HomeMy WebLinkAbout20153396.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL
FOOD ESTABLISHMENT LICENSE - FULLMOON SALOON, LLC
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, Fullmoon Saloon, LLC, located at 206 Main Street, Pierce, Colorado, is
allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and
WHEREAS, on October 21, 2015, 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 Fullmoon Saloon, LLC, and
WHEREAS, after hearing testimony from all present, the Board of County Commissioners
moved to issue a suspension of the license with direction that the facility shall remain closed until
such time that the food safety consultant arrives on-site and provides training to staff (with
emphasis on violations noted previously and to help the facility in developing a priority list for
equipment purchases), and
WHEREAS, the Board directs that there be a change in leadership or the hiring of a
manager with food safety experience, along with more direct involvement of the owners, and
WHEREAS, the Board directs that the $1,000.00 civil penalty be deferred to be used for
training, hiring of the consultant, cold holding equipment or other equipment the kitchen may need,
and
WHEREAS, the Board further instructed staff to conduct follow-up inspections, 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 Fullmoon Saloon, LLC, located
at 206 Main Street, Pierce, Colorado, be, and hereby is, suspended with direction that the facility
shall remain closed until such time that the food safety consultant arrives on-site and provides
training to staff (with emphasis on violations noted previously and to help the facility in developing
a priority list for equipment purchases).
BE IT FURTHER RESOLVED by the Board that a change in leadership or the hiring of a
manager with food safety experience, along with more direct involvement of the owners should
take place, and
2015-3396
G C _A 11113 H L0047
RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - FULLMOON SALOON, LLC
PAGE 2
BE IT FUTHER RESOLVED by the Board that the $1,000.00 civil penalty be deferred
and used for training, hiring of the consultant, cold holding equipment or other equipment the
kitchen may need, and
BE IT FURTHER RESOLVED by the Board that Health staff is instructed to make
additional 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. The above and foregoing
resolution was, on motion duly made and seconded, adopted by the following vote on the 21st
day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELQ COUNTY, COLORA O
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Date of signature:
2015-3396
HL0047
1861
Memorandum
TO: Board of County Commissioners
GOUNWELT,
Y._ r From: Dan Joseph
DATE: October 21, 2015
SUBJECT: Fullmoon Saloon
Fullmoon Saloon, located at 206 Main Street in Pierce, Colorado, and owned by Fullmoon
Saloon LLC, has failed to maintain compliance with the Colorado Retail Food Establishment
Rules and Regulations (see attached timeline and background summary). The Weld County
Department of Public Health and Environment (Department) has given the facility all
opportunities available within the Colorado Revised Statutes to come into compliance.
While the establishment has been assessed three civil penalties within a 12-month period, the
Department and ownership of the facility entered into a compliance agreement on July 20, 2015,
in an attempt resolve the issues without suspension of the facility's retail food establishment
license. Among the conditions included in the compliance agreement were those of having no
repeat violations during two additional inspections to be performed by the Department and
remaining in substantial compliance with the Regulations otherwise. While the establishment
met other conditions of the agreement, it was not successful in meeting these specific
requirements.
For these reasons, the Department recommends the following:
• a short-term suspension of the retail food establishment license held by Fullmoon Saloon
• continued utilization of the services of a third party consultant to provide onsite training
with the focus being the violations noted during the last two regular inspections
• a change in leadership or the hiring of a manager with food safety experience along with
more direct involvement of the owners
• performance of two inspections following any license suspension with the objective
being no repeat critical violations and substantial compliance with the Regulations
otherwise
• collection of the assessed one thousand dollar civil penalty that was previously deferred.
Should the establishment be unsuccessful in meeting the conditions imposed during the hearing
before the Board on October 21, 2015, the Department would request the ability to bring the
matter before the Board once again.
2015-3396
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
i -- 1555 North 17th Avenue
r 1 Greeley, CO 80631
Public Health
www.weldhealth.org
Health Administration Public Health 8 Environmental Health Communication, Emergency Preparedness
Vital Records Clinical Services Services Education L Planning 8 Response
Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6420
Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6469
Our vision:Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work,and play.
