HomeMy WebLinkAbout20110158.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION/REVOCATION OF
COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -THE NUNN CAFE
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,The Nunn Café, located at 979 5th Street, Nunn, Colorado 80648, is allegedly in
violation of the Colorado Retail Food Establishment Rules and Regulations, and
WHEREAS, despite efforts by the Weld County Department of Public Health and
Environment staff to resolve said matter, the violations have not been corrected, and
WHEREAS, on the 11th day of October, 2010, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violations, and Kevin
Faulkner and Samantha Champion, Co-Managers, were present at said hearing. After hearing
testimony from all present,the Board of County Commissioners deemed it advisable to continue the
matter until January 10, 2011, in order to allow the facility to address the violations and demonstrate
compliance with the Colorado Retail Food Establishment Rules and Regulations, by providing
on-site training to all staff within the facility and administering tests on the Colorado Retail Food
Establishment Rules and Regulations to staff. The Board determined that the $1,000.00 civil
penalty would be held in abeyance dependent upon the facility complying with the following
conditions, with the matter to be reconsidered on January 10, 2011:
1) The Department of Public Health and Environment shall conduct at least
two (2) unannounced inspections.
2) In the event of an unsatisfactory inspection, indicating multiple violations or
repeated critical violations, the license will be immediately suspended.
3) In the event of an unsatisfactory inspection and suspension of the license,
the license shall be presented to the Board of Weld County Commissioners
for hearing to consider suspension or revocation.
WHEREAS, on the 10th day of January, 2011, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violations, and
WHEREAS, Kevin Faulkner and Samantha Champion, Co-Managers, were present at said
hearing and
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HEALTH VIOLATIONS -THE NUNN CAFE
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WHEREAS, after hearing testimony from all present on January 10, 2011, the Board of
County Commissioners deems it advisable to continue the matter until March 14, 2011, to allow the
facility to further address the violations and demonstrate compliance with the Colorado Retail Food
Establishment Rules and Regulations. The Board determined that the$1,000.00 civil penalty would
be held in abeyance dependent upon the facility complying with the following conditions, with the
matter to be reconsidered on March 14, 2011:
1) The Department of Public Health and Environment shall conduct at least
two (2) unannounced inspections.
2) In the event of an unsatisfactory inspection, indicating multiple violations or
repeated critical violations, the license will be immediately suspended.
3) In the event of an unsatisfactory inspection and suspension of the license,
the license shall be presented to the Board of Weld County Commissioners
for hearing to consider suspension or revocation.
4) The management and employees of the Nunn Café shall receive formal
training in food safety.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the matter be, and hereby is, continued to March 14, 2011, with the
requirement of compliance by that date with the conditions listed above.
BE IT FURTHER RESOLVED that the $1,000.00 civil penalty be, and hereby is, held in
abeyance dependent upon the facility complying with the conditions listed above.
2011-0158
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HEALTH VIOLATIONS —THE NUNN CAFE
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The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of January, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COL DO
ATTEST: e, - ( ,II
arbara Kirkmeyer, hair
Weld County Clerk to the jar.
$ean P. n y, Pro-Tem
BY. C.i .'ALAu Sim ��_ 1 r
Deputy Clerk to the Boar'��
Wiliam F. Ga
A O D AS RM: C
- D.ayid E. Lon
ounty Attorney
ouglas ademach r
Date of signature: (91110P/
2011-0158
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