Declaration of Christian Kraemer - 62-CV-20-5745

62-CV-20-5745
Filed in District Court

State of Minnesota
6/16/2021 11:03 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
Case Type: Other Civil
State of Minnesota, by Jan Malcolm, Court File No. 62-CV-20-5745

Commissioner of Health, in her official capacity,
Plaintiff,
vs. DECLARATION OF CHRISTIAN
KRAEMER
The Iron Waffle Coffee Company LLC, d/b/a
The Iron Waffle Coffee Company,
Defendant.
STATE OF MINNESOTA )
) ss.
COUNTY OF ST. LOUIS )
I, Christian Kraemer, declare under penalty of perjury:
1. I am currently employed by the Minnesota Department of Health (“MDH”) as a
registered sanitarian. I have taken over the duties of the Food, Pools, and Lodging Enforcement
Coordinator since the retirement of Mark Peloquin. I have been employed by MDH for 4 years. I
have a Bachelor of Science degree with a major in biology and a minor in chemistry.
2. The Food, Pools, and Lodging Enforcement Coordinator coordinates the
enforcement activities by the Food, Pools, and Lodging Services section of the MDH. I work with
and advise sanitarians and sanitarian supervisors on enforcement cases and draft enforcement
documents. The Coordinator acts as the primary MDH contact for respondents for the duration of
enforcement actions.
3. I make this declaration in good faith based on my personal knowledge of the facts
set forth herein and review of records maintained in the ordinary course of business by MDH.
62-CV-20-5745
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6/16/2021 11:03 AM
4. I am familiar with The Iron Waffle Coffee Company LLC d/b/a The Iron Waffle
Coffee Company (“The Iron Waffle”) through my work with MDH. The Iron Waffle was
previously issued a license from MDH to operate as a food and beverage service establishment.
The Iron Waffle’s license was revoked for repeated violations of Executive Order 20-81 and The
Iron Waffle does not currently have a valid license to operate as a food and beverage service
establishment.
5. On June 7, 2021, MDH received a complaint that The Iron Waffle was operating
without a license. On June 9, 2021, MDH conducted an inspection of The Iron Waffle and
observed the establishment was open for business as a food and beverage service establishment.
Attached as Exhibit 1 is a true and correct copy of MDH’s Food and Beverage Establishment
Inspection Report dated June 9, 2021.
6. On June 10, 2021, MDH conducted an additional inspection of The Iron Waffle and
observed the restaurant was again open for business without a license to operate as a food and
beverage service establishment. Attached as Exhibit 2 is a true and correct copy of MDH’s Food
and Beverage Inspection Report dated June 10, 2021.
7. On June 12, 2021, MDH conducted an inspection of The Iron Waffle and observed
the restaurant was open for business without a license to operate as a food and beverage service
establishment. Attached as Exhibit 3 is a true and correct copy of MDH’s Food and Beverage
Inspection Reported dated June 12, 2021.
2
62-CV-20-5745
State of Minnesota
6/16/2021 11:03 AM
11. As of the date of this filing, MDH has not received a new application for licensure
for The Iron Waffle from Stacy Stranne or any other individual or entity.
FURTHER YOUR DECLARANT SAYETH NOT.
I declare under penalty of perjury that everything I have stated in this document is true and correct.
Minn. Stat. § 358.116.
Dated: 06/15/2021 _/s/

CHRISTIAN KRAEMER
3
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EXHIBIT 1
62-CV-20-5745
State of Minnesota
6/16/2021 11:03 AM
Minnesota Department of Health

Food, Pools, and Lodging
PO Box 64975
St. Paul, MN 55164
651-201-4500
Type: Partial-NOO
06/09/21
Food and Beverage Establishment Page 1
Date:
Time: 10:20:51 Inspection Report
Report: 6809211022
Location: Establishment Info:

The Iron Waffle Coffee Company ID #: 0031245
8785 Interlachen Road Risk: Medium
Lake Shore, MN56468 Announced Inspection: No
Cass County, 11
License Categories: Operator:

FBLB, HOSP, FBPS, FBPW, FBC2 The Iron Waffle Coffee Company
Phone #: 2189636317
Expires on: 12/31/20 ID #: 43205
The violations listed in this report include any previously issued orders and deficiencies identified
during this inspection. Compliance dates are shown for each item.
No NEW orders were issued during this inspection.
Total Orders In This Report Priority 1 Priority 2 Priority 3