Compliance Agreement
Retail Food Establishment Name: Fullmoon Saloon
Owner: Fullmoon Saloon, LLC
Address: 206 Main Street, Pierce, Colorado
Date: July 20, 2015
•
The Weld County Department of Public Health and Environment (the "Department")
agrees to (1) Refrain from scheduling a hearing before the Weld County Board of County
Commissioners to request suspension/revocation of the food license issued to Fullmoon Saloon,
LLC ("Fullmoon Saloon") and; (2) refrain from collecting the one thousand dollar($1,000.00)
civil penalty assessed on June 29, 2015, against Fullmoon Saloon, provided that Fullmoon
Saloon meets the Conditions and Expectations set forth below. The Conditions and Expectations
are required in order to establish active managerial control over the issues that remain to be
resolved.
I. Conditions and Expectations
1. Fullmoon Saloon must provide consistent, dedicated management for the establishment
during all hours of operation. Two managers, Traci Ford and Scott Russell, have been
hired in the last several months with the intent of providing active managerial control for
the facility and to bring conditions back into compliance. An organizational chart shall
be created and posted by July 24, 2015.
2. Fullmoon Saloon agrees to purchase equipment such as ColdFest Pans to assist in
maintaining appropriately cold temperatures of potentially hazardous foods.
Additionally, they will purchase some more efficient thermometers such as those called
"Sure Temp"to assure that refrigeration units are monitored more efficiently. Additional
equipment shall be obtained by July 24, 2015.
3. Fullmoon Saloon must obtain the assistance of a third-party food safety consultant for
assessment of the physical facility and onsite training of the staff. General Manager,
Gary Souther, has contacted Jeannine Riess and Janice Brown and is awaiting a contract
for signature prior to setting a date for the training. Evidence of having obtained training
from an approved third-party consultant shall be provided to the Department by 5:00 PM
on Friday, July 24, 2015.
4. Refrigeration logs that include all refrigeration units and a new column on the log for
"corrective actions taken"must be provided weekly to the Department by fax or email.
They will be due each Monday by 5:00 PM beginning July 27 and continuing through
August 24. Additionally, the Department will loan Fullmoon Saloon a data logger for use
to assist in diagnosing refrigeration problems.
5. Fullmoon Saloon agrees to undergo two full inspections within the 4 (four) weeks
following completion of the training and assessment by the hired third-party consultant.
6. Fullmoon Saloon must maintain substantial compliance with the Colorado Retail Food
Establishment Rules and Regulations.
II. Non-Waiver of Governmental Immunity
No term or condition of this Compliance Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits,protections or other provisions, of
the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of
the date set forth below. By signing this Compliance Agreement, the Owners of Fullmoon
Saloon, LLC, acknowledge they have reviewed and understand the provisions and expectations
of this Compliance Agreement. The Owners and also understand and acknowledge that failure to
comply with this Compliance Agreement will result the in scheduling of a public hearing with
the Weld County Board of County Commissioners for license suspension/revocation proceedings
and the collection of the $1,000.00 civil penalty previously imposed.
Owner Date
Owner Date
Owner Date
Weld County Department of Public Health& Environment Representative Date
Background Summary of Enforcement
Fullmoon Saloon
206 Main Street
Pierce, Colorado 80650
November 12, 2013 A regular inspection was conducted in which violation 3e (improper cold
holding of potentially hazardous food) was cited.
December 17, 2013 A follow-up inspection was conducted in which violation 3e (improper
cold holding of potentially hazardous food) was cited.
January 6, 2014 A First Notification of Non-Compliance was issued for violation 3e
(improper cold holding of potentially hazardous food) and sent via regular
mail.
January 21, 2014 A follow-up inspection was conducted in which violation 3e (improper
cold holding of potentially hazardous foods) was not cited.
January 23, 2014 A Compliance Warning was issued for violation 3e (improper cold
holding of potentially hazardous food); it noted that the violation must
remain corrected through the next regular inspection and was sent via
regular mail.
May 5, 2014 A regular inspection was conducted in which violation 3e (improper cold
holding of potentially hazardous food) was cited.
June 3, 2014 A follow-up inspection was conducted in which violation 3e (improper
cold holding of potentially hazardous food) was cited.
June 13, 2014 A Second Notification of Non-Compliance was issued for violation 3e
(improper cold holding of potentially hazardous food) and sent via regular
mail.
July 15, 2014 A follow-up inspection was conducted in which violation 3e (improper
cold holding of potentially hazardous food) was cited.
August 15, 2014 A Notice of Civil Penalty and Compliance Review was issued for
violation 3e (improper cold holding of potentially hazardous food) and
sent via regular mail.
September 4, 2014 A compliance review meeting was held with the Weld County
Department of Public Health and Environment.
September 19, 2014 A Formalization of Compliance Review Meeting summary was
issued and mailed via standard mail.
October 23, 2014 A follow-up inspection was conducted in which violation 3e
(improper cold holding of potentially hazardous food) was not
cited.
October 27, 2014 A Compliance Warning was issued for violation 3e (improper cold
holding of potentially hazardous food); it noted that the violation
must remain corrected through the next regular inspection and was
sent via regular mail.
April 17, 2015 A regular inspection was conducted in which violation 3e
(improper cold holding of potentially hazardous food) was cited.
May 20, 2015 A Notice of Civil Penalty was issued for violation 3e (improper
cold holding of potentially hazardous food) and sent via regular
mail.
June 8, 2015 A follow-up inspection was conducted in which violation 3e
(improper cold holding of potentially hazardous food) was cited.
June 29, 2015 A Third Notice of Civil Penalty and Notice of Hearing for
violation 3e (improper cold holding of potentially hazardous food)
was sent via certified mail.
July 20, 2015 Ownership of facility and the Department enter into a Compliance
Agreement in lieu of holding a hearing before the Board of County
Commissioners.
August 27, 2015 First regular inspection after Compliance Agreement was
conducted. Violation 3e (improper cold holding of potentially
hazardous food) was cited.
September 24, 2015 Second regular inspection after Compliance Agreement was
conducted. Violation 3e (improper cold holding of potentially
hazardous food) was not cited; however, 8 other critical violations
were noted.
Fullmoon Saloon
History of Violations November 2013 until October 2015
SUMMARY
Since November 12, 2013, the Department has performed 13 inspections where 51
violations (critical and noncritical) were cited for an average of 3.92 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 51 violations cited, 47 were critical violations (92%). Of those critical violations, 32
were foodborne illness risk factor violations (68%).
CRITICAL ITEMS
Foodborne illness risk factors are identified by the Centers for Disease Control as most
commonly contributing to foodborne illness.
lb Food Not Wholesome and Free of Spoilage (moldy food)
Cited on June 3, 2014
lc Cross Contamination (raw animal foods stored above ready-to-eat foods)
Cited on January 21, 2014
Cited on June 3, 2014
Cited on June 8, 2015
Cited on August 27, 2015
if Consumer Advisory Missing or Inadequate
Cited on May 5, 2014
Cited April 17, 2015
2c Improper Hand Washing
Cited on November 12, 2013
Cited on July 15, 2014
Cited on October 23, 2014
Cited on April 17, 2015
Cited on September 24, 2015 (x2)
2d Improper Hygienic Practices
Cited on November 12, 2013
Cited on September 24, 2015 (x3)
2e Improper Storage of Employee Drinks
Cited on June 3, 2014
Cited on April 17, 2015
2f Unable to Demonstrate Food Safety Practices
Cited on April 17, 2015
Cited on September 24, 2015
2g Bare Hand Contact with Ready-to-Eat Foods
Cited on November 12, 2013
Cited on May 5, 2014
Cited on July 15, 2014
Cited on September 24, 2015
3a Improper Cooling of Potentially Hazardous Foods
Cited on June 8, 2015
3e Improper Cold Holding of Potentially Hazardous Foods
Cited on November 12, 2013
Cited on December 17, 2013
Cited on May 5, 2014
Cited on June 3, 2014
Cited on July 15, 2014
Cited on April 17, 2015
Cited on June 8, 2015
Cited on August 27, 2015 (x2)
3f No Thin Mass Probe Thermometer Available
Cited on November 12, 2013
Cited on December 17, 2013
Cited on January 21, 2014
3g Inadequate Equipment to Maintain Food Temperature
Cited on June 3, 2014
4a Improper Sanitizing of Food Contact Surface (insufficient length of time)
Cited on April 17, 2015
Cited on September 24, 2015
w
5b No Hot Water at Hand Sink
Cited on May 5, 2014
6b Hand Sink Inaccessible
Cited on April 17, 2015
6c No Soap or Paper Towels at Hand Sink
Cited on May 5, 2014
8b Unlabeled Chemical Spray Bottles
Cited on April 17, 2015
Cited on June 8, 2015
Non-Critical Violations
9b Improper Thawing of Potentially Hazardous Food
Cited on May 5, 2014
Cited on August 27, 2015
14c Ceiling in Disrepair(leaking water during rain storm)
Cited on April 17, 2015
14g Improper Maintenance of Facility
Cited on May 5, 2014
LETTERS ISSUED
January 6, 2014 First Notification of Non-Compliance for violations 3e (improper cold
holding of potentially hazardous foods).
