The URL can be used to link to this page

Browse Search

Home My WebLink About20183355.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - SAPPORO JAPANESE STEAKHOUSE 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, Sapporo Japanese Steakhouse, located at 2077 Greeley Mall, Greeley, Colorado 80631, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, on October 15, 2018, the Board was presented testimony relating to said violations at the facility licensed to Sapporo Japanese Steakhouse, at which time the Board deemed it advisable to continue said matter to October 22, 2018, to allow the operator time to utilize the service of a third-party consultant to provide formal food safety training to the entire facility staff, to hire an on-site food safety manager, and the consultant will complete a full inspection of the restaurant and develop a plan. WHEREAS, on October 22, 2018, after hearing testimony from all present, the Board of County Commissioners deemed it advisable to dismiss the violation conditional upon the Department of Public Health and Environment conducting one (1) additional inspection, with the objective being no repeat violations and substantial compliance with the Regulations, 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 that the matter be, and hereby is dismissed, conditional upon the Department of Public Health and Environment conducting one (1) additional inspection, with the objective being no repeat critical violations and substantial compliance with Regulations, with the understanding that Health staff may bring this matter before the Board if repeat critical violations are observed or should the facility fail to remain in substantial compliance. 2018-3355 cc: HL.cO3/ Gv) HL0050 RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - SAPPORO JAPANESE STEAKHOUSE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of October, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datAtis, C.1 /,) � Ste e Moreno, Chair Weld County Clerk to the Board n arbara Kirkmeyer, ro-Tem BY Q ��2 -• Q uty Clerk to the Board 4, La Sean P. Conway APP ED AS T ,2/; et, 1 (� t86', . ie A. Cozad ounty Attorney Mike 1 -4-47 an O _ Mike Freeman Date of signature: 11-1I-k- 2018-3355 HL0050 Memorandum TO: Board of County Commissioners FROM: Dan Joseph COUNTY DATE: October 15, 2018 SUBJECT: Sapporo Japanese Steakhouse Sapporo Japanese Steakhouse, located at 2077 Greeley Mall in Greeley, Colorado, and owned by Sapporoco Inc., 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: • 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. • Suspend the retail food license until such time that a consultant has been obtained and training held, and until such time that current management attend an accredited class to become a certified food protection manager. • 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 on October 15, 2018, the Department would request the ability to bring the matter before the Board once again. 2018-3355 }ALOO5O 10121 Sapporo Japanese Steakhouse History of Violations November 2017 to September 2018 SUMMARY Since November 2 , 2017, the Department has performed 9 inspections where 54 violations (critical and noncritical) were cited for an average of 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 54 violations cited, 47 were critical violations (87 % ). Of those critical violations, 29 were foodborne illness risk factor violations (62 %). CRITICAL ITEMS Critical items are related directly to foodborne illness. Foodborne illness risk factors are identified by the Centers for Disease Control as most commonly contributing to foodborne illness. lb Wholesome, Free of Spoilage Cited on May 17 , 2018 lc Cross Contamination - Raw Animal Foods Stored Over Ready-to-eat Foods Cited on November 2 , 2017 Cited on May 17, 2018 Cited on August 1 , 2018 Cited on September 14 , 2018 2c Hands Not Washed as Needed Cited on November 2 , 2017 Cited on November 30, 2017 Cited on May 17, 2018 Cited on September 14 , 2018 2d Improper Hygienic Practices Cited on November 2 , 2017 Cited on November 30, 2017 Cited on January 23 , 2018 Cited on May 17, 2018 