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