09-693Council �le # D � �P 3
Green Sheet #
CITY
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Presented by
RESOLUTION
SAINT,PAUL, MINNESOTA
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WHEREAS, adverse action was taken against the Restaurant (4) 51-150 Seats license held by
Mabuhay, Inc. d/b/a Mabuhay (License ID#20090000017) for the premises located at 1825 University
Avenue West in Saint Paul, by Notice of Violation dated June 3, 2009, alleging licensee was cited for two
(2) Critical-Major and one (1) Critical-Minor Environmental Health Code violations during a re-inspection
on May 19, 2009, in violation of Minnesota Administrative Rules parts 4626.0385, 4626.0395 and
4626.0235; and
8 WHEREAS, per Saint Paul L,egislative Code §310.05 (m) (9), the licensing office recommended a
9$650.00 matrix penalty and suspension of their Restaurant (4) 51-150 Seats license until the violations
10 were conected; and
11
12 WHEREAS, the licensee did not respond to the Notice of Violation to pay the $650.00 matrix
13 penalty or contact the Environmental Health Inspector for a re-inspection to verify the violations had been
14 corrected; and
15
16 WHEREAS, the Notice of Violation stated that if the licensee failed pay the $650.00 matrix and
17 contact the Environmental Health Inspector for a re-inspection by June 15, 2009, that the matter would be
18 placed on the consent agenda to impose the recommended penalty; now, therefore, be it
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RESOLVED, that the Restaurant (4) 51-150 Seats license held by Mabuhay, Inc. d/b/a Mabuhay
is hereby suspended until the two (2) Critical-Major violations and one (1) Critical-Minor violation cited
during the May 19, 2009 re-inspection are corrected. The licensee is also ordered to pay a matrix penalty
of $650.00. Payment of such penalty shall be made within thirty days of the date of the adoption of this
resolution.
Requested by Department of:
�a..�:�C, a-�. �, �-� ae.c.t.ur s
Bv 4. � /ul,�-�
For roved by City Attorney
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BY� � ,l� I �,e�b��
Adopted by Councii: Date �----� � �
Adoption Certified by Counci] retary Form pp ved by yor for t issio o Council
BY� .i��� By:
Appro by M yor: ate �
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmentlOffice/Council: I Date Initiated: �� J lX `�
S� _Dept.ofSafety�lnspections 1S-JUN-09 Green Sheet NO: 3071770
Confad Person & Phone:
Rachel Tiemev
266-8710
Must Be on Council Agenda by (Da1
01-JUL-09 � � ��-4-
)oc. Type: �SOLUTION
E-�ocument Required: Y
Document Contact: Julie Kraus
Contad Phone: 26&8776
� 0 �epk of Safetv & Inspections � �
I i ept of Safetv & Inspections I De artment Director
Assign 2 CSriAttornev I
Number 3 or's Oi'fice Mavor/Assishant i
Por
Routing 4 Council � i
Order 5�tv Clerk G�� 'tv Clerk �
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of the at[ached resolufion to take adverse action against the Restaurant (4) 51-150 Seats license held by Mabuhay, Inc.
d/b/a Mabuhay (License ID#20090000017) for the premises located at 1825 Universiry Avenue West in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contreds Must Answer the Following Questions:
1. Has this person/firtn 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
wrrent 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 rivo (2) Critical-Major and one (1) Crifical-Minor Environmental Health Code violations at a re-inspecrion on
May 19, 2009, in violarion of Minnesota Administrative Rules parts 4626.0385, 4626.0395 and 4626.0235. Afrer notification,
licensee did not respond to the Notice of Violarion.
Advantages If Approved:
License suspension and imposition of $650.00 matrix penalty.
