HomeMy WebLinkAbout20121151.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION / REVOCATION OF
COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -CULVER'S RESTAURANT
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,Culver's Restaurant, located at 3502 29th Street, Greeley, Colorado, is allegedly
in violation of the Colorado Retail Food Establishment Rules and Regulations, and
WHEREAS, on January 16, 2012, a public hearing was held before the Board of County
Commissioners for the purpose of hearing testimony relating to said violations at the facility owned
by Joe Gibbons, who was represented by Eric Powers, General Manager, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deemed it advisable to accept the plan of correction submitted by the ownership and management
of Culver's Restaurant and to assess the $750.00 civil penalty, with the understanding that if the
facility does not comply with the items contained within the plan of correction through the next
follow-up inspection, as well as the next regular inspection, another hearing may be scheduled with
the Board of Commissioners to consider suspension or revocation of said license, and
WHEREAS, after said hearing on January 16, 2012, violations continued to be observed by
the Department of Public Health and Environment at its inspections; therefore, staff brought the
matter back to the Board's attention for action, and
WHEREAS, after hearing testimony from all present on March 12, 2012,the Board of County
Commissioners deemed it advisable to hold the suspension in abeyance, continue the matter to
March 26, 2012, at 9:00 a.m., accept the civil penalty in the amount of$1,000.00, and to require a
certification of the Weld Star training and the daily submittal of temperature logs to staff, and
WHEREAS, after hearing testimony from all present on March 26,2012,the Board of County
Commissioners deemed it advisable to hold the suspension in abeyance and continue the matter to
May 2, 2012, at 9:00 a.m., with the condition that all of the staff complete their training by 5:00 p.m.,
on March 30, 2012, or be brought back before the Board for suspension.
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SUSPENSION / REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
CULVER'S RESTAURANT
PAGE 2
WHEREAS, after hearing testimony from all present on May 2, 2012, the Board of County
Commissioners deems it advisable to hold the suspension in abeyance, continue the matter to
August 1, 2012, at 9:00 a.m., and that two additional regular inspections be conducted during this
time period, with the condition that if the regular inspections yield additional critical violations among
those that have previously been cited, or if the facility does not remain in substantial compliance,
they shall be brought back before the Board for suspension, prior to the end of the three-month
period.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that suspension of the establishment's Retail Food Establishment License be,
and hereby is, held in abeyance and the matter is continued to August 1,2012, at 9:00 a.m.,with the
condition that if the regular inspections yield additional critical violations among those that have
previously been cited, or if the facility does not remain in substantial compliance, they shall be
brought back before the Board for suspension, prior to the end of the three-month period.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of May, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Sean P. Conway, Chair
Weld County Clerk to the Board �(_
4 ®`, �William F. arcia, Pro Tem
BY:
Deputy C k to the Bo 61 ' iw_. ./:��-• '- A_�
`rsarkara Kirkmey
/ L♦ I David E. Long o. I
ounty Attorney �� �"w/
ougla Rademacher
Date of signature: 5- a
2012-1151
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