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10-432Council F51e # 10-432 Green Sheet # � rj � Presented by RESOLUTION SAINT �UL, MINNESOTA �' 1 WFIEREAS, adverse action was taken against all licenses held by Taste of Thailand Restaurant, 2 Inc. dibla Taste of Thailand Restaurant (License ID#0071341) for the premises located at 1671 Selby 3 Avenue in Saint Paul by Notice of Violation dated March 24, 201Q alleging licensee was cited for one (1) 4 CRITICAL-Minor and two (2) CRITICAL-Major Environmental Health Code violations which were not 5 corrected by the February 6, 2010 deadline; and 6 7 WHEREAS, the licensee did not respond to the Notice of Violation to arrange for a re-inspection, 8 but on April 14, 201Q an Environmental Health Inspector went to the establishment and found the licensee 9 in compliance; 10 11 WF3EREAS, although the licensed establishment was now in compliance, the licensee did not pay 12 the $625.00 matrix penalty assessed for the violations; and 13 14 WHEREAS, the Notice of Violation stated that if the licensee did not pay the $625.00 matrix 15 penalty by April 5, 2010, that the matter would be placed on the consent agenda to impose the 16 recommended penalty; now, therefore, be it 17 18 RESOLVED, that Taste of Thailand Restaurant, Inc. d/b/a Taste of Thailand Restaurant is hereby 19 order to pay a matxix penalty of $625.00 for the one (1) CRITICAL-Minor and two (2) CRTTICAL-Major 20 Environmental Health Code violations that were not corrected by the February 6, 2010 deadline. 21 Payment of such penalty shal] be made within thirty days of the date of the adoption of this resolution. Requested by Depaztment of: � G�i� �p�2.G�"� S BY� � Form oved by City A[torney BY r�n.� I U�l� Adoption Certified by Co cil Secretary BY� �%/�5�� Appro d by Date .� � �p(� By: � Form rov by ayor r mi n[o Council By: Adopted by Council: Date �f�����Jj,J 10-4 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � S � _ Dept. of Safety & Inspections ,� q6 APR 2010 '� Contact Person 8 Phone: �� Rachel Tiemev ,. 266-8710 ; Must Be on Council Agenda by (D te): ' �... 28-APR-10 � C� A C hl'�"� � j Doa Type: RESOLUTION I '� E-Document Required: Y ; Document Contact: Julie Kraus �I Contact Phone: 266-8776 Green Sheet NO: 3107196 � �` Assign Num6er For ! Routing Order I 0 1 2 3 4 5 , � DeoarmieutDirector ' CStvAttnrnev . ' Mayor/Aasistant 1 _ . /l� CtityCouncil � � V ' GSri Clerk ; ToWI # of S Pag _(Clip A Lo cations for Signature) Adion Requested: Approval of the attached resolution to take adverse action against the Taste of Thailand Restaurant, Inc. d/b/a Taste of Thailand Restaurant (License ID#0071341) for the premises located at 1671 Selby Avenue in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission . _. CIBCommittee Givil Service Commission Personal Service Contracts Must Answer the Following questions: 1. Has this person/firm 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 nottnally possessed by any current city employee� Yes No F�cplain all yes an5wers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee was cited for one (1) Critical-Minor and two (2) Critical-Major Environmental Health Code violarions that had not been corrected by the February 6, 2010 deadline. After notification licensee did not respond to the Notice of Violatioa However, the premises was inspected by DSI and found to be in compliance, but the licensee has not paid the $625.00 matrix penalty. Advantages If Approved: Imposition of $625.00 matrix penalty. Disadvantages If Approved: Disadvantages If Not Approved: ToWI Amount of TransaMion: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: April 16, 2010 9:59 AM Page 1 10-432 SAINT PAUL � IIIIAA CITY OF SAINT PAUL Chnstopher 8. Coleman, Mayor OFFICE OF THE CTTY ATTORNEY John J. Choi, CiryAttomey Telephone: 651 266-87 7 0 Facsimile: 651298-5679 March 24, 2010 NOTICE OF VIOLATION Lamphay Phetphrachan Taste of Thailand Restaurant 1671 Selby Avenue St. Paul, MN 55104 Civil Division 400 City Hal! 15 West Keliogg Bivd. Saint Paul, Minnesota 55102 RE: All licenses held by Taste of Thailand Restaurant, Inc. d/b/a Taste of Thailand Restaurant for the premises located at 1671 Selby Avenue in Saint Pau] License ID #0071341 Dear Lamphay Phetphrachan: The Department of Safety and Inspections (DSI) will recommend adverse action against all licenses held by Taste of Thailand Restaurant, Inc. d/b/a Taste of Thailand Restaurant for the premises ]ocated at 1671 Selby Avenue in Saint Pau1. The basis for the recommendation is as follows: On January 7, 2010, the Department of Safety and Inspections (DSI) - Environmental Health Division conducted an inspection of your establishment and cited you for two (2) Critical —Minor violations one of whfch was: Refrigerator ready-to-eat has not been consumed or discarded within 7 calendar days (containers of sauces and other prepared foods dated IO/l8/09, I2/22/09, 12/26/09 and