State v. Taylor’s Maid-Rite
Could the Marshalltown icon be forced to close?By KEN BLACK, TIMES-REPUBLICAN
Article Photos
Taylor's Maid-Rite is, perhaps more than any other single business, synonymous with Marshalltown.
The loose-meat sandwich shop featuring ground beef Maid-Rites, along with tasty shakes, malts and pies, has been on Third Avenue in downtown Marshalltown for more than 80 years.
It survived the Great Depression and is making it through the current economic hardship - what has been called the Great Recession. But it may not make it much longer.
The Iowa Department of Inspections and Appeals is trying to force the Taylor's and many other older Maid-Rite shops around the state to come up with a new process of cooking the meat. After 80 years of doing it the same way with satisfied customers "Round the World," the state accuses Maid-Rite of being unsafe in its meat preparation.
"We believe that this decision is not based on factual data or historic precedent, as there are no reported incidents of food-borne illnesses from foods prepared with the traditional Maid-Rite cooker," said Don and Sandra Taylor Short in a letter to legislators.
The Times-Republican contacted the Iowa Department of Inspections and Appeals about the issue and asked a number of questions. Specifically, those questions were:
Why now, after 80 years?
Does the DIA know of anyone who has gotten sick from the current system?
A representative from the DIA have asked the owners of Taylor's to retract a letter sent to legislators. Is this true?
DIA Spokesperson David Werning said he could not answer specific questions because the case was still ongoing.
However, in a decision upholding the prohibition of the cooker, an administrative law judge did acknowledge that the DIA changed its position on the cooker.
In a 2006 letter, then-DIA Director Steve Young wrote, "It would be unfair (if not arbitrary) for the department to make a 180-degree shift in its longstanding interpretation without making some accommodation."
Young specifically allowed existing franchises to use the traditional cooker.
The judge further acknowledged that in the two years the case has been under appeal, no one has gotten sick from eating at Taylor's Maid-Rite.
However, when Gov. Chet Culver was elected, Young was let go, and the new administration, under Director Dean Lerner, decided the cookers had to be removed. The administrative law judge in the case, John Priester, said it was a reasonable reversal of policy.
The Shorts are in the process of appealing the decision from the Department of Inspections and Appeals, who want the Taylor's Maid-Rite and others to invest in new cookers, which Don Short said had a price tag of approximately $7,000 each.
Don Short said the cookers are wholly inadequate for Maid-Rite's operation, in which its current cooker can prepare hundreds of pounds of meats each hour.
"These new cookers can only prepare about 20 pounds of meat in an hour," he said. "There's no way. We'd need a whole lot of them to match the production we have now."
The Shorts believe that if their appeal is unsuccessful and the state will not change its mind, "Taylor's Maid-Rite, and many other small-town Maid-Rites, may be forced to close."
As it stands, Don Short said the traditional cookers do a great job of keeping the meat safe for everyone.
"E. coli is killed instantly at 160 degrees," he said. "No one has bothered to come by and see we cook our meat to 200 degrees."
In addition to the appeal, they also took advantage of the recent Marshalltown Area Chamber of Commerce Des Moines Summit and Legislative Day to make the issue known among legislators.
Many lawmakers stop by a table set up where they receive a complimentary Maid-Rite lunch. Those lunches included a letter explaining the current situation
"It just occurred to us that this is the audience we need to reach," Don Short said.
The Shorts said they were contacted Friday by a representative from the DIA, which asked them to retract the letter.
---
Contact Ken Black at 641-753-6611 or kblack@timesrepublican.com
|
YBibler
|
|
|---|---|
|
03-11-10 8:46 PM
|
I used to live in Marshalltown and I know that this is a great place to eat... You have to use some common sense here. Sounds like the issue is not the cooking of the hamburger but the container(s) in which the raw hamburger was in. Why can't Taylor's Maid Rite employees just wash the container(s) after they have emptied the raw hamburger onto the grill, then after the hamburger has been cooked at 200 degrees, you can place the cooked product (no longer raw) in the CLEAN container... It really is a simple solution... COMMON SENSE...... let Taylor's Maid Rite continue with their tradition..... but follow GMP's and proper food sanitation.. DUH!!!
|
|
concernedcitzen
|
|
|
03-09-10 7:21 PM
|
DonDockins has never been in Taylor's Maid-Rite, they DO NOT SERVE FRENCH FRIES, and there is NO SMOKING in any IOWA resturant or bar except the casinos. Have you ever run a food establishment? ever had to make a payroll? pay ever increasing supply cost? I am guessing NOT.
