HomeMy WebLinkAbout20090653RESOLUTION
RE: ACTION OF THE BOARD CONCERNING REVOCATION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE - 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, 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, and
WHEREAS, at said hearing, staff indicated no violations were cited at the recent inspection,
and the Board deemed it advisable to continue the matter to March 16, 2009, to allow the facility
to fulfill the remaining items of obligation listed within the Stipulation Agreement, dated January 14,
2009, and
WHEREAS, at said hearing on March 16, 2009, The Sonic Drive -In was not present or
represented at said hearing, although all parties were notified of said hearing by the Department
of Public Health and Environment, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deems it advisable to dismiss the matter as the facility has established compliance with all of the
terms within the Stipulation Agreement, dated January 14, 2009.
2009-0653
HL0036
C'/Lk t7o
HEALTH VIOLATIONS - THE SONIC DRIVE-IN (FORT LUPTON)
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the matter be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of March, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY:
APP
to
De uty CI: ' to the Boar
D AS TS: SRM:
ounty Attorney
Date of signature. 4
BOARD OF COUNT OMMISSIONERS
WELD COUNTY, '.i! RADO
illiam F. Garcia, Chair
Dougla- 'ademacher, ro-Tem
C l
Sean P. Conway
arbaga f(irkmeyer
David E. Long
2009-0653
HL0036
iet:,
1111k.
COLORADO
Memorandum
TO: Board of County Commissioners
From: Dan Joseph, Health Department
DATE: March 12, 2009
SUBJECT: Sonic Drive In Fort Lupton Colorado
On January 14, 2009, the Board of County Commissioners (BOCC) agreed to a stipulation
agreement presented by the owner Monty Ford, and supported by the Department, for the
Sonic Drive In located at 809 1st Street in Fort Lupton, Colorado. The stipulation
agreement contained 8 items that would need to be completed to fulfill the requirements of
the agreement.
On January 21, 2009, the BOCC heard testimony from Dan Joseph that items that were
required to be met by this day were completed and that the facility had had a no violation
inspection which was conducted on January 16, 2009. During the January 21, 2009,
hearing it was agreed that the matter be continued to March 16, 2009, to allow the operator
time to comply with the remaining portions of the stipulation agreement and to allow time
for the Department to conduct follow up inspections.
March 4, 2009, the Department conducts a follow up inspection to determine compliance
with the Colorado Retail Food Establishment Rules and Regulations. During that inspection
4 critical violations were cited. One, improper cold holding, is a violation that was cited
multiple times over the previous years and which resulted in this facility being brought to
the BOCC.
March 12, 2009, the Department conducts another follow up inspection and fmds that the
issues noted during the March 4, 2009 inspection have been corrected.
As of March 12, 2009, the facility and ownership have complied with the remaining
stipulation agreement items that were outstanding.
Recommendation: Although the facility did have critical issues noted during the March 4,
2009 inspection, the Department feels that the facility is working to maintain compliance of
the Colorado Retail Food Establishment Rules and Regulations and therefore the issue
should be dismissed.
2009-0653
COLORADO
Memorandum
TO: Board of County Commissioners
From: Dan Joseph
DATE: 01/08/2009
SUBJECT: Sonic Drive In, Ft Lupton
The Sonic Drive In, located at 809 1st Street, Ft. Lupton, Colorado has failed to maintain
compliance with the Colorado Retail Food Establishment Rules and Regulations (please see
attached time line). The Weld County Department of Public Health and Environment has
given the facility all opportunities to come into compliance as afforded to them in the
Colorado Revised Statutes (see attached flow chart). Unfortunately, staff continues to
observe violations that have the potential to directly result in illnesses of patrons dining at
the establishment.
The Weld County Department of Public Health and Environment recommends the Board
of County Commissioners (BOCC) suspend or revoke the Sonic Drive In Retail Food
Establishment License. In the event the facility's Retail Food Establishment license is not
revoked, we recommend that the BOCC direct the facility pay the assessed civil penalty as
a condition of reopening or continued operation.
