HomeMy WebLinkAbout20163583.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING COLORADO RETAIL FOOD
ESTABLISHMENT LICENSE ENFORCEMENT ACTION HELD IN ABEYANCE -
MARISCOS Y TACOS EL TAPATIO
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, Mariscos y Tacos el Tapatio, located at 1012 37th Street, Evans, Colorado
80620, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations,
and
WHEREAS, on September 26, 2016, 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 Mariscos y Tacos el Tapatio, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
moved to issue a suspension of the license to be held in abeyance, and ordered that the $1,000.00
civil penalty be used to offset the cost of the contracted third -party consultant providing formal
food safety training to the entire facility staff, with follow-up inspections and with the understanding
that Health staff may bring this matter back before the Board if repeat critical violations are
observed or should the facility fail to remain in substantial compliance, with a status hearing to be
set for November 28, 2016, and
WHEREAS, on November 28, 2016, the Board heard all the testimony of those present
and deemed it advisable to dismiss the enforcement action.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the enforcement action concerning the Colorado Retail Food License
issued to Mariscos y Tacos el Tapatio, located at 1012 37th Street, Evans, Colorado 80620, be,
and hereby is, dismissed.
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2016-3583
HL0048
RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - MARISCOS Y TACOS EL
TAPATI O
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: detti,„ CG xid4 e1
Weld County Clerk to the Board
BYA-c,. a
uty Clerk to the Board
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ounty orney
Date of signature: t o / 01$/
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Mike Freeman, Chair
Sean P. Conway, Pro-Tern�y
teve Moreno
2016-3583
HL0048
Memorandum
TO: Stephanie Frederick
FROM: Dan Joseph
SUBJECT: Mariscos y Tacos El Tapatio
DATE: November 28, 2016
CC: Cindy Salazar; Debra Adamson
On September 26, 2016, the Board of County Commissioners (BOCC) set the following
conditions for Mariscos y Tacos El Tapatio:
• Short term suspension of the retail food license was held in abeyance while consultant
was utilized to assess the facility and its practices and deliver formal food safety training
to the entire staff
• Require that one of the employees become a certified food protection manager so that if
the owners aren't on site, there's an employee who can take over
• Assessment one thousand dollar civil penalty which was held in abeyance pending
achievement of the boards conditions
• 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
The objectives were to be completed by November 28, 2016, at which time the Department
would provide an update to BOCC as to the facility's status.
The facility has complied with all the outlined conditions. In the two inspections we have seen
only one critical violation per inspection (observed 19 in previous two regular inspections). In
addition ownership did hire a consultant as required and the consultant visited on multiple
occasions. Finally the staff member who will be responsible for food safety while ownership is
not present has taken the management training class.
At this time the Department is recommending for dismissal of enforcement action against
Mariscos y Tacos El Tapatio.
Thank you.
Dan Joseph
2016-3583
Memorandum
TO: Board of County Commissioners
From: Dan Joseph
DATE: September 26, 2016
SUBJECT: Mariscos y Tacos el Tapatio
Mariscos y Tacos el Tapatio, located at 1012 37th Street in Evans, Colorado and owned by El
Jalisciense Inc., 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 to come into compliance that are afforded to them in the Colorado
Revised Statutes, 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 illnesses of patrons dining at the
establishment.
For these reasons, the Department recommends the following:
• Short term suspension of the retail food license while a consultant is utilized to assess the
facility and its practices and deliver formal food safety training to the entire staff
• Require that one of the employees become a certified food protection manager so that if
the owners aren't on site, there's an employee who can take over
• Allowance of use of the one thousand dollar 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 September 26, 2016, the Department would request the ability to bring the matter before the
Board once again.
Background Summary of Enforcement
Mariscos y Tacos El Tapatio
1012 37th Street
Evans, Colorado 80620
June 1, 2015
June 29, 2015
July 9, 2015
August 11, 2015
August 18, 2015
November 16, 2015
November 20, 2015
December 22, 2015
December 28, 2015
A regular inspection was conducted in which violations lc (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
A follow-up inspection was conducted in which violations lc (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
A First Notification of Non -Compliance was issued for violations
1 c (raw animal foods stored over ready -to -eat foods) and 3a
(improper cooling of potentially hazardous foods) and sent via
regular mail.
