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HomeMy WebLinkAbout20092896.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE AND APPROVAL OF STIPULATION AGREEMENT - THE COUNTRY INN RESTAURANT 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 Country Inn Restaurant, located at 1415 8th Avenue, Greeley, Colorado 80631, 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 2nd day of November, 2009, 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 continue said matter to November 4, 2009, upon staff's request, and WHEREAS, after hearing testimony from all present on November 2, 2009, and November 4, 2009, the Board of County Commissioners deems it advisable to approve a Stipulation Agreement, a copy of which is attached. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Stipulation Agreement be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that The Country Inn Restaurant be, and hereby is, assessed a civil penalty, in the amount of $1,000.00. •1 t 62.j 2009-2896 HL0036 (' HEALTH VIOLATIONS - THE COUNTRY INN RESTAURANT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD COUTY, COLORADO ATTEST: Weld County Clerk to the Board BY. EL Dept) Clerk to the Board APPROVED AS TO FORM: Date of signature. K 7 Garcia, Chair adema her, Pro -Tern SED can P. &bnway t:7ftia. Barbka Kirkmeyer cr,1 cc David E. Long / 2009-2896 HL0036 a;t4 11111k. COLORADO Memorandum TO: Board of County Commissioners From: Dan Joseph DATE: 10/27/2009 SUBJECT: The Country Inn Restaurant The Country Inn Restaurant, located at 1415 8`h Avenue, in Greeley, 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) to revoke or suspend The Country Inn Restaurant Retail Food Establishment License. In the event the facility's Retail Food Establishment license is not revoked or suspended, the Department recommends that the BOCC direct the facility pay the assessed civil penalty as a condition of reopening or continued operation. 2009-2896 VIOLATIONS] OF THE COLORADO RETAIL FOOD ESTABLISHMENT RULES & REGULATIONS FOLLOWING THE CIVIL PENALTY PROCEDURE, § 25-4-1611 (2)(a). C.R.S. (No Regulatory Action Next Regular Inspection Next Regular Inspection Next Regular Inspection Co • • Issue Compliance Warning Retail Food Establishment 25-4- 1611 C.R.S Regular Inspection, No Previous Civil Penalty Letters f Nonecom Issue Second Compliance al Warning Retail Food Establishment 25-4-1611 C.R.S. May also assess a civil penalty of $250 - $500. Conduct the 1st Follow-up Inspection liant Issue Notice of Civil Penalty Assessment. Issue Third Notification of Non -Compliance Retail Food Establishment. May assess a civil penalty of $500 - $1000. Issue Third Compliance Warning Retail Food Establishment, 25-4-1611 C.R.S. Conduct the 2nd Follow-up Inspection No Pliant mpliant Violation and compliance dates (FU date) are listed on the Retail Food Establishment Inspection Report. CPD form RF001. Issue Notification of Non -Compliance Retail Food Establishment Pliant Issue Second Notification of Non -Compliance Retail Food Establishment Conduct the 3rd Follow-up Inspection 1 ipati is assessed Issue Final Order of Civil Penalty Assessment. Regardless of penalty assessment Non•Compliant May Assess civil penalty of $500 - $1000 Conduct Additional Follow-up Inspection Compliance Achieved! Maximum of 3 Civil Penalties \ssessment of the 3rd civil penalty in any calendar year requires the department to initiate action to revoke or suspend the Retail Food Establishment License pursuant to section 25-4-1609, r.Rs The Country Inn History of Critical Violations 2008 - 2009 Critical items are directly related to food borne illness. Highlighted items are risk factors identified by the Centers for Disease Control as most commonly contributing to food borne illnesses. lb (dented cans) Cited September 26, 2008 (can of tuna severely dented) Cited April 9, 2009 (3 cans chili dented on seam) lb (moldy food) Cited on October 12, 2009 (beans) lc (cross contamination) Cited July 31, 2008 (cracked egg then touched cheese used in foods that are not cooked) Cited February 9, 2009 (handled raw eggs then ready to eat foods with same gloves) Cited on October 12, 2009 (raw meat juices dripping onto ready to eat meats) 2c (improper hand washing) Cited July 31, 2008 (change gloves without washing hands) Cited October 31, 2008 (change gloves without washing hands) Cited February 9, 2009 (change gloves without washing hands) Cited February 9, 2009 (touch nose them continue processing foods no glove change) Cited March 3, 2009 (change gloves without washing hands) Cited August 21, 2009 (change gloves without washing hands) 2d (hygienic practice) Cited October 31, 2008 (scooping ice with drinking cup rather than ice scoop) Cited February 9, 2009 (dumping mop water in food preparation sink) 2e (eating, drinking) Cited October 31, 2008 (personal drink on food preparation table) 2g (bare hand contact with ready to eat foods) Cited February 8, 2008 (toast, pancakes, hashbrowns, bacon) Cited October 31, 2008 (buttering and cutting toast) Cited August 21, 2009 (toast) 3a (improper cooling) Cited September 26, 2008 (hollandaise sauce at 92°F — rapidly cooled) Cited October 31, 2008 (sausage gravy 50°F & soup 47-54°F from last night — discarded) Cited April 9, 2009 (5 gallons of sausage gravy 47°F at center from last night— discarded) 3c (improper hot holding) Cited January 17, 2008 (pot of soup at 125°F — reheated) 3e (improper cold hold) Cited January 17, 2008 (reach in at 48 -50°F —potentially hazardous foods (phf)-discarded) Cited July 31, 2008 (milk at 52°F for unknown period of time — discarded) Cited September 26, 2008 (top of reach in at 47-49°F —all phf moved to walk in) Cited February 9, 2009 (sour cream 41-61°F — proper ice bath prepared) Cited March 3, 2009 (sour cream 48 -56°F -proper ice bath prepared) Cited April 9, 2009 (sour cream 41-55°F — proper ice bath prepared) Cited August 21, 2009 (shredded cheese 50°F — rapidly cooled) Cited on October 12, 2009 (multiple items at 48-50°F, french toast batter 62°F -discarded) 3f (no food thermometer) Cited January 17, 2008 (cook could not find thermometer) Cited July 31, 2008 (found thermometer but not working) Cited September 26, 2008 (staff unable to locate thermometer) 4b (inadequate sanitizer in dish machine) Cited July 31, 2008 (no measurable amount) 6c (No soap or paper towels at hand sink) Cited February 8, 2008 (closest to cook line) Cited July 31, 2008 (at bar) 8b (unlabeled spray bottle) Cited July 31, 2008 (degreaser) Cited September 26, 2008 8c (toxic concentration of sanitizer) Cited July 31, 2008 Critical Item Comparison Country Inn vs all Food facilities Critical Items marked for all regular inspection at Country Inn 2008- Oct 2009: 19 Average Critical Items marked per regular inspection Country Inn 2008 -Oct 2009: 4.75 Average Critical Items marked per regular inspection all Food facilities 2008- Oct 17, 2009: 1.5 Critical Items marked for all follow-up inspection 2008 — Oct 2009: 21 Average Critical Items marked per follow-up inspection Country Inn 2008- Oct 2009: 2.63 Average Critical Items marked per follow-up inspection all Food facilities 2008- Oct 17, 2009: .85 Country Inn has 3x as many Critical Items per inspection as the average Food facility Risk Factor Critical cited per regular inspection at the Country Inn 2008- Oct 2009: 14 Average Risk Factor Critical cited per regular inspection at the Country Inn 2008- Oct 2009: 3.5 Average Risk Factor Critical cited per regular inspections all food facilities 2008- Oct 17, 2009: .86 The Country Inn has 4x as many risk factor critical items per regular inspection as the average food facility History of Inspection Dates of Inspections January 17, 2008 Regular February 8, 2008 Follow-up February 25, 2008 Follow-up July 31, 2008 Regular September 26, 2008 Follow-up October 31, 2008 Follow-up February 9, 2009 Regular March 3, 2009 Follow-up April 9, 2009 Follow-up April 21, 2009 Follow-up August 21, 2009 Regular October 12, 2009 Follow-up Total number of Regular Inspections: 4 Total number of Follow up Inspections: 8 Total number of Inspections: 12 Total number of inspections expected for this facility if in compliance over 1 3/4 years: 5 Non -Compliance , Civil Penalty and Warning Letters 2008 -Oct 2009 January 21, 2008 February 12, 2008 August 5, 2008 October 10, 2008 November 10, 2008 March 13, 2009 April 10, 2009 April 27, 2009 September 3, 2009 September 23, 2009 October 19, 2009 First Notice for 3c (improper hot hold) and 11c (no test strips) Second Notice for 11c (no test strips) First Notice for 3e (improper cold hold), 3f (thermometers unavailable/not working), and 6c (no paper towels) $250.00 Civil Penalty assessed for 3e (improper cold hold), First Notice for 8b (unlabeled toxics), 10b (freezer door in disrpair) and 13a (dipper well not functioning), and Second Notice for 3f (thermometer) First Notice for 2c (not washing hands as required ) and 3a (improper cooling), Second Notice for 8b (unlabeled toxics) and Warning for 3e (improper cold hold) and 3f (thermometers unavailable/not working) First Notice for 2c (not washing hands as required ), 3e (improper cold hold) and 13a (dipper well not functioning) Second Notice for 3e (improper cold hold) $250.00 Civil Penalty assessed for violation 3e (improper cold hold) Second Civil Penalty for $500.00 is assessed and Informal Hearing for 3e (improper cold hold) is scheduled Failure to Appear at Informal Hearing letter Notice of Public Hearing and Third Civil Penalty ($1,000) C (13 (13 CU CC C C >% C 0 U al) t F — C O N ni% i N E cu 0 z 4- 0 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CU C 0 OD I • Poor Persona 73 o v) o 0 u_ E Ca w 0 CIO 0 oC U CO CU C Bare Hand Contact with U) 03 CU -' O CU allin : ca L- ai -0 > 0 o U w aJ 0 CU be CU -CoV) cvo U >3/4V) 4u _c U --1 Co ��--- U- O ai 0 z >% ro E E cn L_ O 4- C ss in CD • Y2 +-) C a) E L._ no a C) 0 Q) s F - C iab 0 O U C • • W O CU C O +J CO U O > CU L.