HomeMy WebLinkAbout20133173.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE - WAFFLE HOUSE #1072
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Waffle House #1072, located at 3811 Highway 119, Longmont, Colorado, is
allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and
WHEREAS, on November 13, 2013, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violations at the
facility licensed to Ozark Waffles, LLC, P.O. Box 6450, Norcross, Georgia 30091, and
WHEREAS, after hearing testimony from all present, the Board of County
Commissioners moved to issue a one -day suspension of the license to allow the establishment
to utilize the services of a corporate or third -party consultant to provide formal food safety
training to the entire staff, instructed that two follow-up inspections take place within the
following two weeks, and assessed a $1,000.00 civil penalty, and
WHEREAS, the Board of County Commissioners also moved to require that the letter
from Larry Sigler, Director of Food Safety and Training for Waffle House, Inc., which was
entered into the record as Exhibit "C" to the November 13, 2013, Meeting Minutes, be
incorporated into this resolution and that the actions described therein be fully implemented by
the deadline of November 22, 2013.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Colorado Retail Food License issued to Waffle House #1072,
located at 3811 Highway 119, Longmont, Colorado, be, and hereby is, suspended for one day
to allow the establishment to utilize the services of a corporate or third -party consultant to
provide formal food safety training to the entire staff.
BE IT FURTHER RESOLVED by the Board that staff is instructed to make two follow-up
inspections within the following two weeks, and that a $1,000.00 civil penalty be, and hereby is,
assessed.
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2013-3173
HL0040
RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - WAFFLE HOUSE #1072
PAGE 2
BE IT FURTHER RESOLVED by the Board that the pledges of the aforementioned letter
be fully implemented before the deadline of November 22, 2013.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of November, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD CO ;i/' - ; ■%RADO
Weld County Clerk to the Bo
AP
y Attorney Date of signature: f/r J �//-3
'ham F.rarcia, Chair
USED
glas Rademacher, Pro -Tern
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Sean P. Conway
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Mike Freeman
arbara Kirkmeyeri‘-2-1C}-11*)1/4
2013-3173
HL0040
Memorandum
TO: Board of County Commissioners
From: Dan Joseph
DATE: November 13, 2013
SUBJECT: Waffle House
Waffle House #1072, located at 3811 Highway 119, in Longmont, Colorado, has failed to
maintain compliance with the Colorado Retail Food Establishment Rules and Regulations (see
attached timeline and background). Though the Weld County Department of Public Health and
Environment (Department) has given the facility all opportunities to come into compliance as
afforded to them in the Colorado Revised Statutes, there have been repeated violations that
resulted in the assessment of three civil penalties within a 12 -month period. These violations
have the potential to directly result in illnesses of patrons dining at the establishment.
Because all civil penalties were assessed for the same critical violation, the establishment's
failure to maintain proper cold holding temperatures for potentially hazardous foods, the
Department recommends a short (1 day) suspension of the retail food establishment license held
by the Waffle House so that the establishment may utilize the services of a corporate or third
party consultant and the entire staff may receive formal food safety training.. Additionally, the
Department proposes that our inspectors conduct two inspections within the following two
weeks with the objective being no violations related to improper cold holding of potentially
hazardous foods and substantial compliance with the Regulations otherwise. Should additional
cold holding violations be observed or the facility not remain in substantial compliance with the
Regulations, we would request the ability to bring the matter to a hearing once again.
The Department also asks that the Board of County Commissioners (BOCC) direct the
ownership of the restaurant to pay the assessed $1,000.00 civil penalty.
2013-3173
Waffle House
History of Violations January 2013 till October 2013
SUMMARY
Since the beginning of 2013, the Department has conducted 7 inspections where 21 violations (all critical)
were cited for an average of 3 violations per inspection. The average number of violations cited for all
licensed retail food facilities through June of 2013, is 2.13 for regular and follow-up inspections
combined. The average number of critical violations cited over that time frame for regular and follow-up
inspections is 1.55.
Of the 21 critical violations cited, 13 were foodborne illness risk factor violations (62%).
CRITICAL ITEMS
Critical items are related directly to foodborne illness.
Foodborne illness risk factors are identified by the Centers for Disease Control as most commonly contributing to
foodbome illness.
