Fresh Grocer closed preemptively

Documents in Philadelphia’s Court of Common Pleas confirm that Fresh Grocer negotiated the terms of the 40th Street store’s closure prior to its temporary shutdown on Feb. 17. These terms were approved by a judge, and the store remained closed until the afternoon of Feb. 18.

A complaint from the city filed last October against “Walnut Supermarket, Inc.” cites health inspection reports from Jan. 23, 2008; Apr. 1, 2008; Sept. 11, 2008 and Jul. 9, 2009 as cause to close down the grocery store pending reinspection. Court documents also confirm that “Walnut Supermarket, Inc.” refers to the 4001 Walnut St. Fresh Grocer.

Divisional Deputy City Solicitor Ann Pasquariello said a health inspection on Feb. 16, one day before a scheduled court hearing for Fresh Grocer, revealed “critical violations of the health code.”

The inspection “didn’t bode well,” Pasquariello said, adding that health violations indicated to the Philadelphia Health Department that it should ask for the store’s closure in court.

However, Pasquariello said, Fresh Grocer chose the next day to close, rather than proceed with a full hearing.

“There was an agreement reached between the parties that [Fresh Grocer] would close for a minimum of 24 hours until they were certified to re-open by the health department,” she said. “The agreement was presented to the judge and was accepted by the court.”

Fresh Grocer store managers initially attributed the store’s closing to refrigeration problems that precipitated electrical malfunctions, but Philadelphia Public Health spokesman Jeff Moran said Feb. 21 that a court order shut down the store.

Carly Spross, corporate spokeswoman for Fresh Grocer, said Feb. 22 that the order to close down the store came from the CEO of Fresh Grocer, and claimed reports of a court order forcing the store’s closure were “entirely inaccurate.”

Pasquariello said that results of a future health inspection will steer actions taken at Fresh Grocer’s next scheduled hearing on March 30.

Spross did not return repeated calls seeking comment concerning the court documents.

“It’s a requirement that food establishments are in compliance with the health code at all times,” Pasquariello said.

As the landlord of Fresh Grocer, Penn Facilities and Real Estate Services is “in contact with the operators who have assured us that any previous issues with the City’s Department of Licenses and Inspection are being addressed appropriately,” FRES spokeswoman Jen Rizzi wrote in a statement.

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