CR 09-091 License RevocationOctober 27, 2009 ia Council Report 2009 -091
LICENSE REVOCATION
Proposed Action
Staff recommends adoption of the following motion: Move to approve the revocation of
the Food Establishment License for Jack Yee's Restaurant located at 1016 Mainstreet
due to the reasons set out in this report.
Overview
On August 17, 2009 Larry Myers, the City's Environmental Health Specialist, conducted
an inspection of Jack Yee's Restaurant on 1016 Mainstreet.
Seventeen violations were noted, seven of them critical. Due to the severity of the
violations, Jack Yee's was ordered closed until the violations were corrected. As of this
date, the violations have not been corrected and the owner of the restaurant, Sam
Cheung Lau has made no effort to contact Mr. Myers or the City.
On September 24 it was brought to the City's attention that Jack Yee's was open. An
"Unlawful To Do Business" posting was placed on the door of the restaurant. On
October 14 Jack Yee's was again open in violation of the order. A citation was issued
on October 16. On October 19, Jack Yee's again opened in violation of the order.
Another citation has been issued.
Staff is now recommending that the Food Establishment License for Jack Yee's
Restaurant be revoked.
Primary Issues to Consider
What were the reasons for closing Jack Yee's Restaurant?
What are the reasons for revoking the food license for Jack Yee's
Restaurant?
• What is the process for revoking a City license?
Supporting Information
Food and Beverage Establishment Inspection Report
Notice of License Revocation Hearing
es Genellie
imunity Services Director
Council Report 2009 -091
Page 2
Primary Issues to Consider
What were the reasons for closing Jack Yee's Restaurant?
In order to maintain a Food Establishment license in the City of Hopkins, a food
establishment has to abide by the rules outlined in the State of Minnesota Food Code
Chapter 4626 as well as Section 600 of the Hopkins City Code.
An inspection of Jack Yee's Restaurant, 1016 Mainstreet, was conducted on August 17,
2009 by Larry Myers, the City's Environmental Health Specialist. During the course of
that inspection seventeen violations were noted, seven of them listed as critical. The
critical items generally concerned either cleanliness or the proper storage of food. A
number of these items were simply maintenance items and would not have been
expensive to address. A copy of the report is attached.
Unfortunately, the owner of Jack Yee's Restaurant has chosen not to comply with the
orders issued. He has not even tried to work with the City by contacting Mr. Myers and
establishing a plan to address the violations. Instead he has repeatedly reopened the
restaurant in violation of the order to close.
What are the reasons for revoking the food license for Jack Yee's Restaurant?
Staff is recommending that the food license be revoked for the following reasons:
1. The owner of Jack Yee's restaurant conducted this licensed activity in such
manner as to constitute a menace to the health, safety and welfare of the public
by operating the restaurant with critical food safety violations.
2. The owner operated the restaurant in violation of Section 600 of the Hopkins City
Code and Chapter 4626, the Minnesota Food Code, in relation to cleanliness
and food safety.
3. In operating the restaurant the owner failed to continuously comply with all
conditions as precedent to the approval of the license specifically not complying
with the food standards as set out in Chapter 4626, the Minnesota Food Code.
4. The owner repeatedly reopened the restaurant in express violation of orders to
remain closed from the Environmental Health Specialist and the Building Official.
Council Report 2009 -091
Page 3
What is the process for revoking a City license?
According to Section 1005.21 of the Hopkins City Code, a license can be revoked for,
among other reasons:
c) conducting this licensed activity in such manner as to constitute a breach of the peace,
or a menace to the health, safety and welfare of the public, or a disturbance of the
peace or comfort of the residents of the city, upon recommendation of the city health
authorities or other appropriate city official;
f) violation of any regulation or provision of this code applicable to the activity for which
the license has been granted, or any regulation or law of the state so applicable;
g) failure to continuously comply with all conditions required as precedent to the
approval of the license.
Prior to revoking a license, a hearing must be held by the City Council.
1005.23. Hearin . A license may not be suspended or revoked until after a hearing is granted to
the licensee. The hearing is held before the city council upon due notice to the licensee stating the time
and place of such hearing, together with a statement of the violation alleged to be the cause for the
revocation or suspension of the license.
