HomeMy WebLinkAbout20031390.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY
ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST T-BIRDS SPORTS BAR
AND GRILL FOR VIOLATION OF HEALTH REGULATIONS
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 Board has been presented with a recommendation from the Weld
County Department of Public Health and Environment for the County Attorney's Office to
proceed with legal action against T-Birds Sports Bar and Grill, and
WHEREAS, a hearing before the Board was held on the 2nd day of June, 2003, at
which time T-Birds Sports Bar and Grill was not present or represented at said hearing,
although all parties were notified of said hearing by Department of Public Health and
Environment staff, and
WHEREAS, the Board deems it advisable to bring legal action against those individuals
named above to correct said violation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to
proceed with legal action against T-Birds Sports Bar and Grill to remedy the violation of the
Weld County Code, and any other persons occupying the properties, any persons claiming an
interest in the properties, and any persons acting in active concert with the identified parties.
BE IT FURTHER RESOLVED by the Board that the County Attorney be, and hereby is,
authorized to act as the collecting agent for Retail Food Service Establishment License fees
and civil penalties.
2003-1390
ffL //Aid 61 HL0030
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST T-BIRDS SPORTS BAR AND GRILL FOR VIOLATION OF HEALTH
REGULATIONS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE COU TY COLORADO
ATTEST: Lid k�/ ! 2'≥
y'v'' vid E. Long, Chair
Weld County Clerk to to t a.:-A% 910 )
Irv ,
BY: i -� Robert D. M en, Pro-T m
Deputy Clerk to the Bo`=1
. J.
AP D AS TO
William . Jerke
unty A r SA ��
Glenn Vaad�
Date of signature: 6/9
2003-1390
HL0030
ESTHER Gesick- Restaurant Hearing June 2, 2003 Page 1
From: Char Davis
To: Gesick, ESTHER
Date: 5/29/03 5:34PM
Subject: Restaurant Hearing June 2, 2003
Esther,
At this time we have 1 facility, T-Birds Sports Bar& Grill, located at 721 10th Street Greeley, that has not
responded to our letter of Notification of Hearing for Failure to Pay a Retail Food Establishment License
and Civil Penalty Assessed.
The following is a timeline of actions on our part:
November 27, 2002 - Retail Food Establishment(FSE) License Renewal Application was sent to the
address specied in the establishment file.
January 31, 2003 - A second notice/reminder- Retail Food Establishment(FSE) License Renewal
Application was sent to the address specied in the establishment file.
March 3, 2003 - A final notice- Failure to Obtain a Retail Food Establishment License letter was
sent to the address specied in the establishment file.
April 4, 2003 - A Notice of Civil Penalty Assessment, Failure to Obtain a Retail Food Establishment
License letter was sent by Certified Mail to the address specied in the establishment file. Certified Mail
received by establishment on April 12, 2003.
April 29, 2003 -Telephone attempt made by Char Davis to the establishment. Recorded message
indicated that the phone line was temporarily disconnected.
May 20, 2003 - A Notification of Hearing Failure to Obtain a Retail Food Establishment License and
Civil Penalty Assessed letter was sent by Certified Mail to the address specied in the establishment file.
Certified Mail received by establishment on May 27, 2003.
To date May 29, 2003, payment has not been received by this office.
I hope this is adequate. If you need more information please let me know. Char
Charlotte Davis, MPH
Environmental Health Services
Weld County Department of Public Health and Environment
1555 N. 17th Avenue
Greeley, CO 80631
Work (970) 304-6415 ext 2208
FAX (970) 304-6411
cdavis@co.weld.co.us
CC: Jiricek, TREVOR; meier, Steven J.; Morrison, LEE; Parkos, DANIEL; WALLACE,
MARK
2003-1390
•
6 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
�c 1555 N. 17th Avenue
Greeley, CO 80631
WEBSITE: www.co.weld.co.us
' ADMINISTRATION: (970) 304-6410
FAX: (970) 304-6412
FAX: (970) 304-6416
C. PUBLIC
ENVIRONMENTAL HEALTH SERVICES: (97 0) 304-6415
COLORADO FAX: (970) 304-6411
May 20, 2003
CER I11,1ED LETTER NO.: 7002 3150 0000 8948 7886
T-Birds Sports Bar and Grill Inc.