A follow-up inspection was conducted in which violations 1 c (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were not cited.
A Compliance Warning was issued for violations 1 c (raw animal
foods stored over ready -to -eat foods) and 3a (improper cooling of
potentially hazardous foods) and was sent via regular mail.
A regular inspection was conducted in which violations 1 c (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
A Second Notification of Non -Compliance was issued for
violations 1 c (raw animal foods stored over ready -to -eat foods) and
3a (improper cooling of potentially hazardous foods) was sent via
regular mail.
A follow-up inspection was conducted in which violations lc (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were not cited.
A Notice of Civil Penalty ($250) and a Compliance Warning was
issued for violations 1 c (raw animal foods stored over ready -to -eat
foods) and 3a (improper cooling of potentially hazardous foods)
and sent via regular mail.
April 29, 2016
June 2, 2016
June 20, 2016
June 22, 2016
August 29, 2016
A regular inspection was conducted in which violations lc (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
A compliance review meeting was held with the Weld County
Department of Public Health and Environment. A summary was
provided at the conclusion of the meeting.
A follow-up inspection was conducted in which violations 1 c (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were not cited.
A Compliance Warning was issued for violations lc (raw animal
foods stored over ready -to -eat foods) and 3a (improper cooling of
potentially hazardous foods) and was sent via regular mail.
A regular inspection was conducted in which violations 1 c (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
September 9, 2016
Certified Letter No.: 7011 2970 0002 2027 8851
El Jalisciense Inc.
1012 37th Street
Evans, Colorado 80620
RE: Mariscos y Tacos El Tapatio, 1012 37th Street, Evans, Colorado
NOTIFICATION OF HEARING
THIRD NOTICE OF CIVIL PENALTY
RETAIL FOOD ESTABLISHMENT NON -COMPLIANT
Dear El Jalisciense Inc.:
You, El Jalisciense Inc., licensee of Mariscos y Tacos El Tapatio located at 1012 37th Street
in Evans, Colorado, are scheduled to appear before a public meeting of the Weld County
Board of Commissioners for a retail food license suspension/revocation hearing on
September 26, 2016, at 9:00 a.m. The hearing will be held at the Weld County
Administration Building, located at 1150 O Street, Greeley, Colorado, during the regular
Board meeting. Please come prepared to discuss the ongoing non-compliance issues at your
facility as well as all measures that you have taken to resolve these issues.
The Weld County Department of Public Health and Environment has determined that Mariscos y
Tacos El Tapatio has been found in violation of the provisions of Part 16, Title 25, Article 4 of
the Colorado Revised Statutes (C.R.S.) and the Colorado Retail Food Establishment Rules and
Regulations.
You, as licensee, have been granted a hearing under the provisions of Section 24-4-105, C.R.S.
You have been notified of the items lc (raw animal foods stored over ready -to -eat foods) and 3a
(improper cooling of potentially hazardous foods) of such violation in writing, have been given
an opportunity to comply and you remain in violation.
June 1, 2015
Health Administration
Vital Records
Tele: 970-304-6410
Fax: 970-304-6412
Public Health &
Clinical Services
Tele: 970-304-6420
Fax: 970-304-6416
Background Summary:
A regular inspection was conducted in which violations lc (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
Environmental Health
Services
Tele: 970-304-6415
Fax: 970-304-6411
Communication,
Education & Planning
Tele: 970-304-6470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-304-6452
9
Publicikelth
Mariscos y Tacos El Tapatir,
September 9, 2016
Page 2
June 29, 2015
July 9, 2015
August 11, 2015
August 18, 2015
November 16, 2015
November 20, 2015
December 22, 2015
December 28, 2015
April 29, 2016
June 2, 2016
June 20, 2016
A follow-up inspection was conducted in which violations lc (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
A First Notification of Non -Compliance was issued for violations
lc (raw animal foods stored over ready -to -eat foods) and 3a
(improper cooling of potentially hazardous foods) and sent via
regular mail.
