HomeMy WebLinkAbout20092629RESOLUTION
RE: ACTION OF THE BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY
ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST THE LITTLE RED BARN
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, the Little Red Barn, operated by Angela Krueger, located at 4005 35th Avenue,
Evans, Colorado 80620, 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 5th day of October, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violations, and
WHEREAS, Angela Krueger, operator/property owner, was present at said hearing, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deems it advisable to waive the civil penalty of $1,500.00 and to refer said violation to the Weld
County Attorney's Office, with instruction to delay legal action upon verification by staff that all
business operations have ceased.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the civil penalty of $1,500.00 against the Little Red Barn be, and hereby is,
waived, and that the violation is referred to the Weld County Attorney's Office to remedy the violation
of the Weld County Code and Section 25-4-16, C.R.S., and any other persons occupying the
properties, any persons claiming an interest in the properties, and any persons acting in active
concert with the identified parties, with instruction to delay legal action upon verification by staff that
all business operations have ceased.
2009-2629
HL0036
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HEALTH VIOLATIONS - LITTLE RED BARN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of October, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to th
County Attorney
David E. Long
Date of signature: /O/,Z0C9
2009-2629
HL0036
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COLORADO
Memorandum
TO: Board of County Commissioners
From: Dan Joseph
DATE: October 5, 2009
SUBJECT: The Little Red Barn operated by Angela
Krueger
The Little Red Barn, operated by Angela Krueger, located at 4005 35th Avenue, Evans,
Colorado, has failed to obtain a Retail Food Establishment license as required by law. The
Weld County Department of Public Health and Environment (Department) has made
numerous contacts in person, by phone, by e-mail and by mail (see attached time line).
During each contact it was explained to the operator that they could not sell potentially
hazardous food until such time that they obtain a Retail Food Establishment license.
However, the facility continues to sell potentially hazardous items (breakfast burritos)
without obtaining a Retail Food Establishment License. A breakfast burrito was most
recently obtained on September 23, 2009. The Department feels that facility has been given
all opportunities to come into compliance as afforded to them in the Colorado Revised
Statues.
The Weld County Department of Public Health and Environment recommends that the
Board of County Commissioners (BOCC) assess an additional civil penalty of $1000.00
($1500.00 total) as allowed in the Colorado Revised Statues and direct the County
Attorney's office to pursue legal action against the facility to cease all retail food
operations.
2009-2629
Angela Krueger- Little Red Barn
Chronological History
May 18, 2009:
May 20, 2009:
Late May 2009:
June 29, 2009:
June 30, 2009:
August 3, 2009:
August 3, 2009:
August 11, 2009:
August 14, 2009:
September 3, 2009:
Environmental Health Specialist visits location and observes Ms.
Krueger selling burritos. It is determined that the operation
requires a license, and discusses with Ms. Krueger how to become
a licensed Retail Food Establishment. It was discussed that if Ms.
Krueger would like to continue to sell burritos, or any other
potentially hazardous foods, that she would need to obtain a
Retail Food Establishment License. Foods that do not require a
license were also discussed as an alternative.
A Notification of Violation, Failure to Obtain a Retail Food
Establishment License letter is sent to the facility and is signed for
by Robin Rodriquez on May 22, 2009.
Ms. Krueger delivers plan review paper work to the Health
Department as required, but after review it is determined that
paper work is incomplete. Ms. Krueger was asked to return the
paper work after it had been completed.
An Environmental Health Specialist (EHS) visits the facility and
observes Ms. Krueger selling food. The EHS purchases a burrito
from the facility.
Notification of Civil Penalty is mailed to 4005 35th Avenue in
Evans, Colorado. The post office attempts to deliver it on 3
occasions, but it is unclaimed.
The Notification of Civil Penalty is hand delivered to the facility
and the person operating the booth refused to give name (was
not Angela Krueger).
Dan Joseph and Ms. Krueger discuss the issuance of the civil
penalty and that the facility is not allowed to sell potentially
hazardous foods until such time that they become a licensed
Retail Food Establishment.
Environmental Health Specialist visits facility and is able to
purchase a burrito, which is a potentially hazardous food. In
addition, the facility asks if the specialist has their punch card (you
can buy 11 and get one free).
The Department receives a request from Ms. Krueger requesting
that the civil penalty be paid over a 3 month period.
Facility is issued a Notification of Hearing for Failure to Obtain a
Retail Food Establishment License.
September 13, 2009: Ms. Krueger sends an e-mail requesting an alternative date for the
hearing as she would not have anyone to drive her there. In the e-mail
she also states that she intends to become licensed and is currently
obtaining additional equipment for the location.
September 13, 2009: Dan Joseph discusses the situation by phone with Ms. Krueger. Dan
Joseph confirms that the following Monday would work for Ms. Krueger
and states that he will re -schedule it. During the phone conversation Dan
states that she is not allowed to sell breakfast burritos until she becomes
licensed. Dan also discusses with her that she should contact Ann Siron
with code enforcement concerning the zoning status of her facility
immediately.
September 15, 2009: Dan Joseph e -mails Ms. Krueger and informs her that the date of the
Hearing has been moved to October 5, 2009. The e-mail again states that
she is not allowed to sell any potentially hazardous foods until the facility
becomes licensed.
September 23, 2009: Environmental Health Specialist visits facility and is able to purchase a
burrito, which is a potentially hazardous food. The facility had run out of
burritos and had to make the burrito while the Specialist waited. In
addition, it stated they burritos were made by anonymous.
Note:
On May 18, 2009, Ms. Krueger was asked where the burritos were being
prepared. She stated that they burritos were being made at Meme's Brick
Oven Pizza. After discussions with the owners of that facility it was
determined that the burritos were not being supplied by them. At this time
it is unknown where the burritos are being prepared.
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