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Home My WebLink About20190143.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - ALMANZA'S MEXICAN FOOD 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, Almanza's Mexican Food, located at 2502 8th Avenue, Garden City, Colorado 80631, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, on January 7, 2019, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violations at the facility licensed to Almanza's Mexican Food, LLC, and WHEREAS, after hearing testimony from all present, the Board of County Commissioners moved to issue a suspension of the license, and ordered that the $1,000.00 civil penalty be held in abeyance to offset the cost of hiring and utilizing the services of a third -party consultant to provide formal food safety training to the entire facility staff, with follow-up inspections and with the understanding that Health staff may bring this matter back before the Board if repeat critical violations are observed or should the facility fail to remain in substantial compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Colorado Retail Food License issued to Almanza's Mexican Food, LLC, located at 2502 8th Avenue, Garden City, Colorado 80631, be, and hereby is, suspended while a consultant is utilized to assess the facility and provide formal food safety training to the entire facility staff, with the $1,000.00 civil penalty held in abeyance to defray costs of achieving compliance. The owner/operator of the facility must contract with an approved food safety consultant to conduct at least one (1) inspection while food service operations are occurring. BE IT FURTHER RESOLVED by the Board that current facility management must attend an accredited class to become certified food protection manager(s). BE IT FURTHER RESOLVED by the Board that Health staff is instructed to make follow-up inspections and to bring this matter back to the Board if repeat critical violations are observed or should the facility fail to remain in substantial compliance. CCJ.IiLC OS/tat?)/C9O 21211iq 2019-0143 HL0051 RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - ALMANZA'S MEXICAN FOOD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of January, A.D., 2019. BOARD OF COUNTY COMMISSIONERS W ; D COUNTY, COLORADO ATTEST:di: C.( %vk Weld County Clerk to the Board BY: Deputy C r' k to the Boar APP D AS TO my A orney Date of signature: 212-19 arbara Kirkmey'er, Chair Mike Freeman, Pro- em an i . Conway tt ames Steve Moreno 2019-0143 H L0051 Memorandum TO: Board of County Commissioners FROM: Dan Joseph DATE: January 7, 2019 SUBJECT: Almanza's Mexican Food Almanza's Mexican Food, located at 2502 8th Avenue in Garden City, Colorado, and owned by Almanza's Mexican Food LLC, has failed to maintain compliance with the Colorado Retail Food Establishment Rules and Regulations (Regulations) (see attached background summary). Though the Weld County Department of Public Health and Environment (Department) has given the facility all opportunities afforded them, by the Colorado Revised Statutes, to come into compliance, there have been repeated violations resulting in the assessment of three civil penalties within a 12 -month period. In addition, during this time period, multiple other critical violations were noted that have the potential to directly result in illness of patrons dining at the establishment. For these reasons, the Department recommends the following: • Suspension of the facility's retail food license until a food safety consultant has been obtained and training held for staff, and until current management attends accredited class to become a certified food protection manager. • Facility contracts with an approved food safety consultant to conduct at least 1 inspection while food service operations are occurring. • Allowance for use of the one thousand dollar ($1,000.00) civil penalty to defray costs of achieving compliance. • Performance of two inspections by the Department following any license suspension, with the objective being no repeat critical violations and substantial compliance with the Regulations otherwise. Should the establishment be unsuccessful in meeting the conditions imposed during the hearing of January 7, 2019, the Department requests the ability to bring the matter before the Board once again. 2019-0143 1 / Almanza's History of Violations April 2018 to December 2018 SUMMARY Since April 2018, the Department has performed 10 inspections where 66 violations (critical and noncritical) were cited for an average of 6.6 violations per inspection. The average number of violations cited for all licensed retail food facilities is 2.2 for regular and follow-up inspections combined. Of the 66 violations cited, 52 were critical violations (79%). Of those critical violations, 30 were foodborne illness risk factor violations (58%). CRITICAL ITEMS Critical items are related directly to foodborne illness. Foodbome illness risk factors are identified by the Centers for Disease Control as most commonly contributing to foodborne illness. lb Food in Unsound Condition Cited on April 13, 2018 lc Improper Storage of Raw Animal Food Above Ready -To -Eat Food Cited on August 30, 2018 Cited on September 28, 2018 Cited on October 17, 2018 Cited on November 5, 2018 Cited on December 5, 2018 if Inadequate Consumer Advisory Cited on November 5, 2018 Cited on December 5, 2018 2c Hands