The Department will present a power point presentation.
Sonic Drive In
History of Ongoing Violations 2005 - 2008
Critical Violations
Critical Violations are related directly to food borne illness
Highlighted violations are FDA risk factors (most commonly contributing to food borne illnesses)
Food in Wholesome Condition (violation lb)
Cited on September 16, 2005 (mold)
Cited on June 13, 2007 (dented cans)
Cited on November 16, 2007 (dented cans)
Cited on October 31, 2008 (mold)
Cited on December 09, 2008 (mold)
Cited on January 8, 2009 (mold)
Cross Contamination (violation 1c)
Cited on June 02, 2008
Hands Not Washed as Needed (violation 2c)
Cited on November 16, 2007
Cited on December 10, 2007
Hygienic Practices (violation 2d)
Cited on October 3, 2006 (minimal bare hand contact)
Cited on June 13, 2007 (jewelry)
Cited on January 03, 2008 (dirty dishes in hand sink)
Cited on June 02, 2008 (dirty dishes in food prep sink)
Cited on June 02, 2008 (jewelry)
Cited on July 29, 2008 (dirty dishes in food prep sink)
Improper Storage of Personal Beverages (violation 2e)
Cited on June 02, 2008
Cited on July 29, 2008
Cited on October 31, 2008
Bare Hand Contact with Ready to Eat Food (violation 2g)
Cited on December 10, 2007
Improper Hot Hold (violation 3c)
Cited on August 6, 2008
Cited on October 31, 2008
Cited on December 09, 2008
1
Improper Cook Temperature (violation 3d)
Cited on November 16, 2007
Improper Cold Hold Temperature (violation 3e)
Cited on September 16, 2005
Cited on October 3, 2006 (x2)
Cited on June 02, 2008
Cited on July 08, 2008
Cited on July 29, 2008
Cited on October 31, 2008
Cited on December 09, 2008
Lack of Hot and Cold Water Under Pressure (violation 5b)
Cited on December 09, 2008
Lack of Backflow Protection (violation 5c)
Cited on December 09, 2008
Poisonous or Toxic Material Not Used Properly (violation 8c)
Cited on November 16, 2007
Since September 2005:
Have performed 7 regular inspections
Have performed 7 follow up inspections
Have had 32 critical violations (average of 2.3 per inspection versus 1.5 for average
facility
Dates of Inspections:
September 16, 2005 (Regular)
March 08, 2006 (Regular)
October 03, 2006 (Regular)
October 25, 2006 (Follow Up)
June 13, 2007 (Regular)
November 16, 2007 (Regular)
December 10, 2007(Follow Up)
January 03, 2008 (Follow Up)
June 02, 2008 (Regular)
July 08, 2008(Follow Up)
July 29, 2008 (Follow Up)
August 06, 2008 (Follow Up)
October 31, 2008 (Regular)
2
December 9, 2008 (Follow Up)
January 8, 2009 (Follow Up)
Letters issued:
November 20, 2007:
December 12, 2007:
January 9, 2008:
July 15, 2008:
August 5, 2008:
August 13, 2008:
November 6, 2008:
November 24, 2008:
December 18, 2008:
First Notification of Non -Compliance for lb
First Notification of Non -Compliance for 2c
Compliance Warning for 2c
First Notification of Non -Compliance for 3e
First Civil Penalty for 3e and First Notification of Non -
Compliance for 2d and 2e
Compliance Warning for 3e, 2d, and 3e
Second Notice of Civil Penalty and Notice of Informal Hearing for
3e, Second Notice of Non -Compliance for 2e and First Notice of
Non -Compliance for 3c
Formalization of Non -Compliance Meeting
Third Notice of Civil Penalty and Notification of Hearing
3
State Enforcement Flow Chart
Civil Penalty Flow Chart for Colorado Retail Food Establishment Rules and Regulations
Regular Retail Food Establishment Inspection
Compliant
No Regulatory Action
Non -Compliance
Inspector lists violations and date for
compliance on R.F.E. Inspection Form.