Cited on July 10 , 2018 2e Improper Employee Drink Storage, Eating Cited on November 2 , 2017 Cited on November 30, 2017 Cited on January 02 , 2018 Cited on May 17 , 2018 2f Unable to Demonstrate Food Safety Knowledge Cited on November 2 , 2017 Cited on May 17, 2018 3a Improper Rapidly Cooling to 41 ° F of Potentially Hazardous Foods Cited on November 2, 2017 Cited on July 10, 2018 3c Improper Hot Holding of Potentially Hazardous Foods Cited on July 10 , 2018 Cited on August 1 , 2018 Cited on September 14, 2018 3e Improper Cold Holding of Potentially Hazardous Foods Cited on November 2 , 2017 Cited on January 23 , 2018 Cited on May 17, 2018 Cited on July 10 , 2018 Cited on August 1 , 2018 Cited on September 14 , 2018 3f No Food Thermometer Available Cited on May 17 , 2018 5b Hot and Cold Water Not Under Pressure Cited on November 2 , 2017 Cited on November 30, 2017 Cited on January 02, 2018 6b Hand Sink Not Accessible Cited on November 2 , 2017 Cited on May 17, 2018 Cited on September 14, 2018 6c Soap and Hand Drying Devices Not Available Cited on November 2 , 2017 Cited on November 30, 2017 7a Evidence of Pests Cited on September 14, 2018 7b Improper Pesticide Application Cited on November 2 , 2017 8a Chemicals Improperly Stored Cited on November 2 , 2017 Cited on January 02 , 2018 Cited on January 23 , 2018 8b Chemicals Not Labeled Cited on November 2, 2017 Cited on May 17, 2018 NON-CRITICAL ITEMS 9b Food Not Protected from Contamination Cited on August 1, 2018 l0a Improper Construction of Food-Contact Surfaces Cited on August 1, 2018 l0b Improper Design/Construction of Non-food Contact Surfaces Cited on November 2, 2017 Cited on May 17, 2018 11c Chemical Test Kits Not Accessible Cited on November 2, 2017 12d Improper Wiping Cloth Use and Storage Cited on May 17, 2018 13a Improper Utensil Storage Cited on May 17, 2018 LETTERS ISSUED December 6, 2017 A First Notification of Violation was issued for violations *2c (improper hand washing before donning gloves), *2d (improper use of hand sink), *2e (improper drink storage), *5b (no cold water available) and *6c (lack of paper towels at hand sink) and was delivered via regular mail January 8, 2018 A Second Notification of Violation was issued for violation *2e (improper drink storage), *5b (no cold water available) and was delivered via regular mail January 8, 2018 A Compliance Warning was issued for for violations *2c (improper hand washing before donning gloves), *2d (improper use of hand sink) and *6c (lack of paper towels at hand sink) The Compliance Warning stated that the violations must be maintained corrected at the next regular inspection or a Second Notification of Violation would be issued January 24, 2018 A First Notification of Violation was issued for violation *8a(improper chemical storage) and was delivered via regular mail January 24, 2018 A Notice of Civil Penalty in the amount of$250 00 and Compliance Warning was issued for violations *2e (improper drink storage) and*5b (no cold water available) The Compliance Warning stated that the violations must be maintained corrected at the next regular inspection or a Second Notification of Civil Penalty would be issued February 20, 2018 A Compliance Warning was issued for violation *8a(improper chemical storage) The Compliance Warning stated that the violation must be maintained corrected at the next regular inspection or a Second Notification of Violation would be issued May 21, 2018 A Second Notification of Violation was issued for violations *2c (improper hand washing before donning gloves) and *2d (improper use of hand sink) and was delivered via regular mail May 21, 2018 A Second Notice of Civil Penalty in the amount of$250 00 and Notice of Compliance Review was issued for violation *2e (improper drink storage) and was delivered via regular mail August 7, 2018 A First Notification of Violation was issued for violation *3c (improper hot holding of potentially hazardous foods) August 7, 2018 A Second Notification of Violation was issued for violation *3e (improper cold holding of potentially hazardous foods) August 7, 2018 A Failure to Pay Civil Penalty