721 10th Street
Greeley, Colorado 80631
Notification of Hearing
Failure to Pay a Retail Food Establishment License and Civil Penalty Assessed by
The Weld County Department of Public Health and Environment
As of this date, May 20, 2003, Weld County Department of Public Health and Environment
(WCDPHE) has determined that T-Birds Sports Bar and Grill located at 721 10th Street, Greeley,
Colorado has not obtained a valid food service license which is in violation of C.R.S.
25-4-1610(b). The food service license fee is $125.00. You have also failed to pay a civil
penalty of$250.00. The failure to pay this penalty assessment is in violation of C.R.S.
25-4-1610(f). The total fee for the license and civil penalty is $375.00.
This letter is to inform you that you are scheduled to appear in a public-meeting of the Weld
County Board of Commissioners on June 2, 2003 at 9:00 a.m. The hearing will be held at the
Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, during the
regular Board meeting. The Board will be requested to authorize legal action to enjoin the
operation of your establishment unless and until you obtain a valid food service license. The
Board will also be requested to authorize the County Attorney to seek a judgment for the
amount of the Retail Food Establishment license and the civil penalty assessed.
If you need assistance in understanding what is required to comply with this Notification of
Hearing, Failure to Pay a Retail Food Establishment and Civil Penalty Assessed, or if there is
additional information you feel we need to be aware of please contact Char Davis at(970) 304-
6415, extension 2208. If payment has been made or if you feel you have received this letter in
error, please contact us immediately so that we may update our records.
Sincerely,
C &cEantes 9-
Daniel C. Parkos Charlotte Davis, M.P.H.
Food Program Coordinator E.H. Division Supervisor
Environmental Health Services Environmental Health Services
cc: Trevor Jiricek, Director, Environmental Health Services
Dr. Mark Wallace, Director, Weld County Department of Public Health & Environment
Lee Morrison, Weld County Assistant Attorney
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PS Form 3f1110 .lime 2002 See Revorso for Instructions
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
s Complete items 1,2,; .Also complete A. Sigo ty e
item 4 if Restricted Delivery is desired. X J Alf ❑Agent
II Print your name and address on the reverse , 0 Addressee
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1. Article Addressed to: :' E enter delivery address below: O No
T-BIRDS SPORTS BAR & GRILL INC c?,N
721 10TH ST �t
GREELEY CO 80631
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4. Restricted Delivery?(Extra Fee) Cl Yes
2. Article Number
(Transfer from service label) 7002 3150 0000 8948 7886
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
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J DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 17TH AVE
GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us
ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
• ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
COLORADO FAX (970) 304-6411
April 4, 2003
CERTIFIED LETTER NO.: 7002 3150 0000 8948 7602
T-Birds Sports Bar& Grill Inc
T-Birds Sports Bar& Grill
721 10th Street
Greeley, Colorado 80631
Dear Retail Food Establishment Owner/Operator.
NOTICE OF CIVIL PENALTY ASSESSMENT
FAILURE TO OBTAIN A RETAIL FOOD ESTABLISHMENT LICENSE
You are hereby notified that the Weld County Department of Public Health and Environment
has determined that T-Birds Sports Bar& Grill located at 721 10th Street, in Greeley, Colorado
is selling or serving food without obtaining a Retail Food Establishment License in violation of
the provisions of Part 16, Title 25, Article 4.of the Colorado Revised Statutes.
You, as the operator, have been notified in writing on three occasions, have been given an
opportunity to comply and you remain in violation. -
Background Summary:
• Retail Food Establishment License Renewal Application letter dated November 27,
2002, sent to the address specified in the establishment file.
• Retail Food Establishment License Renewal Application letter, second notice, dated
January 31, 2003, sent to the address specified in the establishment file.
• Final Notice, Failure to Obtain a Retail Food Establishment License letter, dated March
3, 2003, sent to the address specified in the establishment file.
