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Home My WebLink About20110687.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 with the following conditions,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 2011-0687 NL , 'VI pt HL0038 HEALTH VIOLATIONS -THE NUNN CAFE PAGE 2 WHEREAS, after hearing testimony from all present on January 10, 2011, the Board of County Commissioners deemed it advisable to continue the matter until March 14,2011,to allow the facility to 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 with the following conditions, 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. WHEREAS, on the 14th day of March, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violations, and WHEREAS, Terri West, Manager, was present at said hearing and WHEREAS, after hearing testimony from all present, the Board of County Commissioners deems it advisable to dismiss the matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the matter be, and hereby is, dismissed. 2011-0687 HL0038 HEALTH VIOLATIONS —THE NUNN CAFE PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO ATTEST: arbara Kirkmeyer, hair Weld County Clerk to the u C� � n ay, Pro-Tem BY: CP ir/,i CamL !s Deputy Clerk to the J A l ° 1512 piaccsi AP VEDA FORM: ^ avid E. Lo ounty Attorney 030 � ) / Doug as R?demach r Date of signature: 3(cZ9 2011-0687 HL0038 Memorandum 1111DC TO: File From: Dan Joseph COLORADO DATE: March 14, 2011 SUBJECT: Nunn Cafe On January 10, 2011, a hearing was held with the Nunn Café during which the Board of County Commissioners (BOCC) agreed to let the Nunn Café to remain open provided that the Weld County Department of Public Health and Environment (Department) conduct two regular inspections in the next 60 days during which the facility had not repeat critical violations and remained in substantial compliance with the Colorado Retail Food Establishment Rules and Regulations. The extension was given by the BOCC due to the facility having two (2) recent inspections that were substantially in compliance and due to the facility changing their management structure. The Department conducted its first inspection on February 15, 2011, and found two (2) critical violations and one (1) non-critical violation. Critical violations found during this inspection were pan of hash brown found off temperature (not being held hot enough) and 3 sealed gallons of ranch in the dry storage area that had keep refrigerated on them (some ranches are shelf stable and other brands need to be held under temperature). The Department conducted its second inspection on March 2, 2011, and found two (2) different critical violations. The critical violations found during this inspection were a pan placed over the hand sink making it inaccessible and a few mouse droppings in the storage shed out back. The facility was originally brought to hearing for having repeat violations that were not corrected during follow-up inspections and while although critical violations were found during each of the last four (4) inspections, each time the violations were different in nature and were not being repeated. Based on this information the Department is recommending that the matter be dismissed. 201 / - o6 r-st-6,,w- Memorandum wage TO: File From: Dan Joseph COLORADO DATE: January 10, 2011 SUBJECT: Nunn Cafe On October 11,2010, a hearing was held with the Nunn Café during which the Board of County Commissioners (BOCC) agreed to let the Nunn Café remain open provided that the Weld County Department of Public Health and Environment (Department) conduct two inspections in the next 90 days during which the facility had no repeat critical violations and remained in substantial compliance with the Colorado Retail Food Establishment Rules and Regulations. If during either of those inspections the above conditions were not met, the facility would be immediately closed and remain closed until the matter could be brought back to the BOCC. The Department conducted its first inspection on December 14, 2010, and found two (2) critical violations and one (1) non-critical violation. Neither critical violation was a repeat from previous inspections, and staff felt that the facility was in substantial compliance, so the facility was allowed to remain open. The Department conducted its second inspection on January 6, 2010, and found six (6) critical violations and two (2) non-critical