Assessment in the amount of$250 00 was issued and was delivered via regular mail INSPECTIONS CONDUCTED November 2, 2017 Regular Inspection Conducted by C Vogt and D Joseph November 30, 2017 Follow-up Inspection Conducted by C Vogt January 02, 2018 Follow-up Inspection Conducted by C Vogt January 23, 2018 Follow-up Inspection Conducted by C Vogt and K Antuna February 07, 2018 Targeted Training Conducted by C Vogt February 15, 2018 Follow-up Inspection Conducted by C Vogt and K Antuna May 17, 2018 Regular Inspection Conducted by C Vogt and K Antuna July 10, 2018 Follow-up Inspection Conducted by C Lenton and R Kuhnel August 1, 2018 Follow-up Inspection Conducted by C Vogt and K Bevel September 14, 2018 Follow-up Inspection Conducted by D Joseph and L Chang ADDITIONAL ENFORCEMENT ACTIVITY June 13, 2018 Compliance Review Conducted by G Vergara and D Joseph August 30, 2018 Compliance Agreement Conducted by G Vergara and D Joseph 10, 10, 201 . Sapporo Japanese Steakhouse Date : October 1 5 , 2018 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 poor personal hygiene • wholesomeness of food and drink • equipment design and construction • sanitary maintenance of facility improper temperature control 1 10/ 10/ 2018 Colorado devised Statutes , Section Z 5 - 4 - 1 609 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 - 1 6 1 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 12 - month period , the Department may initiate proceedings to suspend or revoke the license of the licensee pursuant to section 25 - 4 - 1609 . 10/ 10/ 2018 The Effects of Foodborne Illness 48 , 000 , 000 or 1 in 6 Americans get sick each year ► 128 , 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 Sapporo Japanese Steakhouse Summary Since March 201 7 , the Department has conducted 3 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 . D. Civil Penalties Issued January 24 , 201 8 - 2e ( storage of employee drinks ) and 5b ( hand sink without water) May 21 , 2018 - 2e ( storage of employee drinks ) July 1 7 , 201 8 - 2c ( improper hand washing ) and 2d ( hygienic practices ) - held in abeyance September 1 7 , 2018 - 3e ( improper cold holding ) z, f [. 3 10/ 10/ 2018 Sapporo Japanese Steakhouse Summary Letters Issued 4 - 1St Notifications of Non - Compliance 3 - 2nd Notifications of Non - Compliance 3 - Compliance Warning Letters 4 - Notices of Civil Penalty Additional Visits / Meetings Targeted Education - February 7 , 201 8 Compliance Review - June 13 , 2018 Compliance Agreement - August 30 , 201 8 Inspections at a Glance Establishment: SAPPORO JAPANESE STEAKHOUSE - 2077 GREELEY MALL GREELEY, CO 80631 Recent Regular Inspections Leptember 14.141$ Follow-up Inspection gust 1 , 2018 Follow-up Inspection My 10 2018 Follow-up Inspection May 17, 2018 February 15, 2018 Follow-up Inspection Februaryl, 2018 Targeted Training/Check-in January, 2018 Follow-up Inspection )anuary_2, 2018 Follow-tip Inspection November 30, 2017 Follow-up Inspection November 2, 2017 4 10/ 10/ 2018 n action History of Sapporo Japanese Steakhouse Since November 201 7 , two regular inspections and seven follow - up inspections have been performed during which 54 violations have been cited . Of the 54 violations cited , 47 were critical violations ( 87%) . Of those critical violations , 29 were foodborne illness risk factor violations ( 62 %) . An average of 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 z. for regular and follow- up inspections combined. 1 BL ^ \fir: Improper Cold Holdingof PotentiallyHazardous Foods x? November 2 , 201 7 .4. � january 23 , 2 01 8 74, �� M ay 1 7 , 2 01 8 ... _„ jui y lo , 2018 .,c 0Ir moms ► August L2018 ► September 14 , 201 8 1 r sal 4 _9 A Eggs found at 75 degrees 5 10/ 10/ 2018 Improper Cold Holdingof Potentially Hazardous Foods iii. ..,, ra---. --, . _ „ . , . . . ,. . 4.. . . „, • .:.... z _, _ . _.,._ ., 111:13/41113/444%3/43/41.,_ CIE w ('e„ y, ,l b . k_ . ii . Sept 14 , 2018 - 55 F Aug 1 , 2018 - 81 ' F Cross Contamination - Improper Storage ...... i,.. ,„„ a . .. / _ „.,;, k.. L. S. i • ., , -.- Al •.( a 1 i -.. - - • i �• -t-_ f2 \ tr aTt V , is ` • _ .. i • i y 1111 `114f_ . , i I _ , r- V.