HomeMy WebLinkAbout20081970.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, and
WHEREAS,Vanessa Lucio, property co-owner,and Jerry Schott, Establishment Manager,
were present at said hearing, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
deems 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, and
WHEREAS, the Board deems it advisable to order staff from the Department of Public
Health and Environment 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 determines that all critical violations of the Colorado
Retail Food Establishment Rules and Regulations have 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that said Retail Food Establishment License for the Armadillo Restaurant,
located at 819 9th Street, Greeley, Colorado 80631, be, and hereby is, actively suspended for
one (1) 24-hour period, to be served on Tuesday, July 15, 2008.
BE IT FURTHER RESOLVED by the Board that staff from the Department of Public Health
and Environment be ordered to complete a thorough inspection of the establishment on
July 14, 2008, and present the findings of the inspection to the Board during the regularly
scheduled meeting to be held on July 16, 2008, at 9:00 a.m.
2008-1970
HL0035
HEALTH VIOLATIONS -ARMADILLO RESTAURANT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
� `` WELD COUNTY, COLORADO
ATTEST:L tal' ?a% ii li i
�` W. 'am H. Jerkg Chair
Weld County Clerk to t i &V amp (�
Ffsi
Robert M eV ro Tem
BY: �- s'Ik1s,ri I
Deputy Clerk to theci:. ��
William F. Garcia
APPROVLD AS I M: EXCUSED
David E. Long
ounty Attorney
Douglas ademache
Date of signature: WA?
2008-1970
HL0035
Memorandum
1111k TO: Board of County Commissioners
From: Dan Joseph , o
COLORADO DATE: 07/14/2008 a
w
SUBJECT: Armadillo Restaurant
The Armadillo Restaurant, located at 819 9th 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.
2008-1970
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 2"d 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.
Tij
Must conduct 1st follow up inspection
+ +
Compliant Non-Compliance
No Regulatory Action Non-compliance-Issue 1st "Written
Notification Non-Compliance".
Must conduct 2nd follow up inspection
+ +
Compliant Non-Compliance
1s'follow up-Must notify licensee in Same violation found-Issue 2"d"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"d"Written Notification of can be assessed.
Non-compliance". 1+
Must conduct 3rd follow up inspection
+ +
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 3`d"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 3`d 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 3`d Civil Penalty in any calendar year requires the Department to initiate
action to revoke or suspend the RFE License
Armadillo Restaurant
July 14 , 2008
Hearing with Board of County
Commissioners
To Ensure a Safe Food Supply 1
By the authority of the Colorado Revised Statutes we
have the responsibility to ensure a safe food supply in
Retail Food Establishments.
• This is accomplished through the use of a uniform code of
sanitary rules (the Colorado Retail Food Establishment Rules •—��
and Regulations).
• The rules include provisions on the following :
Preparation, sale and serving of food
Wholesomeness of food and drink
Equipment design and construction
Sanitary maintenance of facility
Source and protection of food and water
Disposal of liquid and solid waste
* Other
E HIBIT
Aityv,4tair
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t. CESS - Iii "10
Why Are We Here ?
Since January 2008
e Have issued 2 separate 1st Notifications of
N on-compliance
® Have issued 2 separate 2nd Notifications of
N on -compliance
O Have issued a Notification of Civil Penalty
• Have issued a 2nd Notification of Civil Penalty
• Have issued a 3rd Notification of Civil Penalty
Why Are We Here ?
To ask the board for license revocation of the
Armadillo Restaurant pursuant to Colorado
Revised Statute 25-4- 1611
• The statute states: "( 3) A maximum of three civil
penalties may be assessed against a licensee or
other person operating a retail food establishment in
any calendar year. Whenever a third civil penalty is
assessed in a calendar year, the department or local
board of health shall initiate proceedings to suspend
or revoke the license of the licensee pursuant to
section
2
WhyAre We Here ?