violation. Compared with the previous inspection the facility had more violations cited; however, some violations occurred while trying to fix other issues that the facility was having (facility's reach-in cooler went down so the facility was using ice baths to try to keep food product cold, but it did not keep it cold enough). Staff determined that the facility was attempting to maintain compliance with the rules and regulations and therefore the facility was allowed to remain open. However, based on the most recent inspections, the Department is recommending that the BOCC continue the matter for an additional 60 days in order to allow the Department time to conduct two additional inspections. At this time,we also recommend that the management and employees of the facility receive formal training in food safety. If during either of those inspections repeat critical violations are found and the facility does not show improvement,they will be closed until such time that a hearing with the BOCC can held. 2011-0687 Weld County Department of Public Health Environmental Health Services ti 1555 N. 17TH AVE Greeley, CO 80631 (970)304-6415 FAX(970)304-6411 RETAIL FOOD ESTABLISHMENT VIOLATION DETAIL Facility Name: NUNN CAFE Owner: JUDITH A HOBART Address: 979 5TH ST Inspection Type: REGULAR INSPECTION NUNN,CO 80648 Phone: (970) 897-2222 Inspection Date: January 06, 2011 Red -Critical Item: A violation that, if left uncorrected, is more likely than other violations to contribute to food contamination or illness. Blue-Non-critical: A violation that, if left uncorrected,could lead to more serious problems but does not pose an immediate threat to food safety. Olb Lemons found with mold growth(4)at time of inspection. Food product shall be wholesome in nature and be free from spoilage. Lemons disposed of at time of inspection. Corrected at time of inspection. 0lc Observed staff go from cracking raw shell eggs to handling toast while wearing same gloves.After handling raw foods,gloves shall be removed,hands washed, and new gloves donned prior to handling ready to eat foods. Discussed and observed glove change and re-cooking of toast. Corrected at time of inspection. 02d Observed staff to prepare food while wearing a watch. Staff involved in food preparation shall not wear jewelry except for single ring. Corrected at time of inspection. 03e Eggs found at 49 degrees in ice bath. All potentially hazardous food shall be held at 41 degrees and below. Ice bath did not completely surround eggs and there was no ice in with eggs. Eggs moved into reach in cooler as they were off temperature for less than 4 hours. Corrected at time of inspection. 05b Men's room hot water only dispensing as a trickle. Provide hot water under pressure(15 psi)to allow from correct mixing of hot and cold water. Correct as soon as possible, but within 10 days. 07a Evidence of mice(droppings)found in storage shed.As observed,droppings shall be removed and cleaned, and area observed for further evidence.Correct as soon as possible, but within 10 days. 0% Found food cooling in reach-in cooler(hash browns and sausage)that were covered which was not allowing for the rapid cooling of the food product. Foods, while cooling, shall be uncovered. Foods were uncovered during the inspection. Corrected at time of inspection. 12d Found the one bucket of sanitizer with 10 ppm of bleach. Wiping cloths shall be stored in 50-200 ppm bleach solution(100 ppm recommended). Corrected at time of inspection. Weld County Department of Public Health Environmental Health Services IS 1555 N. 17TH AVE Greeley,CO 80631 (970)304-6415 FAX(970)304-6411 RETAIL FOOD ESTABLISHMENT VIOLATION DETAIL Facility Name: NUNN CAFE Owner: JUDITH A HOBART Address: 979 5TH ST Inspection Type: FOLLOW-UP INSPECTION NUNN,CO 80648 Phone: (970)897-2222 Inspection Date: December 14, 2010 Red - Critical Item: A violation that, if left uncorrected, is more likely than other violations to contribute to food contamination or illness. Blue-Non-critical: A violation that, if left uncorrected,could lead to more serious problems but does not pose an immediate threat to food safety. 02c Employee observed to use a double-gloving technique, removing the top gloves after cracking eggs, and proceeding to prepare food. Double-gloving is not allowed as hands shall be washed upon removal of single-use gloves, and the hands still have another pair of gloves on them, which cannot be washed. All gloves were removed, issue discussed with management and employees, and employee was observed to use correct technique. Corrected. 