lc Raw Animal Foods Stored Over Ready to Eat Foods
Cited on June 19, 2013
Cited on September 6, 2013
2c Improper Hand Washing
Cited on March 14, 2013
2d Improper Hygienic Practices
Cited on March 14, 2013
2e Smoking, Eating, or Drinking in Food Preparation Area
Cited on March 14, 2013
2f Unable to Demonstrate Knowledge
Cited on March 14, 2013
Cited on June 19, 2013
2g Bare Hand Contact with Ready to Eat Foods
Cited on March 14, 2013
3e Improper Cold Holding of Potentially Hazardous Foods
Cited on March 14, 2013
Cited on April 16, 2013
Cited on May 10, 2013
Cited on June 19, 2013
Cited on September 6, 2013
Cited on October 24, 2013
L
3f Thin Mass Probe Thermometer Unavailable
Cited on March 14, 2013
4b Insufficient Sanitizer Concentration (Mechanical Dish Machine)
Cited on March 14, 2013
Cited on September 6, 2013
5c Insufficient Back Flow Protection
Cited on September 6, 2013
Cited on October 24, 2013
6c Soap and/or Paper Towels Unavailable
Cited on March 14, 2013
Cited on July 17, 2013
LETTERS ISSUED
April 24, 2013
May 14, 2013
June 24, 2013
July 19, 2013
September 24, 2013
October 15, 2013
October 28, 2013
March 14, 2013
April 16, 2013
May 10, 2013
June 19, 2013
July 17, 2013
September 6, 2013
October 24, 2013
First Notification for Non -Compliance for violation 3e
Second Notification for Non -Compliance for violation 3e
First Notice of Civil Penalty ($500.00) for violation 3e
Compliance Warning for violation 3e
Second Notice of Civil Penalty ($750.00) and Notice of Enforcement Meeting for violation 3e
Formalization of Enforcement Meeting
Third Notice of Civil Penalty ($1000.00) and Notice of Hearing
INSPECTIONS CONDUCTED
Regular inspection
Follow-up inspection
Follow-up inspection
Follow-up inspection
Follow-up inspection
Regular inspection
Follow-up inspection
Background Summary of Enforcement for Waffle House #1072
March 14, 2013 A regular inspection was conducted in which violation 03e (improper cold holding) was
cited.
April 16, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
April 24, 2013 A First Notification of Non -Compliance was issued for violation 03e (improper cold
holding) and sent via regular mail.
May 10, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
May 14, 2013 A Second Notification of Non -Compliance was issued for violation 03e (improper cold
holding) and sent via regular mail.
June 19, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
June 24, 2013 A Notice of Civil Penalty for $500.00 (five hundred dollars) was issued for violation 3e
(improper cold holding) and sent via regular mail.
July 17, 2013 A follow-up inspection was conducted in which violation 3e (improper cold holding) was
not cited.
July 22, 2013 A Compliance Warning letter was issued and sent via regular mail. The letter stated that
if violation 3e (improper cold holding) was noted at the next regular inspection that an
additional civil penalty would be assessed and the facility would be required to attend an
enforcement meeting with the Department.
September 16, 2013 A regular inspection was conducted in which violation 3e (improper cold holding)
was cited.
September 24, 2013 A Second Notice of Civil Penalty for $750.00 (seven hundred and fifty dollars)
and Notice of Enforcement Meeting was issued and sent via regular and electronic
mail. The letter requested the facility's presence at an Enforcement Meeting to
discuss the ongoing issues of non-compliance noted at the facility.
October 8, 2013 An enforcement meeting was held with the Weld County Department of Public
Health and Environment. Dan Joseph and Debra Adamson met with Waffle
House representatives Ryan Gould (Store Manager), Dave Nell (Regional Vice
President), and Dean Hatcher (Division Manager).
October 15, 2013 A Formalization of Enforcement Meeting summary was issued and mailed via
standard mail.
October 24, 2013 A follow-up inspection was conducted in which violation 3e (improper cold
holding) was cited.
Waffle House #1072
Date: November 13, 201 3
Hearing with Board of
County Commissioners
Statutory and Regulatory
Foundation
By the authority of the Colorado Revised Statutes
we have the responsibility to ensure a safe food
supply in Retail Food Establishments.
This is accomplished through the use of a uniform code of
sanitary rules (the Colorado Retail Food Establishment Rules
and Regulations).
The rules include provisions on the following:
Preparation, sale and serving of food
Wholesomeness of food and drink
Equipment design and construction
Sanitary maintenance of facility
Source and protection of food and water
Chemical storage and use
• Maintenance of proper food temperatures
Other
The Effects of Food borne Illness
Most foodborne illnesses last only a few days
with diarrhea, vomiting, nausea, cramping, chills,
headache and body aches being the major
symptoms.
Others can cause long-term health problems,
including:
organ damage or failure
high blood pressure
neurological dysfunction
paralysis
miscarriage, stillbirth, premature birth
reactive arthritis syndromes
Guillain-Barre syndrome
The Effects of Foodborne Illness
k 3,000 people each year die of foodborne
illness, usually from one of the high risk
groups:
the elderly
the very young
pregnant women
those who are immune system compromised by
other health problems such as diabetes, organ
transplants, HIV/AIDS, chemotherapy, etc.
Colorado Revised Statutes,
Section 25-4 161 1
(3) A maximum of three civil penalties may be
assessed against a licensee or other person
operating a retail food establishment in any
twelve-month period. Whenever a third civil
penalty is assessed in a twelve-month period,
the department or local board of health shall
initiate proceedings to suspend or revoke the
license of the licensee pursuant to section 25-
4-1609.
Colorado Revised Statutes,
Section 25-4-1609
(1) The department or a county or district board of health may,
on its own motion or complaint and after an investigation and
hearing at which the licensee is afforded an opportunity to be
heard, suspend or revoke a license or certificate of license for
any violation of this part 1 6, any rule adopted pursuant to this
part 1 6, or any of the terms, conditions, or provisions of such
license or certificate of license. A written notice of suspension or
revocation, as well as any required notice of hearing, shall be
sent by certified mail to the licensee at the address contained in
the license or certificate of license.
(2) Except in cases of closure due to an imminent health hazard,
proceedings for the revocation or suspension of a license or
certificate of license may not be commenced until after the
imposition of the penalties prescribed by section 25-4-161 1 .