0 0 0
ARRIVED AT 10:20 AM. OBSERVED LIGHTED "OPEN" SIGN WAS LIT.
OBSERVED A PERSON EXITING ESTABLISHMENT WITH A "TO GO BOX" AND A BEVERAGE.
I ENTERED ESTABLISHMENT ORDERED AND WAS SERVED A MOCHA COFFEE.
OBSERVED 4 PEOPLE SEATED ON DECK CONSUMING FOOD AND BEVERAGES.
OBSERVED 3 PEOPLE ENTER ESTABLISHMENT AND PLACE ORDERS.
Kraemer Decl., Exhibit 1

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62-CV-20-5745
State of Minnesota
6/16/2021 11:03 AM
Type: Partial-NOO
06/09/21
Date:
Report: 6809211022
The Iron Waffle Coffee Company
NOTE: Plans and specifications must be submitted for review and approval prior to new construction, remodeling or
alterations.
I acknowledge receipt of the Minnesota Department of Health inspection report
number 6809211022 of 06/09/21.
Certified Food Protection Manager:

Certification Number: Expires: / /
Signed: Signed:
Establishment Representative 6809
651-201-4500
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EXHIBIT 2
62-CV-20-5745
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6/16/2021 11:03 AM

Food, Pools and Lodging Services
PO Box 64975
St Paul MN 55164-0975
651-201-4500
Type: Partial-NOO Food and Beverage Establishment Page 1

Date: 06/10/21
Report: 4842211073

Cass County, 11

Phone #: 2189636317
Expires on: 12/31/20 ID #: 43205

0 0 0
THIS ESTABLISHMENT CURRENTLY DOES NOT HAVE A LICENSE TO OPERATE.
CUSTOMERS WERE OBSERVED LEAVING THE ESTABLISHMENT WITH DRINKS, AND THERE
WERE CUSTOMERS SITTING AT TABLES EATING AND OR DRINKING OUTSIDE THE
ESTABLISHMENT.
alterations.
number 4842211073 of 06/10/21.

Signed: Signed:
Establishment Representative
651-201-4500
health.foodlodging@state.mn.us

6
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EXHIBIT 3
62-CV-20-5745
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PO Box 64975
St. Paul, MN 55164-0975
651-201-4500
Type: Partial-NOO
06/12/21
Date:
Report: 1002211090

Cass County, 11

Phone #: 2189636317
Expires on: 12/31/20 ID #: 43205
The following orders were issued during this inspection.
8-300 License to Operate

8-301.11A ** Priority 2 **
MN Rule 4626.1755A Discontinue operating the food establishment until a license to operate is obtained from
the regulatory authority.
Comply By: 06/12/21

0 1 0
The Minnesota Department of Health was recently notified that the Iron Waffle Coffee Company has been
operating without a food and beverage license. An inspection was conducted in the morning on 12 June 2021.
At time of inspection, there was an illuminated "open" sign observed on the building. Patrons were observed to
be entering and exiting the establishment and there were five groups of patrons dining outside. As a result, this
establishment was determined to be operating without a license.

7
62-CV-20-5745
State of Minnesota
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Type: Partial-NOO
06/12/21
Date:
Report: 1002211090
alterations.
number 1002211090 of 06/12/21.

Inspection report reviewed with person in charge and mailed.
Signed: Signed:
Establishment Representative Cassandra Hua
Public Health Sanitarian III
218-308-2142
Cassandra.Hua@state.mn.us
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State of Minnesota
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EXHIBIT 4
62-CV-20-5745
State of Minnesota
6/16/2021 11:03 AM

PO Box 64975
St. Paul, MN 55164-0975
651-201-4500
Type: Partial-NOO
06/13/21
Date:
Report: 1002211091

Cass County, 11

Phone #: 2189636317
Expires on: 12/31/20 ID #: 43205
The following orders were issued during this inspection.
8-300 License to Operate
MN Rule 4626.1755A Discontinue operating the food establishment until a license to operate is obtained from
the regulatory authority.
Comply By: 06/13/21

0 1 0
The Minnesota Department of Health was recently notified that the Iron Waffle Coffee Company has been
operating without a food and beverage license. An inspection was conducted in the morning on 13 June 2021.
At time of inspection, there was an illuminated "open" sign observed on the building. Patrons were observed to
be entering and exiting the establishment and there were two groups of patrons dining outside. As a result, this
establishment was determined to be operating without a license.