02d Employee observed to rinse gloved hands in the 3-compartment sink,and another employee observed to wash hands in the food preparation sink. Hands shall be washed only in designated hand sinks.The food preparation sink was clearly labeled as such,as there was some confusion among employees as to which sinks could be used for washing of hands. Employees were observed to use the hand sinks later in the inspection. Corrected. 09b Found gravy at 128 degrees F,cooling while sitting on the countertop. Food product shall be cooled using appropriate methods. Discussed cooling options; however, decided hot holding was a better option and gravy was placed in a double boiler for hot holding. Corrected. iikie(fi#,.. , Memorandum liD C. TO: Board of County Commissioners From: Dan Joseph COLORADO DATE: October 11, 2010 SUBJECT: Nunn Cafe The Nunn Cafe, located at 979 5t° Street, in Nunn, Colorado, has failed to maintain compliance with the Colorado Retail Food Establishment Rules and Regulations (please see attached time line). The Weld County Department of Public Health and Environment has given the facility all opportunities to come into compliance as afforded to them in the Colorado Revised Statutes. Unfortunately, staff continues to observe violations that have the potential to directly result in illnesses of patrons dining at the establishment. The Weld County Department of Public Health and Environment recommends the Board of County Commissioners (BOCC) to revoke or suspend the Nunn Café's Retail Food Establishment License. In the event the facility's Retail Food Establishment license is not revoked or suspended, the Department recommends that the BOCC direct the facility to pay the assessed civil penalty as a condition of continued operation. Note: Power point presentation is prepared. Nunn Cafe History of Ongoing Violations July 2007 to September 2010 Fourteen inspections have been conducted beginning July 10, 2007, with a total of 60 violations cited, 43 (72%) of which were critical violations. Of the critical violations cited, 28 (65%) were risk factor violations, those considered by the Centers for Disease Control and Prevention(CDC)to be most commonly connected to foodbome illnesses. An average of 4.3 violations was cited per inspection. Critical Violations Highlighted violations are CDC risk factors (more likely to contribute to foodbome illness) Wholesome, Free of Spoilage (lb) Cited September 14, 2010 Cross Contamination(1c) Cited January 28, 2009 Improper Hand Washing (2c) Cited January 9, 2009 Cited January 28, 2009 Cited March 9, 2010 Hygienic Practices (2d) Cited January 9, 2009 Cited July 17, 2009 Cited March 9, 2010 (3 separate violations cited) Cited September 14, 2010 Smoking, Eating, Drinking (2e) Cited July 1, 2008 Cited January 9, 2009 Cited January 28, 2009 Cited July 17, 2009 Cited May 25, 2010 Cited June 24,2010 Bare-Hand Contact(2g) Cited July 10, 2007 Cited July 1, 2008 Cited June 24, 2010 Rapidly Cool Food to 41 F or Less (3a) Cited July 10, 2007 Cited January 9, 2009 Cited January 28, 2009 Rapidly Reheat to 165 F or Greater(3b) Cited September 14, 2010 Hot Hold at 135 For Greater(3c) Cited January 9, 2009 Improper Cold Holding (3e) Cited January 9, 2009 Cited July 17, 2009 Cited March 9, 2010 Cited March 31, 2010 Cited April 21, 2010 Cited May 25, 2010 Cited June 24, 2010 Cited September 14, 2010 Handsink Accessible (6b) Cited August 12, 2009 Soap and Drying Devices(6c) Cited July 17, 2009 Evidence of Insects or Rodents (7a) Cited July 17, 2009 Cited March 9, 2010 Pesticide Application (7b) Cited March 9, 2010 Cited September 14, 2010 Properly Stored Toxic Items (8a) Cited July 17, 2009 Properly Labeled Toxic Items (8b) Cited May 25, 2010 Properly Used Toxic Items (8c) Cited February 13, 2008 Cited May 25, 2010 Non-Critical Violations Uncorrected, these can become serious problems. Food Protection(9b) Cited July 10, 2007 Cited February 13, 2008 Cited July 1, 2008 Cited March 9, 2010 (2 separate violations cited) Equipment Design, Construction Food-Contact Surfaces (10a) Cited July 17, 2009 Cited August 12, 2009 Cited March 9, 2010 Cited March 31, 2010 Cited April 21, 2010 Equipment Design, Construction Nonfood-Contact Surfaces (10b) Cited July 17, 2009 Cited March 9, 2010 Refrigerator Unit Provided with Accurate, Conspicuous Thermometer(11a) Cited July 1, 2008 Chemicals Test Kit Provided, Accessible (11c) Cited September 14, 2010 Wiping Cloths (12d) Cited July 10, 2007 Cited January 9, 2009 Cited September 14, 2010 Inspections Conducted Since July,2007 July 10, 2007 Regular February 13, 2008 Regular July 1, 2008 Regular January 9, 2009 Regular January 28, 2009 Follow Up February 19, 2009 Follow Up July 17, 2009 Regular August 12, 2009 Follow Up March 9, 2010 Regular March 31, 2010 Follow Up April 21, 2010 Follow Up May 25, 2010 Follow Up June 24, 2010 Follow Up September 14, 2010 Follow Up Letters Issued July 11, 2008 A First Notification of Non-Compliance for 9b (improper storage of food) was sent by certified mail to the facility's mailing address. January 20, 2009 A First Notification of Non-Compliance for *2e (improper storage of employee drinks) was sent by certified mail to the facility's mailing address. February 2, 2009 A First Notification of Non-Compliance for *2c (improper hand washing) and *3a (improper cooling) and a Second Notification of Non-Compliance for *2e (improper storage of employee drinks) was sent by certified mail to the facility's mailing address. April 2, 2010 A First Notification of Non-Compliance for *3e (improper cold hold) was sent by certified mail to the facility's mailing address and was unclaimed by the facility. April 21, 2010 The First Notification of Non-Compliance was hand delivered and a follow-up inspection was conducted where violation *3e (improper cold hold) was cited. April 26, 2010 A Second Notification of Non-Compliance for *3e (improper cold hold)was sent by certified mail to the facility's mailing address and was unclaimed by the facility. May 25, 2010 The Second Notification of Non-Compliance was hand delivered and a follow-up inspection was conducted where violation *3e (improper cold hold) was cited. May 27, 2010 A Notice of Civil Penalty for *3e (improper cold hold) was sent by certified mail to the facility's mailing address and was unclaimed by the facility. June 24, 2010 The Notice of Civil Penalty was hand delivered and a follow-up inspection was conducted where violation *3e (improper cold hold)was cited. June 28, 2010 The First Notification of Non-Compliance and The Second Notice of Civil Penalty were hand delivered. July 22, 2010 Informal Hearing: Dan Joseph and Debra Adamson met with Judith Hobart and Kevin Faulkner to discuss food safety concerns and to develop a plan for correction of the outstanding violations. July 29, 2010 Formalization of Non-Compliance Meeting letter was sent by certified mail to the facility's mailing address and was unclaimed by the facility. September 14, 2010 Formalization of Non-Compliance Meeting letter was hand delivered and a follow-up inspection was conducted where violation *3e (improper cold hold) was cited. (it criwt: DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th AvenueN' Greeley, CO 80631 PublicHeslth ' Web: http://www.co.weld.co.us/departments/healthenvironment/ II Health Administration Public Health 8 Clinical Environmental Health Communication, Emergency Preparedness C Vital 970.Records Services Services Education 970. 0 Planning 8 Response O Tele:970.304.6410 Tele:970304.6420 Tale:9703046415 Tele:9703066470 Tale.970.304.6420 Fax: 970304.6412 Fax: 970304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax. W0.304.6469 Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work and play. COLORADO September 29, 2010 Certified Letter No.: 7009 2250 0000 0100 7043 Ms. Judith Hobart Nunn Café PO BOX 211 Nunn, Colorado 80648 RE: Nunn Café, 979 5th Street,Nunn, Colorado NOTIFICATION OF HEARING THIRD NOTICE OF CIVIL PENALTY RETAIL FOOD ESTABLISHMENT NON-COMPLIANT Dear Ms. Hobart: You, Judith Hobart, are hereby notified that the Weld County Department of Public Health and Environment has determined that the Nunn Cafe located at 979 5`11 Street, in Nunn, Colorado, has been found in violation of the provisions of Part 16, Title 25, Article 4 of the Colorado Revised Statutes 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 violation *3e(improper cold holding of potentially hazardous food) in writing, have been given an opportunity to comply and you remain in violation(* denotes critical violation). Background Summary March 09, 2010 A regular inspection