The maximum period of suspension is six months. When a
license or certificate of license is suspended or revoked, no part
of the fees paid for a license may be returned to the licensee.
Why Are We Here?
s. Since January 1, 2013, the Department has
conducted 2 regular inspections and 5 follow-up
inspections.
The facility has been issued:
6 enforcement letters
3 civil penalties
Civil penalties were assessed for improper cold
holding of potentially hazardous foods ($500.00,
$750.00, and $1 ,000.00 civil penalties).
An Enforcement Meeting was held on October 8,
2013.
Risk Factor Critical Violations Cited
at Waffle House
Improper Cold Holding/Time and Temperature
Cross -Contamination
Hands Not Washed as Needed
Poor Hygienic Practices
Bare Hand Contact with Ready -to -Eat Food
Note: Facility has been cited at least once in ALL of
these categories in since January 201 3.
The Inspection History of
Waffle House
Of the 21 violations cited, all were critical
violations (100%). Of those critical violations,
13 were food borne illness risk factor
violations (62%).
kiiii..._
Critical Violations by Type
Why Are We Here?
► Critical Violations noted since January 2013
Cross contamination raw meat products stored over
ready -to -eat foods*
a Improper hand washing- not washing hands after
handling raw shell eggs and then handling clean
dishware*
• Improper hygienic practices- pre -washing of dishes in
hand sink`
Improper storage of personal drinks
• Unable to demonstrate food safety knowledge
• Bare hand contact with ready -to -eat food
• Improper cold holding of potentially hazardous foods
• Dish machine not properly sanitizing
• Hand sinks found without soap and/or paper towels*
* Centers for Disease Control food borne illness risk factor
violation
Improper Cold Holding of
Potentially Hazardous Foods
..,. 2013 Dates
March 14
April 16
May 10
June19
September 6
October 24
Improper Cold Holding of
Potentially Hazardous Foods
Waffle House Violation History
9
Number of Violations
8
7
6
5
4
3
2
1
0
9
I
4
3
2
0
1
1
Regular Follow-up 1st NOV Follow up 2nd NOV Follow-up 1stCP Follow-up CW
Regular 2nd CP & Follow-up 3rd CP &
EM Hearing
■ Number of
Violations
■ Enforcement
Summary of Enforcement Meeting
October 8, 201 3
After the assessment of the second civil penalty for ongoing improper
cold hold temperature violations, an enforcement meeting was held with
Ryan Gould (store manager), Dave Nell (Regional Vice President) and
Dean Hatcher (Division Manager) in order to discuss the continuing
violations at the facility.
The Department discussed multiple corrective actions that the managers
could use to come into compliance, including:
use of refrigeration temperature logs
use of Coldfest pans to help maintain temperature
food safety education
time as a public health control for eggs
placing eggs on ice
leaving eggs in refrigerator during times of slow service
consequences of continued non-compliance including hearing with the Board of
County Commissioners and additional civil penalty
The $750.00 civil penalty was paid following the enforcement meeting
with half of the cost going toward the purchase of new Coldfest pans.
Summary
Due to continued non-compliance with the
regulations, and the potential impact on the public's
health, the Department recommends the following
actions:
Short-term suspension (one day) while a consultant is utilized
and entire staff receives formal food safety education
Consideration of a change in management of this location
An additional two inspections within the next two weeks with
the objective being no violations related to improper cold
holding of potentially hazardous foods and substantial
compliance with Regulations otherwise
A $1,000 civil penalty was assessed. The Department requests
that the facility be required to pay the civil penalty.
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
PublicHealth
Web: www.weldhealth.orq
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning & Response
Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420
Fax: 970.304.6412 Fax: 970.3046416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play.
October 28, 2013
Certified Letter No.: 7007 1490 0001 1062 9786
Ozark Waffles, LLC
PO Box 6450
Norcross, Georgia 30091
RE: Waffle House #1072, 3811 HWY 119, Longmont, Colorado
NOTIFICATION OF HEARING
THIRD NOTICE OF CIVIL PENALTY
RETAIL FOOD ESTABLISHMENT NON -COMPLIANT
Dear Ozark Waffles, LLC:
You, Ozark Waffles, LLC, are hereby notified that the Weld County Department of Public Health and
Environment has determined that the Waffle House #1072 located at 3811 HWY 119 in Longmont,
Colorado, has been found in violation of the provisions of Part 16, Title 25, Article 4 of the Colorado
Revised Statutes (C.R.S.) and the Colorado Retail Food Establishment Rules and Regulations.
You, as licensee, have been granted a hearing under the provisions of 24-4-101, C.R.S. You have been
notified of the items 3e (improper cold holding of potentially hazardous foods) in writing, have been
given an opportunity to comply and you remain in violation.
Background Summary:
March 14, 2013 A regular inspection was conducted in which violation 03e (improper cold holding) was
cited.
April 16, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
April 24, 2013 A First Notification of Non -Compliance was issued for violation 03e (improper cold
holding) and sent via regular mail.
May 10, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
Certified Letter No.: 7007 1490 0001 1062 9786
Waffle House
October 28, 2013
Page 2
May 14, 2013
June 19, 2013
June 24, 2013
July 17, 2013
July 22, 2013
September 16, 2013
September 24, 2013
October 8, 2013
October 15, 2013 A Formalization of Enforcement Meeting summary was issued and mailed via
standard mail.