Must conduct 1" follow up inspection
+
Compliant
No Regulatory Action
Non- Compliance
Non-compliance- Issue 1st "Written
Notification Non -Compliance".
Must conduct 2nd follow up inspection
+
Compliant
1" follow up- Must notify licensee in
writing that future violations at the next
regular inspection will result in the
issuance of a 2"d "Written Notification of
Non-compliance".
+
Non -Compliance
Same violation found- Issue 2"d "Written
Notification of Non -Compliance" -
listing the potential civil penalties which
can be assessed.
Must conduct 3rd follow up inspection
Compliant
May assess penalty of not less than $250
nor more than $500. Department must
notify licensee in writing that future
violations of the same category will
result in a 3`d "Written Notification of
Non -Compliance", stating that the
licensee may subjected to additional
penalty not less than $250 and nor more
than $500 at the next inspection.
+
Non-compliance
a) Same violation Found- May Assess a civil
penalty of not less than $500 nor more than
$1,000.
b) When compliance is obtained, the
inspector must notify the licensee that if at
the next inspection, should the same
violation occur, then a 3'd Written
Notification of Non-compliance will be
issued, stating that an additional civil penalty
of not less than $500 nor more than $1,000
may be assessed.
Maximum of Three Civil Penalties
Assessment of the 3'd Civil Penalty in any calendar year requires the Department to initiate
action to revoke or suspend the RFE License
041
WE�YC
COLORADO
November 24, 2008
DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION: (970) 304-6410
FAX: (970) 304-6412
PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420
FAX: (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415
FAX: (970) 304-6411
Certified Letter No.: 7006 0810 0002 6780 5709
Sonic Drive In
Attn: Clifton Ford
Po Box 1034
Taylor, Texas 76574
RE: Sonic Drive In, 809 First Street, Fort Lupton, Colorado
FORMALIZATION OF
NON-COMPLIANCE MEETING
Dear Mr. Ford:
This letter is to formalize our meeting on November 17, 2008, concerning issues of non-
compliance at Sonic Drive In of Fort Lupton. Dan Joseph, and Sara Evans, met with Gordon
Pace and Clifton Ford to discuss food safety concerns and to develop a plan for correction of the
outstanding violations.
At this time, the concern we have regarding food safety is related to cold holding of potentially
hazardous foods, hygienic practices taking place at the facility, drink storage and condition of
food product. We discussed options with Mr. Ford and Mr. Pace to ensure that these violations
are not cited during future inspections.
A plan of correction was agreed upon during the hearing. A disposable drink dispenser will be
installed to ensure that employee drinks are not placed throughout facility. The facility will
increase the number of times that it is taking temperatures to ensure that food product remains at
41 degrees and below. In addition, cold fest containers will be purchased to ensure that food in
the make line remains at 41 degrees and below. The facility will purchase smaller amounts of
lemons and check all food product coming into the facility to prevent foods from becoming
moldy. It was also agreed that staff would attend formal training to help correct the hygienic
issues that have been observed. Finally, it was agreed that the hot holding of sausage will be
done in a different method than is currently used (either setting up pans different on grill or by
using a hot hold unit designed for this).
Certified Letter No.: 7006 0810 0002 6780 5709
Sonic Drive In
November 24, 2008
Page 2
In addition, we discussed the issuance of the $500.00 civil penalty. At this time, the Department
has agreed to allow the facility to use the purchasing of the new drink station, temp logs, cold
fest pans and having staff attend formal training as substitution for the payment of the civil
penalty to the Department. However, if violations 3e (improper cold holding), 2d (improper
hygienic practices), lb (food found in unsafe condition) and 2e (improper storage of personal
drinks) are cited during the next inspections, the facility will be issued a civil penalty of not less
than $250.00 and not more than $1000.00, and the facility will have a hearing with the Board of
County Commissioners where this Department will recommend license revocation.