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Trensaction:
Funding Source:
Financiai Information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
June 18, 2009 239 PM Page 1
��'�q�
OFFICE OF THE CITY ATTORNEY
John J. Choi, City Attomey
SA[NY
PAUL
�
AAAA
CITY OF SAINT PAUL
ChnstopherB. Coleman, Mayor
June 3, 2009
Jovy Krahn
Mabuhay
1825 University Avenue West
St. Paul, MN 55104
RE: Restaurant (4) 51- I50 Seats licenses held by Mabuhay, Inc. d/b/a Mabuhay for the premises
located at 1825 University Avenue West in Saint Paul
LicenseID #20090000017
Deaz Jovy Krahn:
The Department of Safety and Inspections (DSI) will recommend adverse action against the
Restaurant (4) 51- 150 Seats licenses held by Mabuhay, Inc. d/b/a Mabuhay for the premises located at
1825 University Avenue West in Saint Paul. The basis for the recommendation is as follows:
On March 19, 2009, the Department of Safety and Inspections (DSI) — Environmental
Health Division conducted an inspection of your establishment and cited you for four
(4) CRITICAL —Minor violations one of which was: raw animal foods lacks adequate
separation from ready-to-eat foods (raw ground beefstored next to coleslaw in the rain
and three (3) CRITICAL — Major violations two of which were: 1) cold food not
maintained at 41 degrees Fahrenheit or less (spaghetti sauce 44° F and ribs 44° F� and
2) potentially hazardous foods are not being cooled within the required time period
(cooked shredded chicken 97°F in the reach-in cooler. The cook said it had been made
that morning more than two hours before the inspection).
On March 23, 2009, DSI sent you a Notice of New Critical Violations listing all the
violation and explaining that they needed to be corrected. You were then informed
that a re-inspection would take place on or after April 18, 2009.
On April, 2009, the Environmental Health Division of DSI conducted a re-inspection
and cited you for one (1) CRITICAL-Minor violation and two (2) CRITICAL —Major
violations that had not been corrected by the Apri118, 2009 deadline: Minor violation:
raw animal foods lack adequate separation from ready-to-eat foods (raw ground beef
stored next to ready-to-eat foods —sandwich toppings on the prep rail and bits of raw beef
were on the cutting board of the prep cooler). Major violations: 1) cold food not
maintained at 41 degrees Fahrenheit or less (reach-in cooler: whole ham 46°F, mashed
potatoes 52° F, gravy 50° F, BBQ sauce 44° F, beaten egg for French toast 44° F. Prep
cooler: colesl¢w 44° F in the rai� raw ground beef 52° F in the rail, mayo 46° F in rail,
Civil Division
400 City Hafl
15 Wesi Kellogg Blvd.
Saint Paul, Minnesota 55102
NOTICE OF VIOLATION
Telephone: 651 266-87 7 0
Facsimile: 651 298-5619
Affirmative Action Equal Opportunitv Emnlover
Mabuhay
June 3, 2009
Page 2
���(�q
fzsh 44° F lower portion and tartar sauce 44° F Zower portion) and 2) potentially
hazardous foods are not being cooled within the required time period (reach-in cooler:
mashed potatoes dated 4/29/09 at 52° F, gravy dated 4/29/09 at 46° F and a whole ham at
46° F no date).
You were then sent a 2 Notice of Critical —Minor Violation after the Apri130, 2009
re-inspection regarding 1) raw animal foods lack adequate separation from ready-to-
eat foods (raw ground beef stored next to ready-to-eat foods— sandwich toppings on the
prep rail and bits of raw beef were on the cutting board of the prep cooler). You were
then told another inspection would be conducted on or after May 15, 2009.
On May 19, 2009, the Environmental Health Division of DSI conducted a second re-
inspection and cited you for the same two (2) CRITICAL-Major viola6ons: 1) cold
food not maintained at 41 degrees Fahrenheit or less (reach-in cooler: mashed potatoes
46° F, meatbal[s 46° F, ribs 45 ° F and hoZlandaise 46 ° F. Prep cooler: coleslaw 50° F in
the rail, raw ground beef 48° F in lhe rail, inayo 67° F in rail, sliced tomato 65 °F in rail)
and 2) potentially hazardous foods are not being cooled within the required time
period (reach-in cooler: mashed potatoes dated 5/l7/09 at 46° F and ribs dated 5/Z7/09 at
45° F) and one CRITICAL-Minor violation: raw animal Foods lack adequate
separation from ready-to-eat foods (raw ground beef stored next to ready-to-e¢t foods-
sandwich toppings on the prep rail and bits of raw beef were on the cutting board of the
prep cooler.)