I2/27/09 found in the coolers when inspection was conducted on I/7/IO) and four (4) Critical-Major violations two of which were; 1) Cold food not maintained at 41 degrees Fahrenheit or less (fried tofu, cooked rice, softened rice noodles, bean sprouts were stored at temperatures of 67°— 68°F); and 2) Potentially hazardous foods are not being cooled within the required time period (a pot of red curry sauce was sitting on the wok area at 66° F. Another container was on a table at 72° F¢nd it had been there °�cooling" for four or five hours according to employees). On January 8, 2010, you were sent a Notice of New Critical Violations listing these violations and stating that they all needed to be corrected. You were then informed that a re-inspection would take place on or after February 6, 2010. Affirmative Action Equal Opportuuity Employer 10-432 Taste of Thailand Restaurant March 24, 2010 Page 2 On February 11, 2010, the Environmental Health Division of DSI conducted a re- inspection and cited you for the same CRITICAL — Minor violation: Refrigerator ready-to-eat has not been consumed or discarded within 7 calendar days (containers of sauces and other prepared foods dated I/3I/I D and 2/2/ZO were found in the coolers when re-inspection was on 2Jll/IO) and two (2) CRTTICAL — Major violations that had not been corrected by the February 6, 2010 deadline: 1) Cold food not maintained at 41 degrees Fahrenheit or less (fried tofu, softened rice noodles, bean sprouts were stored at temperatures of 60°— 62°F�; and 2) Potentially hazardous foods are not being cooled within the required time period (a pot af soup was sitting on a shelf at 93 ° F, it had been there since the morning when the inspection was at 2:30 p.m. The ownerstated that it was for her and the employees, bul all food on the premises needs to be handled according to the food code). These are violations of Minnesota Administrative Rules nart 4626.0385: "Cool potentially hazardous food: I. From I40 degrees Fahrenheit to 70 degrees Fahrenheit within lwo hours; and 2. From 70 degrees Fahrenheit to 4l degrees Fahrenheit or below within four hours to prevent microbiad growth in the food." Minnesota Administrative Rules Uart 4626.0395: "Maintain all cold potentially hazardous foods at 4I degrees Fahrenheit or below under mechanical refrigeration, to prevent bacterial growth and/or toxin production." and Minnesota Administrative Rules aart 4626.0405: "Discard all refrigerated, ready-to-eat, potentially hazardous food prepared in the establishment which has not been consumed within 7 calendar days from the date of preparation." As a result, per Saint Paul L,egislative Code §310.05 (m) (9), the licensing office will recommend a $625.00 matrix penalty for the three violations. At this time, you have three options on how to proceed: L You can pay the recommended $625.00 matrix penalty. If this is your choice, please send the payment to the Department of Safety and Inspections (DSn at 375 Jackson Street, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Monday, April 5, 2010. 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 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 (651) 266-8989 to schedule a re-inspection in order to verifv that the three violations have been corrected if the violations have not been corrected, the matter will then be placed on the Citv Council Consent Agenda for suspension of vour licenses. 2. If you wish to admit the facts but contest the penalty, you may have a public hearang before the Saint Paul City Council, you wil] 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, April 5, 2010. The matter wil] then be scheduled before the City Council for a public hearing to determine whether to impose the $625.00 matrix penalty and license suspensions. You will have an opportunity to appear before the Council and make a statement on your own behalf. 10-432 Taste of Thailand Restaurant March 24, 2010 Page 3 3. If you dispute the above facts, you can request a hearing before an Administrative L,aw Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross- examine each other's witnesses. The St Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, Apri15, 2010, and I will take the necessary steps to schedule the administrative heazing. If you have not contacted me by that date, I will assume that you are not contesting the imposition of the $625.00 matrix penalty and license 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, ^ � � ��i /v�'�� ���r.