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07-15-2004, 07:47 AM
Fines levied in health probe
>Restaurant, bakery plead guilty
>Daryl Slade
>Calgary Herald
>July 13, 2004
>Two food establishments located a block apart in the Chinatown section of
downtown Calgary each pleaded guilty separately on Monday to various charges of
contravening the Public Health Act.
>Diamond Bakery Co. and co-owners Henry Chan and Duong Quang Ho, whose business
is located at 111 3rd Ave. S.E., pleaded guilty to three charges and were fined
a total of $6,900 for contravening provisions back to 1996.
>The charges primarily dealt with unsanitary, unhealthy or unsafe conditions,
and improper storage of perishable food, such as meat-filled buns, which were
kept at improper temperatures.
>Calgary Court Restaurant, at 1119 2nd Ave. S.E., along with owner Winnie Chan
and manager Ching Ping Or, face more than $10,000 in fines for four charges
relating to failed inspections between November 2002 and January 2004.
>"The Crown has been very lenient in suggesting these fines," provincial court
Judge William Peppler said. "Some of these problems have persisted since 1996
and put the public at risk.
>"People ought to feel secure at a restaurant, that the food is palatable and
safe for their consumption."
>Earlier, Crown lawyer Rob O'Neill told the judge that 10 trays of buns filled
with hot dogs, chicken, barbecued pork, ham and eggs and beef, as well as rice
cakes, found during an inspection of the bakery, had to be thrown out after
they were found sitting at room temperature.
>He told the judge those items must be stored either above 60 C or below 4 C.
>O'Neill also said there was a general state of uncleanliness, including dirty
floors and storage areas, and a concern that pests may have been present.
>He said there actually were cockroaches found in an upstairs storage area and
flies seen in the basement of the restaurant during inspections.
>The restaurant also admitted to using a poster to cover up a sign posted on
the front door, stating the establishment was closed.
>"Case law says the fine must have an effect on their economics, it can't just
be a cost of doing business," said O'Neill. "There is a need for significant
penalty to send a message to the accused and others."
>Peppler adjourned the Calgary Court Restaurant case until Aug. 25 to allow the
owner, who sent an employee as an agent Monday, to be present for sentencing.
>[email protected]
> The Calgary Herald 2004

07-15-2004, 07:54 AM