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Home My WebLink About20182365.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - DENO'S 1-76 RESTAURANT AND LOUNGE 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, Deno's 1-76 Restaurant and Lounge, located at 245 Market Street, Keenesburg, Colorado 80643, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, on June 27, 2018, the Board was presented testimony relating to said violations at the facility licensed to Deno's 1-76 Restaurant and Lounge, at which time the Board deemed it advisable to continue said matter to July 9, 2018, to allow the operator time to contract with a food safety consultant, with the $1,000.00 civil penalty held in abeyance to help offset the cost of hiring a consultant and comply with the recommendations as listed by the Department of Public Health and Environment, and WHEREAS, a hearing before the Board was held on the 9th day of July, 2018, at which time the Board deemed it advisable to continue said matter to July 23, 2018, to allow Deno's 1-76 Restaurant and Lounge adequate time to allow management and staff to complete the accredited Food Safety training, allow one inspection to be completed by the Department of Public Health and Environment during the week of July 16, 2018, have the consultant submit a report to the Department of Public Health and Environment and have a full quorum of the Board present to consider the matter, and WHEREAS, on July 23, 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 critical 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 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. cc: H L C OJ f G V), Oer.o's , Cacr-Hi c) 2018-2365 HL0050 RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - DENO'S 1-76 RESTAURANT AND LOUNGE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of July, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dime/ft) C�.. �C,uo•� Weld County Clerk to the Board BY: o the Board Steve Moreno, Chair arbara Kirkmeyer, -ro-Tem Sean P. Conway APPCUSED County At orney Date of signature: ie A. Cozad Mike Freeman 2018-2365 HL0050 Memorandum TO: Board of County Commissioners FROM: Dan Joseph DATE: July 23, 2018 SUBJECT: Deno's 1-76 Restaurant & Lounge During the hearing before the Board of County Commissioners (BOCC) on July 9, 2018, the BOCC deferred Deno's I-76 Restaurant & Lounge enforcement proceedings to July 23, 2018, with the expectation that the following three items be completed during that time frame • All staff complete an onsite training with an approved food safety consultant ® Consultant complete one inspection, post training, to observe operations • Current management successfully completes an accredited class to become a certified food protection manager As of July 19, 2018, the following has been completed o Staff received onsite training from an approved food safety consultant Training was provided on July 16, 2018 • Three inspections have been completed by the food safety consultant with training provided at each inspection • Staff have conducted an inspection of the facility at which notable improvement was made There was still a cooling violation noted along with a minor cold holding violation • The Department has not received documentation that current management has obtained the certified food protection manager certification Based on this information the Department is recommending the following o The Department conduct one (1) additional inspection, with the objective being no repeat critical violations and substantial compliance with the Regulations otherwise O Require suspension of the retail food establishment license if the manager does not complete the certified food protection manager class by July 27, 2018 Should the establishment be unsuccessful in meeting the conditions imposed during the hearing on July 23, 2018, the Department would request the ability to bring the matter before the Board once again 2018-2365 4-Lm5D Memorandum TO: Board of County Commissioners FROM: Dan Joseph DATE: July 9, 2018 SUBJECT: Deno's I-76 Restaurant & Lounge Since the hearing before the Board of County Commissioners, on June 27, 2018, we have not heard anything from the owner or management of Deno's I-76 Restaurant & Lounge A food safety consultant did contact us for more information on the violations that we have noted during our inspections The consultant has apparently met with the owner of Deno's to discuss the situation and the consultant has sent them a contract (to perform the training and follow-up inspection), but has not received a signed contract or heard from anyone from Deno's since If Deno's has not met the following conditions, prior to July 9, 2018, the Department is recommending suspension of their license until they are met O All staff have completed onsite training with an approved food safety consultant O Consultant has