HomeMy WebLinkAbout20091284.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVOCATION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE - CARNICERIA LA PROVIDENCIA
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, Carniceria la Providencia, located at 2434 10th Street, 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 19th day of November, 2008, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violations,
at which time the Board deemed it advisable to issue a one -month suspension of said Retail Food
Establishment License, to be actively suspended for a period of two (2) weeks, to be served from
November 19, 2008, to December 2, 2008, with direction to staff to conduct a thorough inspection
of the establishment within the two-week active suspension period, and to present the findings of
the inspection to the Board at the regularly scheduled meeting of December 1, 2008, with the
intention that if staff determined that all critical violations of the Colorado Retail Food Establishment
Rules and Regulations had been adequately addressed, and if the operator paid the assessed civil
penalty fee of $500.00, the remaining two (2) weeks of the suspension shall be held in abeyance
for a period of one (1) month, pending no further critical violations of the Colorado Retail Food
Establishment Rules and Regulations during this period, and
WHEREAS, staff from the Department of Public Health and Environment conducted a site
inspection on November25, 2008, and at said hearing on December 1, 2008, reported to the Board
that the establishment made dramatic improvement overall, adequately addressed all critical
violations of the Colorado Retail Food Establishment Rules and Regulations, arranged for
employees to attend Weld STAR training sessions, and provided payment for the assessed
$500.00 civil penalty fee, and
WHEREAS, based upon the inspection report provided from the Department of Public
Health and Environment, and after hearing testimony from all present on December 1, 2008, the
Board of County Commissioners deemed it advisable to hold the remaining two (2) weeks of the
suspension in abeyance for a period of six (6) months, pending no further critical violations of the
Colorado Retail Food Establishment Rules and Regulations, and
WHEREAS, on December 1, 2008, the Board also deemed it advisable to reconsider the
matter in approximately six (6) months, on June 3, 2009, at which time staff from the Department
of Public Health and Environment will provide a final progress report regarding the establishment,
to determine if further action by the Board will be necessary, or if the matter may be dismissed at
that time, and
2009-1284
HL0035
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HEALTH VIOLATIONS - CARNICERIA LA PROVIDENCIA
PAGE 2
WHEREAS, at said hearing on June 3, 2009, staff from the Department of Public Health
and Environment provided testimony that the facility has maintained marked improvement;
however, a change of ownership occurred at the facility, effective June 1, 2009, therefore, the
Department recommends dismissal of the matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that said matter regarding the revocation/suspension request of the Retail Food
Establishment License for Carniceria la Providencia, located at 2434 10th Street, Greeley,
Colorado 80634, be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 3rd day of June, A.D., 2009.
BOARD OF C TY COMMISSIONERS
W tbD ORADO
ATTEST:
Weld County Clerk to the Board
BY
Depu ' Clerk to the Board
APPROVED AS TO FORM:
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Date of signature
2009-1284
HL0035
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COLORADO
Memorandum
TO: Board of County Commissioners
From: Debra Adamson, Health Department
DATE: May 29, 2009
SUBJECT: Carniceria la Providencia Recommendation
As directed by the Board of County Commissioners at the December 1, 2008, hearing, staff
of the Weld County Department of Public Health and Environment (the Department)
conducted monthly regular inspections of the Carniceria la Providencia, located at 2434
10th Street, Greeley, and owned by Esmeralda Velasquez. While isolated violations were
noted, the facility showed and maintained marked improvement in food handling, food
storage, cleaning and sanitization practices, and in following their management strategies.
The ownership of this facility will change as of June 1, 2009. Our office already has
received the license application and license fee from Ricardo Cerrillo. Mr. Cerrillo has
been notified that the requirement for the installation of a separate 3 -compartment sink
(for equipment washing) and food preparation sink (for thawing and washing of raw meat)
will remain and must be accomplished within 30 days of the change of ownership. This was
a requirement stipulated during the December 1, 2008, hearing, and Ms. Velasquez was
unable to accomplish it for financial reasons. The need for these sinks remains as the
operation, a combined meat market, grocery and restaurant, will not change, and it is the
standard for new and remodeled facilities of this nature to keep the restaurant and raw
meat operations separated.
Based upon the change of ownership of Carniceria la Providencia, the Department is
recommending for the dismissal of this case.
2009-1284
Jennifer VanEgdom
From:
Sent:
To:
Subject:
Attachments:
Carniceria la
Providencia BOCC...
Jenny
Deb Adamson
Friday, May 29, 2009 3:50 PM
Jennifer VanEgdom
Memo concerning the June 3, 2009, update for Carniceria la Providencia
Carniceria la Providencia BOCC Memo for 06032009 hearing.doc
Attached is a memo for the Carniceria la Providencia update scheduled for the morning of June 3. At the last
minute, the place has changed hands, and has a new owner. However, he actually is the original owner who took
back the market due to nonpayment on the lease by Esmeralda Velasquez and the Meza family.
Let me know if there are any questions. A representative from our Department will be there Wednesday morning
in case there are any questions, but we are requesting that the case be dismissed.
Deb
Debra Adamson, MPH
Environmental Health Specialist
Weld County Department of Public Health and Environment
1555 North 17th Avenue
Greeley, CO 80631
phone: 970.304.6415 x 2243
fax: 970.304.6411
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