HomeMy WebLinkAbout20082221.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 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 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 have been conducted
at the establishment on August 7, 2008, and August 12, 2008, during which violations were again
cited against the establishment, and
2008-2221
HL0035
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
deems 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the matter be, and hereby is,continued to September 29,2008,at 9:00 a.m.
BE IT FURTHER RESOLVED by the Board that the remaining six(6) days of suspension
shall continue to be held in abeyance until reconsideration of the matter on September 29, 2008.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of August, A.D., 2008.
!�, BOARD OF COUNTY COMMISSIONERS
)}:,44Zs ,A WELD COUNTY, COLORADO
Cid
ATTEST: IL,
illiam H. Jerke, Chair
Weld County Clerk to the fir
`I EXCUSED
BY:
JJ'' ., '4c�\.4 Robert D. Masden, Pro-Tern
D uty CI r to the Boar.
Wi ' m F. Garcia
APP D TO CA, �CX
David E. Long
ounty Attorney e,.
ougl ademach r
Date of signature: 9I4 lot
2008-2221
HL0035
(vict ‘i•-•
Memorandum
VIIITO: Board of County Commissioners
C. From: Dan Joseph
COLORADO DATE: 08/14/2008
SUBJECT: Armadillo Restaurant Recommendation
Background
The Board of County Commissioners first heard the Departments concerns regarding the
Armadillo Restaurant on July 14,2008. A follow up hearing was held with the Board of County
Commissioners (BOCC) on July 16,2008. During that hearing the BOCC recommended that the
Department perform additional follow up inspections at the Armadillo Restaurant located at 819 9th
Street,Greeley,Colorado to determine compliance with the Colorado Retail Food Establishment
Rules and Regulations.
The Department has conducted two inspections since that date. The first inspection was conducted
on August 7,2008,and the second was conducted on August 12,2008.
During the August 7,2008 inspection,5 critical items were cited. Items cited included cold hold
violations (same violation for the 3 civil penalties that were assessed, and the reason for the original
hearing). Although the quantity of items cited was less than previous inspections, the facility still
did have issues with cold holding. In addition,it was determined with the City of Greeley Building
Department that the pump area for sewage and water wastes was not in-compliance. Previous non-
critical items noted in the July 14,2008 inspection had been corrected.
A third inspection was conducted on August 12,2008. During the inspection the only critical
violation noted was the pump area for sewage waste. Although,additional non-critical items were
cited during this inspection.
Recommendation
Based on recent inspections,the facility has shown improved compliance with the Colorado Retail
Food Establishment Rules and Regulations. However, additional improvement is necessary for
compliance with the Regulations.Therefore,the Weld County Department of Public Health and
Environment recommends the Board of County Commissioners(BOCC)to continue this hearing
process for the next 3 to 6 months to allow the facility to address the current violations and
demonstrate the ability for continued compliance with the Regulations.
At a minimum,the Department is requesting the following from the facility for the next 3 months:
1) Temperature log charts are kept for all refrigeration units and submitted on a weekly basis.
2) Cooling logs are kept for food products prepared in large batches and submitted on a
weekly basis.
3) Follow the time line submitted by the facility for the repair of the sewer pump area.
4) Have any additional staff that did not attend the formal training on July 15,2008, attend
food safety training.
In addition,the Department plans on conducting additional inspections in the next 3 months to
assess compliance.
2008-2221
Hello