January 23, 2014 Compliance Warning for 3e (improper cold holding of potentially
hazardous foods).
June 13, 2014 Second Notification of Non-Compliance for 3e (improper cold holding of
potentially hazardous foods).
July 28, 2014 Notice of Civil Penalty ($500.00) and Notice of Compliance Review
Meeting for violation 3e (improper cold holding of potentially hazardous
foods).
September 19, 2014 Compliance Review Summary.
October 27, 2014 Compliance Warning for 3e (improper cold holding of potentially
hazardous foods).
May 20, 2015 Second Notice of Civil Penalty for violation 3e (improper cold holding of
potentially hazardous foods).
June 29, 2015 Third Notice of Civil Penalty and Notice of Hearing for violation 3e
(improper cold holding of potentially hazardous foods).
October 5, 2015 Notification of Hearing Retail Food Establishment Non-Compliant.
INSPECTIONS CONDUCTED
November 12, 2013 Regular Inspection Conducted by J. Taloumis
December 17, 2013 Follow-Up Inspection Conducted by J. Taloumis
January 21, 2014 Follow-Up Inspection Conducted by J. Taloumis
February 10, 2014 Follow-Up Inspection Conducted by J. Taloumis
May 5, 2014 Regular Inspection Conducted by J. Taloumis
June 3, 2014 Follow-Up Inspection Conducted by J. Taloumis
July 15, 2014 Follow-Up Inspection Conducted by J. Taloumis and K. Antuna
October 23, 2014 Follow-Up Inspection Conducted by D. Joseph and M. Taylor
November 6, 2014 Follow-Up Inspection Conducted by M. Taylor
April 16, 2015 Regular Inspection Conducted by D. Joseph and R. Scanlan
June 8, 2015 Follow-Up Inspection Conducted by M. Taylor and R. Scanlan
August 27, 2015 Regular Inspection Conducted by D. Joseph and R. Scanlan
September 24, 2015 Regular Inspection Conducted by D. Joseph and N. Trautner
.,j DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
r
' " P 1 1555 North 17th Avenue
lr Greeley, CO 80631 C D Public Health
Prevent.Promote.Pror ect.
www.weldhealth.org
Health Administration Public Health& Environmental Communication, Emergency Preparedness
Vital Records Clinical Services Health Services Education&Planning &Response
Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6420
Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6469
Our vision Together with the communities we serve,we are working to make Weld County the healthiest place to live,learn,work,and play.
October 5, 2015
Certified Letter No.: 7011 2970 0002 2027 7656
Fullmoon Saloon LLC
206 Main Street
Pierce, Colorado 80650
RE: Fullmoon Saloon, 206 Main Street, Pierce, Colorado
NOTIFICATION OF HEARING
RETAIL FOOD ESTABLISHMENT NON-COMPLIANT
Dear Fullmoon Saloon LLC:
You, Fullmoon Saloon LLC, licensee of Fullmoon Saloon located at 206 Main Street in Pierce, 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 October 21, 2015, 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 Fullmoon Saloon located
at 206 Main Street in Pierce, Colorado, 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 item 3e (improper cold holding of potentially hazardous foods) in writing, have been given an
opportunity to comply and you remain in violation.