was conducted during which violation *3e (improper cold hold) was cited. March 31, 2010 A follow-up inspection was conducted during which violation *3e (improper cold hold) was cited. April 2, 2010 A First Notification of Non-Compliance for *3e (improper cold hold) was sent by certified mail to the facility's mailing address and was unclaimed by the facility. Certified Letter No.: 7009 2250 0000 0100 7043 Nunn Café September 28, 2010 Page 2 April 21, 2010 The First Notification of Non-Compliance was hand-delivered and a follow-up inspection was conducted during which violation *3e(improper cold hold) was cited. April 26, 2010 A Second Notification of Non-Compliance for *3e (improper cold hold) was sent by certified mail to the facility's mailing address and was unclaimed by the facility. May 25, 2010 The Second Notification of Non-Compliance was hand-delivered and a follow-up inspection was conducted during which violation *3e (improper cold hold) was cited. May 27, 2010 A Notice of Civil Penalty for *3e (improper cold hold) was sent by certified mail to the facility's mailing address and was unclaimed by the facility. June 24, 2010 The Notice of Civil Penalty was hand-delivered and a follow-up inspection was conducted during which violation *3e (improper cold hold)was cited. June 28, 2010 The Second Notice of Civil Penalty and Informal Hearing was hand-delivered to Kevin Faulkner at the facility. July 22, 2010 Owner(Judith Hobart) and manager (Kevin Faulkner) attended an informal hearing with the Department to discuss food safety concerns and to develop a plan of correction for outstanding violations. August 2010 In several submissions, the total civil penalty due of$1,250 was satisfied through payment of$625 and purchase of approved equipment utilized to correct the violation, valued at $625. September 14, 2010 A follow-up inspection was conducted during which violation 3e (improper cold holding) was cited. Formalization of Non-compliance Meeting letter was hand- delivered to Kevin Faulkner at inspection as the letter went unclaimed after being sent by certified mail. 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$1,000.00. 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). You are scheduled to appear before a public meeting of the Weld County Board of Commissioners on October 11, 2010, at 9:00 a.m. The hearing will be held at the Weld County Centennial Center, 915 101h Street, First Floor, 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.: 7009 2250 0000 0100 7043 Nunn Café September 28,2010 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. Sincerely, Dan Joseph Debra Adamson, MPH Food Program Coordinator Consumer Protection Manager Environmental Health Services 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 Sara Evans, Environmental Health Manager, Environmental Health Services Nunn Café, via standard mail and certified mail Kevin Faulkner, PO BOX 263, Pierce Colorado 80650 6 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us I ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 July 29, 2010 Certified Letter No.: 7009 2250 0000 0100 6251 Ms. Judith Hobart P.O. Box 211 Nunn, Colorado 80648 RE: Nunn Cafe, 979 5th Street,Nunn, Colorado FORMALIZATION OF NON-COMPLIANCE MEETING Dear Ms. Hobart, This letter is to formalize our meeting on July 22, 2010, concerning issues of non-compliance at the Nunn Café located at 979 5`h Street in Nunn, Colorado. Dan Joseph and Debra Adamson met with Judith Hobart and Kevin Faulkner to discuss food safety concerns and to develop a plan for correction of the outstanding violations. At this time, the concern we have regarding food safety is related to the improper cold holding of potentially hazardous food. We discussed correction options with the owners in an attempt to ensure that these violations would not be cited during future inspections. The facility has implemented multiple changes s in order to ensure that violations of cold holding are not cited on future inspections. The facility has implemented time as a public health control, use of metal containers for potentially hazardous food, storing product in coolers when not in use, not completely filling containers, checking temperatures more often, and covering of potentially hazardous foods on the cold line when not in use. Other alternatives discussed were: keeping a temperature log, checking food