tirv�e of bailouts. That if a business like my own received .000100% of ths 20 billion Bank of America received in assistance. We would be abfe to pay afl debt, create jobs with the much needed updates in infrastructure - Floors, Equipment , Signage. and still have plenty left over to help grow the business. Creating more jobs. Sincerely, Rick Berdahl Aromas Pizza Corp. 350 St. Peter, St. Saint Paul, MN 55102