9
62-CV-20-5745
State of Minnesota
6/16/2021 11:03 AM
Type: Partial-NOO
06/13/21
Date:
Report: 1002211091
alterations.
number 1002211091 of 06/13/21.

Inspection report reviewed with person in charge and mailed.
Signed: Signed:
Establishment Representative Cassandra Hua
Public Health Sanitarian III
218-308-2142
Cassandra.Hua@state.mn.us
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EXHIBIT 5
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PO Box 64975
St Paul MN 55164-0975
651-201-4500

Date: 06/14/21
Report: 4842211075

Cass County, 11

Phone #: 2189636317
Expires on: 12/31/20 ID #: 43205

0 0 0
OBSERVED PATRONS LEAVING ESTABLISHMENT WITH FOOD AND/OR DRINKS AND SITTING
AT TABLES OR TAKING ITEMS TO GO.
alterations.
number 4842211075 of 06/14/21.

Signed: Signed:
651-201-4500

11
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EXHIBIT 6
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PO Box 64975
St Paul MN 55164-0975
651-201-4500

Date: 06/15/21
Report: 4842211077

Cass County, 11

Phone #: 2189636317
Expires on: 12/31/20 ID #: 43205

0 0 0
OBSERVED PATRONS LEAVING ESTABLISHMENT WITH FOOD AND/OR BEVERAGES. PATRONS
WERE SITTING OUTSIDE AND EATING/DRINKING AT THE TIME OF INSPECTION.
alterations.
number 4842211077 of 06/15/21.

Signed: Signed:
651-201-4500

12

Declaration of Christian Kraemer - 62-CV-20-5745

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62-CV-20-5745

Filed in District Court

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT

Case Type: Other Civil

State of Minnesota, by Jan Malcolm, Court File No. 62-CV-20-5745

I, Christian Kraemer, declare under penalty of perjury:

1. I am currently employed by the Minnesota Department of Health (“MDH”) as a

2. The Food, Pools, and Lodging Enforcement Coordinator coordinates the

Inspection Report dated June 9, 2021.

and Beverage Inspection Report dated June 10, 2021.

Inspection Reported dated June 12, 2021.

Inspection Reported dated June 13, 2021.

Inspection Reported dated June 14, 2021.

Inspection Reported dated June 15, 2021.

FURTHER YOUR DECLARANT SAYETH NOT.

Minn. Stat. § 358.116.

Dated: 06/15/2021 _/s/

Minnesota Department of Health

Location: Establishment Info:

License Categories: Operator:

No NEW orders were issued during this inspection.

Total Orders In This Report Priority 1 Priority 2 Priority 3

ARRIVED AT 10:20 AM. OBSERVED LIGHTED "OPEN" SIGN WAS LIT.

OBSERVED A PERSON EXITING ESTABLISHMENT WITH A "TO GO BOX" AND A BEVERAGE.

I ENTERED ESTABLISHMENT ORDERED AND WAS SERVED A MOCHA COFFEE.

OBSERVED 4 PEOPLE SEATED ON DECK CONSUMING FOOD AND BEVERAGES.

OBSERVED 3 PEOPLE ENTER ESTABLISHMENT AND PLACE ORDERS.

Kraemer Decl., Exhibit 1

Certified Food Protection Manager:

Minnesota Department of Health

Type: Partial-NOO Food and Beverage Establishment Page 1

Location: Establishment Info:

License Categories: Operator:

No NEW orders were issued during this inspection.

Total Orders In This Report Priority 1 Priority 2 Priority 3

Certified Food Protection Manager:

Kraemer Decl., Exhibit 2

Minnesota Department of Health

Location: Establishment Info:

License Categories: Operator:

The following orders were issued during this inspection.

8-300 License to Operate

Total Orders In This Report Priority 1 Priority 2 Priority 3

Kraemer Decl., Exhibit 3

Certified Food Protection Manager:

Inspection report reviewed with person in charge and mailed.

Minnesota Department of Health

Location: Establishment Info:

License Categories: Operator:

The following orders were issued during this inspection.

8-300 License to Operate

Total Orders In This Report Priority 1 Priority 2 Priority 3

Kraemer Decl., Exhibit 4

Certified Food Protection Manager:

Inspection report reviewed with person in charge and mailed.

Minnesota Department of Health

Type: Partial-NOO Food and Beverage Establishment Page 1

Location: Establishment Info:

License Categories: Operator:

No NEW orders were issued during this inspection.

Total Orders In This Report Priority 1 Priority 2 Priority 3

Certified Food Protection Manager: