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09-996Withdrawn 9/16/2009 Council FSIe # Green Sheet # RESOLUTION l � CITY,OF SAINT��GL, MINNESOTA `,, Presented by \ 1 '� 2 Jimmy� 3 Saint P 4 Major 5 been c 6 4626.0225; an 7 8 WHEREAS, n 9 Manager giving Jimm}� 10 preparation of sandwic 11 Paul or face enforceme 12 13 WHEREAS, per Saint P 1 14 $250.00 matrix penalty and suspe 15 16 WHEREAS, the licensee did re ond 17 $250.00 matrix penalty but upon a re-ins cti 18 violation; and 19 . 20 WHEREAS, the Notice of Violation stat 21 the allegation, request a public hearing by August 22 agenda to impose the recommended penalty; now, 23 24 RESOLVED, that all licenses held by ST 25 susoended until the Critical-Maior Rnvirnnmental that if the licensee failed to correct the violation, contest 9�, 2009, that the matter would be placed on the consent the�efore, be it PPJJ Te� Health � Yeas Nays Absen[ Boshom Carter Hazris Helgen Laniry Stark Thune Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: 1, LLC d/b/a Jimmy John's are hereby �e violation is corrected. by Depar[m�t of: � , by City Attorney � n .� � . � Form prov r for 'ssio o Council By: WHEREAS, adverse action was taken against ail licenses held by STPPJJ Team 1, LLC d(b/a ohn's (License ID#20060000034) for the premises located at 2446 University Avenue West in a by Notice of Violation dated August 19, 2009, alleging licensee was cited for one (1) Critical- Env onmentai Health Code violation during a third re-inspection on July 13, 2009 which had not orrecte by the 7une 19, 2009, deadline in violation of Minnesota Administrative Rules parts 7une 12, 2009, the licensee was sent a letter from the DSI Environmental Health .�Tohn's until June 19, 2009 "to institute either the use of utensils or gloves in the h this and all other Jimmy John's establishments licensed by the City of Saint nt a��on"; and Legislative Code §310.05 (m) (9), the licensing office recommended a ion of the all licenses until the violation was corrected; and to the Notice of Violation on August 27, 2004, to pay the on that same day, the inspector they had not corrected the � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ��!_ a�/ � � Depar4nenUOtfice/Council: � Date Inrtiated. q nr � � � S � Dept. of Safety 8lnspections pq SEP 2009 Green Sheet NO . -- J�07�.7J6 - -- ------ � --------------._— Contaet Person & Phone: � Departrnent Sent To Person InitisADate Rachel Tiemev y o e c otsare & I 'ous �� � ' 266-8710 1 ent of Safetv & Tnsoeclions Deoartment Director I I �� 2 ' Attorn �-- ' I Must ' Be�oEP -0 ou�ncil pgenda by (D ): �`mber 3 a or's Office Ma odAssistant � ' Routing 4 anca �--- —� I � Doa Type: RESOLUTION Order 5 ' C7erk Citv Clerk � I i I � E-DOCUment Required: Y � Document ConWct: Julie Kraus Contact Phone: 266-8776 Total # of Signature Pages _(Clip All Locations for Signature) Adion Requested: Resolukon to take adverse action against ali licenses heid by STPPJJ Team I, LLC d/b/a Jimmy John's (License ID#20060000034) for the premises located at 2446 University Avenue West in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questlons: Planning Commission 1. Has this person/firm everworked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this personffirm 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 one (1) Critical-Major Environmental Health Code violarion during a re-inspecfion on July 13, 2009 which had not been coaected by the June 19, 2009 deadline in violation of Minnesota Administrative Rules part 4626.0225. ARer no6fication, licensee paid tlie $250.00 matrix penalty but failed to cottect the violakion. kdvantages If Approved: License suspension. DisadvanWges If Approved: Disadvantages If Not Approved: I Total Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) September4, 2009 12:15 PM Page 1 OFFtCE OF THE CITY ATTORNEY John J, Choi, CityAttomey_ _ .._ �l (� swtHr PAUL � AAAA CITY OF SAINT PAUL ChnstopherB. Coleman, Mayor August 19, 2009 Owner/Manager Jimmy John's 2446 University Avenue West St. Paul, MN 55114 RE: All licenses held by STPPJJ Team 1, LLC d/b/a Jimmy John's for the premises located at 2446 University Avenue West in Saint Paul LicenseID #20060000034 Dear Sir/Madam: The Department of Safety and Inspections (DSI) will recommend adverse acdon against all licenses held by STPPJJ Team 1, LLC d/b/a Jimmy John's for the premises located at 2446 University Avenue West in Saint Paul. The basis for the recommendation is as follows: On January 30, 2009, the Department of Safety and Inspections (DSn - Environmental Health Division conducted an inspection of your establishment based on a complaint and report from the Minnesota DeQartment of Health. The inspector cited you for one (1) CRITICAL — Major violation: employees assembie sandwiches bare-handed (Failure to limit direct hand contact where deli tissue, spatulas, tongs, dispensing