|
|
bestofbothworlds
|
|
|
03-09-10 1:27 PM
|
DonDockins. Are you accusing the employees of Taylor's Maid Rite of being meth addicts?
|
|
bestofbothworlds
|
|
|
03-09-10 1:26 PM
|
DonDockins. You are sounding more and more like a nutcase.
|
|
DonDockins
|
|
|
03-09-10 11:50 AM
|
AverageAmerican: The complaints about unsafe cooking (but then admitting it's not really a problem) and "greed" by small business (when the high prices are the result of over regulation and high taxation) can't be logically answered so they resort to bizarre rantings. Look around---we have fewer and fewer choices for eating out---and government is the reason. Put down your copy of "Going Rouge". The reason we have fewer choices for eating out... is the government??? That's a rich claim. It wouldn't have anything to do with bad business plans, plain boring overpriced food, bad service or the general economic downturn at the moment that are making people stay at home more often? Nah... it's the government's fault because they want to make sure restaurants are cooking the food properly! "Bizarre rantings"? Like cook the food correctly? What a bizarre rant! But I bet if I was speaking in tongues at church on Sunday, that would be normal right?
|
|
DonDockins
|
|
|
03-09-10 11:32 AM
|
AverageAmerican: Most Americans don't buy DonDockins central command and control baloney. These simple issues of freedom to cook, sell and eat what we want (and how we want to make things) really has the lefties in tizzy. Central command and control baloney! It that a new buzz term being passed around at the local Tea Party rallies? Freedom to cook! Freedom to eat! Freedom to sell! Where you hugging the Constitution as you wrote this? You are right, people prefer playing Russian roulette when they go out to eat. People love the thrill of not knowing if the food was prepared correctly. People love not knowing if what they stuff in their fat mouth's is actually FDA approved, safe produce. Bring on the hot dogs made out of rats and mice! Bring on the ground beef from decomposed cows! Bring on the moldy bread! The new rule should be that every restaurant just puts a sign out front that says, "Enter & Eat At Your Own Risk". That will take care of everything!
|
|
DonDockins
|
|
|
03-09-10 11:18 AM
|
concernedcitzen: It all about corporate GREED, going from 183 Maid-Rite shops in 1995 to just over 60 original shops in 2004, most leaving because of increases in franchise fees and new corporate rules imposed by the new corporate owners. The new owners of the Maid-Rite corporation are being led by a former BANKER and we all know what kind of people they are. TO A BANKER IT IS ALL ABOUT MONEY. An increase in fees? Well you are right, when your getting away with paying 0% for the past 50 years and then asked for 2% of your sales, that is an increase. New corporate rules? For instance, "Can you actually change the grease you cook the fries in more than once a year?" or "Can you stop smoking cigarettes while preparing the food?" or "Can you pick the dead cockroaches off the floor?" or "Can the staff high on meth at least wash their hands once a week before touching the food?". Why would any business owner ask the stores to make those changes?
|
|
gopanthers
|
|
|
03-08-10 9:39 PM
|
I like to watch Maid-Rite employees cooking the meat while eating at the counter. Subway makes their sandwiches while you watch too. I wonder if McDonald's, Burger King, Hardee's, etc. would allow me to watch them cook the meat.
|
|
concernedcitzen
|
|
|
03-08-10 9:27 PM
|
It all about corporate GREED, going from 183 Maid-Rite shops in 1995 to just over 60 original shops in 2004, most leaving because of increases in franchise fees and new corporate rules imposed by the new corporate owners. The new owners of the Maid-Rite corporation are being led by a former BANKER and we all know what kind of people they are. TO A BANKER IT IS ALL ABOUT MONEY.
|
|
AverageAmerican
|
|
|
03-08-10 6:02 PM
|
Most Americans don't buy DonDockins central command and control baloney. These simple issues of freedom to cook, sell and eat what we want (and how we want to make things) really has the lefties in tizzy. The complaints about unsafe cooking (but then admitting it's not really a problem) and "greed" by small business (when the high prices are the result of over regulation and high taxation) can't be logically answered so they resort to bizarre rantings. Sadly they bully the small guys that can't afford expensive legal defense. Look around---we have fewer and fewer choices for eating out---and government is the reason.
|
|
xgrunt
|
|
|
03-08-10 2:12 PM
|
well you better run over there eat and choke real quick or you might miss your chance! some other lawyer is more than likely reading this and will beat you to the punch. like i said if you dont like their food dont eat there. but also dont act as if they threw up four walls and just started a business. they deserve protection from the big boys. it may be they need to adjust some of their practices but should we trow them in front of the corp. bus for that?
