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10-572Counc7 �le # � O ' �i 'L � Green Sheef # 3 ( �� RESOLUTION ��IVT PAUL, MINNESOTA !� Presented by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, adverse action was taken against all licenses held by Yia Khang d/67a Subway (License ID#20020005258) for the premises located at 897 Arcade Street in Saint Paul by Notice of Violation dated May 6, 2010, alleging licensee was cited for one (1) CRITICAL-Major Environmental Health Code violation that had not corrected by the March 28, 2010 deadline; and WHEREAS, the licensee did not respond to the Notice of Violation to pay the $250.00 matrix penalty and arrange for a re-inspection; and WHEREAS, the Notice of Violation stated that if the licensee did not pay the $250.00 matrix penalty and arrange for a re-inspection by May 17, 2010, that the matter would be placed on the consent agenda to impose the recommended penalty; now, therefore, be it RESOLVED, that all licenses held by Yia Khang d/b/a Subway are hereby suspended and the licensee is ordered to pay a matrix penalty of $250.00 for the one (1) CRTI'ICAL-Major Environmental Health Code violation that had not been corrected by the March 28, 201Q deadline. Payment of such penalty sha11 be made within thirty days of the date of the adoption of tbis resolution. Adoption ed u cil Secretary B Approv d r: Date l¢ ZO (o By: Requested by Departrnent of: �-e��Ce�, r.�_ �,o�.�ms sy. �,-1,�,�,��_� Form roved by City Attorney By: � - Form A rov May � Sub nission to Council By: Adopted by Council: Date ��/�'� o J{� ��- 5�2 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � SI — Dept. of Safety & Inspections ! , 24MAY2010 i Green Sheet NO: 3112756 Contact Person & Phone: Rachel Tiemev 266-8710 Must Be on Councii Agenda by (Da1 o2JUN-10 ����� Doc. Type: RESOLUTION E-DocumentRequired: Y Document Contact: �ulie Kraus Contact Phone: 266-8710 � I 0 pept of Safety & Insoeciions I�� I I Dept of Safety & Inspections I I Dewartment Direetor � Assign Z �tyAttomev I CityAttomey Number � 3 • a or's Office I Mavor/Assistaot I For � Routing � 4'Council i CStyCoaucil i O�der i 5 GSlvClerk CityClerk i C�� TMaI # of Signature Pages �_ (qip Ai� Locations for Signature) Approval of the attached resolution to take adverse action against all licenses held by Yia l{hang d/b/a Subway (License ID #200200Q5258) foi the premises Located at 897 Arcade Sheet in Saint Paul. Recommendations: Approve (A) or Rejecf (R): Planning Commission CIB Commitlee CWiI Service Commission Personal Service Controcts Must Answer the Followi�g Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separete 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 violation that had not been corrected by the March 28, 2010 deadline. After notification, licensee did not respond to [he Norice of Violation to pay the $250.00 matrix penalty and arrange for a re-inspection. AdvanWges If Approved: License suspension and 'unposition of $250.00 matrix penalty. DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial lnformatiun: (Explain) CosURevenue Budgeted: Activity Number: May 24, 2010 10:15 AM Page 1 ��o- ��z $AINS PAUL � AAAA CITY OF SAINT PAUL Chnstophe� 8. Coleman, Mayor OFFICE OF THE CITY ATTORNEY Gerald T. Hendnckson, CifyAttomey Telephone: 657 266-87f 0 Facsimile: 657 298-5619 May 6, 2010 NOTICE OF VIOLATION Yia Khang Subway 897 Arcade Street St. Paul, MN 55106 Civil Division 400 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55f02 RE: All licenses held by Yia Khang d/b/a Subway for the premises located at 897 Arcade Street in Saint Paul License ID #20020005258 Dear Yia Khang: The Department of Safety and Inspecuons (DSI) will recommend adverse acfion against all licenses held by Yia Khang d/b/a Subway for the premises located at 897 Arcade Street in Saint Paul. The basis for the recommendarion is as follows: On February 26, 2010, the Department of Safety and Inspections (DSI) - Environmental Health Division conducted an inspection of your estabiishment and cited you for two (2) Critical-Minor and one (1) Critical-Major Environmental Health code violation which was: Handwashing lavatories are not accessible for use, convenient or of suf6cient number (hand � sirck inaccessible — pans stored on top of sink). On March 3, 2010, you were sent a Notice of New Critical Violations listing these violations and stating that they needed to be corrected. You were then informed that a re-inspection would take place on or after March 28, 2010. On Apri16, 2010, the Environmental Health Division of DSI conducted a re-inspec6on and cited you for the same CRITICAL — Major violation that had not been corrected by the March 28, 2010 deadline: Handwashing lavatories are not accessibte for use, convenient or of sufficient number (hand sink inaccessible — meat slicer and two food containers on hand sink). This is a violation of Minnesota Administrative Rules part 4626.1110: "Handwashing lavatory must be accessible to employees at aIl times. Do not store ite�ns in, on or near the handwashing lavatnries." As a result, per Saint Paul L.egislative Code §310.05 (m) (9), the licensing office will recommend a$250.00 matrix penalty. eff;�.,,a�;.,< e�r�,... F,.