A notice was sent to the owner of Jack Yee's on October 23 notifying him of the hearing
on November 4.
Alternatives
1. Revoke the license of Jack Yee Restaurant.
2. Take no action. Jack Yee's will still have to come into compliance with all rules
and statutes before it can legally reopen.
Staff recommends Alternative #1
City of Hopkins
Environmental Health
1010 First Street South
Hopkins, MN 55343
952- 548 -6326
Type: Full Food and Beverage Establishment Page I
Date: 08117109
Time: 20:06:01 Inspection Report
Report: 2301091023
Location: Establishment Info:
Jack Yee's Restaurant M #: 0384
1016 Mainstreet Risk: High
Hopkins, MN 55343 Announced Inspection: No
Hennepin County, 27
_ _ Operator:
License Categories: - - -
Sam Lau
Phone #:
Expires on: 06/30/10 ID #:
- - -- --- - - - - --
The violations listed in this report include any previously issued orders and deficiencies identified
during this inspection. Compliance dates are shown for each item.
The following orders were issued during this inspection.
1 -100 Food Manager Certification
1- 101.01MN * *Critical ltem **
MN Rule 4626.2010 Employ one full -time State certified food manager for the establishment.
This is an issue that has not been corrected in over 3 years
Comply By: 08131109
2 -300 Personal Cleanliness
2-301.12 ** Critical Item
MN Rule 4626.0070 Food employees must wash their hands at the handwash sink in the food preparation
area by vigorously rubbing together their soap lathered hands and arms for at least 20 seconds, scrubbing
underneath the fingernails with a fingernail brush, and rinsing with clean water.
no hand washing sink available and no evidence f proper hand washing
Comply By: 08117109
3 -300B Protection from Contamination: cross - contamination, eggs
3- 302.11E ** Critical Item **
MN Rule 4626.0235 Separate raw animal foods during storage, preparation, holding, and display from
cooked ready -to -eat foods.
raw meat stored with cooked meat in walk -in cooler
Comply By: 08117109
Type: Full Food and Beverage Establishment Page 2
Date: 08117109
Time: 20:06:01 Inspection Report
Report: 2301091023
Jack Yee's Restaurant
3 -500A Microbial Control: cooling
3- 501.14A ** Critical Item **
MN Rule 4626.0385 Cool cooked potentially hazardous food:
1. from 140 degrees F (60 degrees C) to 70 degrees F (21 degrees C) within two hours; and
2. from 70 degrees F (21 degrees C) to 41 degrees F (5 degrees C) or below, within four hours to prevent
microbial growth in the food.
fried rice held at room temperature (60 deg F)
Comply By: 08117109
3 -500C Microbial Control: date marking
3- 501.17A ** Critical Item **
MN Rule 4626.0400 Mark the date of preparation on all refrigerated, ready -to -eat potentially hazardous
food prepared in the food establishment and held for more than 24 hours. This will help ensure the food is
consumed by the "use by" date, which is 7 days from the date of preparation including the date of
preparation.
no dating of items
Comply By: 08117109
4 -600 Cleaning Equipment and Utensils
4- 602.11A * *Critical ltem **
MN Rule 4626.0845 Clean and sanitize food contact surfaces of equipment and utensils:
1. before each use with a different type of raw animal food;
2. each time there is a change from working with raw foods to working with ready to eat foods;
3. between uses with raw fruits and vegetables and potentially hazardous foods;
4. before using or storing a food temperature measuring device;
5. at any time during the operation when contamination may have occurred.
slicer is not clean and the facility has no method of properly sanitizing equipment
Comply By: 08131109
4 -700 Sanitizing Equipment and Utensils
4- 703.11 ** Critical Item **
MN Rule 4626.0905 Sanitize food contact surfaces of equipment and utensils after cleaning using one of
the following methods:
A. Immersion for at least 30 seconds in hot water maintained as specified by rule;
B. Using mechanical hot water operations that achieve a utensil surface temperature of 160 degrees F (71
degrees Celsius) and are set up and maintained in accordance with the specifications of NSF International
and the manufacturers data plate.