temperatures as opposed to air temperature, obtaining equipment that is intended to keep cold product cold (Coldfest pans), using ice baths, augmenting the ventilation system within the kitchen, and obtaining a thermocouple. In addition, we discussed the issuance of the $500.00 and $750.00 civil penalties. It was discussed that up to fifty percent (50%) of the assessed penalty could be used toward correction of the issues as cited in the enforcement letters issued in 2010, providing the expenditures are for items or services approved by our Certified Letter No.: 7009 2250 0000 0100 6251 Nunn Cafe July 29, 2010 Page 2 department in advance of purchase. It was discussed that the civil penalty fees shall be paid within two (2)weeks. However, if violation 3e (improper cold hold) is cited during the next follow up inspection, the facility will be issued up to a$1000.00 civil penalty and the facility 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 revocation. Lastly, we discussed that any additional civil penalties assessed against this facility for any repeat violations in 2010, and/or failure to pay currently assessed civil penalties, would result in a formal hearing with the BOCC during which the Department will recommend for license revocation. Future inspections will be conducted by Dan Joseph and/or Debra Adamson and both are available for any assistance or education you feel would benefit your facility and staff. 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 Debra Adamson, MPH Food Program Coordinator Consumer Protection Manager Environmental Health Services 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 Sara Evans, Environmental Health Manager, Environmental Health Services tit;- , DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 17th Avenue Gree ley,y, CO 80631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 June 28, 2009 HAND DELIVERED Judith Hobart P.O. Box 211 Nunn, Colorado 80648 RE: Nunn Cafe, 979 5th Street,Nunn, Colorado SECOND NOTICE OF CIVIL PENALTY AND NOTICE OF INFORMAL HEARING RETAIL FOOD ESTABLISHMENT NON-COMPLIANT Dear Ms. Hobart: You, Judith Hobart, are hereby notified that the Weld County Department of Public Health and Environment has determined that Nunn Café located at 979 5`h Street in Nunn, Colorado, has been found in violation of the provisions of Part 16, Title 25, Article 4, of the Colorado Revised Statutes and the Colorado Retail Food Establishment Rules and Regulations. You, as licensee, have been notified of the item *3e (improper cold hold) of such violation in writing, have been given an opportunity to comply, and you have again been found to be in violation. Background Summary March 09, 2010 A regular inspection was conducted where violation *3e (improper cold hold) was cited. March 31, 2010 A follow-up inspection was conducted where violation *3e (improper cold hold) was cited. April 2, 2010 A First Notification of Non-Compliance for *3e (improper cold hold) was sent by certified mail to the facility's mailing address and was unclaimed by the facility. HAND DELIVERED Nunn Cafe June 28, 2010 Page 2 April 21, 2010 The First Notification of Non-Compliance was hand delivered and a follow-up inspection was conducted where violation *3e (improper cold hold) was cited. April 26, 2010 A Second Notification of Non-Compliance for *3e (improper cold hold) was sent by certified mail to the facility's mailing address and was unclaimed by the facility. May 25, 2010 The Second Notification of Non-Compliance was hand delivered and a follow-up inspection was conducted where violation *3e (improper cold hold) was cited. May 27, 2010 A Notice of Civil Penalty for *3e (improper cold hold) was sent by certified mail to the facility's mailing address and was unclaimed by the facility. June 24, 2010 The Notice of Civil Penalty was hand delivered and a follow-up inspection was conducted where violation *3e (improper cold hold) 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($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 10 days of the date of this letter to the Weld County Department of Public Health and Environment at 1555 North 17`h 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. In addition, this Department is requesting your attendance at an informal hearing to be held at the Weld County Department of Public Health and Environment, Environmental Health Services HAND DELIVERED Nunn Cafe June 28, 2010 Page 3 Division, 1555 North 17th Avenue, Greeley, Colorado, on Thursday, July 15, 2010, at 9:00 a.