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HomeMy WebLinkAbout20102400.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - LOS GALLITOS TAQUERIA 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, Los Gallitos Taqueria, located at 720 Denver Avenue, Fort Lupton, Colorado 80621, 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 24th day of May, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violations, and WHEREAS, after hearing testimony from all present, the Board of County Commissioners deemed it advisable to suspend said license to allow the facility to address the violations and demonstrate compliance with the Colorado Retail Food Establishment Rules and Regulations by hiring an outside consulting agency which will perform additional inspections and provide on-site training to all staff present within the facility, and set the matter for another hearing on June 7, 2010, at 9:00 a.m., to determine status of the facility and whether further action is necessary, and WHEREAS, after hearing testimony from all present at the hearing on June 7, 2010, the Board of County Commissioners deemed it advisable to continue the suspension of said license for an additional period of two weeks to allow adequate time for the facility to come into compliance with the requirements as set forth by the Department of Public Health and Environment within a memorandum dated June 7, 2010, and to set the matter for another hearing on June 21, 2010, at 9:00 a.m.,to review the progress of the facility to determine if further action will be necessary, and WHEREAS, after hearing testimony from all present at the hearing on June 21, 2010, the Board of County Commissioners deemed it advisable to dismiss the suspension, with the following terms and conditions: 1) The facility must submit a signed contract with Public Health and Food Safety Services, LLC, and have three (3) inspections conducted by the company within the following three (3) weeks. 2) The facility must maintain substantial compliance and have no violations that would be classified in the foodborne illness risk factor category or that would lead to a citation for failure to demonstrate adequate knowledge. L� t- L (-b ),S2rY �11. V O LQ -1O 2010-2400 HL0037 HEALTH VIOLATIONS - LOS GALLITOS TAQUERIA PAGE 2 WHEREAS, after hearing testimony from all present at the hearing on September 13, 2010, the Board of County Commissioners deemed it advisable to continue the matter until October 11, 2010, with the following stipulations: 1) Public Health Service Agency has agreed with Los Gallitos Taqueria to conduct weekly unannounced inspections at the expense of Los Gallitos Taqueria. 2) The Department of Public Health and Environment shall conduct inspections at least every other week. 3) The license shall be suspended upon a critical violation being cited by the Department of Public Health and Environment, or reported by Public Health Service Agency. 4) In the event of a critical violation citation and suspension of the license, the license shall be presented to the Board of Weld County Commissioners for hearing to consider revocation. WHEREAS, on October 11, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to continuing violations and Christina Flores, Part-Owner, and Zahira Arguello, Manager, were present at said hearing, and WHEREAS, after hearing testimony from all present at the hearing on October 11, 2010,the Board of County Commissioners deemed it advisable to continue the matter to November 10, 2010, allowing the establishment to operate with the following stipulations: 1) Public Health and Food Safety Services, LLC, has agreed with Los Gallitos Taqueria to conduct weekly unannounced inspections at the expense of Los Gallitos Taqueria. 2) The Department of Public Health and Environment shall conduct inspections at least every other week. 3) The license shall be suspended upon a critical violation being cited by the Department of Public Health and Environment, or reported by Public Health and Food Safety Services, LLC. 4) In the event of a critical violation citation and suspension of the license, the license shall be presented to the Board of Weld County Commissioners for hearing to consider revocation. 5) An inspection will be conducted by the Department of Public Health and Environment before the establishment may reopen. 6) A copy of the contract with Public Health and Food Safety Services, LLC must be submitted to the Department of Public Health and Environment before the establishment may reopen. 2010-2400 HL0037 HEALTH VIOLATIONS - LOS GALLITOS TAQUERIA PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the matter be, and hereby is, continued to November 10, 2010, allowing the establishment to operate with the above-stated stipulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of October, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST �,` EXCUSED ` Do glas Rademacher, C air Weld County Clerk to th:(•t- II. l �• f` -arbara Kirkmeyer, o-Tem / BY: � D. �� i� ,�..:? // 619. Deputy Clerk to the a>•g ./ a...: ‘`,,,e., Sean Y APP D M: U ..--- W F. Garcia C' , County Attorney \- David E. Long Date of signature: /v/26 2010-2400 HL0037 Hello