A Second Notification of Non -Compliance was issued for violation 03e (improper cold
holding) and sent via regular mail.
A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
A Notice of Civil Penalty for $500.00 (five hundred dollars) was issued for violation 3e
(improper cold holding) and sent via regular mail.
A follow-up inspection was conducted in which violation 3e (improper cold holding) was
not cited.
A Compliance Warning letter was issued and sent via regular mail. The letter stated that
if violation 3e (improper cold holding) was noted at the next regular inspection that an
additional civil penalty would be assessed and the facility would be required to attend an
enforcement meeting with the Department.
A regular inspection was conducted in which violation 3e (improper cold holding)
was cited.
A Second Notice of Civil Penalty for $750.00 (seven hundred and fifty dollars)
and Notice of Enforcement Meeting was issued and sent via regular and electronic
mail. The letter requested the facility's presence at an Enforcement Meeting to
discuss the ongoing issues of non-compliance noted at the facility.
An enforcement meeting was held with the Weld County Department of Public
Health and Environment.
October 24, 2013 A follow-up inspection was conducted in which violation 3e (improper cold
holding) was cited.
Pursuant to the above information and as provided in Section 25-4-1611 (I), C.R.S. 1998, Rept.
Vol., you are hereby ordered to pay the civil penalty in the full amount of $1,000.00 (one thousand
dollars). Such civil penalty must be received by the Weld County Department of Public Health
and Environment within ten (10) days from the receipt of this letter. Checks must be made
payable to Weld County Department of Public Health and Environment (WCDPI3E).
You are scheduled to appear before a public meeting of the Weld County Board of Commissioners on
November 13, 2013, at 9:00 a.m. The hearing will be held at the Weld County Administration Building,
located at 1150 O Street, Greeley, Colorado, during the regular Board meeting. The Board will be
requested to authorize legal action to enjoin the operation of your establishment unless and until you are
in compliance with the Colorado Retail Food Establishment Rules and Regulations. The Board will also be
requested to authorize the County Attorney to seek a judgment for the amount of the civil penalty
assessed.
Certified Letter No.: 7007 1490 0001 1062 9786
Waffle House
October 28, 2013
Page 3
If you need assistance in complying with this Notification of Hearing Third Civil Penalty or if there is
additional information you feel we need to be aware of, please contact us at (970) 304-6415. If payment
has been made or you feel you have received this letter in error, please contact us so that we may update
our records.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
Debra Adamson, MPH
Consumer Protection Manager
Environmental Health Services
cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services
Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health and
Environment
Bruce Barker, Weld County Attorney
Brad Yatabe, Weld County Attorney
Ryan Gould, Store Manager, via email, ryanwgould(2I gmail.com
Dean Hatcher, Division Manager, via email, dean.hatcher72 !,yahoo.com
Diane Marshall, Manager of Tax Compliance, via email, dianemarshall !,wafflehouse.com
October 15, 2013
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. l7th Avenue
Greeley, CO 80631
Public Health
Web: www.weldhealth.orq
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning & Response
Tele: 970.3046410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420
Fax: 9703046412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play.
Ozark Waffles, LLC
PO Box 6450
Norcross, Georgia 30091
RE: Waffle House #1072, 3811 HWY 119, Longmont, Colorado
FORMALIZATION OF
ENFORCEMENT MEETING
Dear Mr. Gould:
This letter is to formalize the meeting that was held on October 8, 2013, concerning issues of non-compliance at
the Waffle House #1072 which is located at 3811 HWY 119 in Longmont, Colorado. Dan Joseph and Debra
Adamson met with Ryan Gould (store manager), Dave Nell (Regional Vice President), and Dean Hatcher
(Division Manager) to discuss concerns and to develop a plan of correction for the outstanding violations.
At this time the Department has one main concern regarding food safety, the improper cold holding of
potentially hazardous foods. However, other violations were discussed as these have the potential to become
issues if not resolved. We discussed correction options with you in an attempt to ensure that these violations
would not be cited on future inspections.
You stated that temperature logs are being kept for the refrigeration units that have had problems maintaining
correct temperatures and that those same refrigeration units have been repaired. In addition, you stated that
employees are taking temperatures on a regular basis using a food probe thermometer. You also stated that you
have purchased cold fest pans in order to help maintain potentially hazardous food temperatures (receipts
submitted). Lastly we discussed using time as a public health control for the eggs used on the cook line (form
was emailed to operators).
During our discussions, you were provided:
• copies of inspection reports from January 2013 to the present
• a summary showing the number and types of violations since January 2013
• copies of all enforcement letters issued since January 2013
• a manual on active managerial control entitled "Managing Food Safety: A Manual for the Voluntary use
of HACCP Principles for Operators of Food Service and Retail Establishments"
Waffle House
October 15, 2013
Page 2
In addition, it was explained that if any violations of 3e (improper cold holding of potentially hazardous foods)
are cited during the next follow-up inspection, Waffle House will receive an additional civil penalty in the
amount of one thousand dollars ($1,000.00) and will have a formal hearing with the Board of County
Commissioners (BOCC) at which time the Weld County Department of Public Health and Environment
(Department) will recommend for license suspension and/or revocation.