A follow-up inspection was conducted in which violations 1 c (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were not cited.
A Compliance Warning was issued for violations 1 c (raw animal
foods stored over ready -to -eat foods) and 3a (improper cooling of
potentially hazardous foods) and was sent via regular mail.
A regular inspection was conducted in which violations 1 c (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
A Second Notification of Non -Compliance was issued for
violations 1 c (raw animal foods stored over ready -to -eat foods) and
3a (improper cooling of potentially hazardous foods) was sent via
regular mail.
A follow-up inspection was conducted in which violations lc (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were not cited.
A Notice of Civil Penalty ($250) and a Compliance Warning was
issued for violations 1 c (raw animal foods stored over ready -to -eat
foods) and 3a (improper cooling of potentially hazardous foods)
and sent via regular mail.
A regular inspection was conducted in which violations 1 c (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
A compliance review meeting was held with the Weld County
Department of Public Health and Environment. A summary was
provided at the conclusion of the meeting.
A follow-up inspection was conducted in which violations 1 c (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were not cited.
Mariscos y Tacos El Tapatirm
September 9, 2016
Page 3
June 22, 2016
n
A Compliance Warning was issued for violations lc (raw animal
foods stored over ready -to -eat foods) and 3a (improper cooling of
potentially hazardous foods) and was sent via regular mail.
August 29, 2016 A regular inspection was conducted in which violations 1 c (raw
animal foods stored over ready -to -eat foods) and 3a (improper
cooling of potentially hazardous foods) were cited.
Pursuant to the above information and as provided in Section 25-4-1611(1), C.R.S., you are
hereby ordered to pay the civil penalty in the full amount of $1,000.00 (one thousand
dollars). Please be prepared to make payment of this civil penalty at the hearing on
September 26, 2016. Checks must be made payable to Weld County Department of Public
Health and Environment (WCDPHE).
The Board will be requested to authorize legal action to enjoin the operation of your
establishment unless and until you are in compliance with the Colorado Retail Food
Establishment Rules and Regulations.
If you need assistance in complying with this Notification of Hearing Third Civil Penalty or if
there is additional information you feel we need to be aware of, please contact us at (970) 304-
6415. If payment has been made or you feel you have received this letter in error, please contact
us so that we may update our records.
Sincerely,
Dan Joseph
Food Program Coordinator
Environmental Health Services
Debra Adamson, MPH
Consumer Protection Manager
Environmental Health Services
cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services
Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health and
Environment
Bruce Barker, Weld County Attorney
Frank Haug, Assistant Weld County Attorney
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Mariscos y Tacos El Tapatio
History of Violations June 2015 to August 2016
SUMMARY
Since June 1, 2015, the Department has performed 8 inspections where 49 violations
(critical and noncritical) were cited for an average of 6.13 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 49 violations cited, 42 were critical violations (86%). Of those critical violations,
27 were foodborne illness risk factor violations (64%).
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.
