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Home My WebLink About20081978.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - THE ARMADILLO 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 Armadillo Restaurant, located at 819 9th Street, 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 14th day of July, 2008, 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 issue a seven (7) day suspension of said Retail Food Establishment License, to be actively suspended for one (1) 24-hour period to be served on Tuesday,July 15,2008,with direction to staff to conduct a thorough inspection of the establishment on July 14, 2008, and to present the findings of the inspection to the Board at the next regularly scheduled meeting on July 16, 2008, with the intention that if staff determined that all critical violations of the Colorado Retail Food Establishment Rules and Regulations had been adequately addressed, the remaining six (6)days of the suspension shall be held in abeyance for a period of one (1) month, pending no further critical violations of the Colorado Retail Food Establishment Rules and Regulations during this period, and WHEREAS, at the hearing on July 16, 2008, Jerry Schott, Establishment Manager, was present, and WHEREAS, staff from the Department of Public Health and Environment conducted a site inspection on July 14, 2008, and reported to the Board that the establishment has made dramatic improvement overall, has adequately addressed all critical violations of the Colorado Retail Food Establishment Rules and Regulations, and subsequently arranged for 15 employees to attend a training session provided by the Department on Tuesday, July 15, 2008, and WHEREAS, based on the inspection report from the Department of Public Health and Environment, and after hearing testimony from all present, the Board of County Commissioners deems it advisable to hold the remaining six (6) days of suspension in abeyance for a period of one (1) month, pending no further critical violations of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS,the Board deems it advisable to reconsider the matter in approximately one(1) month, on August 18, 2008, at 9:00 a.m., at which time staff from the Department of Public Health and Environment will provide a final progress report regarding the establishment, to determine if further action by the Board will be necessary, or if the matter may be dismissed at that time. 2008-1978 HL0035 e '. ( L wet_ o 41 0E- HEALTH VIOLATIONS - ARMADILLO RESTAURANT PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said remaining six (6) day suspension of the Retail Food Establishment License for the Armadillo Restaurant, located at 819 9th Street, Greeley, Colorado 80631, be, and hereby is, held in abeyance for a period of one (1) month, pending no further critical violations of the Colorado Retail Food Establishment Rules and Regulations. BE IT FURTHER RESOLVED by the Board of County Commissioners that staff from the Department of Public Health and Environment be ordered to conduct an un-announced inspection of the establishment within the next thirty(30) days, and to present the findings of the inspection to the Board during the regularly scheduled meeting to be held on August 18, 2008, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of July, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I f -"Lii2ia ATTEST: ' E a ,; —1 Willis Jerke, C air Weld County Clerk t. e c i Ir n_Zi�1J Robert ¢. MaSrlen, Pro-Tem BY: . Deputy CI t t• the / s Willi F. Garcia . .Rpj ED . - O, 3 M: ti Ej CrneY David E. Long — Douglas de acher Date of signature: O D 2008-1978 HL0035 Memorandum c TO: Board of County Commissioners From: Dan Joseph Li) COLORADO DATE: 07/14/2008 oC w n� SUBJECT: Armadillo Restaurant cn The Armadillo Restaurant, located at 819 91h Street, 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(In fact, a food borne illness complaint was received by the Department on May 27. 2008). The Weld County Department of Public Health and Environment recommends the Board of County Commissioners (BOCC) revoke the Armadillo Restaurant 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. 