Further it was explained that if the facility has an additional civil penalty assessment for any violation before
June 2014, a formal hearing will be scheduled with the BOCC at which time the Department will recommend
for license suspension and/or revocation.
Finally, the assessment of the current seven hundred and fifty dollar ($750.00) was discussed. Half of the
assessed civil penalty was paid on this date, and it was agreed that receipts and documents may be submitted in
lieu of payment for the remaining balance provided that those documents have applicable expenses and reach a
value of three hundred and seventy five dollars ($375.00). The receipts and documents are due to our office by
Friday, October 25, 2013.
We trust this letter accurately summarizes our meeting and your commitments. If it does not, or if you are
unable to meet these terms, please contact us as soon as possible so that we may clarify any misunderstanding.
If you have any questions, please contact Dan Joseph at 970-304-6415 extension 2206.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
Ec:
Debra Adamson, MPH
Consumer Protection Manager
Environmental Health Services
Ryan Gould, Store Manager, ryanwgould@gmail.com
Dean Hatcher, Division Manager, dean.hatcher72@yahoo.com
Diane Marshall, Manager of Tax Compliance, dianemarshall • wafflehouse.com
September 24, 2013
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Public Health
Web: www.weldhealth.orq
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning & Response
Tele: 970304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420
Fax: 970.3046412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970304.6462 Fax: 9703046469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play.
Certified Letter No.: 7010 1670 0000 2048 2677
Ozark Waffles, LLC
PO Box 6450
Norcross, Georgia 30091
RE: Waffle House #1072, 3811 HWY 119, Longmont, Colorado
SECOND NOTICE OF CIVIL PENALTY
AND
NOTICE OF ENFORCEMENT MEETING
RETAIL FOOD ESTABLISHMENT
Dear Ozark Waffles, LLC:
You, Ozark Waffles, LLC, are hereby notified that the Weld County Department of Public Health and
Environment has determined that the Waffle House #1072 located at 3811 HWY 119 in Longmont, Colorado,
has been found in violation of the provisions of Part 16, Title 25, Article 4, of the Colorado Revised Statutes
(C.R.S.) and the Colorado Retail Food Establishment Rules and Regulations.
You, as licensee, have been notified of the item 3e (improper cold holding) in writing, have been given an
opportunity to comply, and you have again been found to be in violation.
Background Summary
March 14, 2013 A regular inspection was conducted in which violation 03e (improper cold holding) was
cited.
April 16, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
April 24, 2013 A First Notification of Non -Compliance was issued for violation 03e (improper cold
holding) and sent via regular mail.
May 10, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
Certified Letter No.: 7010 1670 0000 2048 2677
Waffle House
September 24, 2013
Page 2
May 14, 2013 A Second Notification of Non -Compliance was issued for violation 03e (improper cold
holding) and sent via regular mail.
June 19, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
June 24, 2013 A Notice of Civil Penalty was issued for violation 3e (improper cold holding) and sent
via regular mail.
July 17, 2013 A follow-up inspection was conducted in which violation 3e (improper cold holding) was
not cited.
July 22, 2013 A Compliance Warning letter was issued and sent via regular mail. The letter stated that
if violation 3e (improper cold holding) was noted at the next regular inspection that an
additional civil penalty would be assessed and the facility would be required to attend an
enforcement meeting with the Depaitment.
September 16, 2013 A regular inspection was conducted in which violation 3e (improper cold holding) was
cited.
Pursuant to the above information and as provided in Section 25-4-1611 (1), C.R.S. 1998, Repl.
Vol., you are hereby ordered to pay the civil penalty in the full amount of seven hundred and fifty
dollars ($750.00). Such civil penalty must be received by the Weld County Department of Public
Health and Environment within ten (10) days from the receipt of this letter. Checks must be made
payable to Weld County Department of Public Health and Environment (WCDPHE). Failure to
pay the penalty amount in full will subject you to further enforcement proceedings, including
license suspensions or revocation.
Note: The facility may use up to 50% of the assessed civil penalty to obtain long term compliance with the
violation(s) noted. Use of these funds must be approved by the Department prior to use. Once the agreed
upon items have been obtained, ordered, or training scheduled/attended, documentation of the
expenditure must be provided to the Department. The civil penalty will be considered unfulfilled until
such time that payment and documentation have been received by the Department.
Should you wish to contest the department's findings, you have a right to request a hearing on this matter under
the provisions of 24-4-101, C.R.S., or as approved by local legal counsel. Such request must be made in writing
within ten (10) days of the date of this letter to the Weld County Department of Public Health and Environment
at 1555 North 17th Avenue, Greeley, Colorado.
Failure to comply with the provisions of this Notice of Civil Penalty by continued or additional violations
within the category of rules and regulations of which you are notified herein, will subject you, as licensee, to a
civil penalty which may be assessed by the Department. The amount of the civil penalty would be no less than
one thousand dollars ($1,000).
Be advised that under the provisions of 25-4-1611, CRS, that the assessment of a third civil penalty will result
in the Department initiating action to suspend or revoke your retail food establishment license.
Certified Letter No.: 7010 1670 0000 2048 2677
Waffle House
September 24, 2013
Page 3
In addition, this Department is requesting your attendance at an enforcement meeting to be held at the
Weld County Department of Public Health and Environment, Environmental Health Services Division,
1555 North 17th Avenue, Greeley, Colorado, on October 8, 2013, at 1:30 p.m. Please come prepared to
discuss the ongoing non-compliance issues at your facility.
