09-51coun�a F�te a G�I-�l
Green Sheet #_�j a S �
RESOLUTION
41NT PAUL, MINNESOTA �'�
1 WIIEREAS, adverse action was taken against the Restaurant (1) No Seats and Retail Food (C )
2 Grocery 1001-3000 sq. ft. licenses held by Jack H. Yang d/b/a Hoa Mei Supermazket (License ID
3#20000004708) for the premises located at 860 Maryland Avenue East in Saint Paul by Notice of Violation
4 dated December 2, 2008, alleging licensee was cited for two (2) Critical — Major Environmental Health
5 Code violations documented by the Department of Safety and Inspections during a re-inspection on
6 September 22, 2008; and
WHEREAS, lacensee did respond to the Notice of Violation to correct the violations but failed to
pay the $375.00 matrix penalty; and
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Presented by
WHEREAS, the Notice of Violation stated that if the licensee faiied to contest the allegation or
correct the violation and pay the $375.00 matrix penalty by December 12, 2008 , that the matter would be
placed on the consent agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that Jack H. Yang d/b/a Hoa Mei Supermarket is hereby ordered to pay a$375.00
matrix penalty for the two (2) Critical— Major Environmental Health Code violations documented by the
Department of Safety and Inspections during a re-inspection on September 22, 2008. Payment of such
penalty shall be made within thirty days of the date of the adoption of this resolution.
Yeas Nays Absent
Bostrom ,/
Carter /
Harris
Helgen �
Lantry �
Stazk �
Thune ,
Adopted by Council: Date ��/hl�vl-/
Adoption Certified by Council Secretary
BY _ li3i.i ��«
Approved by Mayor Date �_� p �'j
BY u� t� r.�.c'
Requested by Depariment of
BY: � Y�c1� L -
Form ` A � roved by City Attorney
BY �LGti,�u� � i 1.t bwii
Form A pr ed b M for S ' sio Council
By:
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
oy-�s
)epartment/OfficelCouncil: pate Initiated:
SI -�ept.ofSafety8lnspections I 31-DEC-08 ; Green Sheet NO: 3065578
I Contact Person & Phone:
j Rachel Tiemey
266-8710
Must Be on Council Agenda by
14JqN-09 ( p,,,�c n �n
Doc. Type: RESOLUTION
E-DocumentRequired: Y
Document Contact: Julie Kraus
Contact Phone: 266-8776
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� � 0 epL of Safety & Inspecfions I ,
I i 'SleptofSafeN&Inspections << DeparhnentDirector �
Assign 2 ,CityAttornev i' i
Number
FOr i 3 y our's O�ce i i MavodAssistant
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Order I 5 kLro t�>�t I n� -� •w rio.� -- i
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Action Requested:
Approval of the attached resolurion to take adverse action against the Restaurant (1) No Seats and Retail Food (C) - Grocery 1001-
3000 sq. ft. licenses held by Jack H. Yang d/b/a Hoa Mei Supermazket (License ID#20000004708) for the premises located at 860
Maryland Avenue East 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 personffirm ever worked under a contract for this department?
Yes No
2. Has this perso�rm ever been a city employee?
Yes No
3 Does this personPfiim possess a skilf not nortnaiy possessed by any
current city employee?
Yes No
Explain ali yes answers on separete 5heet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee was cited for two (2) Crirical - Major Envirorunental Health Code V iolations documented by DSI staff during a re-
inspection on September 22, 2008. After notificarion, the licensee did respond to the Notice of Violation by correcting the violations,
but failed to pay the $375.00 matrix penalty.
Advantages If Approved:
Imposition of $375.00 mahix penalty.
DisadvanWges IfApproved:
None.