Pursuant to the above information and as provided in Section 25-4-1611 (I), C.R.S. 1998, Repl.
Vol., you are hereby ordered to pay the civil penalty in the full amount of$250.00. Such civil
penalty must be received by the Weld County Department of Public Health and Environment
within ten (10) days of receipt of this letter.
Certified Letter No.: 7002 3150 0000 8948 7602
April 4, 2003
Page 2
In addition, enclosed you will find your 2003 Retail Food Establishment License Renewal
Application. Return the completed bottom portion of the renewal application, the license fee of
$125.00, and a copy of your current Colorado Sales Tax License.
Checks must be made payable to Weld County Department of Public Health and Environment
(WCDPHE). Failure to pay the penalty amount and the 2003 Retail Food Establishment
License Renewal Application fee in full will subject you to further enforcement proceedings.
The total amount due for both the civil penalty and the renewal application license fee is
$375.00.
Should you wish to contest the Department's findings, you have the right to request a hearing
on this matter before the Board of County Commissioners under the provisions of § 2-4-10 of
the Weld County Code. Such request must be made in writing within 60 days of the date of this
letter to the Clerk to the Board of County Commissioners, P.O. Box 758, Greeley, Colorado
80634.
If you need assistance in complying with this Notification of Violation to Obtain a Retail Food
Establishment License, or if there is additional information you feel we need to be aware of,
please contact Cindy Salazar at(970) 304-6415, extension 2205. If payment has been made or
if you feel you have received this letter in error, please contact us so that we may update our
records.
Si�n^,cerely, g^' R / ^Am LIE/AA-tint
Daniel C. Parkos Charlotte Davis, M.P.H.
Food Program Coordinator Division Supervisor
Environmental Health Services Environmental Health Services
cc: Trevor Jiricek, Director, Environmental Health Services
Dr. Mark Wallace, Director, Weld County Department of Public Health and Environment
Lee Morrison, Weld County Assistant Attorney
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(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
•
DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
6 1555 N. 17th Avenue
Greeley, CO 80631
WEBSITE: weley wel co.0
ADMINISTRATION: (970) 304-6410
liD FAX: (970) 304-6412
PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420
O FAX: (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415
FAX: (970) 304-6411
COLORADO
March 3, 2003
T-BIRDS SPORTS BAR&GRILL
721 10TH ST
GREELEY, CO 80631
Dear Retail Food Establishment Owner/Operator:
FINAL NOTICE
NOTIFICATION OF VIOLATION
FAILURE TO OBTAIN A RETAIL FOOD ESTABLISHMENT LICENSE
The Environmental Health Division of the Weld County Department of Public Health and Environment recently
reviewed our files and determined that you have not returned your renewal form and payment for your 2003 Retail
Food Establishment License. A letter dated January 31, 2003 and your 2003 renewal application was previously
mailed to the above address regarding the same.
This letter is to remind you that Colorado law does not permit any person to operate a retail food service
establishment without a valid license. Therefore,pursuant to sections 25-4-1610(1)(b)and 25-4-1601(1),Colorado
Revised Statutes, the renewal form with payment must be returned to this office so as to comply with the provisions
of 25-4-1610(1)(b)and 25-4-1601(1).
Enclosed is your 2003 Retail Food Establishment License Renewal Application. Complete the bottom portion of the
Renewal Application and return it with the appropriate fee payable to Weld County Department of Public Health and
Environment. The required fee can be found in the lower right hand comer of the Renewal Application. In addition,
ensure the bottom of the renewal form is signed by the owner or delegated manager in authority. Please include a
copy of your current Colorado Sales Tax License along with your renewal and payment.
Failure to comply with the provision of this notification will subject you to a civil penalty,which may be assessed by
this Department. The amount of the civil penalty is not less than two hundred fifty dollars nor more than one
thousand dollars.
If you need assistance in complying with this notification or if there is additional information you feel we need to be
aware of,please do not hesitate to contact Cindy Salazar at(970)304-6415, extension 2205. If payment has been
made or if you feel you have received this letter in error,please contact us so that we may update our records.