|
|
DonDockins
|
|
|
03-08-10 1:55 PM
|
xgrunt: i am also sure that maid rite could find plenty of lawyers willing to protect their big business butts if somehow someone was to die from a taylors sandwich. there is one under every rock these days. But that's the point! It's call risk management! Stop the problem before it become a problem! If Taylor's is up to code, someone dies, Maid-Rite gets sued, then the plantiff can't argue that Taylor's doesn't prepare its food correctly. If it's known they are in direct violation of a health code, did nothing about it and there's documentation that they purposely ignored it, then Maid-Rite isn't going to have a leg to stand on. This is why these regulations exist. It's not to screw the little man, it's to prevent them from getting taking up the highway by frivolous lawsuits!
|
|
DonDockins
|
|
|
03-08-10 1:43 PM
|
xgrunt: but has anyone ever gotten sick from eating there? not to my knowledge. so why mess with a successful business? does taylors have people diving in from ames and des moines just to eat there rather than at other establishments with the same name? does taylors claim to be superior to their products? does taylors steal advertising time from them? i think we all know the answers to those questions. I love how you ask all these general, unanswerable questions and then state, "We all know the answers to those questions!" No one knows if not one person has ever in 80 years gotten sick after eating there. That's impossible to know. Odds would actually favor that someone in 80 years got sick at least once after eating there regardless if it was cooked correctly or not. I hope no one is "diving" from Ames or Des Moines. That would be a long fall.
|
|
xgrunt
|
|
|
03-08-10 1:43 PM
|
they paid for the name already. done deal. so why should they have to pay for it again? i guess it wouldnt matter if it was on a napkin or toilet paper. it was a contract and if any contract over twenty years old isnt good anymore we are all in trouble! business back then was different. a mans word was good for something. they didnt need a judge or the government to look after everything. the way they cook hasnt changed in 80 years and i would say they have a track record that speaks for its self. i would have to say they know what they are doing and are very successful at it. i am also sure that maid rite could find plenty of lawyers willing to protect their big business butts if somehow someone was to die from a taylors sandwich. there is one under every rock these days.
|
|
DonDockins
|
|
|
03-08-10 1:32 PM
|
StanzLaw: Regarding your comments about Taylor's being "scab" or their cooking practices, I can't help but wonder about your experience in the food service industry. So long as the food prep are is sanitized regularly it is not unsual to return spilled products for later use. And the "raw meat into cooked meat" -is- the crux of the issue. So long as the product is thuroughly heated to the required internal temperature (160F for beef I think) before serving then what's the problem? All I know is when I cook a hamburger on the grill, I don't get an unthawed, uncooked burger and rub it all over the cooked hamburger before I eat it. Just stirring up the uncooked and cooked meat in the cooker for 10 seconds before serving isn't adequate. You should be ashamed... defending the "3-second rule" in a restaurant. Do you use plates and silverware at home or just eat off the floor? By your standards apparently that would be okay.
|
|
DonDockins
|
|
|
03-08-10 1:21 PM
|
StanzLaw: Mr. Dockins, Taylor's is not "stealing" the Maid-Rite name. It was one of the original franchise purchasers 80 years ago. The terms of that franchise agreement are markedly different then what new stores operate under. Brand control is one thing, corporate greed at the expense of your franchise holders is another. This reminds me of the movie "Coming To America" with Eddie Murphy. Remember how they got a job at a McDonald's rip-off "McDougal's"? That's essentially what Taylor's is. They claim to have some old contract no one has ever seen probably written on a napkin. Brand control is everything! You can't have franchises just doing whatever they want! It's corporate greed for the actual namesake's owner to want them to cook their food at a proper temperature and to pay them 2%-5% of their monthly profit to use the name? If someone were to die after eating there, who is going to get sued? Taylor's or corporate?
|
|
xgrunt
|
|
|
03-08-10 1:05 PM
|
they bought the right to use the name. paid what at that time was good money. also its not like there is another maid rite here in town they are taking money from. they stated they cook their meet to 200 degrees and they have a clean environment. like i said if you dont like it dont go there. its really that simple. i understand everyone is different and doesnt like the same things. but has anyone ever gotten sick from eating there? not to my knowledge. so why mess with a successful business? does taylors have people diving in from ames and des moines just to eat there rather than at other establishments with the same name? does taylors claim to be superior to their products? does taylors steal advertising time from them? i think we all know the answers to those questions. they bought and paid for the name, have cooked this way for over 80 years, and are a marshalltown icon. in fact i am getting hungry and think i will head that way now:)
|
|
DonDockins
|
|
|
03-08-10 1:01 PM
|
So if they really need "hundreds of pounds" of meat to be ready to go at all times, then business must be booming right? They must be swimming in a vault of gold coins like Uncle Scrooge! Everybody loves them, they are always busy, people order them all day long, people travel hundreds of mile to eat there... but gasp... someone wants us to spend $7,000 dollars! All of sudden they are broke, they can't afford it, if then spend a penny they will have to close the doors tomorrow! This place spends about $3 annually on upkeep by buying a new calendar to hang on the wall. In 80 years I would hope the family would have $7,000 in profit to afford an upgrade.