�,�i n,,,,,,.n,,,:.., �..,..i,,.,<. 1�-5�2 Subway May 6, 2010 Page 2 At this time, you have three options on how to proceed: You can pay the recommended $250.00 matrix penalty. If this is your choice, please send the payment [o the Department of Safety and Inspections (DSI) at 375 Jackson Street, Ste. 22Q St. Paul, Minnesota 55101-] 806 no later than Monday, May 17, 2010. Payment should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Paymen[ of the $250.00 matrix penalty will be considered a waiver of the hearing to which you aze entitled. You will also need to contact Mark Kaisersatt. R.S. Environmental Health 5uecialist at (651) 266-1908 to schedule a re•inspection in order to verifv that the violation has been corrected. If the violation has not been corrected at that time, the matter will then be ulaced on the Citv Council Consent A¢enda 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 City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We wil] need to receive your letter by Monday, May 17, 2010. The matter will then be scheduled before the City Council for a public hearing to determine whether to impose the $250.00 matdx 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 AdminisVative Law Judge. At that hearing both you and the City will be able to appeaz and present wimesses, 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, May 17, 2010, and I will take the necessary steps to schedule the administrarive hearing. If you have not contacted me by that date, I will assume that you are not contesting the imposition of the $250.00 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 fee] free to contact me at 266-8710. Sincerely, � e Rachel Tiemey Assistant City Attomey cc: Christine Rozek, Depury Director of DSI Bill Gunther, Environmental Health Manager Yia Khang, 731 Hiawatha Avenue, Vadnais Heights, MN 55127 Leslie McMurray, Exec. Director, Payne Phalen Dish 5 Planning Counci] 506 Kenny Road, Ste. 130, St. Paul, MN 55130 Affirmative Actinn Fm�al (lnnnrtnnitv Fmninver STATE OF MINNESOT "' , ss. COUNTY OF RAMSEY ) �n - 5�'z- AFFIDAVIT OF SE._ ✓ICE BY U.S. MAIL Julie Kraus, being first duly swom, deposes and says that on the � day of May, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Yia Khang Subway 897 Arcade Street St. Paul, MN 55106 Yia Khang 731 Hiawatha Avenue Vadnais Heights, MN 55127 L,eslie McMurray, Exec. Director Payne Phalen District 5 Planning Council 506 Kenny Road, Ste. 130 St. Paul, MN 55130 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. . �— Ju ' Kraus Subscribed and sworn to before me this �day of May, 2010 /�'' i N azy Public RITA M. BOSSARD NOTARY PUBLIC • MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2015 > (r > > r > > Y > r r > > � � � � � m � � c+7 Q 0 y M � d � a� � m � a C � 0 fl. d � .� d � � � � O � v Z R Q N m C 0 � F" i d � Y N 3 U a w J N �' N Z' c': 0 � � > > > � > > Q Q Q U Q Q � '.o �� o 0 0 0 0 0 � � � � Z o 0 o m o 0 � �" � N N N O O O x N N N � W 0 �n � ir� m�n u� a r�' a� F —� { ¢ •- o �' cn � ¢ m < F o m � � Cn f m N m W f C�A o C�1 � i y v� m m Q � N M �� R � N CJ � � ! N � Q O N � � � � � rn a � m � °°"^ o N �¢. U p� o 0 U " p G E c E E c d� m� m m m m m � a � a a � " (O T N N� N N� N t9 'O Q Q� IL Q� m� LL N �t1 ifl � t�fJ t� h CJ N ry t� N N� N ��(J ��(l N N J G S N T O O O T O O O�� E �. 4. O O O d O O O J � Q d N C C y.T- .