We trust this letter accurately summarizes our meeting and your commitments. If it does not, or
if you are unable to meet these terms, please contact us as soon as possible so that we may clarify
any misunderstanding. If you have any questions, please contact Dan Joseph 970-304-6415,
extension 2206.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services
Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health & Environment
Bruce Barker, Weld County Attorney
Sonic Drive In, 809 First Street, Fort Lupton Colorado 80621
Sonic Drive In
Fort Lupton, CO
January 14, 2009
Hearing with Board of County
Commissioners
To Ensure a Safe Food Supply
By the authority of the Colorado Revised Statutes we
have the responsibility to ensure a safe food supply in
Retail Food Establishments.
. This is accomplished through the use of a uniform code of
sanitary rules (the Colorado Retail Food Establishment Rules
and Regulations).
• The rules include provisions on the following:
Preparation. sale and serving of food
Wholesomeness of food and drink
Equipment design and construction
Sanitary maintenance of facility
Source and protection of food and water
Disposal of liquid and solid waste
Other
1
Why Are We Here?
Since September 2005
• Have issued 6 separate 1`t Notifications of
Non-compliance
• Have issued 2 separate 2nd Notifications of
Non-compliance
Have issued 2 Compliance Warnings
o Have issued a Notification of Civil Penalty
Have issued a 2nd Notification of Civil Penalty
eD Have issued a 3H Notification of Civil Penalty
Why Are We Here?
To ask the board for license revocation of the
Sonic Drive In pursuant to Colorado Revised
Statute 25-4-1611
. The statute states: "(3) A maximum of three civil
penalties may be assessed against a licensee or
other person operating a retail food establishment in
any calendar year. Whenever a third civil penalty is
assessed in a calendar year. the department or local
board of health shall initiate proceedings to suspend
or revoke the license of the licensee pursuant to
section 5-4-1609."
2
Why Are We Here?
- 25-4-1609. Disciplinary actions - revocation - suspension
review.
(1) The department or local board of health may, on its own motion
or complaint and after an investigation and hearing at which the
licensee is afforded an opportunity to be heard, suspend or revoke a
license or certificate of license for any violation of this part 16, any
rule adopted pursuant to this part 16. or any of the terms. conditions.
or provisions of such license or certificate of license A written notice
of suspension or revocation. as well as any required notice of
hearing. shall be sent by certified mail to the licensee at the address
contained in the license or certificate of license.
(2) The revocation and suspension of a license or certificate of
license shall be in addition to any other penalties prescribed by this
part 16. No suspension shall be for a period longer than six months.
When a license or certificate of license is suspended or revoked, no
part of the fees paid for a license shall be returned to the licensee.
History
Since September 2005
• Have conducted 7 regular inspections and 8 follow up
inspections (Normally would have conducted 6-7 total
in that time period)
• Have disposed of food on 10 of those inspections due
to food either being moldy, in a damaged container or
held at an improper temperature
® Have cited 33 critical violations
3
Enforcement Actions Comparison
Enforcement Actions
70%
60%
50%
40%
30%
20%
10%
0%
Voluntary Condemnations Enforcement Letters
• Average
■ Sonic
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
1555 N. 17TH AVENUE
GREELEY. CO 80631
COLORADO (970) 304-6413 FAX (970) 304-6411
Page One of
ES CABLI•}IMk;. I
OWNER33UNAGER
ADDRESS
ZIP CODE PHONE
FACILITY NCI
U. 'NsE UP, FN1
\' N
Wilt CODE
DATE
SEATest CAE
I\5PDCT TIME Pt:1PofE I LVSP.
I t. -
Pale t*
d C aelduataneedrtoaa
4 Mk nwyt.Ps-arart
RETAIL FOOD ESTABLISH
ME
NT INSPECTION REPORT
hints clrcbd below Utast/7 numt tat so bo comic obi u indicated by the apultoq authority. Pathos to tautly army reradt in fun hat scales by the daguIaoq vattealty.