Background Summary:
November 12, 2013 A regular inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
December 17, 2013 A follow-up inspection was conducted in which violations 3e (improper cold holding of
potentially hazardous food) was cited.
January 6, 2014 A First Notification of Non-Compliance was issued for violations 3e (improper cold
holding of potentially hazardous food) and sent via regular mail.
A
Certified Letter No.: 7011 2970 0002 2027 7656
Fullmoon Saloon
October 5, 2015
Page 2
January 21, 2014 A follow-up inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous foods) was not cited.
January 23, 2014 A Compliance Warning was issued for violation 3e (improper cold holding of potentially
hazardous food) and sent via regular mail.
May 5, 2014 A regular inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
June 3, 2014 A follow-up inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
June 13, 2014 A Second Notification of Non-Compliance was issued for violation 3e (improper cold
holding of potentially hazardous food) and sent via regular mail.
July 15, 2014 A follow-up inspection was conducted in which violation 3e (improper cold holding of
potentially hazardous food) was cited.
August 15, 2014 A Notice of Civil Penalty and Compliance Review was issued for violation 3e (improper
cold holding of potentially hazardous food) and sent via regular mail.
September 4, 2014 A compliance review meeting was held with the Weld County Department of
Public Health and Environment.
September 19, 2014 A Formalization of Compliance Review Meeting summary was issued and mailed
via standard mail
October 23, 2014 A follow-up inspection was conducted in which violation 3e (improper cold
holding of potentially hazardous food) was not cited.
October 27, 2014 A Compliance Warning was issued for violation 3e (improper cold holding of
potentially hazardous food).
April 17, 2015 A regular inspection was conducted in which violation 3e (improper cold holding
of potentially hazardous food) was cited.
May 20, 2015 A Notice of Civil Penalty was issued for violation 3e(improper cold holding of
potentially hazardous food)and sent via regular mail.
June 8, 2015 A follow-up inspection was conducted in which violation 3e(improper cold
holding of potentially hazardous food) was cited.
June 29, 2015 A Notice of Civil Penalty and Notification of Hearing letter was issued for
violation 3e (improper cold holding of potentially hazardous food)and was sent
via regular mail.
July 13, 2015 the department goes before the Board of County Commissioners to request
extension of hearing due to clerical error on Notice of Civil Penalty and
Notification of Hearing letter.
Certified Letter No.: 7011 2970 0002 2027 7656
Fullmoon Saloon
October 5, 2015
Page 3
July 16, 2015 Department staff met with Gary Souther to discuss ongoing issues at the facility.
During the meeting the possibility of entering into a compliance agreement was
discussed and a draft was created for Mr. Souther to return to ownership of
Fullmoon Saloon.
July 20, 2015 Ownership of Fullmoon Saloon enters into a compliance agreement. The
agreement requires the facility to perform the following: 1) The facility will
provide dedicated management during all hours of operation; 2)Purchase
additional equipment to help ensure potentially hazardous foods maintain correct
temperature; 3) A third party food safety consultant will be hired to perform an
onsite assessment of the facility and train staff on food safety practices; 4)
Refrigeration logs will be submitted to the Department on a weekly basis; 5) Two
additional regular inspections will be conducted in which there shall be no cold
holding violations and the facility must maintain substantial compliance with the
regulations.
July 25, 2015 Applied Food Safety Sciences LLC (AFSS-LLC) conducts initial audit of
Fullmoon Saloon and provides food safety training to 15 employees.
August 4, 2015 Applied Food Safety Sciences LLC (AFSS-LLC) conducts follow-up inspection
focusing on issues noted during the initial audit. Majority of items noted during
first audit found corrected.
August 27, 2015 A regular inspection was conducted in which violation 3e (improper cold holding
of potentially hazardous foods) is cited. Due to the nature of the violations
(smaller scale) and the improvement shown at the facility the Department decided
to conduct second regular inspection prior to determination of fulfilment of the
compliance agreement.
September 24, 2015 A regular inspection was conducted in which violation 3e (improper cold holding
of potentially hazardous foods) was not cited; however 8 critical violations were
cited.