-T. C ~� E m m a�i � a�'i m a"�i m �a m E ~ m m m m m m m m m a�i a�i m arncnrnarnmv�aaad O O O O O O O O O O O O O O O O O O O O O O O O Q C O O O O O O O O O O O O o_ N N � C m � 0 0 o � � Q� � � m � , � � o p M m � � rn v � � o o ° o ° o ° o o ° o ° o Q'� N(�O 1� O OJ OJ O �rj N � � N � N N � � m � � � � ����o�ma��� — 7(O O C� N N O] W 7 N 0� (Q >• t�J C) N W� O oJ o] c`J N c0 y � Y [ ( c�o � ^ t � m rn rn rn N M m c Y � 4� �. N � � � � � � m � O � � � � � v o� � `m � ��' o rn o � rn o � �Y v �o v O Z Cn � � t�7 � ��Il c�+l � 7 � Q � U Q = a� o� co � � w w o n n `L �' �` u v v c�o v v� rn � Q O Y N N N l�O c0 CO n r n pj ��. C � c0 m cD m CD (O (D cD (O Q f O �` � I� w m m m rn rn rn rn rn rn rn e- � lfl o 0 o O o 0 o O o o O O o Y a � o 0 0 0 0 0 0 0 0 0 0 0 N C O x... N N N N N N N N N N N N N � N ~ 0 N N( t0 N O c�D c0 N� I� N � d N � O O O� O O O � N a� � V c R m m c 7 U a d e 0 N 3 U O 0 � ° v_ n O O � 0 � � iii N � m a R � Y H a C L � ��-S�'�.. \o- 5a'2- Page 1 of 1 7ulie Kraus - Re: Subway (897 Arcade Street) From: Mark Kaisersatt To: Kraus, Julie Date: 5/24/2010 8:40 AM Subject; Re: Subway (897 Arcade Street) Hi Julie. No response from licensee, put it on the agenda. Mark »> Julie Kraus 5/21/2010 1122 AM »> Mark: The deadline for Yia Khang d/b/a Subway (License ID#20020005258) to pay the EH violation fee and schedule a re-inspection was last Monday (5/17/2010). I see on BART that the $250.00 fine has not been paid. Have you received a call for re-inspection or are you planning to go out soon to re-inspect? If you are, I will hold off on putting this on the Council agenda for license suspension until I hear from you. Thanks Julie Kraus City of Saint Paul City Attorneys Office (651)266-8776 file://C:�Documents and SettingsUcraus�I,ocai Settings\Temp�XPgrpwise\4BFA3B76maild... 5/24/2010 Chapter 310. Unifoim Licerr 'rocedures ta-S�Z Page 1 of 3 (m) Presumptive penalties for certain vrolations. The 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 shall apply to all license types, except that in the case of a violation involving a liquor license § 409.26 shall apply where a specific violation 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. All 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 substantiaf 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 penalty selected was more appropriate. TABLE INSET: Appearance Type of Violation 1 st 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 $500.00 fine $1,000.00 $2,000.00 fine Revocation the legislative code relating fine and 10-day to the licensed activity 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 DSI inspector or police suspension (5) Commission of a crime other than a felony on the $700.00 $1,500.00 5-day Revocation premises by a licensee or suspension employee (6) Commission of a felony on the premises by a $2,000.00 Revocation nta n/a licensee or employee (7) Death or great bodily 30-day 60-day harm in establishment suspension suspension Revocation n/a refated to violation ofi 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 (1Q) Non-critical violation $150.00 $250.00 $500.00 $1,000.00 under331A (i) Fines payable without hearing . 1_u .//l.l i �] _/AA^/�l/T__t)• lin/��il'l/��nini�ni'i.. .��� Chapter 310. Uniform Licen 'rocedures to-S�� Page 2 of 3 A. Nohvithstanding 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 lnspections without a council hearing, unfess 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 fne 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. 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 Iess 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 penalties for subsequent violations. A non-critical violation under chapker 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 +s an upward departure for the amount outlined above. (ii) Multiple violations. 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 shali 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 affer 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 lice�see 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) Subsequent 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 � Chapter 310. Uniform Licen 'rocedures �°�Saz. Page 3 of 3 for violations 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) calendar months of the violation that gave rise to the first appearance before the council, then the current appearance shalV 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 licensee again appears before the council for a violation contained in 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, § 510A5; 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) �d-sa � REVISOR 4626.11 10 4626.1110 5-205.11 USING HANDWASHING LAVATORY. A. A handwashing lavatory shall be maintained so that it is accessible at all times for employee use. B. A handwashing lavatory shall not be used for purposes other than handwashing. 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 �2009 by the Revisor of S[atu[es, State of Mmnesota. All Rights Reserved.