These are violations of Minnesota Administrative Rules: 1) Part 4626.0385: "Cool
potenti¢Zly hazardous food: I) from I40 degrees Fahrenheit to 70 degrees Fahrenheit
within two hours; and 2. from 70 degrees Fahrenheit to 4l degrees Fahrenheit or below,
within four hours to prevent microbial growth in the food."; 2) Part 4626.0395:
"Immediately, maintain all cold readily perishable food at 4l degrees Fahrenhei[ or [ess."
and 3) Part 4626.0235: "Provide adequate separation to prevent cross-contamination
between raw ¢nimal foods and raw ready-to-eat foods during storage preparation, holding
and display."
As per Saint Pau] Legislative Code §310.05 (m) (9), the licensing office will recommend a$650.00 matrix
penalty and suspension of your Restaurant (4) 51- 150 Seats license unril the violations have been corrected.
At this time, you have three opqons on how to proceed:
You can correct the violations and pay the recommended $650.00 matrix penalty. If [his is your
choice, please send [he payment to the Department of Safety and Inspections (DSI) at 375
Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, June 15, 2009.
Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is
enclosed for your convenience. Payment of the $650.00 matrix penalty and correction of the
violations will be considered a waiver of the hearing to which you are entitled.
You will also need to contact Kim Carlton: Environmental Health Snecialist at (6511266
9090 to schedule an insnection to verifv that the violations have been corrected if the
violations have not been corrected, the matter will then be olaced on the Citv Council
Consent Aeenda for susnension of vour Restaurant (4) 51- 150 Seats license
Affirmative Action Eaual Onnortunitv F.mnlnver
Mabuhay
7une 3, 2009
Page 3
o� -�9�
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 che facts and
requesting a public hearing. We will need to receive your letter by Monday, June 15, 2009. The
matter will then be scheduled before the City Council for a public hearing to determine whether to
impose the �650.00 mahix penalty and suspend your license. You will have an opportunity to
appear before the Council and make a statement on your own behalf.
3. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At
that hearing both you and the City will be able to appear and present witnesses, evidence and cross-
examine each others wimesses. The St. Paul City Council will ultimately decide the case. If this is
your choice, please advise me no later than Monday, June 15, 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 $650.00 matrix penalty and suspension of your Restaurant (4) 51- 150 Seats license.
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 2b6-8710.
Sincerely,
`: L Gt (�,�; 0
Rachel Tierney �
Assistant City Attomey
ca Christine Rozek, Deputy Director of DSI
Bill Gunther, Environmental Healih Manager
Jovy Krahn, 3540 — 13 Avenue South, Minneapolis, MN 55407
Jun-Li Wang, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue
St. Paul, MN 55104-1832
Affirmative Action Eaual Onnnrtunitv F.mnl�ver
STATE OF MINNESOT ' '
� ss
COUNTY OF RAMSEY )
D°� � �v�I �
Julie Kraus, being first duly swom, deposes and says that on the � day of June, she
served the attached NOTICE OF VIOLATION placing a true and correct copy thereof in an
envelope addressed as follows:
Jovy Krahn
Mabuhay
1825 University Avenue West
St. Paul, MN 55104
Jovy Krahn
3540 — 13` Avenue South
Minneapolis, MN 55407
Jun-Li Wang, Community Organizer
Hamline Midway Coalition
1564 Lafond Avenue
St. Paul, MN 55104-1832
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
1�
Julie us
Subscribed and sworn to before me
this �= � day of June, 2009
�� �{� °'—' - �`<-s ��-��
2
Notary Public
AFFIDAVIT OF SE;.. JICE BY U.S. MAIL
RITA M. BOSSARD
NOTARY PUBLIC • MMPIESOTA
MY COMMISSiON
�.'�` EXPIRES JAN 51 201 G
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4626.0385
4626.0385 3-501.14 COOLING.*
A. Cooked potentially hazardous food shall be cooled:
(1) from 60 degrees C(140 degrees F) to 21 degrees C(70 degrees F)
within two hours; and
(2) from 21 degrees C(70 degrees F) to 5 degrees C(41 degrees F) or
below within four hours.
