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09-791i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 WITHDRAWN 7/22/09 CITY CouncilFile# 09-791 Green Sheet # ' Q�� RESOLUTION 41N� pAUL, MINNESOTA � AS, adverse action was taken against all licenses held by The Green Mill Inn, LL,C d/b/a Green Mill (Lic se ID#20070003903) for the premises located at 57 Hamline Avenue South in Saint Paul, by Notice o Violation dated June 18, 2009, alleging licensee was cited for one (1) Critical-Minor Environmental He Code violation during a re-inspection on Mazch 6, 2009, in violation of Minnesota Administrative Rules s 4626.1055; and WHEREAS, per S nt Paul L.egislative Code §310.05 (m) (9), the licensing office recommended a $125.00 matrix penalty and spension of all licenses until the violation was corrected; and WHEREAS, the licensee id not respond to the Notice of Violation to pay the $125.00 matrix penalty and contact the Environm tal Health Inspector for a re-inspection to verify that the violation had been corrected or request a hearing; , d WHEREAS, the Notice of Viola ' n stated that if the licensee failed pay the $125.00 matrix and contact the Environmental Health Inspecto for a re-inspection or request a hearing by June 29, 2009, that the matter would be placed on the consent a nda to impose the recommended penalty; now, therefore, be it �'a RESOLVED, that all licenses held by The' een Mill Inn, LLC d!b!a Green Mill are hereby suspended until the one (1) Critical-Minor violation 'ted during the March 6, 2009, re-inspection is corrected. The licensee is also ordered to pay a matrix enalty of $125.00. Payment of such penalty shall be made within thirty days of the date of the adoption of is resolution. Yeas Nays Absent Bostrom Carter Harris Helgen Lanhy Stark Thune Adopted by Council: Date Adoption Certified by Council Secretaty By: Approved by Mayor: Date By: Reques ed by By: Form Approv By: � Form � By: of: by City Attorney a P r � for to 09-791 � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � f— !� _ Dept. of Safety 8 Inspections ta� Person & Phone: el Tiemev Must Be on Co cp Agenda by 22JUL-09 /�rtrnao .,.• Doc.Type: E-Document Required: Y \ Document Contact: ����e ConWM Phone: 26E 09JUL-09 �/ ° � Assign � Z Number I For 3 Routing i 4 Ofder 5 Green Sheet NO: 3072283 Total # of Signature Pages _(CIip,41� Locations for Signature) � Action Requested: - � - � - Approval of the attached resolution to take action against all licenses held by The Green Mill Inn, LLC d/b/a Green Mill (License ID#20070003903) for the premises at 57 Hamline Avenue South in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission . CIB Committee Civil Service Commission Personal Service Contrects Must Answer the Foilowing Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. s this persoNfirm ever been a city employee? Yes No 3. Does is person/firm possess a skill not normally possessed by any current � employee? Yes No F�cplain all yes swers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): License was cited for one (1) Critical-Minor Environmental Health Code notification, licensee did not respond to the Notice of Violation. Advantages If Approved: License suspension and imposition of $125.00 fine. Disadvantages If Approved: DisadvanWges If NotApproved: Totai Amount of Trensaction: Funding Source: Financial Infortnation: (6cplain) CostlRevenue Budgeted: Activity Number. during a re-inspection on Mazch 6, 2009. After � July 9, 2009 3:29 PM Page 1 09-791 OFFICE OF THE CITY ATTORNEY Jahn J. Cho�, City Attomey SA1Ni PAUL � IIAAA OF SAINT PAUL �r8 Coleman, Mayor June 18, 2009 Jim Kreiser Green Mill 57 Hamline Avenue South St. Pau1, MN 55105-2248 Civd D�vision 400 Crty Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 NOTICE OF VIOLATION Telephone: 651266-8710 Facsimile: 65129H-5679 RE: All liceuses held by The Green Mill Inn, LLC Green Mill for the premises located at 57 Hamline Avenue South in Saint Paul `�� License ID #20070003903 �, � Deaz Mr. Kreiser: 4 The Department of Safety and Inspections (DSI) will re�mmend adverse action against all licenses held by The Green Mill Inn, LLC d/b/a Green Mill for the piexnises located at 57 Hamline Avenue Sou[h in Saint Paul. The basis for the recommendation is as foi7ows: On January 14, 2009, the Department of Safety and Inspe�Ti� Environmental Health Division conducted an inspection of your es and cited you for three (3) CRITICAL —Minor violations one of The spr¢y arm hangs below the spi11 rim of the sink. (DSI) — was: On January 15, 2009, DSI sent you a Notice of New Critical Violations li the violations and explaining that they needed to be corrected. You were informed that a re-inspection would take piace on or after February 13, : On February 17, 2009, the Environmental Health Division of DSI conducted a re-inspection and cited you for the same CRITICAL-Minor violation that had not been corrected by the February 13, 2009 deadline: The spray arm hangs below the spill rim of the sink. You were then sent a 2" Notice of Critical-Minor Violation citing that violation and informing you that a second re-inspection would take place on or after March 4, 2009. On March 6, 2009, the Environmental Health Division of DSI conducted a second re-inspection and cited you for the same CRITICAL-Minor violation that had not been corrected by the March 4, 2009 deadline: The spray arm hangs below the spill rim of the sink. Affirmative Action Equal Opportunity Employer 09-791 STATE OF MINNESOT � ss. COUNT'Y OF RANESEY ) AFF'IDAVIT OF SE._ JICE BY U.S. MAIL 7ulie Kraus, being first duly sworn, deposes and says that on the _� day of June, she the attached NOTI(:E OF VIOLATION placing a Lrue and correct copy thereof in an pe addressed as follows: 7im Kreiser� Green Mill 57 Hamline Ave'E�ue South St. Paul, MN SSIQ3-2248 Green Mi11 c/o 1342 Grand Avenue St. Paul, MN 55105 Melissa Martinez-Sanes, Exec. Di� Macalester Groveland Communiry 320 South Griggs Street St. Paul, MN 55105-2800 ��. (which is the last known address of said person} dep�ting the same, with postage prepaid, in the United States �nail at St. Paul, Minnesoea. '��, t �, Subscribed and sworn to be€ore me this j,�'� of June, 2009 � ana� ��� N tary Pu Tic RtTA kt. BOSSARD InTARYPll6L1C-MiNNESOTA (dY COMh5SS1UN DCPIF2E5JAN9i.207G � � �, � ' :� \� .� ..\ e �C . 09-791 DATE: T0: FROM: CITY OF SAINT PAUL INTERDEPARTMENTALMEMORANDUM 05/15/09 , �Il Rozek er yj �z� RE: Green Mr�l,Brewing CO 57 Hamline�Qve S Inspection Ni}mber: 09 028452 Inspection Date`:-. 03l06/09 ° `w, REQUEST FbR LICENSE ADVERSE ACTION �� The Environmental Health Division con� 57 Hamline Ave S on 03/06/09 and is re (Section 331A.11 of the Saint Paul Legi below were noted as being uncorrected inspection report is attached. a re-inspection of the facility at ending license adverse action Code). The food code violations listed `�ie inspection. A copy of the full The following penafties are being recommended: Location: BASEMENT - DOUGH PREP AREA - Violation 1 Severity: CRITICAL (Minor) Comply By: 02/1 RECOMMENDED PENALTY: $125 Spray arm hangs below the spill rim of the sink. Notice # 3 Mount the spray arm so it cannot hang below the spill rim of a sink or provrde an approved backflow prevention device on the faucet. (MN 4626.1055) '�, The penalties listed above were based on the food code penaity guideline and foliowing mitigating or aggravating factors: Potential for harm or imminent threat to public health: Aithough there needs to be a couple of simultaneous events to cause a contamination, there is the potential for contaminating the whole plumbing system and even the water supply for the area. Page 1 of 2 09-791 :nt of deviation from statutory or regulatory requirements: spray arm needs to be above the rim of the sink so this a serious deviation.: Demo�.stration of good faith efforts to correct a violation: It is not di�ficult to remedy this violation so I can only surmise that they are ignoring it. :.. 2 of 2