} l s_:b s gib , ,. 1 1- 4 I. .4. ,„ 0 May 17 , 2018 Septl4 , 2018 6 10/ 10/ 2018 in Inaccessible H n 4 U ,, . i .4 _ -r ti . ' - I L� \ A . . : A. 4. Y c • teP, .' I gal% en 1-1,,T. _ _ . 43/411.44 i AVt / 4 ), i - AN. _, *IL- 1) d i , ,, /� - .4,,,,t" ,, , , , (II _. Faiiiir- i „. t = _ 44 : ,. May 17 , 2018 Sept 13 , 20 i 8 of Other Critical Summary V iolations Unwholesome food - • Cross contamination dra* ariiniafloodstora • a _QV ,, ready-, to-- eat foods)* *1: Hands not washed as. .required ! P!9P! r h ieniP9 .hygienic Improper storage of employee personal drink r Inability to .k„.food e improper cooling of potentially hazardous foods* f * Centers for Disease Control foodborne illness risk factor violation ,,: ervirr - 1 ,c: _ 7 10/ 10/ 2018 Summary of Other Critical Violations (continued ) Improper hot holding Improper cold holding* No cold water at hand sink Soap . • • hand drying devices not available at hand sinks * 49 - essible Evidence of pests Toxic items improperly stored Toxic items improperly labeled Centers for Disease Control foodborne illness risk factor violation .4„ t asia.. SummaryComplianceof Review June 1 3 , 201 8 A compliance review was held with Poly Sim ( manager) and Edison Wong ( partner) 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 u se of a third - party consultant for assessment of food safety practices u se of multiple methods for appropriate drink storage having staff perform daily checks e nsuring that new staff are properly trained before working on their own 8 10/ 10/ 2018 ComplianceAgreement ► On August 30 , 201 8 , after an inspection conducted on August 1 , 201 8 , the Department decided to enter into a compliance agreement with the facility , as a violation that would have resulted in a 3rd civil penalty was limited in nature and scope . pfr The agreement contained steps that the facility would need to complete in order to avoid a hearing with the BOCC . V _ i :r IC1 ' r Agreement , ant . am � � nc � 5 conditions were part of the agreement : ► During hours of operation , Sapporoco Inc . will provide a dedicated certified food protection manager to oversee the implementation of food safety controls during the preparation and service of food at Sapporo Japanese Steakhouse . Not Met ► All staff shall receive food safety training by a food safety consultant . Documentation of the training shall be provided to the Department by 5 : 00 PM on September 1 3 , 2018 . Not Met After training of staff has occurred , the facility shall maintain a contract with the same food safety consultant to provide 2 onsite inspections while the facility is in operation . These inspections shall be completed by September 28 , 2018 . Not Met 9 10/ 10/ 2018 Compliance ACont . Sapporo Japanese Steakhouse agreed to provide additional control measures for the cold and hot holding of potentially hazardous foods , by September 13 , 2018 . Additional control measures can include : temperature logs , equipment such as Coldfest pans , time as a control , etc . Not Met D. Sapporo Japanese Steakhouse agreed to undergo two full inspections by the Department sometime within the 4 (four) weeks following the training provided by the food safety consultant , with the understanding that the facility remain in substantial compliance with the Colorado Retail Food Establishment Rules and Regulations. Not Met - Not in substantial compliance during September 1 3 , 2018 inspection Summary Due to continued non - compliance with the regulations , and the potential impact on the public ' s health , the Department recommends the following : Contract with an approved food safety consultant to provide onsite training for all staff and to conduct at least 1 inspection while food service operations are occurring . Suspension of the retail food license until a consultant has been obtained and training held , and until current management attends accredited class to become a certified food protection manager . Allow use of the one thousand dollar ( S1 , 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 substantial compliance with the Regulations . 10 Hello