C. Using an approved chemical sanitizer in manual or mechanical operations for 10 seconds for chlorine and
30 seconds for all other chemical sanitizer or an exposure time used in relation with a combination of
temperature, concentration and pH.
dish machine is not working
Comply By: 08131109
Type: Full Food and Beverage Establishment Pa 3
Date: 08117109
Time: 20:06:01 Inspection Report
Report: 2301091023
Jac Yee's Restaurant
4 -200 Equipment Design and Construction
4- 201.I1B
MN Rule 4626.0505 Provide or replace food service equipment to meet NSF International Standards.
chest freezer in basement is not NSF approved
Comply By: 08131109
5 -200C Plumbing: Maintenance, filature location
5- 205.11A
MN Rule 4626.1110 Maintain access to handwash sinks at all times and do not use for other purposes other
than handwashing.
hand sink not working
Comply By: 08117109
6 -200 Physical Facility Design and Construction
6- 201.11
MN Rule 4626.1335 Install and maintain in good repair, floors, floorcoverings, walls, wall coverings and
ceilings to be smooth and easily cleanable.
kitchen
Comply By: 08131109
6 -200 Physical Facility Design and Construction
6- 202.11A
MN Rule 4626.1375 Provide effective shielding or shatter resistant bulbs for all light fixtures where there
is exposed food, clean equipment, utensils and linens, and unwrapped single - service or single -use articles.
basement and kitchen
Comply By: 08131109
6 -300 Physical Facility Numbers and Capacities
6- 303.11A
MN Rule 4626.1470 Provide at least 10 foot candles (110 LUX) of light intensity at a distance of 30 inches
from the floor in the walk -in refrigeration units, dry food storage areas, and in other areas during periods of
cleaning.
in kitchen
Comply By: 08131109
6 -500 Physical Facility Maintenance /Operation and Pest Control
6- 501.11
MN Rule 4626.1515 Maintain the physical facilities in good repair.
floors, walls and ceiling need attention
Comply By: 08131109
--- - -- - --
--;— ._._ i. :; ...:.:._..___:_.a:.
- s:::.:.. .. .- .:.- :.� ::.r. ,_ter::• -_�: -; - ��- .:,-= �•�-=" _ ... -a .:.
T Full Food and Beverage Establishment Pa 4
Date: 08117109
Time: 20:06:01 Inspection Report
Report: 2301091023
Jack Yee's Restaurant
6 -500 Physical Facility Maintenance /Operation and Pest Control
6- 501.114
MN Rule 4626.1580 Remove all unnecessary articles and litter from the premises which are not pertinent
to the current operation of the food establishment.
items in basement
Comply By: 08131109
6 -500 Physical Facility Maintenance /Operation and Pest Control
6- 501.12A
MN Rule 4626.1520 Clean and maintain clean all physical facilities.
floors, walls and ceiling are very dirty
Comply By: 08131109
6 -500 Physical Facility Maintenance /Operation and Pest Control
6- 501.14A
MN Rule 4626.1530 Maintain clean all intake, exhaust and air ducts and change filters so they are not a
source of contamination.
clean hood
Comply By. 08131109
8 -300 License to Operate
8- 399.99Z
Other:
close the establishment until all violations have been corrected and a re- inspection has been done
Comply By 08117109
Surface and Equipment Sanitizers
Chlorine: = 0 ppm at Degrees Fahrenheit
Location: sanitizing bucket
Violation Issued: Yes
Hot Water: = 145 at Degrees Fahrenheit
Location: women's restroom
Violation Issued: Yes
Food and Equipment Temperatures
Process/Item: Walk -In Cooler
Temperature: 41 Degrees Fahrenheit - Location: cooked meat
Violation Issued: No
Process /Item: Walk -In Cooler
Temperature: 39 Degrees Fahrenheit - Location: raw meat
Violation Issued: No
Type: Full Food and Beverage Establishment Pa s
Date: 08117109
Time: 20:06:01 Inspection Report
Report: 2301091023
Jack Yee's Restaurant
Process /Item: Hot Holding
Temperature: 155 Degrees Fahrenheit - Location: cooked rice
Violation Issued: No
Process /Item: Cold Line
Temperature: 38 Degrees Fahrenheit - Location: meashrimp
Violation Issued: No
Process/Item: Cold Line
Temperature: 68 Degrees Fahrenheit - Location: meat
Violation Issued: Yes
Total Critical Orders This Report: 7
Total Non - Critical Orders This Report: 10
NOTE: All new food equipment must meet the applicable standards of NSF International. Plans and specifications must
be submitted for review and approval prior to new construction, remodeling or alterations.
