HomeMy WebLinkAbout20110972.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ISSUING CEASE AND DESIST ORDER FOR
RETAIL FOOD ESTABLISHMENT OPERATING WITHOUT A LICENSE - NICK ST.
GEORGE
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, Nick St. George, located at 829 10th Street, Greeley, Colorado 80631, 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 had not been corrected, and
WHEREAS, on the 13th day of April, 2011, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violations, and
WHEREAS, Nick St. George, operator/property owner, was present at said hearing, and
WHEREAS, after hearing testimony from all present on April 13, 2011,the Board of County
Commissioners deemed it advisable to waive the civil penalty of $1,500.00, hold the $355.00 in
fees, in abeyance, and to dismiss the matter,with the understanding the Board will consider issuing
a cease and desist order at the following Board meeting on April 18, 2011, if all the application
materials have not been submitted or the facility does not pass inspection.
WHEREAS, after hearing testimony from all present on April 18, 2011,the Board of County
Commissioners deemed it advisable to affirm its decision to waive the civil penalty of$1,500.00,with
the $355.00 in fees already being paid by Mr. St. George, and to dismiss the request for a Cease
and Desist Order.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the previous decision to waive the civil penalty of$1,500.00 be, and hereby
is, affirmed,with the$355.00 in fees already being paid by Mr. St. George, and that the request for a
Cease and Desist Order, be and hereby is, dismissed.
CC � i t� 2011-0972
5--‘5-11 HL0038
HEALTH VIOLATIONS - NICK ST. GEORGE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of April, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: - � . � .��� J , /�
rbara Kirkmeyer, hair /J Weld County Clerk to the :!n' Q
f can P. Co ay, Pro-Tem ci:9--
BY:
Deputy Clerk to the Board
Willi F. Garcia
A E O M: (N1
David E. Long
ounty Attorney c a
/ Dougla Radema her
Date of signature: 6//z!
2011-0972
HL0038
Memorandum
1861 - 2011
TO: Board of County Commissioners
i
FROM: Debra Adamson
WELD__000NTY
DATE: April 15, 2011
SUBJECT: Nick St. George, Update Hearing
As requested by the Board during the hearing held on April 13, 2011, related to the failure of Mr.
Nick St. George to obtain a retail food establishment license, Dan Joseph and Debra Adamson
performed an assessment of the Masonic Lodge kitchen, in use by Mr. St. George as a
commissary kitchen for his business, Catered by Corleone's. The kitchen was found to be
lacking two critical pieces of equipment(a handwashing sink and a food preparation sink) and to
have a backflow prevention change needed for the 3-compartment sink. In addition, there were
numerous other items that were necessary in order to bring the kitchen to the condition expected
of a licensed retail food establishment, but they are less important than the sinks and the
backflow prevention.
Through a combination of short-term menu alteration as well as the setting of staggered
deadlines according to priority and risk, we were able to keep Mr. St. George in operation while
he takes care of the required work. The handwashing sink must be installed by 5:00 PM on
Monday, April 18. The installation of the food preparation sink and the plumbing work on the 3-
compartment sink must be accomplished by 5:00 PM on Friday, April 22. The other tasks were
grouped into those with a 30-day deadline and those with a 90-day deadline.
Until the handwashing and food preparation sinks are installed, and the 3-compartment sink
indirectly drained, the business will only provide lunch/deli item deliveries and will not accept
catering jobs, as until this primary equipment is provided, we have limited their operation to cold
items and fresh cooked soups, with no complex cooking processes allowed. Once these first
three items are accomplished, the facility may perform full operations as required by the menu
they wish to serve, including catering.
Mr. St. George paid the plan review application fee of$100.00 as well as the license fee of
$255.00 on April 13. The health department will perform an inspection on Monday, April 25, to
assess progress and will formally issue the retail food establishment license at that time if the
initial, critical deadlines have been met and equipment installed correctly. Also at that time, the
remainder of the plan review fees will be collected (review and inspection time is charged at
$45.00/hour). We recommend continuance of this case until such time as the last deadline would
have been met. In addition, the health department assessed civil penalties of Mr. St. George
during the enforcement process, and whether these are to be paid is yet to be addressed.
1 8 6 1 - 2 0 1 1 Memorandum
• :0a
of County Commissioners
FRFROM: an Joseph
WELk OUNTY
DATE: April 13,2011
SUBJECT: Nick St. George
Nick St. George has been operating a catering business from the Occidental Lodge (part of
the Colorado Free Masons) located at 829 10t Street in Greeley, Colorado, and has failed
to obtain a retail food establishment license, has failed to pay an assessed civil penalty and
continues to operate after being issued two cease and desist orders.
The Department has had multiple conversations with Mr. St. George; however, sales
continue to occur. Currently Mr. St. George has been assessed $1500.00 in civil penalties
and in addition would need to submit at minimum $355.00 (not including review time for
inspections) for fees related to licensing.
The Weld County Department of Public Health and Environment recommends the Board
of County Commissioners direct the County Attorney' office to pursue legal action against
Mr. St. George to either collect the 2011 license fees and assessed civil penalties, or to close
the operation.
Note: The Department had a similar case in 2008 when a facility failed to obtain a license
and pay the assessed civil penalties. The County Attorney's office filed a contempt citation
in District Court.
2011-0972
Nick St. George Time Line
Fall 2010: Mr.St. George conducted food sales at the Weld County Department of
Public Health and Environment. During conversations with Mr.St.
George, he stated that he was using the Loyal Order of Moose Lodge in
Evans, Colorado, as his food preparation and storage commissary until
such time that he could license the facility located at 829 10th Avenue, in
Greeley, Colorado (part of the Colorado Free Masons).
December 29, 2010: The Department conducted an inspection at the Loyal Order of Moose
Lodge,where on previous visits to the Health Department(where sales
were conducted) Mr.St. George stated he was preparing the food.
During the inspection it was stated by the management of the Loyal
Order of Moose Lodge that he had not been using the facility to prepare
foods since August 2010.
January 7, 2011: The Department hand delivered a Notification of Violation for Failure to
Obtain a Retail Food Establishment License.The letter stated that
operations requiring a retail food establishment license must cease and
desist. Mr. St. George stated that he was still using the Moose Lodge for
food preparation, and it was requested by the Department that he
submit information to that fact.
January 12, 2011: The Department learned that sales were conducted on this day.
January 12, 2011: Debra Adamson contacted the Loyal Order of the Moose Lodge to again
confirm that Mr. St. George was not preparing foods at this facility. The
manager again confirmed that he had not prepared foods at the facility
since August 2010.
January 14, 2011: Mr.St. George had not submitted any information to the Department
(either licensing paperwork or information on where food is being
prepared) as of this date.
January 14, 2011: The Department hand delivered Notification of Civil Penalty Assessment
to Mr. St. George and discussed what the license requirements were
and what actions would be taken if he continued to operate without a
license. The Department assessed a five hundred dollar($500.00) civil
penalty which as of March 28, 2011, had not been paid.The civil penalty
letter stated that operations must cease and desist until such time that
a license was obtained.
March 23, 2011: Department staff observed vehicle and person entering the Sheriffs
office building, located next door to the health department, with a
cooler.The Department confirmed with the Sheriffs office by phone
that Mr. St. George was selling items that require licensure.
March 30, 2011 Department staff observed Mr.St. George exiting from the Sheriffs
office building with coolers used in the sale of food product.
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