1 b Unwholesome, Free From Spoilage
Cited on June 29, 2015
Cited on April 29, 2016
lc Cross -contamination- Raw Animal Foods Stored Over Ready -to -eat Foods
Cited on June 1, 2015
Cited on June 29, 2015
Cited on November 16, 2015
Cited on April 29, 2016
Cited on August 29, 2016
2c Hands Not Washed as Needed
Cited on June 29, 2015
Cited on August 29, 2016
2d Improper Hygienic Practices
Cited on June 29. 2015 (x2)
Cited on November 16, 2015
Cited on April 29, 2016
Cited on August 29, 2016 (x3)
2e Improper Storage of Personal Drink
Cited on April 29, 2016
2f Unable to Demonstrate Food Safety Knowledge Through Compliance with Regulations
Cited on June 29, 2015
Cited on April 29, 2016
Cited on August 29, 2016
2g Bare Hand Contact with Ready -to -eat Foods
Cited on August 29, 2016
3a Improper Cooling of Potentially Hazardous Foods
Cited on June 1, 2015
Cited on June 29, 2015
Cited on November 16, 2015
Cited on April 29, 2016
Cited on August 29, 2016
3c Improper Hot Holding of Potentially Hazardous Foods
Cited on June 1, 2015
3e Improper Cold Holding of Potentially Hazardous Foods
Cited on June 1, 2015 (x2)
Cited on April 29, 2016
4a Improper Chemical Used in Sanitization (scented bleach)
Cited on June 1, 2015
Cited on June 20, 2016
Cited on August 29, 2016
5d Improper Sewage Disposal
Cited on June 29, 2015
6b Hand Sink Inaccessible
Cited on June 29, 2015
6c Missing Soap and Drying Devices
Cited on August 11, 2015
Cited on June 20, 2016
7a Evidence of Pest (cockroach)
Cited on August 29, 2016
7b Improper Installation of Pest Control Device
Cited on August 29, 2016
8b Chemical Spray Bottles Missing Label
Cited on November 16, 2015
8c Improper Chemical Concentration
Cited on June 29, 2015
Cited on April 29, 2016
8a Chemical Spray Bottles Improperly Stored
Cited on July 20, 2015
NON -CRITICAL ITEMS
11c Test Strips for Sanitizer Unavailable
Cited on August 29, 2016
12a Unclean Food Contact Surfaces
Cited on June 1, 2015
12d Improper Storage of Wiping Cloths
Cited on August 29, 2016
14a Plumbing Not Maintained
Cited on June 29, 2015
14c Floors, Walls and Ceilings Not Maintained
Cited on November 16, 2015
Cited on April 29, 2016
14d Shielding of Lights Not Provided
Cited on November 16, 2015
July 10, 2015
August 18, 2015
LETTERS ISSUED
A First Notification of Non -Compliance was issued for violations 1 c
(improper storage of raw animal foods) and 3a (improper cooling of
potentially hazardous foods).
A Compliance Warning was issued for violations 1 c (improper storage of
raw animal foods) and 3a (improper cooling of potentially hazardous
foods). The letter states that the violations must be maintained corrected
during the next regular inspection.
1 fl
November 24, 2015
December 28, 2015
May 17, 2016
June 22, 2016
June 1, 2015
June 29, 2015
August 11, 2015
November 16, 2015
December 22, 2015
April 29, 2016
June 20, 2016
August 29, 2016
A Second Notification of Non -Compliance was issued for violations 1 c
(improper storage of raw animal foods) and 3a (improper cooling of
potentially hazardous foods).
A Notice of Civil Penalty and Compliance Warning was issued for
violations 1 c (improper storage of raw animal foods) and 3a (improper
cooling of potentially hazardous foods). The letter states that the
violations must be maintained corrected during the next regular inspection.
A Second Notice of Civil Penalty and Notice of Compliance Review was
issued for violations 1 c (improper storage of raw animal foods) and 3a
(improper cooling of potentially hazardous foods).
A Compliance Warning was issued for violations 1 c (improper storage of
raw animal foods) and 3a (improper cooling of potentially hazardous
foods). The letter states that the violations must be maintained corrected
during the next regular inspection or an additional civil penalty would be
assessed and a license suspension/revocation hearing with the Board of
County Commissioners would scheduled.
INSPECTIONS CONDUCTED
Regular Inspection
Follow-up Inspection
Follow-up Inspection
Regular Inspection
Follow-up Inspection
Regular Inspection
Follow-up Inspection
Regular Inspection
Conducted by
Conducted by
Conducted by
Conducted by
Conducted by
Conducted by
Conducted by
Conducted by
D. Joseph
D. Joseph
D. Joseph and N. Trautner
D. Joseph
D. Joseph
D. Joseph and M. Taylor
M. Taylor and
K. Antuna and N. Trautner
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