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 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 Kevin Antuna
Food Program Coordinator Environmental Health Specialist
Environmental Health Services Environmental Health Services
cc: Trevor Jiricek, M.A.E.S., Director, Environmental Health Services
Debra Adamson, MPH, Consumer Protection Manager, Environmental Health Services
Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health and Environment
Bruce Barker, Weld County Attorney
10/19/2015
Fullmoon Saloon
Date: October 21 , 201 5
Hearing with Board of
County Commissioners
Statutory and Regulatory
Foundation
► The Colorado Revised Statutes (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
• Wholesomeness of food and drink
• Equipment design and construction
• Sanitary maintenance of facility
• Source and protection of food and water
• Disposal of liquid and solid wastes
• Other
1
10/19/2015
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 6
months.
If no imminent public health hazard is present, then before a
hearing can be held, the series of civil penalties must have been
assessed as described in Section 25-4-1611.
Colorado Revised Statutes,
Section 25 -4- 1611
► A maximum of three civil penalties may be assessed
against a licensee or other person operating a retail
food establishment in any twelve-month period. If a
third civil penalty is assessed, then the Department may
initiate proceedings to suspend or revoke the license of
the licensee pursuant to section 25-4-1609.
2
10/19/2015
The Effects of Foodborne Illness
► 48,000,000 or 1 in 6 Americans get sick each year
► 128,000 are hospitalized annually
► Most foodborne illnesses last only a few days but
some cause long-term health problems such as
arthritis, organ damage or miscarriage of a
pregnancy, among others
► 3,000 people die each year from foodborne illness
Progression of Compliance and Enforcement Actions
Fullmoon Saloon
► Since November 2013, the Department has conducted 5 regular
inspections and 8 follow-up inspections and the series of inspections,
notices of violation,warnings and civil penalties have been
administrated according to C.R.S. 25-4-1611 (2014)
► Of the 51 violations cited during the inspections, 47 were critical
violations(92%). Of those critical violations, 32 were food borne illness
risk factor violations(68%).
An average of 3.92 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.
3
10/ 19/2015
Progression of Compliance and Enforcement Actions
Fullmoon Saloon - Continued
Civil penalties have been assessed as follows :
August 1 5 , 2014 (Improper cold holding of potentially hazardous foods)
May 20 , 201 5 (Improper cold holding of potentially hazardous foods)
June 29 , 201 5 (Improper cold holding of potentially hazardous foods and
improper handwashing)
Enforcement letters issued :
First Notices of Violation- 2
Second Notices of Violation- 2
Compliance Warnings-4
Notices of Civil Penalty-3
Notices of Compliance Review-2
1111111 .
Violations
C � il Penalty
Improper Cold Holding of Potentially
Hazardous Foods
November 12 , 2013
December 17 , 2013
May 5 , 2014
June 3 , 2014
July 153 2014
April 1 7 , 201 5
June 8 , 2015
Isb
August 27 , 2015
9
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4
10/ 19/2015
Violations ResuIa •
Improper Cold Holding of Potentially `
Hazardous Food
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Unwholesome food
Cross contamination ( raw animal food storage ova
ready - to - eat foods ) * ,.
Improper hand washingic (contributed to civil
penalty assessed on June 29 , 20 1 5 )
Improper hygienic practices 'c
Improper storage of employee personal drink
Inability to demonstrate food safety knowledge
-; Centers for Disease Control foodborne illness risk factor
violation
6
1O/ 19/2O15
Summary of Otic, - - Lriftw .
io atiois
Touching ready- to - eat foods with bare ha _ "°
Improper cooling of potentially hazardous fopcisw-
No thin mass food probe thermometer
Inadequate exposure to sanitizer at 3 -
compartment sink / Inadequate concentration of
sanitizer
Hand sink found inaccessible'
Soap and paper towels not available at hand sinks *
Unlabeled chemical spray bottles
tt Centers for Disease Control foodborne illness risk factor
violation Summary of Compliance Review
September 19 , 2014
► A compliance review was held with Tracy Matson ( kitchen
manager) and Tish Guenther ( general manager) in order 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
Active managerial control of the establishment
Purchase of additional equipment such as lids for pans to help
with temperature control
Use of food temperature logs as it relates to the cold holding
of potentially hazardous foods
7
10/ 19/2015
Creation of the Compliance Agreement
On July 16 , 201 5 , a discussion was held between Dan Joseph , Debra
Adamson and new manager, Gary Souther , regarding the upcoming
hearing , scheduled for July 20 , 201 5 .