Red — Criminal Rents: These items reined directly to foodbotnt illness
01 Food Source
a Appoored soutse
b. Whdescr:te, frre of spoilage
c Crum-mrxurwtuicitt
1 HACCP plan
02 Personnel
Employee fledth
a Persowtri wliafeetloa tatrictesi
h Wounds properly carrrrd
c geode robed es needed
Demonstration of Knowledge
I Training deeded
Hygienic Practices
d Hyaialic maims
c. Smoking. eating, drinking
03 Food Temperature Control
Temperature Conti Procedures
a tepidly cosi bads to ♦1'F or Ira d. Required cooking temperatures
b Rapidly Behest co 16S'F or Theater e Cold bald et al'F oc less
c. Hot bold et 135'11 a brmtet
Temperature Control Equipment
f Food ebecmcntrber (probe -type)
Adngswe equipment to mainnia food oapenustts
Black -- Other Items: C:ocancted, these an become sericus problems.
09 Food Labeling. Food Protection
a. Original ceouiaer. F myrrh. Libeled
b Food protected from conuminstioo
10 Equipment Design. Construction
a Pool -contact surfaces
b Nonfood contact surfaces
c. Dishann lug feed it is
11 Testirye Devices
a. Refrigeration units provided with accurate. conspicuous thermemetn
b Dish machine provided wick accurate thermometer & image cock
c. Chemical test kin proriJeJ, occesait(.e
l'_ Cloning of Equipment and Utensils
s. Focd.<couct surfaces c. Disfwashinp operas ion:
b Nonfood -contort surfaces J. Vfipinlc :lath:
13 Utensils. Single -Service Articles
a. Utensils ftovidal. sued. stored
h Siogk service articles stored. dispensed. used
c. No reuse cf single -service articles
t .
4
CRITICAL FOOD
TEMPERATURES
Minimum Cooking
'Temperatures
A Miami fw4
Sn r! h ar (1W?) S
Grind &4Gcr
[r.;.vrnl MAIO (ISM S
as. A,4 tenth& lire nen
Cent/ f,u'u o LnraWn
& Other FWna,LS Iliortd.r
f.«+, (OM
Nee Porn Ref f1Jef&
VIPs
1cu
A
3b' ■
■135'
10'
°F
Food Storage
Temperatures
!lot thU Finds ar
13S'F or About
Food Held
Between / +''rand
135°F May Carne
Foodborne Illness
IIIIIPCold Hold Foadi .tr
417 or Below
Temperature Control Violations
Improper Cold Holding
• September 16. 2005
• October 3. 2006 (x2)
• June 02, 2008
• July 08. 2008
• July 29. 2008
• October 31, 2008 (walk
cooler running at 55-58
degrees)
• December 09, 2008
Cold Hold violation cited on 47% of all inspections
5
94 11; 7,ic,,
rir
s
1
f 4 -
Temperature Control Violations
Improper Hot Hold
• Cited on last three of four
most recent inspections
August 6, 2008
October 31, 2008
December 09, 2008
i
Improper Cook
Temperature
•
Cited on November 16. 2007
Temperature control violations cited on 64 9/0
of all
inspections
6
Improper Hygienic Practices
Cited on:
• October 3, 2006 (minimal bare hand contact)
• June 13, 2007(jewelry)
• January 03, 2008 (dirty dishes in hand sink)
June 02, 2008 (dirty dishes in food prep sink &
jewelry)
® July 29, 2008 (dirty dishes in food prep sink)
a
s
Other Critical Violations Cited
Cross Contamination
Hands Not Washed as Needed
Improper Storage of Personal Beverages
Bare Hand Contact with Ready to Eat Food -1.
Lack of Hot and Cold Water Under Pressure
Lack of Backflow Protection
Poisonous or Toxic Material Not Used Properly
8
Centers for Disease Control Risk
Factors
Improper Holding/Time and Temperature
Cross Contamination
Hands Not Washed as Needed
Poor Personal Hygiene
Bare Hand Contact with Ready to Eat
Food
Summary
In closing: We are asking for license
suspension or revocation due to the food
borne illness risk that the facility is posing
to the public.