- S - 0 C O C C) a cm D o CU C C) U • t 1 4J • U Co 4-- a, -c CD 4-1 V) V) V) 4) C C L.... in 73 O O 9- U • a 4) .4-) ...c 4-.) to C . 0 O a STIPULATION IN RESOLUTION OF THIRD NOTICE OF CIVIL PENALTY THE COUNTRY INN Facility Location: 1415 8`h Avenue, Greeley, Colorado Hearing Date: November 2, 2009, continued to November 4, 2009 This Stipulation in Resolution of Third Notice of Civil Penalty ("Stipulation") is entered into between Weld County, Colorado, through its Board of Commissioners ("County") and the Country Inn ("Restaurant") in resolution and satisfaction of all issues that are the subject of the above -referenced Third Notice of Civil Penalty ("Third Notice") hearing, it being agreed as follows: I. Restaurant Obligations: A. The Restaurant shall provide an onsite training session within 10 days of approval of this Stipulation by the County. Such training session shall be attended by all members of the Restaurant's staff who are responsible for the preparation and service of food and shall include instruction regarding cross contamination, improper hand washing, bare hand contact with ready to eat foods, cooling, proper use of thermometers, and cold holding of potentially hazardous food. The Restaurant shall provide written verification that all members of its staff, including management, have been trained in these subjects. B. Within 45 days following approval of this Stipulation, the Restaurant's management staff shall complete additional training regarding the subjects listed in paragraph 1(A) above and provide proof of completion of such training to the County upon request. The "Serve Safe for Managers" class shall be sufficient training; however, alternative training may be sufficient upon approval by the County. C. The Restaurant shall pay a civil penalty of $1,000.00 to the County upon the date of approval of this Stipulation. D. The Restaurant shall purchase and put into use new, sealed containers for the storage and cooling of sour cream, cheese, milk, and cottage cheese. Such containers shall be acquired and put into use no later than November 12, 2009. Note: The Restaurant shall consult with County staff, to ensure adequacy of containers, prior to purchase. E. The Restaurant shall replace 2 digital kitchen thermometers that were recently disabled and will put such replacement thermometers into use no later than November 12, 2009. 1 F. The Restaurant shall modify the covers of its 2 six-foot coolers such that the covers of each will be divided in half for the purpose of increasing the use of the coolers, helping to maintain the proper temperatures in the coolers, and discouraging the storage of perishable items outside the coolers. G. The Restaurant shall keep temperature logs to record the temperature of food materials to which temperature regulations apply. Such logs shall note the time of the measurement and the temperature of the materials and shall be updated every three hours the facility is in operation. The Restaurant shall designate one member of its staff as the person responsible for the maintenance of the temperature log during each period of time the Restaurant is in operation. Copies of logs shall be submitted to the Department at a frequency of once per week for a time period of three months. After the three month period logs shall be submitted once every two weeks for three additional months. H. The Restaurant shall designate a staff person to be "in charge" of all operations during periods when the owner is not present. II. EFFECT OF APPROVAL A. The Restaurant's obligations are contingent upon approval by the County. B. If the Department asserts that the Restaurant has not complied with the obligations and terms and conditions of this Stipulation the Department shall provide written notice to the Restaurant of the alleged violation and may take appropriate action, including if the Department deems appropriate, bringing the matter back before the Board for hearing upon the allegation of noncompliance, and appropriate action by the Board if the allegation if found to be true. If the Department does not pursue any action against the Restaurant by December 18, 2009, the then terms of this Stipulation shall be deemed to have been complied with and fully satisfied by the Restaurant. 2 Signed h. ATTEST: Lu4 B h day of November, 2009 by: ountry Inn APPROVED AS TO NCE: Dan Joseph for the Weld County Department of Public Health and Environment COUNTY OF WELD, a political subdivision Weld County Clerk to the Board of the STATE OF COLORADO: Deputy Clerk to the William F. Garcia, Chairman 3 NOV - 4 2009 Board of County Commissioners of the County of Weld aOC -aCF9< Hello