|
|
StanzLaw
|
|
|
03-08-10 1:00 PM
|
Mr. Dockins, Taylor's is not "stealing" the Maid-Rite name. It was one of the original franchise purchasers 80 years ago. The terms of that franchise agreement are markedly different then what new stores operate under. Corporate Maid-Rite is trying to force older stores to adopt an inferior product (lower grade beef) and corporately control menu and signage. Brand control is one thing, corporate greed at the expense of your franchise holders is another. Regarding your comments about Taylor's being "scab" or their cooking practices, I can't help but wonder about your experience in the food service industry. So long as the food prep are is sanitized regularly it is not unsual to return spilled products for later use. And the "raw meat into cooked meat" -is- the crux of the issue. So long as the product is thuroughly heated to the required internal temperature (160F for beef I think) before serving then what's the problem?
|
|
DonDockins
|
|
|
03-08-10 12:51 PM
|
xgrunt: taylor's bought the name 80 plus years ago. what does that contract say about coming under corp. control? if the contract doesnt have that wordage how is it fair for them to cry about it? if you dont like the sandwiches dont eat them but stand up for unfair rules made to attack small town america." Unfair rules? You mean making sure some ma and pa store isn't trying to be cheap and get around updating their equipment to make sure they are cooking their food at a proper temperature? Making sure places cook food at proper temperatures isn't an "attack on small town America". The same rules apply everywhere. Exactly... they bought the "rights" to us the name 80 years ago. They didn't buy the name and the company itself. It's not an issue of being under corporate control. It's an issue of someone using the name of business they don't own and just doing whatever they want against the wishes of those who actually "own" the name Taylor uses.
|
|
previousmtowner
|
|
|
03-08-10 12:44 PM
|
Being a former resident of Marshalltown, I really feel that it is unfair for even considering this action. The old saying goes "If it isn't broke, don't fix it"
|
|
xgrunt
|
|
|
03-08-10 12:15 PM
|
big business should run everything. there is no room for the little guy in our brave new world. we should all just bow down and take it up the a** anytime big business wants. taylor's bought the name 80 plus years ago. what does that contract say about coming under corp. control? if the contract doesnt have that wordage how is it fair for them to cry about it? why not support a local business and family? if you dont like the sandwiches dont eat them but stand up for unfair rules made to attack small town america. we all played dumb and let the farm bill ruin family farms and turn it into govt supported factory farms. when do we learn to support our own communities and stop buying bigger is better? at least with taylor's the money stays local. we have far too few local businesses in marshalltown, and of them how many have been around as long as taylor's? support the local businesses while there are still some left.
|
|
Pothast
|
|
|
03-08-10 12:00 PM
|
***********facebook****/group.php?gid=372790964574&ref=mf
|
|
DonDockins
|
|
|
03-08-10 11:48 AM
|
StanzLaw: "Maid-Rite corporate has for the past several years been waging a war to assert corporate control over older original franchises. The fact that Maid-Rite corporation has publicly announced that they are in favor of the DIA actions highlights, for me, that this is more a corporate war then anything to do with food safty." So the Maid-Rite corporation who actually owns the Maid-Rite name isn't supposed to support the DIA wanting to make sure a scab place like Taylor's is up to code? That's some good old small-town thinking for ya! So you wouldn't be mad if you owned the rights to something and someone else used your name and product illegally and then complained when you told them to shape up or ship out? I can't open a store and call it "Best Buy", use the yellow tag logo, have everyone wear blus shirts in the store but yet the place is actually a flea market that looks like a Salvation Army.
|
|
StanzLaw
|
|
|
03-08-10 11:26 AM
|
I'm repeat what concernedcitizen posted below because I think it exposes the "truth" behind this whole controversy... Maid-Rite corporate has for the past several years been waging a war to assert corporate control over older original franchises. The fact that Maid-Rite corporation has publicly announced that they are in favor of the DIA actions highlights, for me, that this is more a corporate war then anything to do with food safty.
|