2008. MS S Armadillo Restaurant History of Ongoing Violations December 2006 to June 2008 Note: December 14, 2006 inspection was a training inspection, but was conducted as a full regular inspection Critical Violations Highlighted violations are FDA risk factors (more likely to contribute to a food borne illness) Moldy Food (violation lb) Noted on December 14, 2006 Noted on December 18, 2007 Noted on February 13, 2008 Noted on March 24, 2008 Noted on May 28, 2008 Hand washing issues (violation 2c) Noted on December 14, 2006 Noted on June 11, 2007 Noted on December 18, 2007 (2 violations) Noted on January 10, 2008 Hygienic Practices (violation 2d) Noted on December 14, 2006 (2 violations) Noted on June 11, 2007 Noted on December 18, 2007 (2 violations) Noted on January 10, 2008 Noted on February 13, 2008 Noted on June 20, 2008 Bare hand contact with ready to eat food (violation 2g) Noted on December 18, 2007 Noted on January 10, 2008 Improper cooling (violation 3a) Noted on December 14, 2006 Noted on May 28, 2008 Noted on June 20, 2008 Improper cold holding(violation 3e) Noted on December 14, 2006 Noted on June 11, 2007 Noted on December 18, 2007 Noted on January 10, 2008 Noted on March 24, 2008 Noted on May 28, 2008 Noted on June 20, 2008 (2 violations) Hot and Cold Water Available (violation 5b) Noted on December 14, 2006 Noted on June 11, 2007 Improper or lack of back flow prevention (violation 5c) Noted on December 14, 2006 (2 violations) Noted on December 18, 2007 Noted on January 10, 2008 Noted on February 13, 2008 Noted on March 24, 2008 Noted on May 28, 2008 No soap or paper towels at hand sink (violation 6c) Noted on December 18, 2007 Noted on May 28, 2008 Chemical bottles not clearly labeled (8b) Noted on December 14, 2006 Noted on March 24, 2008 Noted on June 20, 2008 Sanitizer at improper concentration (8c) Noted on December 14, 2006 Noted on June 11, 2007 Noted on December 18, 2007 Noted on January 10, 2008 Noted on March 24, 2008 Noted on June 20, 2008 Since December 2006: Have performed 4 regular inspections (not including one non regulatory inspection) Have performed 4 follow up inspections Have disposed of food on 5 occasions Have had 59 critical violations (average of 7.4 per inspection versus 1.5 for average facility) Have had 39 non-critical violations (average of 4.9 per inspection versus .9 for average facility) Letters issued: December 20, 2007: Facility is issued a First Notice of Non-Compliance for items 2c, 8c and 10b. January 19, 2008: Facility is issued a First Notification of Non-compliance for items 2c, 2g, 3e, 4a and 5c, and a Second Notification of Non- compliance for items 8c and 10b. February 15, 2008: Facility is issued First Notification of Non-compliance for items lb and 2d, and a Second Notification of Non-compliance for items 5c and 10b. March 26, 2008: Facility is issued Notification of Civil Penalty for items lb, 3e, 5c, 8c and 10b. May 27, 2008: Food borne illness complaint received by the Department. Facility in common was the Armadillo (3 out of 4 people ill). June 6, 2008: Facility is issued 2nd Notification of Civil Penalty for items lb, 3e and 5c. Informal hearing scheduled for June 19, 2008. July 1, 2008: Facility is issued Notification of Hearing and 3`d Notification of Civil Penalty for items 3e. Civil Penalty Flow Chart for Colorado Retail Food Establishment Rules and Regulations Regular Retail Food Establishment Inspection ► 4 Compliant Non-Compliance No Regulatory Action Inspector lists violations and date for compliance on R.F.E. Inspection Form. fi Must conduct 1"follow up inspection + I+ Compliant Non-Compliance No Regulatory Action Non-compliance-Issue 1st "Written Notification Non-Compliance". fi Must conduct 2nd follow up inspection + I+ Compliant Non-Compliance ls`follow up-Must notify licensee in Same violation found-Issue 2"a"Written writing that future violations at the next Notification of Non-Compliance"- regular inspection will result in the listing the potential civil penalties which issuance of a 2"a"Written Notification of can be assessed. Non-compliance". Must conduct 3rd follow up inspection + I + Compliant Non-compliance May assess penalty of not less than$250 a) Same violation Found-May Assess a civil nor more than$500. Department must penalty of not less than$500 nor more than notify licensee in writing that future $1,000. violations of the same category will b)When compliance is obtained,the result in a 3rd"Written Notification of inspector must notify the licensee that if at Non-Compliance", stating that the the next inspection,should the same licensee may subjected to additional violation occur,then a 3r°Written penalty not less than$250 and nor more Notification of Non-compliance will be than$500 at the next inspection. 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 3rd Civil Penalty in any calendar year requires the Department to initiate action to revoke or suspend the RFE License Hello