completed one inspection, post training, to observe operations O Current management has successfully completed an accredited class to become a certified food protection manager The Department continues to recommend that the Board allow the use of the one thousand dollar ($1000 00) civil penalty to defray costs of achieving compliance As well, the Department will conduct two inspections 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 July 9, 2018, the Department would request the ability to bring the matter before the Board once again. Memorandum TO: Board of County Commissioners FROM: Dan Joseph DATE: June 27, 2018 SUBJECT: Deno's I-76 Restaurant & Lounge Deno's I-76 Restaurant & Lounge, located at 245 Market Street in Keenesburg, Colorado, and owned by Deno's I-76 Restaurant & Lounge LLC, has failed to maintain compliance with the Colorado Retail Food Establishment Rules and Regulations (Regulations) (see attached timeline and 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 m 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 • Have current management attend accredited class to become a certified food protection manager within two weeks of the hearing • Suspend the retail food license until such time that a consultant has been obtained and training held ® Allowance for use of the one thousand dollar ($1000 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 June 27, 2018, the Department would request the ability to bring the matter before the Board once again Deno's 1-76 Restaurant & Lounge History of Violations July 2017 to May 2018 SUMMARY Since July 28, 2017, the Department has performed 8 inspections where 48 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 48 violations cited, 38 were critical violations (79%). Of those critical violations, 27 were foodborne illness risk factor violations (71%). 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 July 28, 2017 Cited on August 17, 2017 Cited on May 29, 2018 lc Improper Storage of Raw Animal Foods Cited on July 28, 2017 Cited on August 17, 2017 2c Hands Not Washed As Needed Cited on July 28, 2017 Cited on August 17, 2017 Cited on December 29, 2017 Cited on May 29, 2018 2d Hygenic Practices (Improper Glove Use, Improper Use of 3 Compartment Sink and Use of a Common Towel) Cited on July 28, 2017 Cited on August 17, 2017 Cited on May 29, 2018 2e Improper Storage of Employee Drinks Cited on August 17, 2017 2f Demonstration of Knowledge Cited on July 28, 2017 Cited on August 17, 2017 Cited on March 12, 2018 Cited on May 29, 2018 3a Improper Cooling of Potentially Hazardous Foods Cited on July 28, 2017 Cited on August 17, 2017 Cited on December 29, 2017 Cited on January 24, 2018 Cited on March 12, 2018 3c Improper Hot Holding of Potentially Hazardous Foods Cited on August 17, 2017 3e Improper Cold Holding of Potentially Hazardous Foods Cited on July 28, 2017 Cited on August 17, 2017 Cited on December 29, 2017 Cited on January 24, 2018 Cited on March 12, 2018 Cited on May 29, 2018 3f Cooking of Thin Mass Food Without a Thin Mass Thermometer Cited on August 17, 2017 Cited on December 29, 2017 32 Inadequate Equipment to Maintain Food Temperatures Cited on March 12, 2018 4a Improper Manual Cleaning Cited on May 29, 2018 6b Hand Sink Not Assessible Cited on August 17, 2017 7a Evidence of Rodents Cited on August 17, 2017 Cited on May 29, 2018 7b Improper Pesticide Application Cited on May 29, 2018 NON -CRITICAL ITEMS 9b Food Not Protected from Contamination Cited on July 28, 2017 Cited on August 17, 2017 Cited on May 29, 2018 l0a Food Contact Surfaces Not Approved Cited on July 28, 2017 11a Refrigeration Unit Not Provided with Accurate Thermometer Cited on May 29, 2018 12a Food Contact Surfaces Unclean Cited on May 29, 2018 12d Low Chemical Level in Sanatnzer uckets Cited on May 29, 2018 14a Preparation Sink Not Available Cited on August 17, 2017 14c Failure to Maintain Floors Cited on August 17, 2017 14g Premises Not Maintained Cited on May 29, 2018 August 29, 2017 October 2, 2017 January 9, 2018 LETTERS ISSUED First Notice of Non -Compliance for violation lc (improper storage of raw animal foods), 2f (demonstration of knowledge), 3a (improper cooling of potentially hazardous foods) and 3e (improper cold holding of potentially hazardous foods) Compliance Warning for violation 1 c (improper storage of raw animal foods), 2f (demonstration of knowledge), 3a (improper cooling of potentially hazardous foods) and 3e (improper cold holding of potentially hazardous foods) Second Notice of Non -Compliance for violation 3a (improper cooling of potentially hazardous foods) and 3e (improper cold holding of potentially hazardous foods) January 25, 2018 March 22, 2018 May 10, 2018 June 14, 2018 July 28, 2017 August 17, 2017 September 22, 2017 December 29, 2018 January 24, 2018 March 12, 2018 May 2, 2018 May 29, 2018 First Notice of Civil Penalty for