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HomeMy WebLinkAbout20031540 RESOLUTION RE: ACTION OF BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST SAM'S CORNER BAR 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 Sam's Corner Bar, located at 513 Oak Street, Frederick Colorado 80530, and WHEREAS, a hearing before the Board was held on the 16th day of June, 2003, at which time a representative for Sam's Corner Bar was present to pay the outstanding $250.00 civil penalty, and WHEREAS, following payment, at the recommendation of staff, the Board deems it advisable to dismiss the violation hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the violation hearing regarding the recommendation from the Weld County Department of Public Health and Environment for the County Attorney's Office to proceed with legal action against Sam's Corner Bar be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D., 2003. BOARD OF COUNTY COMMISSIONERS ���1 WE[�COU TY, CO RADO ATTEST: /�'r/" ' f I'4 I'll F •'<1 �T LE. Lo ,%Sf r Weld County Clerk to the :r rd }c,,,R5 Q IS6I izy .�.�( bert D. M den, Pro-Tem BY: Ca_//1- Deputy Clerk to the Boa t►it( f \)./ � r. .' . J. eile APP 0 D AS M: c ^ 1 — Wlll,�H. Je — • unty Attorne Q.24 Glenn VaaU Date of signature: 2003-1540 HL0030 NI : 7/Z-/ Cwt, c-55,7,. ±5 From: Char Davis To: Gesick, ESTHER Date: 5/29/03 5:34PM Subject: Restaurant Hearing June 16, 2003 Esther, At this time we have 1 facility, Sam's Corner Bar, located at 513 Oak Sreet, Frederick,that has not responded to our letter of Notification of Hearing for Failure to Pay a 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 28, 2003 - Payment of$110.00 received. Civil Penaly Assessed of$250.00 due. May 29, 2003 - A Notification of Hearing Failure to Pay a Civil Penalty Assessed letter was sent by Certified Mail to the address specified in the establishment file. Certified Mail received by establishment on June 3 2003. To date June 16, 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 2003-1540 Q jrif 1{1: 1; DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT 1555 N. 17`h Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION: (970) 304-6410 FAX: (970) 304-6412 FAX: (970)mac PUBENV ENVIRONMENTAL HEALTH SERVICES: (97 0) 304-641LIC HEALTH EDUCATION & NURSING: (970) 304-6420 COLORADO FAX: (970) 304-6411 May 29, 2003 CERTIFIED LETTER NO.: 7002 3150 0000 8948 7916 Sam's Corner Bar 513 Oak Street Frederick, Colorado 80530 Notification of Hearing Failure to Pay a Civil Penalty Assessed by The Weld County Department of Public Health and Environment As of this date, May 29, 2003,Weld County Department of Public Health and Environment (WCDPHE) have determined that Sam's Corner Bar, located at 513 Oak Street, Frederick, Colorado has failed to pay a civil penalty of$250.00. The failure to pay this penalty assessment is a violation of C.R.S. 25-4-1610(f). Your failure to pay the violation also means that you have not yet obtained a valid food service license and are also in violation of sec.25-4-1610 ( b) This letter is to inform that you are scheduled to appear in a public meeting of the Weld County Board of Commissioners on June 16, 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 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 Sit1i;€rely; ,,. r r),...„ Daniel C. Parkos &P Charlottk., �tP.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 • t U.S. Postal ServiceTM RTIFIED MAIL.,: RECEIPT Li; )estic Mail Only;No Insurance Coverage Provided) r F•r•elivery int rmati•n visit• •ur wje{site at www.us• •s.c• co OFFICIAL USE Postage $ .. - - .`•. Certified Fee - Retum Redept Fee Po er ark Here (Endorsement Required) C3 Hesoitled Dehery Fee 1/) (Endorsement Required) ra rn Total Postage&Fees $ tU CI Sent To //'� j O lm e S ocn r. 17j -4 ` a p o %D NA. 12O pr PosoxN City,State,9P+4 pp G 7�� c tCIC 1 It OUco'oi• SENDER: COMPLET-.THIS SECTION Ce 'Y • Complete items 1,- . d 3.Also complete — A. Sign.tur Beni 4 if Restricted Delivery is desired. ` / ❑Agent ■ Print your name and address on the reverse - ❑Addressee so that we can return the card to you. B. Received C. Date of Delivery ■ Attach this card to the back of the mailpiece, L7 or on the front if space permits. BOw ❑ • D. Is d ery ad ress different ? yes 1. ANde Addressed to: If Y ,enty(f( very address low: ❑ No' twJ SPt� J TUIZE I�ESInrlrlS Ifl fr 2 j 083 lj4rnt S (loin, / ego,/ pD. tot \7_o 3. Service T / X tI(Cenifled Mal Mail - r \ �i�3U-1-7 ❑Registered ❑ Return Receipteceipt for Merchandise j >C1rC' 2✓tC ! I Q 9), w ❑ la-mired Mal ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article(Trans rfr m 7002 3150 0000 8948 7558 (Transfer from service labeQ �. PS Form 3811,August 2001 Domestic Return Receipt 102595.O2.M-1540 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT $t ENVIRONMENTAL HEALTH SERVICES YR 1555 N 17TH AVE GREELEY, CO 80631 POWIS (970)304-6415 FAX(970) 304-6411 RETAIL FOOD ESTABLISHMENT INSPECTION REPORT 'acility Name: SAM'S CORNER BAR Owner: SALVATORE DESANTIS ddress: 513 OAK ST Address: 513 OAK ST FREDERICK, CO 80530 FREDERICK, CO 80530 (spy ) g3;.-. %Pi 'hone: (303) 833-2088 Phone: No Valid Telephone Format On File icense#: License Current: Inspection Type: REGULAR INSPECTION )ate: 05/29/03 Specialist: LORETTA SIEDELMAN #485 Time of Inspection: 5:21 pm hers crossed cut below identify violations to be corrected as irdimted by the replatory aihority. Fai lure to amply rray result in further rtim bJ the regulatory authority_ ITEMS IN RED TO BE CORRECTED IMMEDIATELY! Red--Critical Items: These items related directly to foodbome illness. Other Items: Uncorrected,these can become serious problems. 01 Food Source 09 Food Labeling, Food Protection a. Approved Source d. HACCP Plan a. Original container, properly labeled b. Wholesome, free of spoilage e. Consumer advisory b. Food protected from contamination c. Cross-contamination JO Equipment Design, Construction 02 Personnel x. Food-contact surfaces Employee Health Hygienic Practices b. Nonfood-contact surfaces a. Personnel w/infections restricted c. Dishwashing facilities b. Wounds properly covered d. Hygienic practices 11 Testing Devices c. Hands washed as needed e. Smoking, eating, drinking a. Refrigeration units provided with accurate,conspicuous thermometer Demonstration of Knowledge b. Dishmachine provided with accurate thermometer&gauge cock f. Training needed c. Chemical test kits provided,accessible 03 Food Temperature Control 12 Cleaning of Equipment and Utensils Temperature Control Procedures a. Food-contact surfaces c. Dishwashing operations a. Rapidly cool foods to 41°F or less d. Required cooking temperature b. Nonfood-contact surfaces d. Wiping clothes b. Rapidly reheat to 165°F or greater e. Cold hold at 41°F or less 13 Utensils, Single-Service Articles c. Hot hold at 140° F or greater a. Utensils provided, used, stored Temperature Control Equipment b. Single service articles stored, dispensed, used f. Food thermometer(probe-type) c. No re-use of single-service articles g. Adequate equipment to maintain food temperatures 'I Physical Facilities 04 Sanitization Rinse x. Plumbing: installed, maintained e. Ventilation Temperature Concentration Exposure b. Garbage and refuse f. Locker rooms a. Manual x. Floors, walls, ceilings g. Premises maintained b. Mechanical d. Lighting h. Separation of living, laundry c. In-Place 15 Other Operations Sanitizer: Chlorine Quaternary Ammonium Other a. Personnel: clean clothes, hair restraints, authorized 05 Water, Sewage, Plumbing Systems b. Linen properly stored a. Safe water source c. Backflow, back siphonage b. Hot&cold water under pressure d. Sewage disposal 06 Handwashing and Toilet Facilities a. Adequate number,location,design Soap&drying devices b. Accessible 07 Pest Control a. Evidence of insects or rodents c. Animals prohibited b. Pesticide application Page 1 of 2 08 Poisonous or Toxic Items • Initials: a. Properly stored c. Property used b. Properly labeled Specialist's Initials: .'"T''7, )ate: 05/29/03 Page 2 of 2 :amity: SAM'S CORNER BAR Address: 513 OAK ST, FREDERICK, CO 80530 flotations Found (* notes a critical violation): * 06c) Rolling cloth towels in place in restrooms. Replace with disposable papertowels or hot air blowers. 10a) Cold plate with beverage lines in use. Replace when ownership changes or major remodel. 14a) 3-compartment sink is directly drained. 14c) Floor is the kitchen is soiled. 3eneral Comments: License is not current. rHE UNDERSIGNED HEREBY ACKNOWLEDGES THE FOLLOWING: Based on an inspection this day, the items marked identify the violation in operation or facilities which must be corrected by the next routine inspection or such shorter period of time as may be specified in writing by the regulatory authority. Failure to comply with any time limits for correction specified in the notice may result in cessation of your food service operations. An opportunity for appeal of the inspection findings and time limitation will be provided if a written request for an administrative hearing is filed with the department within (5) days following the date of inspection. .ORETTA SIEDELMAN #485 RECEIVED BY (303) 533 z7 a? Pf ' DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us Wig 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 7558 Salvatore Desantis Sam's Corner Bar PO Box 120 Frederick, Colorado 80530-0120 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 Sam's Corner Bar located at 513 Oak Street, in Frederick, 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 7558 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. Sincerely, Lie Aer 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\DNWOHMEMAL HEALTH SERVICESPOOD%Lenas 2003'CIW Paie&yi 040403.doc — , • _ C,M'LETE TNIS SEC -.i •N ,ELIVE'� SEN e eE': C•M'LET'THIS SECTIN / / late ' A. Sign.tu� ❑Agent • complete items 1,-..., end 3.Also comp .J O Addressee item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse C. Date of Delivery so that we can return the card to you. B. Received QQ IO B, �'•-i ■ Attach this card to the back of the mailpiece, ress different fro •i 'S ? Oyes . or ort the front If space permits. p. Is de ery ❑ No If Y' •snfAmvery address••low: 1. Article Addressed to: 21 1003 I S�� J{�� et �ESpd�S 514mtS L.O{ne ✓ #�j� n 7-0 1 �� 3, service Ty•- viz' .ress Mail 1 P�, `� \ W X tt Certified Mai �i� Reastered ❑Return Receipt for Merchandise • t7�'J 3� 4 rl° ❑ Insured Mail ❑C.O.D. P(2de✓tCk.l Co raFee) ❑Yes 4. Restricted Delivery. (Ext o I 2. Article Number 7002 3150 0000 8948 7558 I (Transfer from service label) 02595-02-M-1540 August 2001 Domestic Return Receipt PS Form Au 3811, g z S. Postal Service, I CERTIFIED MAIL, REC T I it (Domestic Mail Only;No Insurance Cae Provided) 1` I F•r•elivery inf•rgmatign visi!•ur w/e�•sity/e at www.us.s.c•m;; sr USEi on Postage, E . 0 Oertlflad Fes - O O Return stmark (Endorsement Required) P Hare Here O Restr DeliveryFee r-9 (En(EndorsementRequired)r� m Total Postage&Fees $ • ru 0 a M1 SAM'S CORNER BAR Newt Apt No.; or Po a°x Na 513 OAK ST City,Stab,ZIP./ FREDERICK CO 80530 Z DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT rtte}tr1555 N. 17th Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.co.us ADMINISTRATION: (970) 304-6410 1p FAX: (970) 304-6412 Wi • PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420 FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415 COLORADO FAX (970) 304-6411 March 3, 2003 SAM'S CORNER BAR PO BOX 120 FREDERICK, CO 805300120 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)(6)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 corner 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, -7:::),stus &ay_ eitztatc 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:\ENVIRONMENrAL fEALTI(SERVICESP00DJac SIM41 Find Renal Nolte tact a ' DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1E5N17TH AVE GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-641C FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-642C FAX (970) 304-641E • ENVIRONMENTAL HEALTH SERVICES (970) 304-641E COLORADO FAX (970) 304-6411 January 31,2003 SAM'S CORNER BAR 513 OAK ST FREDERICK, COLORADO 80530 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) 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, 111 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 MAENVIRONMENTAL HEALTH SERVICBSV+OODLeuen 2002Vieence renewal notice 2doc DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us IlDADMINISTRATION (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, iii4VRAa Trevor Jiricek, M.A.E.S. Director Environmental Health Services Enclosures m:lenvironmental health aeMceslfoodvetlera 2003\2003coverletlerdraftdoe Hello