equipment or other utensils can be used.) On April 28, 2009, the Environmental Health Division of DSI conducted a re- inspection based on a second complaint and cited you for same CRITICAL — Major violation which had not been corrected: employees assemble sandwiches bare-handed (F¢iture to limit direct hand contact where deli tissue, spatulas, tongs, dispensing equipment or other utensils can be used.) On May 1, 2009, the Environmental Heatth Division of DSI conducted a second re- inspection based on a third complaint and cited you for same CRITICAL — Major violation which had not been conected: employees assemble sandwiches bare-handed (Failure to limit direct hand contact where deli tissue, spatulas, tongs, dispensing equipment or other utensils can be used.) On June 12, 2009, Mr. Daniel Vansteenburg was sent a letter from William Gunther, Environmental Health Manager, giving Jimmy John's until Friday, June 19, 2009 "to institute either the use of utensils or gloves in the preparation of sandwiches in this and all other Jimmy John's estabLishments licensed by the Ciry of Saint P¢ul or face enforcement actiorz." Civil Division 400 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 NOTICE OF VIOLATION Telephone: 651266-B710 Facsimile: 651298-5619 Affirmative Action Equal OPPOrtunitv Emplover 7immy John's August 19, 2009 Page 2 Gy-�q� On July 13, 2009, Environmental Health Division of DSI conducted a third re- inspection and cited you for same CRITICAL — Major violation which had not been corrected by the June 19, 2009 deadline: employees assemble sandwiches bare-handed (Failure to Zimit direct hand contact where deli tissue, spatular, tongs, d'upensing equipment or other utensils can be used.) At the time of this inspection, the manager sfated that he had not received official word to start limiting bare hand contact (with deli tissue and gloves). This is a violation of Minnesota Administrative Rules part 4626.0225 which states: "Except when washing fruifs and vegetables as specifted in part 4626.0255, food employees sha11 Limit direct hand contact wUh exposed, ready-to-eat food when deli tissue, spatulas, tongs, dispensing equipment or other utensils can be used." Per Saint Paul Legislative Code §310.05 (m) (9), the licensing office will recommend a$250.00 ma[rix penalty and suspension of your licenses until the violation has been corrected. At this time, you have three options on how to proceed: You will need to correct the violation and pay the recommended $250.00 matrix penalty. If this is your 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 Monday, August 31, 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 penalty and correction of the violation will be considered a waiver of the hearing to which you are entitled. You will also need to contact Kim Carlton, Environmental Health Soecialist at (651) 266- 8989 to schedule an insoection in order to verifv that the violakion has been corrected if the violation has not been corrected, the matter wili then be olaced on the Council Consent AQenda for susnension of vour licenses. 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 hearing. We will need to receive your letter by Monday, August 31, 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 suspensions. 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 Ihat hearing both you and the City will be able to appeaz and present witnesses, evidence and cross- examine each other's wimesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, August 31, 2009, and I will take the necessary steps to schedule the administrative hearing. Affirmative Action Equal Opportunity Employer Jimmy 7ohn's August 19, 2009 Page 3 ay—��� ff you have not contacted me by that date, I will assume that you are not contesting the imposifion of the $250.00 matrix penalty and suspension of your licenses. In that case, the mafter wil! be placed on the Council 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, �_� ( �,Qi(,� Rachel Tiemey Assistant City Attomey ca Christine Rozek, Deputy Director of DSI Bill Gunther, Environmental Health Manager Daniel Vansteenburg, 1700 Highway 36 West, Ste. 830, Roseville, MN 55113-4022 Renee Lepreau, Community Organizer, St. Anthony Pazk Community Council 890 Cromwel] Avenue, St. Paul, MN 55114-1599 Affirmative Action Equal Opnortunitv Emblover STATE OF MINNESOT � ss. AFFIDAVIT OF SE._ JICE BY U.S. MAIL COUNTY OF RAMSEY ) �1 t� CP Julie Kraus, being first duly sworn, deposes and says that on the � day of August, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager Jimmy John's 2446 University Avenue West St. Paul, MN 55114 Daniel Vansteenburg 1700 Highway 36 West, Ste. 830 Roseville, MN 55113-4022 Renee Lepreau, Community Organizer St. Anthony Park Community Council 890 Cromwell Avenue 5t. Paul, MN SSll4-1599 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paui, Minnesota. 