Disadvanfages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial I nformation:
(Explain)
CostlRevenue Budgeted:
Activity Number:
January 2, 2009 9:19 AM Page 1
6�-�'I
OFFICE OF THE CITY ATTORNEY
John J Choi, CityAftomey
sw�xr
PAUL CITY OF SAINT PAUL
� Crvil Divrsion
Christopher8. Coleman, Mayor 400CityNa11 Te/ephone: 65126G8710
f5 West Kellogg 8lvd. Facsimile: 651 298-5619
AAAA Saint Paul, hfinnesota 55>02
Decemher 2, 2008
NOTICE OF VIOLATIOP3
Owner/Manager
Hoa Mei Supermazket
860 Maryland Avenue East
St. Paul, MN 55106
RE: Restaurant (1) No Seats and Retail Food (C) — Grocery 1001-3000 sq. ft. licenses held by
Jack H. Yang d/b/a Hoa Mei Supermarket for the premises located at 860 Maryland
Avenue East in Saint Paul
LicenseID #20000004708
Dear Sir/Madam:
The Department of Safety and Inspections (DSI) wlll recommend adverse action against
the Restaurant (1) No Seats and Retail Food (C) — Grocery 1001-3000 sq. ft. licenses held by
7ack H. Yang d/b/a Hoa Mei Supermarket for the premises located at 860 Maryland Avenue East
in Saint Paul. The basis for the recommendation is as follows:
On August 13, 2008, the Department of Safety and Inspecrions (DSI) -
Environmental Health Division conducted an inspection ofyourestabiishment
and cited you for one (1) CRITICAL- Minor violation and three (3)
CRITICAL — Major vioiations two of which were: 1) Cold food not
maintained at 41 degrees Fahrenheit or less (46.5°Fchicken in walk-in cooler
and 93.5°F jatapeno peppers) and 2) Potentially hazardous foods not being
maintained at proper temperatures (97°F fried rice meatballs; 97.5°F rice
sausage; 123°F sttusage; 104°F fish and 127.5°F baked frsh and banana sweet
rice)
On August 18, 2008, DSI sent you a Notice of New Critical Violations letter
listing the violations from the August 13, 2008, inspection and eaplaining that
they needed to be corrected. You were then informed that a re-inspection
would take place on or after September 12, 2008.
AA-ADA-EEO Employer
Hoa Mei Supermazket
December 2, 2008
Page 2
o�-�I
On September 22, 2008, the Environmental Health Division conducted a re-
inspection and cited you for same two CRITICAL — Major violations which
had not been corrected by the September 12, 2008 deadline: 1) Potentially
hazardous foods not being maintained at proper temperatures (l15°Fpork ribs
in warmer, I D6°F whole V chicken and banana sweet rice) and 2) Cold food not
maintained at 41 degrees Fahrenheit or less (42.9°F duck in walk-in cooler,
42.8°F carp frsh)
These are both violations of Minnesota Administrative Rules part
4626.0395: "Maintain all hot, potentially hazardous foods at I40 degrees
Fahrenheit or above to prevent bacferial grown and/or toxin production.
Roast beet may be held at 130 degrees Fahrenheit if cooked in accordance
with specified fime and temperature requirements" and "Maintain all cold
potentially hazardous foods at 4l degrees Fahrenheit or 6elow under
mechanical refrigeration to prevent baeterial growth and/or toxin
production."
As per Saint Paul Legislative Code §310.05 (m) (8), the licensing office will recommend a
$375.00 matrix penalty for both violations and suspension of your Restaurant (1) No Seats and
Retail Food (C) — Grocery 1001-3000 sq. ft. licenses unti] the violafions have been conected.
At this time, you have three options on how to proceed:
You can conect the violarions and pay the recommended $375.00 matrix penalTy. If this is
yow choice, please send the payment to the Department of Safety and Inspections (DSI) at
375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Friday,
December 12, 2008. Payment should be directed to the attenfion of Chrisrine Rozek. A
seif-addressed envelope is enclosed for your convenience. Payment of the $375.00 matrix
penalty will be considered a waiver of the hearing to which you are entitled.