25-4-1609. Disciplinary actions - revocation - suspension -
review.
(1 ) The department or local board of health may, on its own motion
or complaint and after an investigation and hearing at which the
licensee is afforded an opportunity to be heard, suspend or revoke a
license or certificate of license for any violation of this part 16, any
rule adopted pursuant to this part 16. or any of the terms, conditions,
or provisions of such license or certificate of license. A written notice
of suspension or revocation , as well as any required notice of
hearing, shall be sent by certified mail to the licensee at the address
contained in the license or certificate of license.
(2) The revocation and suspension of a license or certificate of
license shall be in addition to any other penalties prescribed by this
part 16. No suspension shall be for a period longer than six months.
When a license or certificate of license is suspended or revoked. no
part of the fees paid for a license shall be returned to the licensee.
History
Since December 2006
• Have conducted 4 regular inspection and 4 follow up
inspection ( Normally would have conducted 3-4 total
in that time period )
• Have disposed of food on 5 of those inspections due
to food being moldy and/or improper cooling
• In addition , conducted one non-regulatory inspection
( part of training with state ) where many issues were
noted
• Received Food Borne Illness complaint on May 27 .
2008
3
Violation Comparison
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critical violations non critical
■Average Facility ■Armadillo
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Enforcement Actions Comparison
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Voluntary Condom nfo .::meat Letters
•
® Average Facility ■Armadillo
4
1111€ V7ELD COLTN'IY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
1555 N. 17TH AVENUE
GREELEY, CO 80631
COLORADO (970) 3046415 FAX (970) 304-6411 Page One of
FSTARUS1IMENT OWNEEMANAGER
ADDRESS ZIP CODE IPNONE
PAC F UTY\1Ct SANK CODE DATE SFATI.IE CAP IsSPLCT TIME ninon tut INNSt
unINSECURzen r. urine
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• MY ttr.gn Pe.ir..y
REL%IL FOOD ESTABLISHMENT INSPECTION REPORT
lurtu cteclsd below l4aulq ncktieas co ba cosscoed as tadlcan d by tha n ulatoq suthodcy. haute to Tangly try rank In&tabu so ca by MT rckutlu oq tucbc icy.
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Red —Critical Items: These items retard directly to foo:lbarne tltnru Black —Od1)incr Items: C'ocoaated, dine as become uncut problems.
01 Food Source 09 Food Labeling, Food Protection
a Appeared source d. IUCCP plea a Original ccttuiarr property labeled
b WhdeYme, free of'pollute h Fenl protected from com miastioo
c. Crae-ooestamrrnon
10 Equipment Design, COME ruaion
02 Personnel a kali-C rut turfrn
Employee Health Hygienic Pratiees h Nonfoai-coast surfaces
a. Pencooel whakectime mulcted c. Dishwashing fordities
h Wounds property caeered d}ly;ieaic practical
c. Wads:sad a needed e. Sceokieg.taemg. drinking 11 Tanana Devices
a Refrigeration units provided wick oceanic,conspicuous chetrnornetet
Demonstration of lino-sledge b. Dish machine prcnidedwith accurate thermometer& prude cock
I Training aerded c. Chemical tea kits provided, accessible
03 Food Temperature Control 12 Cleating of Equipment and Utensil's
Temper attire Control Procedures
a tali cod foals to APP or lee J. Required acute a Food-ccocoauct surfaces c. Dishwashing operations
Rapidly °l � � b. Nonfood-contact rumors &Wiping clocks
h Rapidly.J-,a to 16$'F or to r. Cold hold at 41*P m leas
l� 13 Utensils, Single_Sen ce Ankles
c. Hot hold at I SS'P a gteuer a Utensils prcni,dnd. used,stored
Temperature Control Equipment b. Single serrke articles stored.dispensed. used
1. Food thermometer(probe-type) c. No re-use elsiogk unicr wicks
! Adequate equipment co maintain food uropentuns R : -
Temperature Control Violations
Improper Cold a 41
1
Holding , , 1
• December 14, 2006
• June 11 , 2007 . • . -;
,
• December 18 ; 2007 1 —_
a January 10 , 2008 •
4
• March 24. II 2008 '
• May 28 , 2008 ---..----t_ `
• June 20 , 2008 (2 ' . : j
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violations) H . 2i 2Ci
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Temperature Control Violations
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Proper Cooling
Pro er Cooling
135°F
57°C 1111Th i 70°F
21°C
01
41°F
5°C
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Enfriamiento adecuado
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Improper Cooling Violations
How to cool foods rapidly
• Use metal containers
versus plastic containers 1,
• Use shallow containersIppor
.