�t/� Virginia'D. Palmer Assistant City Attorney ca Christine Rozek, Deputy Directar of DSI Bill Gunther, Environmental Health Manager Shelly Lee, P,O. Box 1878, Burnsville, MN 55337 Roger Bromander, Exec. Director, Union Park District Council, 1570 Concordia Avenue, Suite LL100, Saint Paul, MN 55104 10-432 STATE OF MINNESOT ^ ` , ss. AFFIDAVIT OF SE_ ,"ICE BY U.S. MAIL COUNTY OF RAMSEY ) � 3ulie Kraus, being first duly sworn, deposes and says that on the d day of March, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Lamphay Phetphrachan Taste of Thailand Restaurant 167] Selby Avenue St. Paul, MN 55104 Shelly Lee P.O. Box 1878 Burnsville, MN 55337 Roger Bromander, Exec. Director Union Park District Council 1570 Concordia Avenue, Suite LL100 Saint Paul, MN 55104 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul. Minnesota. Julie Kraus Subscribed and sworn to before me this.�c y�'day of March, 2010 ` � ..� � - / � u.t�C�_ Notary Public � RITA M. BOSSARD rDiA�nPUBtJC�IR�L► � �ES�JAN.3 �t5 10-432 Chapter 370. tJniform Licen 'rocedures Page ] of 3 (m) Presumptive penalties for cerfain violations. 7he 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 shali apply to all license types, except that in the case of a violation involving a liquor license § 40926 shall apply where a specific viofation is listed. 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. Afl penaity 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 shali provide written reasons that specify why the penaity selected was more appropriate. TABLEINSET: 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 $150.00 $250.00 $500.00 $1,000.00 under 331A (i) Fines payab�e without hearing . 10-432 Chapter 310. Uniform Licen 'rocedures Page 2 of 3 A. Notwithstanding the provisions of sect+on 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 penalYies 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 outiined 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 penalties 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 vio/ations. At a licensee's first appearance before the city council, the council shall 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 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 befiore an administrative faw 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) Subsequenf 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 10-432 Chapter 310. Uniform Licen °rocedures Page 3 of 3 for violatio�s 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) 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 council on three (3) previous occasions, each for violations listed in paragraph (m) or section 409.26, and if said ficensee again appears before the council for a violation contained fn paragraph (m), and if the current violation occurred within twenty-four (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 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) 10-432 1 REVISOR 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 compiiance 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; 3111; 144.05; 144.08; 144.12; 157.011 History: 23 SR 519 Posted: October 11, 2007 Copyright c02009 by the Revisor of Statutes, Sffite of Minnesota. All Rights Reserved. 10-432 1 REVISOR 4626.0395 4626.0395 3-501.16 POTENTIALLY HAZARDOUS FOOD; HOT AND COLD HOLDING.* Except during prepazation, 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: MS s 31.101; 31.11; 144.05; 144.08; 144.12,- 157.011 History: 23 SR 519 Posted: October 11, 2007 Copyright 002009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 10-432 i REVISOR 4626.0405 4626.0405 3-501.18 READY-TO-EAT, POTENTIALLY HAZARDOUS FOOD; DISPOSITION.x A. A foad specified in part 4626.0400, item A, shall be discarded if not consumed within seven calendar days from the date of preparation, provided the food is maintained at 5 degrees C(41 degrees F) or less, except for those food products that are prepazed in a food package or container that is sealed, moisture impermeable, and previously unopened before preparation or handling. B, A food specified in part 4626.0400, item B, subitem (1) or D, subitem (1), shall be discarded if not consumed within 24 hours after thawing. C. A food specified in part 4626.0400, item B, subitems (2) and (3) or D, subitems (2) and (3), shall be discarded on or before the most recent date marked on the food container or package if the food is not consumed by that date. D. A food specified in part 4626.040Q item C, shall be discazded if not consumed within seven calendar days after the date that the original container is opened, including the day the original container is opened, if the food is maintained at 5 degrees C(41 degrees F) or less. E. A food specified in part 4626.0400, item A, B, C, or D, shall be discarded if the food is: (1) marked with the date specified in part 4626.0400, item A, B, C, ar D, and the food is not consumed before the most recent date expires; (2) in a container or package that does not bear a date or time; or (3) inappropriately marked with a date or time that exceeds the date or time specified in part 4626.0400, item A, B, C, or D. Statutory Authority: MS s 31.101; 31.11; 144.05; 144.08; 144.12, 157.011 Aistorp: 23 SR 519 Posted: October 11. 2007 Copyright �2009 by Ihe Revisor of Statutes, State of Minnesota. All R�ghts Reserved.