You will also need to contact Oren Larson Environmental Heaith S ecialist at
(6511266-9140 to schedule an insnecfion to verif� that the violations have been
corrected. If the violations have not been corrected the matter will then be laced on
the Council's Consent Agenda for susuension of vour Restaurant (11 No Seats and
Retail Food (C) — Grocerv 1001-3000 sp ft 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 heazing. We will need to receive your letter by
Friday, December 12, 20Q8. The matter will then be scheduled before the City Council
for a public hearing to deternune whether to impose the $375.00 matrix penalty and
license suspensions. You will have an opportunity to appeaz before the Council and make
a statement on your own behalf.
AA-ADA-EEO Emn]over
Hoa Mei Supermazket
December 2, 2008
Page 3
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If you dispute the above facts, you can request a hearing before an Administrative Law
Judge. At that hearing both you and the City will be able to appeaz and present witnesses,
evidence and cross-examine each other's witnesses. The St. Paul City Councii will
ultimately decide fhe case. If this is your choice, please advise me no later than Friday,
December 12, 2008, and I will 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 imposition of the $375.00 matrix penalty and suspension of your Restaurant (1) No Seats
and Retail Food (C) — Grocery 1001-3000 sq. ft. licenses. In that case, the matter witl be
placed on the Council's Consent Agenda for approval of the recommended penalty.
If you have questions about these options, please feel free to contact me at 266-8710.
Sincerely,
�aa�.Ti�.�
Rachei Tierney
Assistant City Attomey
cc: Christine Rozek, Deputy Director of DSI
Bill Gunther, Environmental Health Manager
Jack Yang, 484 Nebraska Avenue East, St. Paul, MN 55130
Ms. Leslie McMurray, Exec. Director, Payne Phalen District 5 Planning Council
506 Kenny Road, Ste. 130, St. Paul, MN 55130
AA-ADA-EEO Emolnver
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CITY OF SAINT PAUL
INTERDEPARTMENTALMEMORANDUM
DATE: 10/21/08
TO: Christine Rozek
FROM: BillGunther ;,��
RE: Hoa Mei Supermarket
860 Maryland Ave E
Inspection Number: 08 133699
Inspection Date: 09/22/08
REQUEST FOR LICENSE ADVERSE ACTION
The Environmental Health Division conducted a re-inspection of the facility at
860 Maryland Ave E on 09l22/08 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 fufl
inspection report is attached.
The following penalties are being recommended:
Location: KITCHEWALKIN COOLER -
Violation 1 Severity: CRITICAL (Major) Compiy By: 10/07/08 Notice # 2
RECOMMENDED PENALTY: $125
Cold food not maintained at 41 degrees Fahrenheit or less. 42.9 F DUCK IN WALKIN
COOLER, 42.8 F CARP FtSH
Maintain all cold potentialiy hazardous foods at 41 degrees Fahrenheit or below under
mechanical refrigeration, to prevent bacterial growth andior toxin production. (MN
4626.0395) TRY STORING POTENTIALLY HAZARDOUS FOODS UNCOVERED AND
IN DIRECT LINE WITH REFRIGERATION BLOWERS. COVER PRODUCTS AFTER
CHILLING TO 41 F OR LESS, STORE ITEMS IN SHALLOW FLAT CONTAINERS.
Location: KITCHEN -
Violation 2 Severity: CRITICAL (Major) Comply By: 10/07/08 Notice # 2
RECOMMENDED PENALTY: $250
Page 1 of 2
b q,�l
Potentiafly hazardous hot foods not being maintained at proper temperatures. 1'15 F
PORK RIBS IN WARMER, 106 WHOLE V CHICKEN BANANA SWEET RICE, ETC.
Maintain all hot, potentially hazardous foods at 140 degrees Fahrenheit or above to
prevent bacterial growth and/or toxin production. Roast beef may be heid at 130 degrees
Fahrenheit if cooked in accordance with specified time and temperature requirements.
(MN 4626.�395)
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:
Imporper food temps are a leading cause of foodborne illnesses.