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 Kevin Antuna at (970) 304- 6415 extension 2222 or Debra Adamson at extension 2243. Sincerely, Kevin Antuna Debra Adamson, MPH Environmental Health Specialist Consumer Protection Manager Environmental Health Services 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 Sara Evans, Environmental Health Manager, Environmental Health Services DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 17'O063 Gree ley,y, CO 80631 WEBSITE: www.co.weld.co.us I ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 C PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 May 27, 2010 Certified Letter No.: 7009 2250 0000 0100 5407 Judith Hobart P.O. Box 211 Nunn, Colorado 80648 RE: Nunn Cafe,979 5`" Street,Nunn, Colorado NOTICE OF CIVIL PENALTY RETAIL FOOD ESTABLISHMENT NON-COMPLIANT Dear Ms. Hobart: You, Judith Hobart, are hereby notified that the Weld County Department of Public Health and Environment has determined that Nunn Cafe located at 979 5'" Street, in Nunn, Colorado, has been found in violation of the provisions of Part 16,Title 25, Article 4,of the Colorado Revised Statutes and the Colorado Retail Food Establishment Rules and Regulations. You, as licensee, have been notified of the item *3e(improper cold hold)of such violation in writing, have been given an opportunity to comply, and you have again been found to be in violation. Background Summary March 09, 2010 A regular inspection was conducted where violation *3e(improper cold hold)was cited. March 31, 2010 A follow-up inspection was conducted where violation *3e(improper cold hold)was cited. April 2, 2010 A First Notification of Non-Compliance for *3e(improper cold hold)was issued and was unclaimed by the facility... April 21, 2010 The First Notification of Non-Compliance was hand delivered and a follow-up inspection was conducted where violation *3e(improper cold hold)was cited. April 26, 2010 A Second Notification of Non-Compliance for *3e(improper cold hold)was issued and unclaimed by the facility. Certified Letter No.: 7009 2250 0000 0100 5407 Nunn Cafe May 27,2010 Page 2 May 25, 2010 The Second Notification of Non-Compliance was hand delivered and a follow-up inspection was conducted where violation *3e(improper cold hold)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($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 10 days of the date of this letter to the Weld County Department of Public Health and Environment at 1555 North 17`'Avenue, Greeley, Colorado. 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 correct the deficiencies set forth and maintain correction of the deficiencies 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 Kevin Antuna at(970)304-6415 extension 2222 or Debra Adamson at extension 2243. Sincerely, Kevin Antuna Debra Adamson, MPH Environmental Health Specialist Consumer Protection Manager Environmental Health Services 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 Sara Evans, Environmental Health Manager, Environmental Health Services Ks cett: ©4;s: DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 April 26,2010 Certified Letter No.: 7009 2250 0000 0100 5407 Judith Hobart P.O. Box 211 Nunn, Colorado 80648 RE: Nunn Cafe, 979 5th Street,Nunn, Colorado SECOND NOTIFICATION OF NON-COMPLIANCE RETAIL FOOD ESTABLISHMENT Dear Ms. Hobart: On April 21,2010, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow up inspection of Nunn Cafe, licensed by you Judith A. Hobart, located at 979 5th Street,Nunn,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 2,2010. The following items were found to be in violation of the subject regulations(* denotes a critical violation): VIOLATIONS *3e) Found grated cheese in cold top prep unit sitting above cold line at 65 F and butter on counter at 76 F. Potentially hazardous foods shall be kept cold at 41 F or below. Food was not off temperature for more than 4 hours so it was placed back in cooler, corrected at time of inspection. Maintain correction. REPEAT VIOLATION. Section 3-401 A of the Colorado Retail Food Establishment Rules and Regulations states: "The temperature of potentially hazardous food 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." l0a) Found domestic freezer(Coronado) in outside