The Department considered a request from ownership to allow them
to work under a compliance agreement . Managers present at the Fall
2014 compliance review no longer worked at the facility. Owners
and new manager had been unaware of the enforcement status .
On July 20 , 201 5 , a Compliance Agreement was reached between
the Department and Fullmoon Saloon ownership .
The scheduled hearing with the Board of County Commissioners was
dismissed with the ability to bring the matter back before the Board
if the conditions of the compliance agreement were not met .
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Compliance Agreement
The agreement included the following conditions :
Refrigeration logs would be submitted weekly .
A dedicated manager would be onsite at all times .
Additional cold holding equipment would be purchased
to ensure food remains at correct temperatures .
The facility would obtain training from a third - party
consultant .
The Department would conduct two additional regular
inspections with the following conditions :
• 1 ) The facility would not have any repeat improper cold
holding violations .
• 2 ) The facility would remain in substantial compliance with
the regulations .
8
10/ 19/2015
IflSpHectkJnS
Establishment: FULLMOON SALOON - 206 MAIN ST PIERCE CO 80650
Compliance Recent Regular Inspections
September 24, 2015
Agreement
August 27, 2015 C: fay Inspections
June8, 2015 F -410kkirea after
April 17, 2015 SUSS ; compliance
November 6, 2014 Follow-up Ins pecbon agreement
October 23. 2014 Fo*bw-op Ins oecbot i
July 15. 2014 Fouow-up lnspec&on
June 3. 2014 Fo@uw-+uo ins Vec t 4)1
May 5. 2014 calif
February 10, 2014 FOIO0W-up Inspection
January 21, 2014 Follow-on Inspection
December 17. 2013 0 -un inspection
November 12, 2013 fat
March 25. 2013 8: grid
The Inspection History
of
Fulimoon saloon
D. Three regular inspections conducted before
entering into compliance agreement .
During those inspections 18 critical violations noted
for an average of 6 violations per inspection .
The Department conducted two regular
inspections as part of the compliance
agreement .
During those inspections 11 critical violations were
cited for an average of 5 . 5 per inspection .
9
10/ 19/2015
Summary
Due to continued non - compliance with the regulations , and
the potential impact on the public ' s health , the Department
has the following recommendations :
■ Short term suspension ( 2 - 3 days) of the retail food license
el Change in leadership or hiring of a manager with food safety experience
along with more direct involvement of the owners
• Additional onsite visit from the food safety consultant focusing on
violations noted during the two most recent inspections
▪ Performance of two additional inspections with the objective being no
repeat critical violations and substantial compliance with the
Regulations otherwise
g Collection of $ 1 , 000 civil penalty that was previously deferred
A .. Hix CK'On
•
10
Stephanie Frederick
From: Deb Adamson
Sent: Wednesday, October 21, 2015 10:54 AM
To: Dan Joseph; Bruce Barker; Frank Haug
Cc: Stephanie Frederick; Esther Gesick
Subject: RE: Fullmoon Saloon
Regarding use of the $1,000, I didn't hear them specify it to mainly be used for new cold holding equipment. My notes
say"consultant, cold holding equipment, other equipment that the kitchen may need" but none of those yemed to
have priority over the others (as I heard it). O'9 7o'
n $611—C\ 4,1 Ck)
Debra Adamson, MPH, CP-FS
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Consumer Protection Manager, Environmental Health Services ► 1
Weld County Department of Public Health and Environment CVAA c\ 04/LSLY' c r cCvmiw
1555 North 17th Avenue, Greeley, Colorado 80631 ��`S\�S�rt0hS
Tel: 970.304.6415 x 2243 ����� •
Fax: 970.304.6411
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i
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this
communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or
the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Dan Joseph
Sent: Wednesday, October 21, 2015 10:51 AM
To: Bruce Barker; Frank Haug
Cc: Stephanie Frederick; Esther Gesick; Deb Adamson
Subject: RE: Fullmoon Saloon
All,
Here is what I took from the board today. Please let me know if you agree.
