HomeMy WebLinkAbout20182441.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE - TAQUERIA LA SIERRA
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, Taqueria La Sierra, located at 720 Denver Avenue, Fort Lupton, Colorado
80621, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations,
and
WHEREAS, on June 11, 2018, the Board of County Commissioners moved to issue a
suspension of the license, and ordered that the $250.00 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, and
WHEREAS, on July 9, 2018, a public hearing was held before the Board of County
Commissioners for the purpose of hearing testimony relating to said on -going violations at the
facility licensed to Taqueria La Sierra, at which time the Board deemed it advisable to issue a
15 -day suspension of the Colorado Retail Food Establishment License issued to Taqueria La
Sierra and continue said matter to July 30, 2018, and 1) hire a qualified manger to control for food
safety, 2) a food safety consultant be contracted to perform an on -site inspection, 3) no cooling
may occur at the facility until Health Department approval, 4) a professional pest control company
is hired to control for pests noted during inspections, 5) food processes are limited until such time
that the facility demonstrates substantial compliance with the regulations (example: cooking meat
on the spit), 6) substantial compliance with the regulations is maintained during the next two
regular inspections, and 7) the Health Department maintains ability to bring matter back to the
Board if above conditions are not met, and
WHEREAS, on July 30, 2018, after hearing testimony from all present concerning ongoing
violations, the Board deems it advisable to revoke said license based on the violations
documented by the Department of Public Health and Environment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Colorado Retail Food License issued to Taqueria La Sierra, located at
720 Denver Avenue, Fort Lupton, Colorado 80621, be, and hereby is, revoked.
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2018-2441
HL0050
RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - TAQUERIA LA SIERRA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of July, A.D., 2018.
ATTEST: ditAtA) to:&k.
Weld County Clerk to the Board
BY:
Deputy Clerk to the •J
APPROVED AS TO FO
Asst. County Attorney
Date of signature: 48-o?g'fil
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Ste Moreno, Chair
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(111RA9,--a1Z2--
Mike Freeman
2018-2441
H L0050
Memorandum
TO: Board of County Commissioners
FROM: Gabn Vergara
DATE: July 30, 2018
SUBJECT: Taquena La Sierra
Taquena La Sierra, located at 720 Denver Avenue in Fort Lupton, Colorado, and owned by
Taquena La Sierra LLC, has failed to meet all the conditions set forth during the July 9, 2018
hearing before the Weld County Board of Commissioners
The facility has had three visits by a pest control management company since our last inspection,
and there is no evidence of roaches, at this time, as well there is no evidence that that they are
cooling foods (since the facility reopened on July 25, 2018) The facility has also hired a
qualified manager, but this individual is not able to start work until mid -August The facility,
however, has failed to arrange for an inspection by a food safety consultant during normal
operations
An inspection by Weld County Department of Public Health and Environment (Department)
inspection staff was conducted on July 26, 2018 (as allowed by statute, Taquena La Sierra re-
opened on July 25, 2018), and significant improvement has been made since the last inspection
on July 2, 2018 There were, however, still three critical violations (employee drink stored above
single -service articles, improper cold holding, and improper ware washing)
Given that the facility has yet to meet all conditions set forth by the BOCC at the June 11, 2018
and July 9, 2018 hearings, it is the Department's recommendation that the facility's retail food
establishment license be revoked
If the Board chooses to allow the facility to retain its license, we recommend the following
conditions
o Qualified manager is on board by August 15, 2018
® A food safety consultant is hired to conduct an operational inspection within one week of
Manager's start date (by August 22, 2018)
• No cooling may occur at the facility until Department approval
® Continuation of pest control management, as needed
a Food processes are limited until such time that the facility demonstrates substantial
compliance with the regulations (example cooking meat on the spit)
o Temperature logs for hot and cold holding are maintained
a Obtain food safety training for any new employees that will have food handling
responsibilities
® Substantial compliance with the regulations is maintained during the next regular
inspection, which will be conducted by the Department no later than August 30, 2018
® The Department maintains ability to bring this matter back to the board if the above
conditions are not met
2018-2441
Memorandum
TO: Board of County Commissioners
FROM: Dan Joseph
DATE: July 9, 2018
SUBJECT: Taqueria La Sierra
Taquena La Sierra, located at 720 Denver Avenue in Fort Lupton, Colorado, and owned by
Taquena La Sierra LLC, has failed to maintain compliance with conditions set forth during a
hearing before the Weld County Board of Commissioners, on June 11, 2018 The facility has
failed to maintain substantial compliance with the Colorado Retail Food Establishment Rules
and Regulations and has not had the consultant conduct an onsite inspection, following the onsite
training
In addition, since approving the facility to reopen on June 26, 2018, Weld County Department of
Public Health and Environment (Department) inspection staff has made two visits (one regular
inspection and one check -in inspection) at which multiple critical violations were noted
For these reasons, the Department recommends one of the following options
1. Revocation of the Retail Food Establishment License for Taquena La Sierra, or
2. A suspension of 3 days with the following conditions to reopen
o A qualified manager be hired to control for food safety
o A food safety consultant be contracted to perform an onsite inspection
o No cooling may occur at the facility until Department approval
o A professional pest control company is hired to control for pests noted
during inspections
o Food processes are limited until such time that the facility demonstrates
substantial compliance with the regulations (example cooking meat on the
spit)
o Substantial compliance with the regulations is maintained during next two
regular inspections
o The Department maintains ability to bring matter back to the board if
above conditions are not met
7/5/2018
Date: duly 9, 2018
Hearing with Board of
County Commissioners
Summary Since June 11, 2018
► June 1 1 , 201 8 - Board votes to suspend retail
food license with conditions recommended by
the Health Department.
