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
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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)
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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.
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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.
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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
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