HomeMy WebLinkAbout20090134RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVOCATION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE AND APPROVAL OF STIPULATION AGREEMENT -
THE SONIC DRIVE-IN (FORT LUPTON)
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 Sonic Drive -In, located at 809 1st Street, 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 14th day of January, 2009, a public hearing was held before the Board
of County Commissioners, at which time a Stipulation Agreement, dated January 14, 2009, and
drafted in conjunction between the establishment, the Department of Public Health and
Environment, and the County Attorney, was presented to, and approved by the Board, and
WHEREAS, at said hearing, upon the recommendation of the County Attorney, the Board
deemed it advisable to continue the matter for a period of one week, to January 21, 2009, at
9:00 a.m., in order to allow the operators of the establishment to fulfill the necessary obligations
listed within the stipulation agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Stipulation Agreement, dated January 14, 2009, and attached hereto
as Exhibit A, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the matter be, and hereby is, continued
for one week to January 21, 2009, at 9:00 a.m.
2009-0134
HL0036
0i (7lo-0
HEALTH VIOLATIONS - THE SONIC DRIVE-IN (FORT LUPTON)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by the
following vote on the 14th day of January, A.D., 2009.
ATTEST:
,i
A'r+t, !'ci
�(iI
Weld County Clerk to the
BY.'
G� R
ti Lott
D$puty Oterk to the Boa
APPROVED AS TO FORM:
Coy r Attorney
Date of signature. / bjcel
EXCUSED
BOARD OF COUNTY COMMISSIONERS
WELD CO y, &K6 ORADO
Douglas
Se P. Conway
arbara Kirkmeyer
ct-
David E. Long
2009-0134
HL0036
STIPULATION IN RESOLUTION OF
THIRD NOTICE OF CIVIL PENALTY
SONIC DRIVE IN, FORT LUPTON, COLORADO
Facility Location: Sonic Drive In, 809 l5t Street, Fort Lupton, CO ("Restaurant")
Date of Notification
Of Hearing: December 18, 2008
Hearing Date: January 14, 2009, 9:00 a.m., Weld County Board of Commissioners
This Stipulation in Resolution of Third Notice of Civil Penalty ("Stipulation") is entered
into in resolution and satisfaction of all issues which are the subject of the above referenced
Third Notice of Civil Penalty ("Third Notice") hearing, it being agreed as follows:
I. OBLIGATIONS OF RESTAURANT
1. In accordance with informal hearing held on November 17, 2008 in the offices of the
Weld County, Colorado Department of Public Health and Environment ("Department'),
certain equipment has been obtained and installed at the Restaurant, to address certain
identified issues. Pursuant to the "Formalization of Noncompliance Meeting" dated
November 24, 2008, the Restaurant was allowed to use the purchase of such equipment
improvements as substitution for civil penalty. Attached hereto as Exhibit "A" and
incorporated herein by this reference is a true and correct copy of the invoice reflecting
such equipment which had a cost of approximately $900.00. All assessed civil penalties,
other than those provided in paragraph 2 below, have been satisfied by the Restaurant.
2. On the date of January 14, 2009, there shall be paid by the Restaurant to the Department,
a civil penalty in the full amount of $1,000.00, as and for the civil penalty under the
above referenced Third Notice which is the subject of the above referenced hearing.
3. Staff currently working at the Restaurant shall, within seven (7) days following January
14, 2009 be provided training by the Restaurant, on -site at the Restaurant, with respect to
hygienic practices, drink storage, procedure for taking and monitoring temperatures of
food items, including cold hold and hot hold temperatures, and observation and removal
of moldy food. Such training is to be conducted by the Restaurant personnel who are
involved in its food safety program. The staff receiving such training shall also attend a
formal training session in food safety practices within 30 days following January 14,
2009. Each such staff member required to obtain training shall execute appropriate log
sheets reflecting that the required training has been received.
I
1-13-09 — Stipulation in Resolution of Third Notice Civil Penalty #2 — Sonic Drive In
4. The staff at the Restaurant shall, twice each day, check the Restaurant facility for any
moldy food items or containers, and shall maintain appropriate logs reflecting such
inspections. The logs shall be submitted to the Department once each week for eight
consecutive weeks with the first such log report to be submitted to the Department on or
before January 21, 2009, and the last such log report to be submitted to the Department
on or before March 11, 2009.
5. The staff at the Restaurant shall monitor and document the temperatures of cold hold and
hot hold food items, at a minimum of every three hours, and shall maintain appropriate
logs reflecting such inspections. The logs shall be submitted to the Department once each
week for eight consecutive weeks with the first such log report to be submitted to the
Department on or before January 21, 2009, and the last such log report to be submitted to
the Department on or before March 11, 2009.
6. The Restaurant shall establish a management structure for the Restaurant, delineating the
staff members responsible for carrying out the observation and logging requirements set
forth in paragraphs 4 and 5 above, and provide a copy of the management organizational
chart reflecting such responsibilities to the Department on or before January 16, 2009.
7. The on -site manager of the Restaurant shall provide evidence to the Department of
completion of a formal manager's training class, such as "Serve Safe for Managers".
Such training shall be completed within 30 days of January 14, 2009.