Extent of deviation from statutory or regulatory requirements:
The cooling voilation at essentially 43F is only slightly of the required 41 F but the hot
holding temps at 106F and 115F are very significantly off the required 140F.
Degree of willfulness or negligence:
There does not appear to be any attempt to correct either of these violations.
cc: Bill Gunther
Bob Kessler
2 of 2
4626.0395 Minnesota Rule
Page 1 of 1
DH� �
Minnesota Administrative Rules
4626.0395 3-50116 POTENTIALLY I�AZARDOUS FOOD; HOT AND COLD
AOLDING.x
Except during prepazation, cooking, or cooling, or when time is used as the public
health control as specified in part 4626.0410, potentially hazzrdous food shall be
maintained:
A. at 60 degrees C(140 degrees F) or above, except that roasts cooked to a
temperature and for a time specified in part 4626.0340, item B, may be held at a
temperature of 54 degrees C(130 degrees F); or
B. at 5 degrees C(41 degrees F) or below under mechanical refrigeration,
except as specified in part 4626.0405, item B.
Statutory Authority: MSs 31.101, 31.11; 144.05; 144.08; 144.12; 157.011
History: 23 SR 519
Posted: October 11, 2007
https://www.revisor.legstaxe.mn.us/rules/?id=4626.0395 11/26/2008
Chapter 310. Uniform License Procedures
Page 1 of 2
I'✓AJ( '
v � �
(m) Presumptive pena(ties for certain violations. The purpose of this section is to estabiish 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 ali license types, except that in
the case of a violation involving a liquor iicense § 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 individuai 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 specify why the penafty selected
was more appropriate.
TABLE INSET:
Type of Violation Appearance
1st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $2 000.00 fine Revocation
placed on the license f and 10-day
suspension
(2) Violation of provisions of $500.00 fine $1,000.00 $2 000.00 fine Revocation
the legislative code relating fine and 10-day
to the licensed activity suspension
(2) Violation of provisions of
the legislative code relating �500.00 fine $1,000.00 �2,000.00 fine Revocation
to the licensed activity, fine and 10-day
other than violations of the suspension
food code
(3) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension suspension
LIEP inspector or police
(4) Commission of a crime
otherthan a felony on the $700.00 $1,500.00 5-day Revocation
premises by a licensee or suspension
employee
(5) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
licensee or employee
(6) Death or great bodily 30-day 60-day
harm in establishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(7) Failure to pay license Revocation
fees
(8) Criticat violations under $1,0OO.OQ 5- Revocation
331A $250.00 $500.00 day
suspension
(9) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payable without hearing .
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
http:l/library4municode.conn/4472/DocView/1006U1/317/318?hilite=310 O5; 11/26/2008
Chapter 310. Uniform License Procedures
Page 2 of 2
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notice of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount.
Payment of the recommended fine will be considered to be a waiver of the
hearing to which the licensee is entitled, and will be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent viotations.
http://library4.municode.coxn/4472/DocView/10061/1/317/318?hilite=310 O5; 11/26/2008
STATE OF MINNESOTA`
, _�.
COUNTY OF RAMSEY )
AFFIDAVIT OF SEI. .CE BY U.S. MAIL
b�-�l
Julie Kraus, being first duly sworn, deposes and says that on the 2 day of December, she served
the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an
envelope addressed as follows:
OwnerlManager
Hoa Mei Supermarket
860 Mazyland Avenue East
St. Paul, MN 55106
Jack Yang
484 Nebraska Avenue East
St. Paul, MN 55130
Ms. Leslie McMurray, Exec. Director
Payne Phalen District 5 Planning Council
506 Kenny Road, Ste. 130
St. Paul, MN 55130
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
�
Julie Kraus
Subscribed and sworn to 6efore me
this 2" day of December, 2008
�.�� �� i��.�
N' y Public
RITA M. 80SSARD
WTARY PIAIIC • MUJrESOTA
MY COMMSSIOM
pfpIRES JAN. 31. 201 0