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09-513WITHDRAWN 5/13/2009 CITY by RESOLUTION 41N�' PAUL, MINNESOTA 1 HEREAS, adverse action was taken against the Restaurant (3) 13-50 Seats license held by Spin 2 The Planet nterprises, Inc. d/b/a Jimmy John's (License ID#20060003085) for the premises located at 3 2127 Hudson oad in Saint Paul, by Notice of Violation dated April 10, 2009, alleging licensee was cited 4 for one (1) Crit� -Major Environmental Health Code violation during a re-inspection on November 24, 5 2008, which had t been corrected by the November 19, 2008, deadline in violation of Minnesota 6 Administrative Rules art 4626A225; and 7 8 WHEREAS, per S� t Paul L.egislative Code §310.05 (m) (9), the licensing office recommended a 9$250.00 matrix penalty and s pension of the Restaurant (3) 13-50 Seats license until the violation is 10 corrected; and 11 12 WHEREAS, the licensee di espond to the Notice of Violation but failed to follow-up by the 13 deadline to pay the matrix penalty an orrect the violation or request a hearing; and 14 15 WHEREAS, the Norice of Violati stated that if the licensee failed to contest the allegation, 16 request a public heazing or pay the $250.00 atrix penalty and correct the violation by April 20, 2009, that 17 the matter would be placed on the consent age da to impose the recommended penalty; now, therefore, be 18 it 19 20 RESOLVED, that the Restaurant (3) 13-50 at< 21 d/b/a Jimmy John's is hereby suspended until the one 22 November 24, 2008 re-inspection is corrected. The lice� 23 $250.00. Payment of such penalty shall be made within 24 resolution. Council FYIe # � � � / � / Green Sheet #- ('�(�Q /7 license held by Spin The Planet Enterprises, Inc. Critical-Major violarion cited during the t� ee is also ordered to pay a matrix penalty of rty days of the date of the adoption of this Adoption Certified by Council Secre[ary By: Approved by Mayor: Date Requested by � By: � Form � By: Form Appr f By: of: by Ciry Attorney 1 /1 i . � ' 5 � Adopted by Council: Date � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � nenUOffice/Council: Date Initiated: �+ �+ 6 `� � (� Dept.ofSafety&Inspections , Zg_qpR-09 I \7reen �7he'et N� 3069980 �on & Phone: Tiemev � i 0 I Assign � Z Number � 3 For Routing i < Order 5 ; Must Be on Cou�l il Agenda by (Date): 'i 13-MAY-69 �� i Doc.7ype: RESOLUTIO f I E-Document Required: Y Document Co`rtact: �ulie Kr s � Contact Phone: 2668776 j ToW I# of Signature Pages _(qip Action Requested: Approval of the attached resolution to Enterprises, Inc. d/b/a Jimmy John's (] Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Depat/mentDirector ' i Mayod�Ass"ts ttan � � Ciri Clerk se action against the Restaurant (3) 13-50 Seats license held by Spin The Planet #20060003085) for the premises located at 2127 Hudson Road in Saint Paul. Personal Service Contrects Must Answer the Following Questions: 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. as this persoNfirm ever been a city employee? Y No 3. Doe this personffirm possess a skill not normally possessed by any curren city employee? Yes F�cpfain all y answers on separate sheet and a8ach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was cited for one (1) Critical-Major Environmental Health Code lation after a November 24, 2008 re-inspection. After notification, the licensee did respond to the Notice of Violation but failed to low-up by the deadline to pay the matrix penalty and correct the violafion or request a heazing. Advantages If Approved: License suspension and imposition of $250.00 matrix penalty. Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trensaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: April 29, 2009 10:30 AM Page 1 D� �1� OFFICE OF THE CITY ATTORNEY John J. Choi, CityAitomey SAINT PAUL � Al1AA CITY OF SAINT PAUL Chnsropher8. Coleman, Mayor April 10, 2009 OwnerlManager Jimmy John's 2127 Hudson Road St. Paul, MN 55119 RE: Restaurant (3) 13— 50 Seats license held by Spin The Planet Enterprises, Inc. d/b/a Jimmy John's for the premises loca[ed at 2127 Hudson Road in Saint Paul LicenseID #20060003085 Dear Sir/Madam: The Department of Safety and Inspections (DSI) will recommend adverse action against the Restaurant (3) 13— 50 Seats license held by Spin The Planet Enterprises, Inc., d/b/a Jimmy John's for the premises located at 2127 Hudson Road in Saint Paul. The basis for the recommendaaon is as follows: On October 20, 2008, the Department of Safety and Inspections (DSI) - Environmental Health Division conducted an inspection of your establishment and cited you for one (1) CRITICAL — Minor violation and one (1) Critical - Major violation which was: Failure to limit direct hand contact where de[i tissue, spatulas, torsgs, dispensing equipment or other utensils can be used. On October 21, 2008, DSI sent you a Notice of New Critical Violations letter listing those violations and explaining that they needed to be corrected. You were then informed that a re-inspection would take place on or after November 19, 2008. ��;� ��ti On November 24, �9(19, the Environmental Health Division of DSI conducted a re- inspection and cited you for same CRITICAL — Major violation which had not been cocrected by the November 19, 2008: F¢ilure to timit direct hand contacl where deli tissue, spatuias, tongs, disperssing eguipment or other utensils can be used. This is a violation of Minnesota Administrative Rules part 4626.0225 which states: "Except when washing fruits and vegetables as specified in part 4626.0255, food employees sh¢ll limit direct hand contact with exposed, ready-to-eatfood when deli tissue, spatulas, tongs, dispensing equipment or other utensils can be used." Civil Division 400 City Hall 75 West Kellogg Blvd. SaintPaul, h1innesota 55f02 NOTICE OF VIOLATION Telephone: 657 266-8710 Facsimde: 657 298-5619 Per Saint Paul Legislative Code §310.05 (m) (9), the licensing office will recommend a$250.00 matrix penalty and suspension of your Restaurant (3) 13— 50 Seats license until the violation has been corrected. Jimmy John's April 10, 2009 Page 2 At this time, you have three options on how to proceed: a�-g�3 You can correct the violation and pay the recommended 5250.00 matrix penalty. If this is your choice; please send the payment to che Department of Safety and Inspections (DSI) at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 5510]-1806 no later than Monday, April 2Q 2009. Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $250.00 matrix penalrj and correction of the violation wiil be considered a waiver of Ihe hearing to which you are entided. You will also need to wntact David Weisbere Environmental Health Insoector at (65D 266 9094 to schedule an insuection in order to verifv that the violation has been corrected if the nolahon has not been corrected, the matter will then be olaced on the Council Consent A¢enda for susvension of your Restaurant (3) 13— 50 Seats Iicense 2. If you wish to admit the facts but contest the genalty, you may have a public hearing before the Saint Paul City Council, you will need to send me a letter with a stateme�t admitting the facts and requesting a public hearing. We will need to receive your letter by Monday, Apri120, 2009. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the $250.00 matrix penalty and license suspension. You will have an opportunity to appear before the Council and make a statemen[ on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Administraqve Law Judge. At that hearing both you and the City will be able to appear and present wimesses, evidence and cross- examine each o[hers witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, Apri120, 2009, 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 $250.00 matrix penalty and suspension of your Restaurant (3) 13— 50 Seats license. In that case, the matter will be placed on the Council Consent Agenda for approval of the recommended penaity. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, � 1 ` Rachel Tierney Assistant City Attorney ca Christine Rozek, Deputy Director of DSI Bill Gun[her, Environmental Health Manager Daniel Vansteenburg, 11 I 18 Sweetwater Path, Woodbury, MN 55119 Betsy I.each, Community Organizer, District 1 Community Council — Bat[le Creek 2090 Conway Street, Room 126, St. Paul, MN 55 1 1 9-4040 STATE OF MINNESOT� l , ss. COUNTY OF RAMSEY ) �� -�( 3 Julie Kraus, being first duly swom, deposes and says that on the �� day of April, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Owner/Manager Jimmy John's 2127 Hudson Road St. Paul, MN 55119 Daniel Vansteenburg 11118 Sweetwater Path Woodbury, MN 55119 Betsy Leach, Community Organizer District 1 Community Council — Battle Creek 2090 Conway Street, Room 126 St. Paul, MN 55119-4040 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. P _"' - �� Julie Kraus Subscribed and sworn to before me this jU`�day of April, 2009 � ! � G � Tiv�� ti. Notazy Public °'� S�� Pharie Janrsch. NDTARY FU811C. bl,�N�yp�H '�; " � EXPtd�£� JtvN. 3;. 2!�92 y '�'r�� AFFIDAVIT OF SL . JICE BY U.S. MAIL D� ��/� I'7.►L6Y�17 4626.0225 3-301.11 PREVENTING CONTAMINATION FROM HANDS x 4626.0225 A. Food employees shall wash their hands as specified in part 4626.0070. B. Except when washing fruits and vegetables as specified in part 4626.0255, food employees shall limit direct hand contact with exposed, ready-to-eat food when deli tissue, spatulas, tongs, dispensing equipment, or other utensils can be used. C. Food employees shall minimize bare hand and arxn contact with exposed food that is not in a ready-to-eat form. D. Except when wounds or lesions are present as described in part 4626.0040, single-use gloves are not required if proper handwashing as specified in parts 4626.0070 to 4626.0090 is undertaken. Statutory Authority: MSs 31.101; 31.11; 144.05, 144.08; 144.12, 157.011 History: 23 SR 519 Posted: October 11, 2007 Copyright �2009 by the Revisor of Statutes, State of Mmnesota. All Righ[s Reserved. Chapter 310. Uniform License Procedures Page 1 of 2 �9-�/3 (m) Presumptive penalties for certain violations. The purpose o4 this section is to establish a standard by which the city council determines the amount of fines, the length of Iicense suspensions and the propriety of revocations, and shall apply to all license types, except that in the case of a violation involving a liquor license § 409.26 shall 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 § 331 A. The total fine amount for violations of § 331 A may exceed the maximum fine outlined below due to muftiple violations in one (1) appearance. All penalty recommendations for chapter 331A violations shall be based on the food penalty guideline referred to in chapter 331A. 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 shall provide written reasons that specify why the penaity selected was more appropriate. TABLE INSET: Type of Violation Appearance 1st 2nd 3rd 4th (1) Vioiations of conditions $500.00 fine $1,000.00 $2 0�0.00 fine Revocation placed on the license fine and 10-day suspension (2) Violation of provisions of $500.00 fine $2,000.00 fine the legislative code relating $1,000.00 and 10-day Revocation to the licensed activity fine sus ension P (3) 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 (4) Failure to permit 5-day 10-day 15-day Revocation entrance or inspection by suspension suspension suspension DSI inspector or police (5) Commission of a crime other than a felony on the g�00.00 $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 licensee or employee (7) Death or great bodily 30-day 60-day harm in establishment suspension suspension Revocation n(a related to violation of law or license conditions (8) Fai�ure to pay license Revocation fees (9) Critical violations under $1,000.00, 5- Revocation 331 A $250.00 $500.00 day suspension (10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00 under 331A (i) Fines payable wrthout hearing . http://library3.municode.com/4472/DocView/10061/1/317/318?hilite=310 O5; 4/7/2009 Chapter 310. Uniform License Procedures Page 2 of 2 � �-�/� A. Notwithstanding the provisions of section 310.05(c), a licensee who wouid 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 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 penaities 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 Councii. 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 entitied, 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 tor 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. http://library3.municode.com/4472/DocView/1 006 1/1/3 17/3 1 8?hilite=31Q O5; 4/7/2009