8. Equipment shall be installed in the Restaurant to prevent drinks from being stored
improperly, as discussed in the informal hearing of November 17, 2008. Such equipment
shall consist of a disposable drink dispenser and shall be ordered on or before January 15,
2009, and installed within three days of its receipt at the Restaurant.
II. EFFECTIVE UPON APPROVAL OF BOARD OF COMMISSIONERS
This Stipulation shall be presented in lieu of hearing on January 14, 2009, for approval by
the Weld County Board of Commissioners ("Board"), and shall be effective upon, and in full
force and effect as an Order of the said Board.
III. FURTHER PROCEEDINGS
1. The hearing scheduled for January 14, 2009, before the Board shall be continued to
January 21, 2009 at 9:00 a.m. to determine if the obligations of the Restaurant set forth in
paragraphs 3 and 6 of Article I above have been satisfied. If so satisfied, the hearing
shall be continued until March 16, 2009, at 9:00 a.m. to determine if the obligations of
paragraphs 4, 5, 7 and 8 of Article I above have been satisfied. If the terms and conditions
have been met by the Restaurant as required by this Stipulation, then all issues related to
the Third Notice are deemed satisfied in full and the Third Notice shall be dismissed by
the Board.
2
1-13-09 — Stipulation in Resolution of Third Notice Civil Penalty #2 — Sonic Drive In
2. If at the hearing on January 14, 2009, or at the hearing on March 16, 2009, the
Department asserts that the Restaurant has not complied with the obligations and terms
and conditions of this Stipulation, the Board shall then consider the allegation(s) of
noncompliance and issue appropriate sanctions, including suspension and/or revocation
of the license, if the allegation(s) is/are found to be true.
3. The Restaurant understands and acknowledges that it shall be required to maintain
compliance with the Colorado Retail Food Establishment Rules and Regulations.
Dated this I'll' day of , 2009.
Sonic Drive In
809 1 s` Street
Fort Lupto O
By:
Clifton M. ord, Partnelf, Rocky Mountain Operating
Weld County, Colorado
Department of Public Health and Environment
Dated this °��^ day of JorLa/ci ,2009.
By:
nvd a -co (ern. „(title)
Approved and Accepted by the Weld County
Board of Commissioners on January 14, 2009.
Dated this 11day of ,„„, 2009.
By:
(title)
3
Approved by the Weld County Attorney:
Dated this )' /vday 7), 2009.
1-13-09 — Stipulation in Resolution of Third Notice Civil Penalty #2 — Sonic Drive In
en -7-(157
HAGAR :RESTAURANT SERVICE, INC.
1229 WEST MAIN ST.
OKLAHOMA CITY, GK 73106-71102
405-235-2184 300-44.5"-1791
FAX '1:13--236--'5592
I
Please
Bill SONIC DRIVE [N #4317
Ti: XFORD a FORD INVESTMENTS
P.O. BOX 1024
.AYLOR, TX. 76574
Acct # 303--357--4376
Invoice Invoice Pane
Date: No.
12/08/08 511075 1
NVOICE
Pay From Invoice'
Ship SONIC DRIVE IN #4317
To 309 1st STREET
FORT LUPTON, CO 80621
Orr No Ord Date SLP Purchase Order N Ship Via Ship Date Terms
462742 12/08/08 TJ around Se:•vice 12/08/03 NET 20
6! t y
Ord
Oty
Shp Item Number
5 5 H30123--1
▪ 2 H30120-1
1 1 SR826 33
1 1 SR80310
• H30015
2 H30012
1 1 SR81:20
1 1 APW34109
2 2 APW89164
1 1 RU7000270
1 1 BI500446
1 1 81500447
12 12 H50089
0 APW55960
5 tnJ �{
St r:
nR
Net E:<':endec
Description Price Price Unit Net
PAN COL.DFEST 1/6 SZ WHITE
PAN COLDFEST 1/3 SZ WHITE
MILK JAR HOLDCOLD WHITE
HINGED LID TRANSPARENT
PAN 1/4 SIZE 6" S/S CHILI
LID 1/4 SIZE SLOTTED SS
PUMP W/LID FOR ESP ROUND
CONVEYOR MOTOR 4RPhf
ADJUSTING SCREW 1/4--20
h10IOR 115V 3 RPM HOC
SHAFT DRIVEN GEN II .
SHAFT DRIVE GEN II
THERMOMETER REF -20 TO 60
8/0 1 MC596 $72.99
ELEMENT 120V B00W
8/0 3 HA'r -03—.107 .27.75
Reg: 19 Orw: 19 Usr•:CR
925.9E XXXXXXXXXXXX
Received By:
3:C =
17:10
- J
28. 44
44.73
105. 00
28.00
20.16
10.65
172,00
164.20
1.1'0
119.30
173.30
11i2.50
4. 10
27.47
21.33
29.82
68.25
21.00
12.10
6.39
108.36
114.94
63
83.51
133.64
93.00
3.08
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
EACH
106. G!
5`i. fiz
63.
21.24
24.24
12.
108.3E
114.3'
1. 6C
83.31
28. 64
38.02
36.96
20. 60 EACH
Sale Amount
Sales Tax
El -eight
Total
Pmt Rec'd
Rat Doe
695.13
.00
3 Qk. 77
925. 9S
.00
9•;15. r6
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