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HomeMy WebLinkAbout20082615.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING REVOCATION/SUSPENSION 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 were not 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 would 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, the Department of Public Health and Environment provided testimony to the Board, indicating that the establishment made dramatic improvement overall, 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, and at said hearing, the Board deemed 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 to reconsider the matter on August 18, 2008, at 9:00 a.m., in order to allow staff from the Department of Public Health and Environment to provide a final progress report regarding the establishment,to determine the necessity of further action by the Board,or dismissal of the matter, and WHEREAS,at said hearing on August 18, 2008, staff from the Department of Public Health and Environment provided testimony indicating two additional inspections had been conducted at the establishment on August 7, 2008, and August 12, 2008, during which violations were again cited against the establishment, and 2008-2615 HL0035 (0 //I o L. /04 010 Fr HEALTH VIOLATIONS - ARMADILLO RESTAURANT PAGE 2 WHEREAS, based on the inspection reports from the Department of Public Health and Environment, and after hearing testimony from all present, the Board of County Commissioners deemed it advisable to continue the matter to September 29, 2008, to allow the facility additional time to address the violations and demonstrate the ability for continued compliance with the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS,at said hearing on September 29, 2008, based on the inspection reports from the Department of Public Health and Environment, and after hearing testimony from all present, the Board of County Commissioners deems it advisable to dismiss the matter, including the dismissal of the remaining six (6) days of suspension. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the matter regarding the revocation/suspension request be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of September, A.D., 2008. / , BOARD COUNTY COMMISSIONERS ELD COUNTY, COLORADO 'l ATTEST: ?'r 5 i +7 ., ^ 1 A � �L7-0r- C ' n�it�+ � 'am H. Jerke, Chair , Weld County Clerk to the Bo 1 T Vat- 9A Ulu `� ' Robe D. en, Pro-Tem BY: �utyu Pan l L IY L v CI k to the Boa . � W" m F. Garcia APP AST David E. Long , i u y Attorney ( .f ougla Rademach r Date of signature: ID,9 IK 2008-2615 HL0035 Memorandum I ' TO: Board of County Commissioners • From: Dan Joseph, Health Department C ��1 . • ` • DATE: September 26, 2008 SUBJECT: Armadillo Restaurant Recommendation As directed by the Board of County Commissioners at the August 18, 2008, hearing, staff of the Weld County Department of Public Health & Environment conducted a follow up inspection of the Armadillo Restaurant on September 18, 2008, and verified that violations noted during past inspections have been satisfactorily resolved. In addition, the waste water pump area has been sealed to the satisfaction of the City of Greeley Building Department. Based upon the above observations and work accomplished by the Armadillo Restaurant, the Department is recommending for the dismissal of this case and the suspension which had been held in abeyance. 2008-2615 Hello