9
STIPULATION IN RESOLUTION OF
THIRD NOTICE OF CIVIL PENALTY
SONIC DRIVE IN, FORT LUPTON, COLORADO
Facility Location: Sonic Drive In, 809 15` 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
ini✓olved 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.
HI. 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 iNbs day of Tanuary , 2009.
Sonic Drive In
809 1 st Street
Fort Lupton 0
By:
Clifton M. Word, Partn , Rocky Mountain Operating
Weld County, Colorado Approved by the Weld County Attorney:
Department of Public Health and Environment
Dated this W'' day of(O1k4j , 2009. Dated this )'#t/lday ofj'4,,,,,ng1, 2009.
By:
Approved and Accepted by the Weld County
Board of Commissioners on January 14, 2009.
Dated this
f
By:
day of , 2009.
(title)
3
By:
4 r 15 c (title)
1-13-09 — Stipulation in Resolution of Third Notice Civil Penalty #2 — Sonic Drive In
Gq-w - 6n- 7szy
HAGAR RESTAURANT SERVICE, INC.
1229 WEST MAIN ST.
OKLAHOMA CITY, DR 73106-7502
405-235-2184 500-445--1701
FAX 4105-"236-'5592
I
Please
Bill SONIC DRIVE 1N ##4317
To %FORD & FORD INVESTMENTS
P.O. BOX 1034
TAYLOR, TX, 76574
Acct ## 303--857--4376
Invoice Invoice Pape
Date: No.
12/08/08 511072 1
NVOICE
Pay From Invoice'
Ship SONIC DRIVE IN ##4317
To 309 1st STREET
FORT LUPTON, CO 80621
Ord No Ord Date SLP Purchase Order it
462742 12/08/08 TJ
Oty Oty
Ord Shp Item Number
S S
2
1 1
1 1
a 2
1 1
1.
1 1
1 1
1 1
12 12
Str:
AR
H20123-1
A30120-1
SRa2633
5R80310
H30015
H"3001.2
SR81320
APW84109
APW891 64
RU7000270
8I500446
81500447
H5111089
APW55960
5 cni- {✓"
Ship Via Ship Date
Ground Service 12/08/03
Description
Terms
NET 201
Net Extended
Price Price Unit Net
PRN COLDFEST 1/6 SZ WHITE
PAN COLDFEST 1/3 SZ WHITE
MILK JAR HOLOCULD WHITE
HINGED LID TRANSPARENT
PAN 1/4 SIZE 6" S/S CHILI
LID 1/4 SIZE CLOTTED SS
PUMP WiLID FOR FSP ROUND
CONVEYOR MOTOR 4RPM-
ADJUSTING SCREW 1/4-"20
h101 -OR 115V 3 RPM HDC
SHAFT DRIVEN GEN II
SHAFT DRIVE GEN II '
THERMOMETER REF -201 TO 60
8/0 1 MC596 $72.99
ELEMENT 12.0V B0OW
B/O 3 HA02-08-107 'X'7.75
DEC
Reg: 19 Orw: 1; Us'r:CR 1.7:18
92`,.96 XXX.XXXXXXXXX
Received By:
28.44 al.33 EACH 106.65
44.73 29.82 EACH 59.64
105.00 68.25 EACH 63.25
28.00 21.00 EACH 21.00
20.16 12.10 EACH 24.20
10.65 6.39 EACH 12.75
172.00 108.36 EACH 108,36
164.20 114.94 EACH 114.94
1.10 .83 EACH 1.66
119.30 83.51 EACH 83.51
173.30 133.64 EACH 138.64
122.50 98.00 EACH 98.00
4.10 3.08 EACH 36.9E
27.47 20.60 EACH 20. 60
Sale Amount
Sales Tax
Freight
Total
Pmt Recd
rat Doe
£95.19
.00
30.77
925.96
.00
925.96
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