Sincerely, ti aaaitrie 1
r
Daniel C.Parkos Charlotte Davis,M.P.H.
Food Program Coordinator Division Supervisor
Environmental Health Services Environmental Health Services
cc: Trevor Jiricek,Director,Environmental Health Services
Dr.Mark Wallace,Director,Weld County Department of Public Health and Environment
Lee Morrison,Weld County Assistant Attorney
M\ENVIRONFIENTAL HEALTH SERVICES\FOODLLata Shdis\Fad Renewal Notice taint
a DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
' ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
• ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
COLORADO FAX (970) 304-6411
January 31,2003
T-BIRDS SPORTS BAR&GRILL
721 10TH ST
GREELEY, COLORADO 80631
Dear Retail Food Establishment Owner/Operator:
The Environmental Health Division of the Weld County Department of Public Health and Environment
recently reviewed our files and determined that you have not returned your renewal form and payment for
your 2003 Retail Food Establishment License.
This letter is to remind you that Colorado law does not permit any person to operate a retail food service
establishment without a valid license. Therefore,pursuant to sections 25-4-1610(1)(b) and 25-4-16010),
Colorado Revised Statutes,the renewal form with payment must be returned to this office so as to comply
with the provisions of 25-4-1610(1)(b) and 25-4-16010).
Enclosed is your 2003 Retail Food Establishment License Renewal Application. Please complete the
bottom portion of the Renewal Application and return it with the appropriate fee payable to Weld County
Department of Public Health and Environment. The required fee can be found in the lower right hand
corner of the Renewal Application. Please ensure the bottom of the renewal form is signed by the owner or
delegated manager in authority. Please include a copy of your current Colorado Sales Tax License
along with your renewal and payment.
Failure to comply with the provision of this notification will subject you to a civil penalty,which may be
assessed by this Department. The amount of the civil penalty is not less than two hundred fifty dollars nor
more than one thousand dollars.
If you need assistance in complying with this notification or if there is additional information you feel we
need to be aware of,please do not hesitate to contact Cindy Salazar at(970)3046415, extension 2205. If
payment has been made or if you feel you have received this letter in error,please contact us so that we
may update ow records.
Sincerely,
Daniel C. Parkos Charlotte Davis,M.P.H.
Food Program Coordinator Division Supervisor
Environmental Health Services Environmental Health Services
cc: Trevor Jiricek,Director,Environmental Health Services
Dr. Mark Wallace,Director, Weld County Department of Public Health and Environment
Lee Morrison,Weld County Assistant Attorney
M:\ENVIRONMENTAL NFAI TH SERVICESNOODV<nen 200Nicaue renewal noun 2.dnc
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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 N 17TH
, GREELEY, 7T AVE
WEBSITE: www.co.weld.co.us
' ADMINISTRATION (970)304-6410
FAX(970) 304-6412
O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX(970)304-6416
ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
COLORADO FAX(970) 304-6411
November 27, 2003
Dear Retail Food Establishment Owner/Operator.
Please find enclosed your 2003 Retail Food Establishment License Renewal Application. In
an effort to update our information concerning your establishment, we have also enclosed a
Retail Food Establishment Information Form. These documents must be completed and
returned in order to renew your Retail Food Establishment License for 2003.
Please complete the entire Retail Food Establishment Information Form and the bottom
portion of the Renewal Application. Please return both forms with the appropriate fee
payable to Weld County Department of Public Health and Environment by December 31,
2002. The required fee can be found in the lower right hand corner of the Renewal
Application. In addition, please provide a current copy of your Colorado Sales Tax
License If it has changed during the last year. This license can be obtained at the
Colorado Department of Revenue (303-238-7378).
We appreciate your cooperation in this matter and look forward to working with you in 2003. If
you have any questions or if we can assist you in any way, please do not hesitate to contact
Cindy Salazar at(970)304-6415, extension 2205.
Sincerely,
lAWRINIC%4
Trevor Jiricek, M.A.E.S.
Director
Environmental Health Services
Enclosures
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