This was just one of the issues raised in the inspectors account of his Oct. 30 visit, territorial court heard Tuesday.

Mike Mark Holdings Ltd. pleaded guilty to three violations under the Public Health Act and was ordered to pay a $317 fine.

The restaurant was charged with failure to provide suitable racks for storing food, failure to operate free of conditions that affect the wholesomeness of food and failure to refrigerate food susceptible to toxins.

The inspector found food stored in containers on the floor, said Crown prosecutor Loretta Colton. According to regulations, food must be at least 250 millimetres above the floor.

Bags of flour and salt sat directly on the floor. The inspector noted an open bag of broccoli next to a garbage can.

Raw meat was beside cooked meat on the counter and some food wasnt cold enough. The dishwashers water wasn't hot enough and a refrigerator containing gravy didn't work.

Nose-blower admonished

Defence lawyer Sarah Kay argued the inspection took place just after the restaurant's daily lunch rush a after receiving an unusually large shipment of food.

Employees didn't have time to put it away, she said. And some of it, like the chicken, was sealed and still frozen solid, during the inspection. Raw and cooked meat were in close proximity just briefly, she continued.

And the nose-blowing employee was a recent hire who was later admonished for his actions. He didn't actually touch the food after tossing his hanky, said Kay. He touched the spoons that touched the food.

Kay told the court the Mark family's business has suffered because of the charges.

Mark wants the public to know the food in the restaurant is good food and charges weren't laid because anyone got sick, she said.

He's working diligently to address the concerns and will continue to do so.

Kay also said the family hasn't encountered these problems in 27 years of business.

She said Mark could have quietly paid the fine and avoided court. He went to court because it's the only way of getting detailed information about his charges.