Not Washed as Needed Cited on April 13, 2018 Cited on September 28, 2018 Cited on November 5, 2018 Cited on December 5, 2018 2d Improper Hygienic Practices Cited on May 16, 2018 Cited on August 30, 2018 Cited on September 28, 2018 Cited on November 5, 2018 Cited on December 5, 2018 2e Improper Storage of Employee Drinks Cited on April 13, 2018 Cited on July 13, 2018 Cited on August 30, 2018 Cited on September 28, 2018 Cited on October 17, 2018 Cited on November 5, 2018 2f Unable to Demonstrate Food Safety Knowledge Cited on April 13, 2018 Cited on August 30, 2018 Cited on September 28, 2018 Cited on October 17, 2018 Cited on November 5, 2018 Cited on December 5, 2018 2g Bare Hand Contact With Ready -To -Eat Foods Cited on May 16, 2018 3a Improper Cooling of Potentially Hazardous Foods Cited on April 13, 2018 Cited on December 5, 2018 3b Improper Reheating of Potentially Hazardous Foods Cited on November 5, 2018 Cited on December 5, 2018 3c Improper Hot Holding of Potentially Hazardous Foods Cited on April 13, 2018 Cited on May 16, 2018 Cited on June 8, 2018 3e Improper Cold Holding of Potentially Hazardous Foods Cited on April 13, 2018 Cited on August 30, 2018 3f No Food Probe Thermometer Available Cited on November 5, 2018 4a Improper Manual Warewashing of Food Contact Surfaces Cited on April 13, 2018 6b Hand Sinks Inaccessible Cited on December 5, 2018 7a Evidence of Pest Activity Cited on August 30, 2018 Cited on October 17, 2018 Cited on November 5, 2018 7b Improper Pest Control Application Cited on October 17, 2018 Cited on November 5, 2018 8a Improper Storage of Chemicals Cited on May 16, 2018 Cited on August 30, 2018 8b Failure to Label Chemical Containers Appropriately Cited on May 16, 2018 Cited on August 30, 2018 NON -CRITICAL ITEMS 9b Food Not Protected from Contamination (Improper Thawing) Cited on August 30, 2018 Cited on September 28, 2018 Cited on October 17, 2018 Cited on November 5, 2018 Cited on December 5, 2018 lla Refrigeration Unit Not Provided With Accurate Thermometer Cited on August 30, 2018 14a Improper Design/Nlaintenance of Plumbing Cited on August 30, 2018 Cited on September 28, 2018 Cited on October 17, 2018 Cited on November 5, 2018 Cited on December 5, 2018 14c Failure to Maintain Floors, Walls, Ceilings Cited on April 13, 2018 Cited on November 5, 2018 14e Grease Cooking with Ventilation Hood Filters Missing Cited on April 13, 2018 Cited on May 16, 2018 May 18, 2018 June 19, 2018 July 17, 2018 October 2, 2018 October 18, 2018 November 6, 2018 April 13, 2018 May 16, 2018 sMay 25, 2018 June 8, 2018 July 13, 2018 August 30, 2018 September 28, 2018 October 17, 2018 November 5, 2018 December 5, 2018 LETTERS ISSUED First Notification of Non -Compliance (3c, 14e) Second Notification of Non -Compliance (3c), Compliance Warning (14e) ' First Notice of Civil Penalty and Compliance Warning (3c) First Notification of Non -Compliance (1c, 2d, 2e, 2f, 9b, 14a) Second Notification of Non -Compliance (1c, 2e, 2f, 9b, 14a), Compliance Warning (2d) Second Notification of Non -Compliance (1c, 2e, 2f, 9b, 14a), Compliance Warning (2d) Second Notice of Civil Penalty and Compliance Review (1c, 2e, 2f, 9b, 14a), First Notification of Non -Compliance (7a, 7b) INSPECTIONS CONDUCTED Regular Inspection Follow -Up Inspection Targeted Training/Check-in Follow -Up Inspection Follow -Up Inspection Regular Inspection Follow -Up Inspection Follow -Up Inspection Follow -Up Inspection Follow -Up Inspection Conducted by C Lenton and K Bevel Conducted by C Lenton Conducted by C Lenton Conducted by C Lenton Conducted by C Lenton Conducted by C Lenton and C Vogt Conducted by C Lenton Conducted by C Lenton Conducted by D Joseph and K Bevel Conducted by L Chang and R Kuhnel 1/3/2019 Date: January 7, 2019 Hearing with Board of County Commissioners Statutory and Regulatory Foundation The Colorado Revised Statutes (CRS) (Part 16, Food Protection Act) require the Department to utilize the minimum standards and rules contained in the Colorado Retail Food Establishment Rules and Regulations to ensure the safety of food prepared, sold, or served in retail food establishments. Provisions are made for the following: • preparation, sale, and service of food food from an unsafe source M poor personal hygiene • wholesomeness of food and drink • equipment design and construction e sanitary maintenance of facility • improper temperature control 1 1/3/2019 Colorado Revised Statutes, Section 25-4-1609 to Section 25-4-1609 allows the Department and the Board of County Commissioners, after an investigation and hearing at which the licensee is afforded an opportunity to be heard, and after delivery of the required notice of hearing, to suspend or revoke a retail food establishment's license. The maximum length of suspension is 1 month. Colorado Revised Statutes, Section 25 4-1611 D. If no imminent public health hazard is present, when three civil penalties have been assessed against a licensee or other person operating a retail food establishment in any 12 -month period, the Department may initiate proceedings to suspend or revoke the license of the licensee pursuant to section 25-4-1609. 