food storage shed with potentially hazardous food. All equipment used in a retail food establishment shall be approved commercial equipment. Correct immediately. REPEAT VIOLATION. Certified Letter No.: 7009 2250 0000 0100 5407 Nunn Cafe April 26, 2010 Page 2 Section 4-101 of the Colorado Retail Food Establishment Rules and Regulations states: "All equipment, utensils and single-service articles shall be fabricated with safe materials; be of commercial design,that is certified or classified for sanitation by an American National Standards Institute(ANSI)accredited certification program or a design approved by the Department; fabricated for durability under conditions of normal use..." Violation numbers 3e and 10a were also cited during an inspection of this facility on March 31, 2010, and the deficiency 3e was corrected at time of inspection and deficiency l0a was to be corrected immediately. 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 correct the deficiencies set forth immediately 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 Regulations by training employees on cold hold 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 violations have 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 Kevin Antuna at(970)304-6415 extension 2222. Sincerely, Kevin Antuna Debra Adamson, MPH Environmental Health Specialist Consumer Protection Manager Environmental Health Services 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 Sara Evans,Environmental Health Manager, Environmental Health Services DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17th Avenue Greeley, 80631 CO WEBSITE: www.co.weld.co.us ' ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX: (970) 304-6411 April 2,2010 Certified Letter No.: 7009 2250 0000 0100 5391 Judith Hobart P.O. Box 211 Nunn, Colorado 80648 RE: Nunn Cafe,979 5th Street,Nunn, Colorado FIRST NOTIFICATION OF NON-COMPLIANCE RETAIL FOOD ESTABLISHMENT Dear Ms. Hobart: On March 31, 2010, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow up inspection of Nunn Cafe, licensed by you Judith A. Hobart, located at 979 5`h Street, Nunn, Colorado. The following items were found to be in violation of the Colorado Retail Food Establishment Rules and Regulations(* denotes a critical violation): VIOLATIONS *3e) Found grated cheese in cold top prep unit sitting above cold line at 62 F, cut tomatoes at 58 F and butter on counter at 79 F. Potentially hazardous foods shall be kept cold at 41 F or below. Food was not off temperature for more than 4 hours so it was placed in cooler, corrected at time of inspection. Maintain correction. REPEAT VIOLATION. Section 3-401 A of the Colorado Retail Food Establishment Rules and Regulations states: "The temperature of potentially hazardous food 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." l0a) Found domestic freezer(Coronado) in outside food storage shed with potentially hazardous food. All equipment used in a retail food establishment shall be approved commercial equipment. Correct immediately. REPEAT VIOLATION. Section 4-101 of the Colorado Retail Food Establishment Rules and Regulations states: "All equipment, utensils and single-service articles shall be fabricated with safe materials; be of commercial design,that is certified or classified for sanitation by an American National Standards Institute(ANSI)accredited certification program or a design approved by the Department; fabricated for durability under conditions of normal use..." Certified Letter No.: 7009 2250 0000 0100 5391 Nunn Cafe April 2,2010 Page 2 Violation numbers 3e and 10a were also cited during an inspection of this facility on March 9, 2010, and the deficiency 3e was corrected at time of inspection and deficiency l0a was to be corrected within 10 days. 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 correct the deficiencies set forth immediately 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 Regulations by training employees on cold hold 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. 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 Kevin Antuna at(970)304-6415 extension 2222. Sincerely, Kevin Antuna Dan Joseph Environmental Health Specialist Food Program Coordinator Environmental Health Services Environmental Health Services cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services Mark E. 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