I acknowledge receipt of the City of Hopkins inspection report number
2301091023 of 08/17/09.
Certified Food Manager
Certification Number:
Expires: / /
Signed
Sam Lau
Owner
Signed-
Larry dyers, RS
Environmental Health Specialist
City of Hopkins
763 - 442 -4920
xcmyers @aol.com
Report #: 2301091023 Food Establishment Inspection Report
-Orb* City of Hopkins
Environmental Health
1010 First Street South
City Of Hopkin8 Hopkins, MN 55343
No. of RFIPHI Categories Out
6
Date 08/17/09
Time In 20:06:01
Time Out
No. of Repeat RFIPHI Categories Out
0
Legal Authority MN Rules Chapter 4626
Establishment
Jack Yee's Restaurant
Address
1016 Mainstreet
City /State
Hopkins, MN
Zip Code
55343
Telephone
License /Permit #
0384
Permit Holder
Sam Lau
Purpose of Inspection
Full
Est Type
Risk Category
H
FOODBORNE.ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS
Circle designated compliance status (IN, OUT, N/0, NIA) for each numbered item Mark'W' in appropriate box for COS and/or R
IN- in compliance OUT- not in compliance N/0= not observed N/A= not applicable COS - corrected on -site during inspection R- repeat violation
Compliance Status CO R
Compliance Status CO R
Demonstration of Knowledge
Potentially Hazardous Food TimefTemperature
1
IN COU31 N/A
I Certified food manager, duties
16
IN OUT N/A N/O
Proper cooking time & temperature
1 qCINDOUT
PIC knowledgeable; duties &oversight
17
IN OUT N/A (N/
Proper reheating procedures for hot holding
Employee Health
18
IN 0 NIA N/O
Proper cooling time & temperature
2
IN OUT
Manage a pol icy prese
19
IN UT N/A N/O
Proper hot holding temperatures
3
IN OUT
Proper use of reporting, restriction & exclusion
20
IN OUT N/A
Proper cold holding temperatures
Good Hygenic Practices
21 iN OU N/A N/O Proper date marking & disposition
2 IN OU N/A WO Time as a public health control; procedures & record
Consumer Advisory
4
IN OUT N/
Pro er eating, tasting, drinking, or tobacco use
5
i N OUT N/0
No discharge from eyes, nose, and mouth
— - — - -
Preventing Contamination by Hands
23 N/A in MN Consumer advisory for raw or undercooked foods
Highly Susceptible Populations
6
IN OU N/O
Hands clean & properly washed
7
IN OUT NLA&
Hand contact with RTE foods restricted
24 N/A in MN Pasteurized foods used; prohibited foods not offered
Chemical
8
IN OUT
Adequate handwashing facilities supplied &accessible
Approved Source
25
IN OU NIA
Food additives: approved & property used
9
IN OUT
Food obtained from approved source
26
IN OUT
Toxic substances properly identified, stored, & used
I(.—IN
OUT N/ N/
Food received at proper temperature
Conformance with Approved Procedures
11
IN OUT
Food in good conditio safe, & unadulterated
X
27 IN 0 N /A_ Compliance with HACCP plan and variance
12
IN OU N/ N/0
Required records available; shellstock tags,
parasite destruction
Protection from Contamination
14
IN OU NIA
Food separated /protected from cross contamination
Risk factors (RF) are improper practices or proceedures identified as the most
prevalent contributing factors of foodbome illness or injury. Public Health Interventions
(PHI) are control measures to prevent foodbome illness or injury.
11
IN OU NIA
Food contact surfaces: cleaned & sanitized
it
IN OUT
Proper disposition of returned, previously served,
reconditioned, & unsafe food
GOOD RETAIL PRACTICES
Good Retail Practices are preventative measures to control the addition of pathogens, chemicals, and physical objects into foods.