If you require assistance in complying with this Second Notice of Civil Penalty or if there is additional
information you feel we need to be aware of, please do not hesitate to contact Dan Joseph at (970) 304-6415
extension 2206 or Debra Adamson at extension 2243.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
Debra Adamson, MPH
Consumer Protection Manager
Environmental Health Services
cc: Ryan Gould, Store Manager, via email, ryanwgould@gmail.com
Diane Marshall, Manager of Tax Compliance, via email, dianemarshall@wafflehouse.com
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Public Health
Protect
Web: www.weldhealth.orq
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning & Response
Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420
Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, team, work and play
July 22, 2013
Ozark Waffles, LLC
PO Box 6450
Norcross, Georgia 30091
RE: Waffle House #1072, 3811 HWY 119, Longmont, Colorado
COMPLIANCE WARNING
RETAIL FOOD ESTABLISHMENT
Dear Ozark Waffles, LLC:
On July 17, 2013, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted
a follow-up inspection of the Waffle House #1072, licensed by Ozark Waffles, LLC, located at 3811 Highway 119, in Longmont,
Colorado, to determine compliance with the Notice of Civil Penalty issued by the Weld County Department of Public Health and
Environment to Waffle House #1072 on June 24, 2013. The establishment was found to be in compliance with the subject Notice of
Civil Penalty.
However, please be advised that if violations of the item 3e (improper cold holding of potentially hazardous foods) of the Colorado
Retail Food Establishment Rules and Regulations as cited in the Notice of Civil Penalty of June 24, 2013, are found to exist during the
next regular inspection, a Second Notification of Civil Penalty will be issued and you, as licensee, will be subjected to an assessment
of a civil penalty of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) and your attendance
will be requested at an Enforcement Meeting to be held at the Department.
Should you have any questions concerning this correspondence or if you desire any assistance, please feel free to contact Dan Joseph
at (970) 304-6415 extension 2206.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
Debra Adamson, MPH
Consumer Protection Manager
Environmental Health Services
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Public Health
Web: www.weldhealth.orq
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning & Response
Tele: 970.3046410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420
Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play
June 24, 2013
Ozark Waffles, LLC
PO Box 6450
Norcross, Georgia 30091
RE: Waffle House #1072, 3811 HWY 119, Longmont, Colorado
NOTICE OF CIVIL PENALTY
RETAIL FOOD ESTABLISHMENT NON -COMPLIANT
Dear Ozark Waffles, LLC:
You, Ozark Waffles, LLC, are hereby notified that the Weld County Department of Public Health and
Environment has determined that Waffle House located at 3811 Highway 119 in Longmont, Colorado, has been
found in violation of the provisions of Part 16, Title 25, Article 4, of the Colorado Revised Statutes (C.R.S.) and
the Colorado Retail Food Establishment Rules and Regulations.
You, as licensee, have been notified of the item 3e (improper cold holding) in writing, have been given an
opportunity to comply, and you have again been found to be in violation.
Background Summary
March 14, 2013 A regular inspection was conducted in which violation 03e (improper cold holding) was
cited.
April 16, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
April 24, 2013 A First Notification of Non -Compliance was issued for violation 03e (improper cold
holding) and sent via regular mail.
May 10, 2013 A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
May 14, 2013 A Second Notification of Non -Compliance was issued for violation 03e (improper cold
holding) and sent via regular mail.
Waffle House
June 24, 2013
Page 2
June 19, 2013
A follow-up inspection was conducted in which violation 03e (improper cold holding)
was cited.
Pursuant to the above information and as provided in Section 25-4-1611 (I), C.R.S. 1998, Repl.
Vol., you are hereby ordered to pay the civil penalty in the full amount of five hundred dollars
($500.00). Such civil penalty must be received by the Weld County Department of Public Health
and Environment within ten (10) days from the receipt of this letter. Checks must be made
payable to Weld County Department of Public Health and Environment (WCDPHE). Failure to
pay the penalty amount in full will subject you to further enforcement proceedings, including
license suspensions or revocation.
Note: The facility may use up to 50% of the assessed civil penalty to obtain long term compliance with the
violation noted. Use of these funds must be approved by the Department prior to expenditure. Once the
agreed upon items have been obtained, ordered, or training scheduled/attended, documentation of the
expenditure must be provided to the Department. The civil penalty will be considered unfulfilled until
such time that payment and documentation have been received by the Department.
Should you wish to contest the department's findings, you have a right to request a hearing on this matter under
the provisions of 24-4-101, C.R.S., or as approved by local legal counsel. Such request must be made in writing
within ten (10) days of the date of this letter to the Weld County Department of Public Health and Environment
at 1555 North 17th Avenue, Greeley, Colorado.
Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 C.R.S., you as the licensee are
hereby ordered to correct the deficiency set forth immediately and to maintain correction of the deficiency so as
to comply with the Colorado Retail Food Establishment Rules and Regulations.
Failure to comply with the provisions of this Notice of Civil Penalty by continued or additional violations
within the category of rules and regulations of which you are notified herein, will subject you, as licensee, to an
additional civil penalty which may be assessed by the Department. The amount of the civil penalty would be no
less than seven hundred fifty dollars ($750.00) and not more than one thousand dollars ($1,000.00).
