10-245Council File #�
Green Sheet # '�/O� ;j � (�-,
CITY
Presented by
2
4
5
RESOLUTION
NT PA�JL, MlNNESOTA
/�
WHEREAS, adverse action was taken against all licenses held by Midway Fuel, Inc. d/b/a Pro Stop
(License ID#19970000053) for the premises located at 543 Cleveland Avenue NorCh in Saint Pau1, by
Notice of Violation dated January 5, 2010, alleging the licensee was cited for one (1) Critical-Major
Environmental Health Code violation during a re-inspection on December 2, 2009; and
6 WHEREAS, the licensee did respond to the Notice of Violation to pay the $200.00 matrix penalty
7 on January 13, 2010, and the inspector then requested an extension because the licensee was working on
8 correcting the cooler issue; and
9
10 WHEREAS, the same inspector from the Department of Safety and Inspections came to the
11 licensed premises on February 23, 2010, and found the licensee had not corrected the Critical-Major
12 violation and was therefore not in compliance; and
13
14 WHEREAS, the Notice of Violation stated that if the licensee failed to come into compliance or
15 request a heazing by Januazy 15, 2010, that the matter would be placed on the consent agenda to impose the
16 recommended penalty; now, therefore, be it
17
18 RBSOLVED, that all licenses beld by Midway Fuel, Inc. d/b/a Pro Stop are hereby suspended until
19 the one (1) Critical-Major Environmental Health Code violation is corrected.
Yeas Nays Absent
Bostrom �/
Cazter ,/
Harris �
Helgen �
Lantry �
Stark
Thune ✓
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Requested by Depaztrnent of:
T� =�1- ;� �n,a.F01.U.cMS
BY .K�{,i.o�k..n's. F iu'l.f�-�
Form
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Adopted by Council: Date ��/O o ?`.'«!
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AdopROn Cer[ified by Council Secretary Form
BY= � �,�5i1n By:
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Approved ay r: � ate � /(p
By:
by Ciry Attorney �
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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��, lJepartmenUOffice/Council: . Date Initiated:
' S� _Dept.ofSafety8lnspections ! Z6FE62�10 � Green She NO: 310
i
, Contad Person & Phone: , � Depadment Sent To Person InitiadDate �
; Vnginia D. Palmer � y I o �ept. otsafeey & iosnections � '
266-$710 , . 1� _ept of Safetv & Iaspections ' Department DireMOr ,
', AsSign 2:Ciri Attomev '�, �, Ciri Attorney '
' Must Be on Councilf�qenda by (Date): I Number ; 3 �iavor's Office I I Mavor/ASSistant � '
'� 10-MAR-10 � ��� ,� ; For � .
', Routing 4 :Council CSty Council
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�� Doc. Type: RESOWTION � Order � 5 ;Citv G9eck �� Ciro Cterk r I
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� E-Document Required: Y i I i
� Document Contact: �ulie Kraus I
I ConWCtPhnne: 266-8776 �
Total # of SignaWre Pages _(Clip All Locations for SignaWre)
Approval of the attached resolution to take adverse acfion against all licenses held by Midway Fuel, Inc. d/b/a Pro Stop (License ID
#19970000053) for the premises located at 543 Cleveland Avenue North in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Qvil Service Gommission
Personal Service Contracts Must Answer the Foliowing Questions:
1. Has this personffirm ever worked under a contrect for this department?
Yes No
2. Has this person/firm 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 foi one (1) Critical-Majox Envizonmental Health Code violation during a re-inspection on December 2, 2009.
ASer notification, the licensee paid the $200.00 matrix but failed to conect the violation even after a secoud re-inspection on
February 23, 2010.
Advantages Ifi Approved:
License suspension.
DisadvanWges IfApproved:
DisadvanWges If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
February 26, 201010:02 AM Page 1
10-245
SA[N C
PAUL
�
AAAA
CITY OF SAINT PAUL
Chnstopher8. Coleman, Mayor
OFFTCE OF TE� CITY ATTORNEY
John J, Choi, CityAttomey
Telephone: 657 266-8710
Facsimile: 657 29$-5619
January 5, 2010
NOTICE OF VIOLATION
Tim Moreao
Pro Stop
543 Cleveland Avenue North
St. Paul, MN 55114
Civil Oivisian
400 City Hall
75 West Kellogg Blvd.
SarntPaul, Minnesota 55f02
RE: All licenses held by Midway Fuel, Inc, d/b/a Pro Stop for the premises located at 543 Cleveland Avenue
North in Saint Paul
License ID #19970000053
Dear Mr. Moreno:
The Department of Safety and Inspections (DSn will recommend adverse action against all licenses held
by Midway Fuel, Inc. d/b/a Pro Stop for the premises located at 543 Cleveland Avenue North in Saint PauL The
basis for the recommendation is as follows:
On October 29, 2009, the Department of Safety and Inspections (DSI) - Environmental Health
Division conducted an inspection of your establishment and cited you for one ((1) CRI'I'ICAL -
Major violation — Sandwich Cooler: The mechanical equipment is holding potentially
hazardous foods at temperatures over 41 degrees Fahrenheit (the sandwich coo[er is running at
about 47° F. Infrared thermometer used to take temperature of factory-wr¢pped sandwiches.
Sandwiches were temped at 50-52° F).
On October 30, 2009, you were sent a Notice of New Critical Violations regarding this violation
and stating that it needed to be corrected. You were then informed that a re-inspection would
take place on or after November 28, 2009.
On December 2, 2009, the Environmental Health Division of DSI conducted a re-inspection and
cited you for the same CffiTICAL -Major violation that had not been correct by the November
28, 2009 deadline • Sandwich Cooler: The mechanical equipment is hold potentially hazardous
foods at temperatures over 41 degrees Fahrenheit (the sandwich cooler is running atabout 50°F.
The thermometer read 40°F but the temperahsre of factory-wrapped sandwiches taken with
infrared thermometer was 50-52 F. Internal temperature of a container of mayo was 50°F).
This is a violation of Minnesota Administra6ve Rules part 4626.0395: "Provide adequate,
approved mechanical refriger¢tion to maintain cold potentially hazardous foods at 4I degrees
Fahrenheit except during preparation, cooking or cooling."
10-245
Pro Stop
January 5, 2010
Page 2
As a result, ger Saint Paul L,egislative Code §310.05 (m) (9), the licensing office will recommend a$200.00
matrix penalty.
At this time, you have three opuons on how to proceed:
1. You can pay the recommended $200.00 matrix penalty. If this is your choice, please send the payment to
the Department of Safery and Inspections (DSn at 375 Jackson Street, Ste. 220, St. Paul, Minnesota
55101-1806 no later than Friday, January 15, 2010. Payment should be directed to the attention of
Chrisrine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $200.00
matrix penalty will be considered a waiver of the hearing to which you are entided.
You will also need to contact Kim Carlton Environmental Health Snecialist at (651) 266-8989 to
schedule a re-insnection in order to verifv that the viola8on has been corrected if the violation has not
2, If you wish to admit the facts hut 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 the facts and requesting a public
hearing. We will need to receive your letter by Friday, January I5, 2010. The matter will then be
scheduled before the City Council for a public hearing to deternune whether to impose the $200.00 matrix
penaity and license suspensions. You will have an opportunity to appear before the Council and make a
statement on your own behalf.
3. Tf 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 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 Friday, 3anuary 15, 2010, 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 $200.00 matrix penalty and ►icense suspensions. 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 266-8710.
Sincerely,
�
�� � - ���� `����
Virginia Palmer
Assistant City Attorney
cc Christine Rozek, Deputy Director of DSI
Bill Gunther, Environmental Health Manager
Tim Moreno, P.O. Box 64110, St. Paul, MN 55164-0110
Renee Lepreau, Community Organizer, St. Anthony Park Community Council
890 Cromwel] Avenue, St. Paul, MN 55114-1599
STATE OF MINNESOT
� ss. AFFIDAVIT OF Sb,�.JICE SY U.S. MAIL
COUNTY OF RAMSEY )
io-zas
Julie Kraus, being first duly sworn, deposes and says that on the „���1 day of
January, she served the attached NOTICE OF VIOLATION by placing a true and correct copy
thereof in an envelope addressed as follows:
Tim Moreno
Pro Stop
543 Cleveland Avenue North
St. Paul, MN 55114
Tim Moreno
P.O. Box 64110
St. Paul, MN 55 1 64-0 1 1 0
Renee Lepreau, Community Organizer
St. Anthony Park Community Counci]
890 Cromwell Avenue
St. Paul, MN 55114-1599
(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
J
(
Ju 'e Kraus
Subscribed and sworn to before me
this .�7� _day of January, 2010
�,j';�� - /�'ry �.����(
Notary Public
RITA M. BOSSARD
rpTAilY Pl7BLIC - MIN�SOTA
MY COMAqSS�ON
D(PIRES JAN 31, 2 D 7 0
`(2/23J2010) ,7ulie kraus - Re: ProStop�& Pappy's Fish & C�iicken � � �'� ��� � � � � � � - � Page 1 ��
From; Kim Carlton
To: Kraus, Julie
Date: 2/23/2016 2:14 PM
Suhject: Re: ProStop & Pappy's Fish & Chicken
CC: Gunther, Wiiliam
I checked Pro Stop today. Their cooler is running at 58F (the thermometers read 40 and 46). The mayo
and ketchup had '+nternal temps of 58F, and the surface temp of the Deli Express sandwiches ranged from
59-65.