1 a � Ju 'e aus Subscribed and sworn to before me this l��- day of August, 2009 �� No azy Public RITA M. BOSSARD }t�TARY PUBLIC- MINSJESOTA MY COMMISS ION EXPIRESJAN 31, 20 7 0� �y � CITY OF SAINT PAUL ChristophvB. Colentan,Mayor June 12, 2009 Daniel Vansteenburg 1700 West Highway 36 Suite 83Q Roveville, MN 55113 Deaz Mr. Vansteenburg; DEPARTMENf OF SAFb7Y AND INSPECIIONS BobKess7a,Diiector COhASERCEBUlLDING Trlephone: 657-166�9090 3757ac1a'anStre¢t, Su've220 Facr6nile: 65f-2669114 SabuPaul,Minnesota55101-1806 Web: wwwstpauLgov/dsi In you letter to me date June 5, 2009 you stated that you wanted to get the matter of the bare hand contact violation quickly resolved. Resolution of the mattex involves two parts, the payment of the fine and the correcrion of the violation. Failure to do both wil] result in fiuther adverse license acrion. As of today, June 12th, I have been informed that the City has received payment of the fine. The City attorney's office was waiting until we received payment before they canceled the administrative law judge hearing. The hearing will be called off and notice will be sent to you as requested. However, payment of the fine is only half of the resolution of this matter. The other half of the resolurion is conection of the violarion. As of Thursday, June 11, 2209, the district inspector noted that on his inspection of the establislunent on 2127 Hudson Road the staff were still using baze hands to make sandwiches despite your statement in your June Sth letter that "Effective immediately gloves will be worn while making sandwiches." The on-site manager stated that she was waiting for word to order gloves. I can only consider that the situation is still in violation. � I am giving you until Friday, June 19, 2009, to insritute either the use of utensils or gloves in the prepazation of sandwiches in ttus and all other Jimmy John's establishment licensed by the City of St. Paui. If you aze not in compliance as of this date, further enforcement acrion will be taken. If there is any confusion as to what is required, please call me at 651-266-9132 immediately so that we can expeditiously clarify the situation. Yours Truly, L/,�io�: � 4� William F. Gunther, R.S. Environmentai Health Manager CC: Rachel Tierney, Assistant City Attomey pA-ADA-EEO Employtt 0 %'�1�1 Lo DEPARTMENT OF SAFETY AND IIVSPECTIONS Bob Kessler, D+reuo� -- CITY OF SAINT PAL3L ChnstopherB. Cofeman, Mayor �rw 375Tac6son Te(ephone 651-266-8989 SnintPnuLNOV55J01-7806 Facsimile 651-266-9124 ivivw stpaul.gov/dst INSPECTION REPORT 7IlVIMY JOHNS DANtEL VANSTEENBURG 1700 HIGHW'AY 36 W STE 830 ROSEViLLE MN 5 5 1 1 3-4022 Inspection results for: JIIvIMY JOHN'S 2446 UNIVERSITY AVE W ST PAUL MN 55114 Inspection Type: Restaurant Inspection Inspection: 09201154 Inspection Date: August 27, 2009 Contact Person: STEVE JEWITT This is a partial review of your facility. The deficiencies listed include those noted during this inspection as well as any remaining deficiencies from the last inspection that were not reviewed during this partial inspection. An inspection of your facility found the following deficiencies. Please make the required corrections on or before the compliance date(s) indicated. If any of the corrections require changes to the physical structure, building permits may be required. Your establistunent is subject to inspection at any time. 8/27/09 - THIS WAS A REINSPECTION FOLLOWING THE 7/13/09 INSPECTION. ON 8/21/09 I SPOKE WTTH MR. VANSTEENBERG ABOUT BARE HAND CONTACT. HE SAID T'HAT HE WOULD PAY THE FINE AND COMPLY WITH OUR REQI.JTREMENTS, BUT TO PLEASE WAIT UNTIL AFTER WEDNESDAY (8/26) TO REINSPECT. AT 'I`I� LNSPECTION TODAY, AN EMPLOYEE WAS ASSEMBLING A SANDWICH WTTH BARE HANDS, INCLUDING PLACING TOPPINGS ON THE SANDWICH. THE MANAGER ON DUTY SAID THAT HE HAD NOT BEEN NOTIFIED TO CHANGE PROCEDURES. [KAC] 8/28/09 REQUEST FOR ADVERSE ACTION The failure to cosect the critical violation(s) highlighted in this report has resulted in a referral being sent to the License Division Manager requesting adverse action against your license. Adverse action can include a fine, license suspension and/or license revocation. You will be notified by the City Attorney of any fine, license suspension and/or license revocation. (8-24-09) Send Copy of all corespondence to: Dan VanSteenburg, 1700 Highway #36 Ste 830, Roseville, MN 55113-4022.ptk *RESTAURANT- Em�loyees aze using direct hand contact with food or ice. EMPLOYEES ASSEMBLE SANDWICHES BARE-HANDED. Use spatulas, tongs, deli tissue, other utensils or dispensing equipment to limit hand contact with food or ice. (MN 4626.0225). THE MANAGER STATED THAT HE HADN'T RECENED OFFICIAL WORD TO START LIMITING BARE HAND CONTACT (WITH DELI TISSUE AND GLOVES) Comply by: 04/21/2006 Notice #: 3 Severity: CRITICAL (Major) Status: Unabated