violation 3a (improper cooling of potentially hazardous foods) and 3e (improper cold holding of potentially hazardous foods) Second Notice of Civil Penalty for violation 3a (improper cooling of potentially hazardous foods) and 3e (improper cold holding of potentially hazardous foods) Compliance Warning for violation 3a (improper cooling of potentially hazardous foods) and 3e (improper cold holding of potentially hazardous foods) Third Notice of Civil Penalty for violation 3e (improper cold holding of potentially hazardous foods) INSPECTIONS CONDUCTE I Regular Inspection Follow-up Inspection Follow-up Inspection Regular Inspection Follow-up Inspection Follow-up Inspection Follow-up Inspection Regular Inspection Conducted by D Conducted by C Conducted by D Conducted by L Conducted by L Conducted by L Conducted by L Conducted by L Joseph Lenton and K Bevel Joseph Chang Chang and K Bevel Chang and R Kuhnel Chang and K Bevel Chang and C Lenton Deno's I 76 Restaurant and Lounge Date: June 27, 2018 Hearing with Board of County Commissioners Statutory and Regulatory Fou ndation 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 Colorado Revised Statutes, Section 2.5-4-1609 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. Colorado Revised Statutes, Section? 5 -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 12 -month period, the Department may initiate proceedings to suspend or revoke the license of the licensee pursuant to section 25-4-1609. The Effects of Food borne 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 Deno's Summary Since July 2017, the Department has conducted 3 regular inspections and 5 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 January 25, 2018- 3a (improper cooling) and 3e (improper cold holding) March 22, 2018- 3a (improper cooling) and 3e (improper cold holding) June 14, 2018- 3e (improper cold holding) Deno's Summary Letters Issued (#'s issued) 1st Notifications of Non -Compliance (1) 2nd Notifications of Non -Compliance (1) Compliance Warning Letters (2) Notice of Civil Penalty and Compliance Warning (3) ► Additional Visits/Meetings Compliance Review - April 5, 201 8 Targeted Education - April 2, 201 8 (3a and 3e) Targeted Education- May 24, 201 8 (3e) i nspections at a Glance Establishment: [)ENO' S 1-76 RESTAURANT & LOUNGE - 245 MARKET KEENESBURG, CO 80643 Recent Regular inspections Mdy 23, 2018 May 24, 2018 May 2, 2018 April 2— March 12, 2018 January 24, 2018 December 29, 2017 September 22, 2017 August 17, 2017 July 28, 2017 Targeted Training/Check-in Follow-up Inspection Targeted Training/Check-in Follow-up Inspection Follow-up Inspection Fair Follow-up Inspection Follow-up Inspection Inspection History of Deno's Sincejuly 2017, three regular inspections and five follow up inspections have been performed during which 48 violations have been cited. Of the 48 violations cited, 38 were critical violations (79%). Of those critical violations, 27 were foodborne illness risk factor violations (71%). 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 2.2 for regular and follow up inspections combined. Improper Cold Holding of Potentially Hazardous Foods ► July 29, 201 7 ► August 17, 201 7 ► December 29, 201 7 January 24, 201 8 • March 12, 2018 May 29, 2018 May 29 2018- 58.9° F i i i mproper Co d Holding of Potentially Hazardous Foods May 24, 2018 - 45.7° F June 12, 2018- 52.8° F Improper Cooling of Potentially Hazardous Foods July 28, 201 7 August 17, 201 7 December 29, 201 7 ► .January 24, 2018 ► March 12, 201 8 ► May 29, 2018 April 2, 2018 59.5° F Summary of Other Critica i Vio i ations Unwholesome food Cross contamination (raw animal food storage over ready -to -eat foods)* 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* * Centers for Disease Control foodborne illness risk factor violation Summary of Other-Critica (continued) i Vio i Improper hot holding Improper cold holding* Inadequate equipment to maintain temperature Cooking without a thin mass thermometer Inadequate manual sanitizing No hot water at hand sink Handsink$::H.H Evidence of pests Improper pesticide application ations Centers for Disease Control foodborne illness risk factor violation Summary of Compliance Review April 5, 201 $ A compliance review was held with Lawrence (Lorenzo) Garcia (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 ensuring food is not overstocked in preparation coolers having staff perform daily checks to ensure temperature is maintained at 41 degrees and below using several methods of cooling instead of just one aintaining temperature logs 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 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. Suspend the retail food license until such time that a consultant has been obtained and training held. 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. 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. Hello