So, they're not in compliance.
»� Julie Kraus 2(22/2010 5:05 PM »>
Kim:
Hate to be a pest, but any word on ProStop and Pappy's Fish & Cfiicken re-inspections?
7ulie Kraus
City of Saint Paul
City Attorneys Office
(651)266-8776
(1/13%2010) Julie Kraus - Fine Paid � 10-245 Pa9e � I
From: Annette Waid
To: Fulfer, Margaret; Kraus, Julie; Palmer, Ginger; Rozek, Christine; Sc...
Date: 1/13/2010 9:10 AM
Subject: Fine Paid
:: �.,,:=.].-. _ ..
$200.00 Rcvd from Midway Fuel, Pro Shop - 543 Cleveland Ave. N
io-zas
i
:��
4626.Q395
4626.0395 3-501.16 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 hazardous 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.I1; 144.05; 144.08,- 144.12,- 157.011
History: 23 SR 519
Posted: October 11, 2007
Copyright Cc�2009 by ihe Revisor of Statutes, State of Minnesota. All Rights Reserved.
Chapter 310. Uniform Licen� 'rocedures Pag e7
(m) Presumptive pena/ties for certain vrolations. The purpose of this sect+on 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 shail apply to afl ficense types, except that in
the case of a violation invo4ving a liquor �icense § 409.26 shall apply where a specific viofation is
listed. fn the case of an adverse action filed for a viofation of chapter 331A, the licensee shafi be
given a fine for each individual violation of § 33'IA. The total fine amount for violations ofi § 331A
may exceed the maximum fine outlined befow due to multipfe violations in one (1) appearance.
Ail 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.
TABLEINSET:
Appearance
Type of Violation
1 st 2nd 3rd 4th
(1) Violations of conditions $500.00 fine $1,000.00 $Z,000.00 fine Revocation
placed on Yne license fine and 10-day
suspension
(2) Violation of provisions of $2,000.00 fine
the legislative code relating $500.00 fi�e $1,Q00.00 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 suspe�sion suspension suspension
DSI inspector or police
(5) Commission of a crime
other than a fefony on the $700.00 $1,500,QQ 5-day Revocation
premises by a licensee or suspension
employee
(6) Commission of a felony
o� the premises by a $2,000.�0 Revocation n/a nfa
licensee or emplayee
(7) Death or great bodily 3�-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} Criticai violations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(10) Non-critical violation $�50.00 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payab(e withouf hearing .
Chapter 3] 0. Uniform Licen� 'rocedures
Pag e2 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 viofation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fine amount.
Payment of the recommended fine wili 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 lnspections 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 entitled, and will be considered an
"appearance" for the purpose of determining presumptive penaities for
subsequent violations. A non-critical violation under chapter 331A shall 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) Multiple violations. At a licensee's first appearance before the city councii, the
council shall consider and act upon a11 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 penalties 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 ail other cases, vioiations 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 fiourth 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 331 A.
(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
10-245
Page 3 of 3
for violations listed in paragraph (m) or section 409.26, and if said licensee agai�
appears before the councii for a violation listed in paragraph (m), and if the
current violation occurs within eighteen (18) cafendar 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 penalty.
(3) If a licensee has appeared before the counci! 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-fiour (24)
calendar 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 twenty-four
(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 counci� 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
appearsnce for the same sha11 be counted as a third appearance regardless of
how much time has passed since the first or second appearance.
(Code 1956, § 51�.05; Ord. No. 17551, § 2, 4-19-88; Ord. fVo. 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. OS-180, § 1, 4-6-05; C.F.
No. 06-954, § 1, 11-8-06; GF. 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)