HomeMy WebLinkAbout20100289.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY
ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ALBERTO'S FOR
VIOLATIONS OF THE COLORADO RETAIL FOOD ESTABLISHMENT RULES AND
REGULATIONS
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, Alberto's, operated/owned by Becky Morales and Brian Morales, located at
2605 West 11th Street Road, Greeley, Colorado 80634, 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 8th day of February, 2010, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violations, and
WHEREAS, Becky Morales and Brian Morales, operators/property owners,were present at
said hearing and requested a continuance to allow them adequate time to retain legal counsel to
present their evidence, and
WHEREAS,after hearing testimony from the Department of Public Health and Environment,
and the lack of a response from the owners/operators to dispute staffs evidence, the Board of
County Commissioners deems it advisable to issue a two-day suspension of the Retail Food
Establishment License held by Alberto's for violation of the Colorado Retail Food Establishment
Rules and Regulations, effective immediately, and to set a new hearing for Wednesday,
February 10,2010, at 9:00 a.m.,to allow the operators/property owners adequate time to retain legal
counsel and prepare a response, and to make further determination of whether to assess
the $750.00 civil penalty, extend the suspension of operations, revoke the license, or dismiss the
hearing based upon evidence of an agreed upon Stipulation Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that based upon the evidence presented by the Department of Public Health and
Environment, and the lack of a response from the owners/operators to dispute staffs evidence,the
Board of County Commissioners deems it advisable to issue a two-day suspension of the Retail
Food Establishment License held by Alberto's for violation of the Colorado Retail Food
Establishment Rules and Regulations, effective immediately.
2010-0289
l LI L / HL0037
HEALTH VIOLATIONS-ALBERTO'S
PAGE 2
BE IT FURTHER RESOLVED by the Board that a hearing be set for Wednesday,
February 10, 2010, at 9:00 a.m.,to allow the operators/property owners adequate time to retain legal
counsel and prepare a response, and for the Board to make further determination of whether to
assess the civil penalty of $750.00, extend the suspension of operations, revoke the license, or
dismiss the hearing based upon evidence of an agreed upon Stipulation Agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of February, A.D., 2010.
pp ,BOARD OF COUNTY COMMISSIONERS
� �+�e�� LD COUNTY, COLORADO
ATTEST: mD k'S 4I-¢b(;� l�
ssi n'-�p``.las Hademacher, Chair
Weld County Clerk to the Bo-.
' t1 t k CUSED
/ ? t -' \ �.arbara Kirkmeyer, Pro-Tem
Dept Clerk o the oard P —
Sean P. Co C
APP AS F • / C/ / ��
W0f m F. GarciaVC
o my torney c�
David E. Long
Date of signature: 0I33hD
2010-0289
HL0037
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