June 1 1 , 201 8 - The Department traveled to
establishment location to post closure sign
and found facility in operation. Staff working
onsite unaware that the facility has been
closed.
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7/5/2018
Summary of Conditions Set
Contract with an approved food safety consultant to provide on onsite
training for all staff and to conduct at least 1 inspection while food
service operations are occurring.
Have current management attend accredited class to become a certified
food protection manager within two weeks of the hearing.
Limitation of food service operations at the restaurant: no cooling of
potentially hazardous foods until such time that the facility can
demonstrate substantial compliance.
Suspend the retail food license until such time that a consultant has
been obtained and training held.
Allowance for use of the two hundred fifty dollar ($250.00) 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 substantial
compliance with the Regulations.
Summary Since June 11, 201 8
dune 1 1 , 2018 to June 26, 2018 - Department
made multiple visits to ensure closure.
dune 26, 201 8 - Consultant provides onsite
training to all staff. Department agrees to
opening as class for Certified Food Protection
Manager had been scheduled (29th).
2
7/5/2018
Summary Since June 11, 201 8
• dune 28, 2018 - Department conducted check -in
visit. The visit revealed a number of violations:
Cooling of potentially hazardous foods (prohibited from
being performed).
Hand sinks inaccessible.
Improper hot holding of potentially hazardous foods.
Improper cold holding of potentially hazardous foods.
Improper cooking of large portion of meat that would
need to be cooled later.
During the visit it was explicitly stated that no
cooling of potentially hazardous foods may
occur. Also discussed need to have consultant
come back for an inspection while facility is in
operation (ownership had not contacted
consultant as ofjuly 2, 2018).
June 28, 2018 Check -In
Pans of food that had
been cooled.
Cooking of 30-40 lbs of
meat.
June 29, 2018- Department visited the facility and found that meat
from the meat spit had been cooled.
7/5/2018
Summary Since June 1 1, 2018
July 2, 2018 - Department conducted regular
inspection. Found multiple violations:
Roaches present in facility.
Improper cooling.
Inadequate sanitizer.
Not washing hands and changing gloves after handling
raw food items.
Unapproved bait traps in use.
During inspection owner was questioned about
class that was to be attended on June 29, 2018.
Owner stated it was just a meeting to determine
when to take the class.
Improper cooling July 2, 201$
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7/5/2018
Improper pest control
7/5/2018
Colorado Revised Statutes,
Section 25-4-161 1
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 1 2 -month period, the
Department may initiate proceedings to suspend or
revoke the license of the licensee pursuant to
section 25-4-1609.
•
Colorado Revised Statutes,
Section 25-4-1609
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.
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7/5/2018
Inspection History of Taqueria La Sierra
Since March 201 7, three regular inspections and seven
follow-up inspections have been performed during which 61
violations have been cited. Of the 61 violations cited, 55
were critical violations (90%). Of those critical violations, 28
were foodborne illness risk factor violations (51%).
An average of 6.1 violations per inspection (regular and
follow-up) have been cited at this facility.
In the two inspections since re -opening (check -in and
regular), the Department would have cited 10 critical and 4
non -critical violations. Average of 7 violations per
inspection.
Summary
For these reasons, the Department recommends one of
the following options:
1) Revocation of the Retail Food Establishment License
for Taqueria La Sierra, or
2) A suspension of 3 days with the following conditions
to reopen:
A qualified manager be hired to control for food safety.
A food safety consultant be contracted to perform an onsite
inspection.
No cooling may occur at the facility until Department approval.
A professional pest control company is hired to control for
pests noted during inspections.
Food processes are limited until such time that the facility
demonstrates substantial compliance with the regulations
(example: cooking meat on the spit).
Substantial compliance with the regulations is maintained
during next two regular inspections.
The Department maintains ability to bring matter back to the
board if above conditions are not met.
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