B. Potentially hazardous food shall be cooled to 5 degrees C(41 degrees F) or
below within four hours if prepared from ingredients at ambient temperature, including
reconstituted foods and canned tuna.
C. A potentially hazardous food received in compliance with laws allowing a
temperature above 5 degrees C(41 degrees F) during shipment from the supplier shall be
cooled to 5 degrees C(41 degrees F) or below within four hours.
Statutory Authority: MSs 31.101; 31.11; 144.05; 144.08; 144.12; 157.011
History: 23 SR 519
Posted: October 11, 2007
Copyright �02009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.
� 1 / V 1 �
1
REVISOR
4626.0395
4626.0395 3-50116 POTENTIALLY HAZARDOUS FOOD; HOT AND COLD
HOLDING.*
Except during preparation, cooking, or cooling, or when time is used as the public
health control as specified in part 4626.0410, potentially hazazdous 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
Copyright 02009 by the Revisor of Stamtes, State of Minnesota. Al] Rights Reserved.
1 REVISOR ��� � V '� 4626.0235
4626.0235 3-302.11 PACKAGED AND UNPACKAGED FOOD; SEPARATION,
PACKAGING, AND SEGREGATION *
A. Food shall 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, preparation, hoiding, and display by:
(a) one of the following:
i. using separate equipment for each type of food; or
ii. arranging 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) cieaning 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 containers of food of visible soil before
openmg;
(6) protecting food containers that aze received packaged together in a case
or ovenvrap from cuts when the case or ovenvrap 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 fruits and vegetables and nuts in the shell that require
peeling or hulling 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 �02009 by the Revisor of Statutes, State of Mmnesota. All Rights Reserved.
2 REVISOR ������ 4626.0235
(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 4626.039�, item B, subitem (2); or
(5) shellstock.
Statutory Authority: MS s 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 Minnesota. All Rights Reserved.
Chapter 310. Uniform Licen� �'rocedures
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Page 1 of 3
(m) Presumptive penalties for certain vio/ations. 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 violation involving a liquor license § 409.26 shall apply where a specific violation is
Iisted. 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 in chapter 331A. These penalties are presumed to be appropriate for every
case; however the councii 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 penaity selected was more appropriate.
TABLE INSET:
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 license 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
DSI inspector or police
(5) Commission of a crime
other than a felony on the 5-day Revocation
premises by a licensee or $�00,00 $1,500.00 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) 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
under331A $150.00 $250.00 $500.00 $1,000.00
(i) Fines payable without hearing .
htt„•//l;l,r�,�,d ro,,,+;nnAa �.,w,/dd7�Tn�V;A..,/7 nn�7 n/'17 vZ 7 ov7,:�;.e-2 � n nc. cn ni�nnn
Chapter 310. Uniform Licen� �'rocedures
D�-(�K3
Page 2 of 3
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 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 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 wiil 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 shafl 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) Mu/tiple violations. At a licensee's first appearance before the city council, the
council shail consider and act upon all the violations 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 violation 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 council 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." 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 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.
(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 violation listed in paragraph (m)
above or section 409.26, 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
Chapter 310. Uniform Licen� �'rocedures
��'��
Page 3 of 3
for violations listed in paragraph (m) or section 409.26, 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 penaity.
(3) If a licensee has appeared before the council on three (3) previous
occasions, each for violations listed in paragraph (m) or section 409.26, 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)
caiendar 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 shall 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 hventy-tour
(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 establishment 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; C.F. No. 07-
1053, § 1, 11-28-07; C.F. No. 08-1208, § 1, 12-17-08)