If you need assistance in complying with this Notice of Civil Penalty or if there is additional information you
feel we need to be aware of, please do not hesitate to contact Dan Joseph at (970) 304-6415 extension 2206 or
Debra Adamson at extension 2243.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
Debra Adamson, MPH
Consumer Protection Manager
Environmental Health Services
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Public Health
Pr cacct
Web: www.weldhealth.orq
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning .4 Response
Tele: 970.304.6410 Tele: 97O304.6420 Tele: 970.304.6415 Tele: 970.304,6470 Tele: 970.304.6420
Fax: 97O304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play
May 14, 2013
Ozark Waffles, LLC
PO Box 6450
Norcross, Georgia 30091
RE: Waffle House #1072, 3811 HWY 119, Longmont, Colorado
SECOND NOTIFICATION OF NON-COMPLIANCE
RETAIL FOOD ESTABLISHMENT
Dear Ozark Waffles, LLC:
On May 10 2013, an Environmental Health Specialist with the Weld County Department of Public Health and
Environment conducted a follow-up inspection of the Waffle House, licensed by Ozark Waffles, LLC, located
at 3811 Highway 119, in Longmont, Colorado. The purpose of this inspection was to determine compliance
with the violations of the Colorado Retail Food Establishment Rules and Regulations previously noted in the
First Notification of Non -Compliance dated April 24, 2013. The following item was found to be in violation of
the subject regulations (* denotes a critical violation):
VIOLATIONS
*3e) Found potentially hazardous food items holding at 55 to 65 degrees (cubed ham, sliced tomatoes).
Potentially hazardous food shall be maintained at 41 degrees and below at all times. Those food items
that were off temperature for more than 4 hours were disposed of and other items were moved and ice
added to bring temperature to 41 degrees. Corrected at time of inspection. Repeat violation.
Section 3-501 A of the Colorado Retail Food Establishment Rules and Regulations states: "The
temperature of potentially hazardous foods (time/temperature control for safety foods) shall be 41
degrees F or below or 135 degrees F or above, at all times, except during necessary periods of
preparation or as otherwise provided in this code."
Violation number 3e was also cited during inspections of this facility on March 14, 2013, and April 16, 2013,
corrected during the inspections, and was to be maintained corrected.
Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 Colorado Revised Statutes,
you as the licensee are hereby ordered to maintain correction of the deficiency so as to comply with the
Colorado Retail Food Establishment Rules and Regulations. Specifically, enact and enforce Standard Operating
Procedures (SOPs) to ensure ongoing compliance with the Colorado Retail Food Establishment Rules and
Waffle House
May 14, 2013
Page 2
Regulations by training employees on proper cold holding procedures and monitoring employees to ensure
compliance with SOPs. An example SOP has been enclosed for your use. The Weld County Department of
Public Health and Environment shall assess compliance during the next follow-up inspection.
Any written statement or data concerning the deficiencies set forth above will be considered by the Department.
Please be advised, because the same violation has been cited during the previous (3) inspections, a civil
penalty will be assessed during the next follow-up inspection. If you are found to be in compliance during
the next inspection the assessed civil penalty will be no less than two hundred fifty dollars ($250) and no
more than five hundred dollars ($500). If you are found to be in non-compliance during the next follow-
up inspection, a civil penalty will be assessed that is no less than five hundred dollars ($500) and no more
than one thousand dollars ($1000). A flow -chart detailing the Retail Food Establishment Civil Penalty
Process has been enclosed for your information.
If you need assistance in complying with this Second Notification of Non -Compliance or if there is additional
information you feel we need to be aware of, please do not hesitate to contact Dan Joseph at (970) 304-6415
extension 2206.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
Debra Adamson, MPH
Consumer Protection Manager
Environmental Health Services
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
Public Health
Web: http://www.co.weld.co.us/Departments/HealthEnvironment/index.html
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education & Planning & Response
Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420
Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 9703046452 Fax: 970.304.6469
Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play,
April 24, 2013
Ozark Waffles, LLC
PO Box 6450
Norcross, Georgia 30091
RE: Waffle House #1072, 3811 HWY 119, Longmont, Colorado
FIRST NOTIFICATION OF NON-COMPLIANCE
RETAIL FOOD ESTABLISHMENT
Dear Ozark Waffles, LLC:
On April 16, 2013, an Environmental Health Specialist with the Weld County Department of Public Health and
Environment conducted a follow-up inspection of Waffle House #1072, licensed by you Ozark Waffles, LLC,
located at 3811 HWY 119, in Longmont, Colorado. The following item was found to be in violation of the
Colorado Retail Food Establishment Rules and Regulations (* denotes a critical violation):
VIOLATIONS
*3e) Potentially hazardous food found at 45 to 50 degrees in small reach in cooler to the right of the flat top
grill. Potentially hazardous foods shall be maintained at 41 degrees and below at all times. Food
determined to be off temperature for less than 4 hours. Foods that were not in immediate use were
moved to another cooler to maintain at 41 degrees. Ice was added around items that were to remain in
cold top to maintain 41 degrees and below. Corrected at time of inspection. Repeat violation.