Mark ")Vin box if numbered item is not in compliance Mark "X" in appropriate box for COS and/or R COS=corrected on -site during inspection R= repeat violation
CO R
CO R
_ Prope Use of Ute nsils
41 In -use utensils: properly stored
42 Utensils, equipment & linens: properly stored, dried, & handled
43 Single -use & single service articles: properly stored & used
Safe Food and Water
28
Pasteurized eggs used where required
29
Water & ice from approved source
30
N/A
Variance obtained for specialized processing methods,
documentation on file
_
44
Gloves used property
Food Temperature Control
Utensil Equipment and Vending
Food & non -food contact surfaces cleanable, properly
45 X designed, constructed, & used
31
Proper cooling methods used; adequate equipment for
temperature control
32
N/A
Plant food properly cooked for hot holding
46
Warewashing facilities: installed, maintained, & used; test strips
33
Approved thawing methods used
47
Non -food contact surfaces clean
34
Thermometers provided and accurate
Phys ical Facilities
Food Protection _
4B
Hot & cold w ate r a adequa p re s sur e
35
Food properly labled; original container
Insects, rodents, & animals not present; no unauthorized persons
49 J
Plumbing installe proper back devices
36
50
Sewage & waste water properly disposed
37
Contamination prevented during food prep, storage & display
51
Toilet facilities: properly constructed, supplied, & cleaned
38
Personal cleanliness
52
Garbage & refuse properly disposed; facilities maintained
39
Wiping cloths: property used & stored
53
X
Physical facilities installed, maintained, & clean
40
Washing fruits & vegetables
54
X
Adequate ventilation & lighting; designated areas used
Food Recalls: 55 Compliance with MCIAA & Choking Poster
' 56 Compliance with licensing & plan review
Person in Charge (Signature) Date: 08/17/09
Inspector (Signature) ^ °
Follow -up Needed: YES NO (Circle one) Follow -up Date: 08/31/09
City of Tfopkins
1:00, 1010 first Street South • 9fopkins, MN 55343 -7573 • !'hone: 952 - 935 -8474 • fax• 952 -935 -1834
Web address: www.hopkutsmn.com
NOTICE OF LICENSE REVOCATION HEARING
October 23, 2009
Sam Cheung Lau
1016 Mainstreet
Hopkins, MN 55343
Re: Food Establishment License for Jack Yee's Restaurant, 1016 Mainstreet
Dear Mr. Lau:
In August of this year your restaurant was ordered closed by the City's Environmental Health
Specialist, Larry Myers. This action was taken after your restaurant was inspected on August 17
and 7 critical and 10 non - critical conditions were discovered. In order to reopen you were
required to address these issues.
To date you have not complied with Mr. Myers orders. You have made no effort to contact Mr.
Myers to resolve these issues. An "Unlawful To Do Business" posting from the Health Inspector
has been placed on the door of the restaurant. On at least three occasions, September 24, October
14, and October 19, Jack Yee's Restaurant was opened in violation of the order of the
Environmental Health Specialist.
We are hereby recommending to the Hopkins City Council that the food license for this property
be revoked. In addition to the original health violations, which have not been addressed, this
restaurant has repeatedly opened in violation of expressed orders to remain closed.
Section 1005.21 of the Hopkins City Code allows a license to be "revoked by the council for any
of the following reasons:
c) conducting this licensed activity in such manner as to constitute a breach of the peace,
or a menace to the health, safety and welfare of the public, or a disturbance of the
peace or comfort of the residents of the city, upon recommendation of the city health
authorities or other appropriate city official;
f) violation of any regulation or provision of this code applicable to the activity for which
the license has been granted, or any regulation or law of the state so applicable;
g) failure to continuously comply with all conditions required as precedent to the
approval of the license."
Please be advised a hearing before the Hopkins City Council is scheduled.
Date: November 4'2009
Time: 7:30 PM
Location: Hopkins City Hall 1010 First Street South Hopkins, MN 55343
Subject: Food License Revocation
Licensed Business: Jack Yee's Restaurant
Property Address: 1016 Mainstreet, Hopkins, MN 55343
Partnering with the Community to Enhance the Quality of Life
♦ Inspire 0 Educate • Involve • Communicate •
You or your agent will be given an opportunity to be heard by the City Council and you may be
represented by counsel.
Sincerely,
James A. Genellie
Community Services Director
City of Hopkins