instead of deep containers �'; -
Containers to the right '
found at 50-55 degrees
after a day of cooling
05,28. 2008
•
Improper Cooling Violations .
How to cool foods
rapidly 7, �.
• Again , use metal '
containers versus ., ,.
plastic Ar. '
o Open containers to ' 05 28 2O8
release heat
o Ensure equipment
working properly
• Place in ice bath or M l :
freezer to cool
product even faster
r
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Moldy Food
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At 12/18/2007
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Moldy Food
Cited on : '
• December 14 , 2006 ,-;
-7-44--__ 7 _ thil
• December 18 2007
• February 13 . 2008
• March 24 . 2008 - s` .
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t .
• May 28 . 2008 i
/ - 400
__ . ___
05128 '2008 ,
8
Improper Hygienic Practices
Cited on:
• December 14, 2006
(2 violations)
• June 11 , 2007
• December 18, 2007 i e ; . •„• ' : a , ;roe
(2 violations) r i• - t :
• January 10, 2008 . . • :.��
blif 1� _I w_t;
• February 13, 2008 , , � .
• June 20. 2008
Violations included
washing hands in -
wrong sinks. food/ice
found in hand sinks. -
using cups to scoop 06 20 2008
ice.
Improper Sanitizer Levels
Too much sanitizer »3.�
leaves a toxic 4, ,,,� , ,
residue --7 :
laic,
• Cited on :
December 14 . 2006
June 11 . 2007
I December 18 . 2007
ow
January 10 , 2008 i
+ March 24. 2008
June 20 , 2008
9
Plumbing Violations
No Backflow
I
Prevention ,
ft
o December 14 , 2006 (2 , ` � ,
violations) 4 : .•'
N December 18 , 2007 ef
�. ,=_ , 1-
9 January 10 . 2008 - -
9 February 13 . 2008 ___
9 March 24, 2008 - - -
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JY28 . 2008 .
05 28'20
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Plumbing Violations
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Plumbing Violations - -
., Cited on :
a December 4. 2006
o December 18 . 2007
A January 10 , 2008 "~� _�'-"� •'
March 24. 2008 ,
L\. May 28 , 2008 . . :o June 20 , 2008
II05
sissimall
Cleaning Violations
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Cleaning Violations
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Equipment Disrepair Violations
Preparation cooler in
disrepair
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Cited on :
O December 14, 2006 .. ,; III
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afr
Ili A January 11 . 2007 flH.
A December 18 , 2007 -
".... -;
P ® January 10 , 2008
/ \ '
0 0 February 13, 2008 06 20/2008
March 24, 2008
® June 20 . 2008
Equipment Disrepair Violations
. Nit / 1 i - - I 4
1 41 V. Oft ' 4.
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05/28/2008 •
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13
Facility Maintenance
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4-04.7 - •
:106 '20/ 2b08
I
Centers for Disease Control Risk
Factors
Improper Holding/Time and
Temperature
Poor Personal Hygiene
Contaminated Equipment/ Prevention
of Contamination
14
Summary
In closing : We are asking for license
revocation due to the food borne illness
risk that the facility is posing to the public .
15
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