2 1/3/2019 The Effects of Foodborne Illness ► 48,000,000 or 1 in 6 Americans get sick each year ► 1 28,000 are hospitalized annually ► 3,000 people die each year from foodborne illness ► most foodborne illnesses last only a few days, but some cause long-term health problems, such as arthritis, organ damage, miscarriage of a pregnancy, among others Almanza's Mexican Food Summary Since April 201 8, the Department has conducted 2 regular inspections and 7 follow-up inspections, and the series of inspections, notices of violation, warnings, and civil penalties have been administrated according to 25-4-1611 CRS. ► Civil Penalties Issued July 1 7, 201 8- 3c (improper hot holding) November 6, 201 8- 1c (improper storage of raw meats), 2e (improper storage of employee drinks), 2f (unable to demonstrate knowledge), 9b (improper thawing), 14a (plumbing in disrepair) Dec 14, 2018-1c (improper storage of raw meats), 2f (unable to demonstrate knowledge), 9b (improper thawing), 14a (plumbing in disrepair) 3 1/3/2019 Almanza's Mexican Food Summary ID Letters Issued 3- 1" Notifications of Non -Compliance 2- 2nd Notifications of Non -Compliance 4- Compliance Warning Letters 3- Notices of Civil Penalty D. Additional Visits/Meetings Targeted Education - May 25, 201 8 Compliance Review - November 16, 2018 Inspections at a Glance Recent Regular Inspections December 5, 2018 November 5, 2018 October 17, 2018 September 28, 2018 August 30, 2018 July 13, 2018 June 8, 2018 May 25, 2018 May 16, 2018 April 13, 2018 December 20. 2017 November 20, 2017 June 9. 2017 May 15, 2017 March 31, 2017 March 24, 2017 February 8, 2017 November 2, 2016 October 5, 2016 September 12, 2016 February 5, 2016 January 18, 2016 Follow-up Inspection Follow-up Inspection Follow-up inspection Follow-up Inspection Marginal Follow-up Inspection Follow-up Inspection Targeted Training/Check-in Fo low -up Inspection Follow-up Inspection Marginal Follow-up Insp .ction Follow-up Inspection Closure Closure Follow-up Inspection Follow-up Inspection Follow-up Inspection Marge) 4 1/3/2019 Inspection History of Almanza's Mexican Food ► Since April 201 8, two regular inspections and seven follow-up inspections have been performed during which 66 violations have been cited. ► Of the 66 violations cited, 52 were critical violations (79%). Of those critical violations, 30 were food borne illness risk factor violations (58%). ► An average of 6.6 violations per inspection (regular and follow- up) have been cited at this facility. The average number of violations cited for all licensed retail food facilities is 2.2 for regular and follow-up inspections combined. ► For the last 4 follow-up inspections that average goes up to 9.5. 5 1/3/2019 Cross Contamination Improper Storage DA2 November 5, 2018 Improper Thawing of Potentially Hazardous Foods Boxes of raw meat thawing in dry storage area December 5, 2018 6 1/3/2019 Cross contamination (raw animal food storage over ready -to- eat foods) Inadequate Consumer Advisory Hands not washed as required* Improper hygienic practices* Improper storage of employee personal drink Inability to demonstrate food safety knowledge Improper cooling of potentially hazardous foods e Control 'foodhornej €fines isk f ct r vft la ion 7 1/3/2019 Summary of Other Critical Violations (continued) improper reheating, improperhot holding.* improper cold holdingn Food thermometer not available Hand sinks inaccessibieu Evidence of pests Toxic items improperly stored Toxic items improperly labeled „enters. rs for Disease ControlCQntrol foodhorne illness. risk factor violation Summary of Compliance Review November 16, 201 8 A compliance review was held with Tomas Alamilla (owner) to discuss the continuing violations at the facility. The following corrective actions and ideas were discussed: food safety training for all employees implementation of self -inspection forms or self -inspection smart phone app use of a third -party consultant for assessment of food safety practices converting walk-in freezer to refrigerator to help with thawing having staff perform daily checks ensuring that new staff are properly trained before working on their own 8 1/3/2019 Before and After Compliance Review ► 1 c- Raw over ready ► 1 f- Improper consumer advisory ► 2c- Improper hand washing ► 2d- Improper hygienic practices D 2f- Unable to demonstrate knowledge 3b- Improper reheating ► 9b- Improper thawing ► 14a- Plumbing not maintained November 5, 2018 ► 1 c- Raw over ready lf- Improper consumer advisory ► 2c- Improper hand washing 2d- Improper hygienic practices ► 2f- Unable to demonstrate knowledge ► 3b- Improper reheating ► 9b- Improper thawing 14a- Plumbing not maintained December 5, 2018 Summary Due to continued non-compliance with the regulations, and the potential impact on the public's health, the Department recommends the following: Suspension of the facility's retail food license until a food safety consultant has been obtained and training held for staff, and until current management attends accredited class to become a certified food protection manager. Facility contracts with an approved food safety consultant to conduct at least 1 inspection while food service operations are occurring. Allow use of the one thousand dollar ($1,000.00) civil penalty to defray costs of achieving compliance. Performance of two inspections by the Department following any license suspension with the objective being no repeat critical violations and substantial compliance with the Regulations, otherwise. That the health department have the option to again bring this matter before the Board should the facility be unable to gain ubstantial compliance with the Regulations. 9 Hello