Section 3-501 A of the Colorado Retail Food Establishment Rules and Regulations states: "The
temperature of potentially hazardous foods (time/temperature control for safety foods) shall be 41
degrees F or below or 135 degrees F or above, at all times, except during necessary periods of
preparation or as otherwise provided in this code."
Violation number 3e was also cited during an inspection of this facility on March 14, 2013, and the deficiency
was corrected at the time of the inspection.
Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 of the Colorado Revised
Statutes, you as the licensee are hereby ordered to maintain correction of the deficiency as to comply with the
Colorado Retail Food Establishment Rules and Regulations. Specifically, enact and enforce Standard Operating
Procedures (SOPs) to ensure ongoing compliance with the Colorado Retail Food Establishment Rules and
Regulations by training employees on cold holding procedures and monitoring employees to ensure compliance
Waffle House
April 24, 2013
Page 2
with SOPs. An example SOP has been enclosed for your use. The Weld County Department of Public Health
and Environment shall assess compliance during the next follow-up inspection.
Any written statement or data concerning the deficiency set forth above will be considered by the Department.
Failure to comply with the provisions of this First Notification of Non -Compliance by continued or additional
violations within the category of rules and regulations of which you are notified herein, may subject you, as
licensee, to a civil penalty which may be assessed by the Department. The amount of the civil penalty would be
no less than two hundred and fifty dollars ($250) and not more than one thousand dollars ($1,000).
If you need assistance in complying with this First Notification of Non -Compliance or if there is additional
information you feel we need to be aware of, please do not hesitate to contact Dan Joseph at (970) 304-6415
extension 2206.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
Debra Adamson, MPH
Consumer Protection Manager
Environmental Health Services
W
God Food * Good Value * Friendly * Keliable
AFFL
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November 13, 2013
H
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Weld County Department of Public Health and Environment
1555 N. 17th Avenue
Greeley, Colorado 80631
Att: Debra Adamson, MPH, CP-FS,
Consumer Protection Manager
Environmental Health Services
Re: Waffle House #1072, 3811 Highway 119, Longmont, Colorado
Between March of 2013 and October of 2013, Waffle House Unit 1072 in Longmont,
Colorado has consistently had issues regarding improper cold holding in violation of the
Colorado Code. There is no excuse for these issues to have continued and upon
notification of these violations at the corporate office in Atlanta; I began an immediate
intervention with this restaurant and the operations team which will continue indefinitely.
After visiting the restaurant this week, I have confirmed that the following issues have
been resolved:
• Effective November 13, 2013, the Unit Manager Ryan Gould has been replaced.
The new manager, Paul Trautwein, will begin his responsibilities on November
14, 2013. Paul has almost 3 years experience as a manager and has a proven
record of food safety compliance.
• A retrofit has been ordered for the sandwich unit which has been consistently out
of temperature and will be installed as soon as delivered from Atlanta. In the
interim, cold holding inserts on ice will continue to be used in the sandwich unit
as a temporary measure. Temperatures will be checked every 3 hours to assure
the temperature is within acceptable limits.
• "Thin Mass" thermometers are in place in the units to provide accurate readings
of ham, cheese and all other "thin mass" foods.
• Miranda McFarling, the Human Resource Manager for our Colorado units, has
certified 15 Hourly Associates as "Persons in Charge" for Food Safety (PICs)
using the National Restaurant Association's ServSafe Hourly Food Handler
Guide.
• Eggs at this restaurant will no longer be kept above the grill for any reason.
• A new backflow prevention device has been installed on the faucet in the back
room and the nozzle has been removed from the end of the hose.
In addition, I have initiated the following requirements in this restaurant effective
immediately:
• The I Auditor system provided by Weld County will be used to conduct weekly
food safety inspections and send copies of those inspections to me in Atlanta by
Friday every week.
• The Unit and District Manager will conduct food safety meetings once a month
for all Associates beginning in November covering one of the six food safety
topics in our food safety series for the next 6 months.
• All current hourly Associates will complete the Weld STAR Hourly Training
Course either on-line or at a scheduled meeting. All new hourly Associates will
be required to go through this program prior to beginning work. Verification of this
training will be sent to my attention in the corporate office. In addition, the new
Unit Manager, Paul Trautwein, will be required to attend the next scheduled Weld
STAR II meeting in Greeley.
• Our daily method of Time and Temperature Control will be completed daily on
every shift and sent by email to me and Dean Hatcher, Division Manager, no
later than 8 A.M. the following morning until further notice.
• Hairnets will be required of all Associates whose hair is longer than their collar.
Failure to comply with these and any other food safety measures which may be
implemented in the future at Unit 1072 will result in disciplinary action by the operations
team, up to and including termination of employment.
Once again, there is no excuse for these issues to have continued for this extended
period of time. Our company policy is to comply with and work with state and local health
departments for a mutual goal of providing safe food to the consumer. Please accept my
and my company's apology for this situation occurring and be assured it will not happen
again.
Larry Sigler
Director of Food Safety and Training
Waffle House, Inc.
5986 Financial Drive
Norcross, Ga.30071
Office Phone — (770) 729 — 5876
Cell Phone — (404) 518 - 2041
Email — iarrvsioier(o7wafFiencuse_cr7.
CC: Rob Abney, David Nall, Dean Hatcher, Jim Hosseini, Will Mizell, Lindsay Westcott
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