1) The facility shall remain closed until such time that the food safety consultant arrives onsite and provides
training to staff(with emphasis on violations noted previously and to help the facility in developing a priority list
for equipment purchases).
2) The Department will conduct two additional inspections where the facility is not to have repeat violations and
remain in substantial compliance with the Regulations otherwise.
3) The Department retains the right to bring the matter back before the board if item #2 above is not met.
4) The $1000 assessed civil penalty will be waived provided that the facility mainly uses it to purchase new cold
holding equipment. Some of the penalty may be used for training purposes.
Dan Joseph CP-FS
1
Food Program Coordinator
Weld County Department of Public Health and Environment
1555 North 17th Avenue
Greeley, CO 80631
phone: 970.304.6415 x 2206
fax: 970.304.6411
IK61
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain
information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and
destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited.
From: Bruce Barker
Sent: Wednesday, October 21, 2015 9:56 AM
To: Frank Haug
Cc: Stephanie Frederick; Esther Gesick; Dan Joseph
Subject: Fullmoon Saloon
Frank:
Please work with Stephanie, Esther, and Dan to conform the Board's resolution to what was stated in the motion.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext.4390
Fax: (970) 352-0242
vir <-_
rr
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
2
Fullmoon Saloon
WORK PLAN FOR FOOD SAFETY COMPLIANCE
Provided by APPLIED FOOD SAFETY SCIENCES,LLC
October 19, 2015
Purpose and Scope
The purpose of this document written by Applied Food Safety Sciences, is to improve
food safety practices and prevent food safety violations at Fullmoon Saloon Restaurant going
forward from this date should the Weld County Health Department agree to nonclosure of the
restaurant or nonclosure based on preventative food safety actions taken by of the Owners and
Managers of Fullmoon Saloon.
The goal of Fullmoon Saloon's food safety plan is to keep the food that you serve safe.
The first step is to develop standard operating procedures (SOPs) that address personal hygiene,
facility design, supplier selection, cleaning and sanitation, equipment maintenance, and worker
food safety training. The next step is to develop food safety procedures that specifically address
how you will control the five most common risk factors responsible for foodbome illness. The
risk factors, as defined by the Centers for Disease Control and Prevention (CDC), are:
Food from unapproved and unsafe source —not buying food from regulated food suppliers
Improper holding time and temperature - - keeping food between 41 °F (5 °C) and 135 °F (57
°C) for more than four hours
Poor personal hygiene - - workers not washing their hands properly; coughing or sneezing on
food; touching or scratching sores, cuts, or boils; and coming to work sick
Improper cooking—not cooking food to recommended internal temperatures
Cross-contamination - - transferring microorganisms from one surface or food to another surface
or food
Active Managerial Control
Active managerial control is a proactive, rather than reactive, approach to food safety in
your restaurant. Basically, it means that you will develop and implement a food safety plan that
will keep the food you serve to your customers safe. To do so:
Identify food safety procedures and SOPs that will keep food safe and sanitary.
Verify that procedures are controlling the risk factors.
Train workers on appropriate SOPs and food safety procedures.
Monitor all procedures to be sure your workers are properly following them. The Manager is
responsible for monitoring safe food handling practices that contribute to foodbome illness.
Work to adopt HACCP Procedures
Hazard Analysis Critical Control Point (HACCP) is a systematic way to identify,
evaluate, and control food safety hazards in your establishment. Hazards are BIOLOGICAL
EXHIBIT
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CHEMICAL, OR PHYSICAL agents that can cause injury if they are not controlled. HACCP
prevents food safety hazards rather than reacts to food safety hazards. A HACCP Plan is a
written plan that is specific to your establishment's menu, customers, equipment, processes, and
operations.
Not all restaurants are required to have a HACCP Plan. If you: vacuum package food:
serve raw meats; package fresh squeezed orange juice, serve shellfish directly from a tank, or
cure or smoke meat to preserve it then you will need to have a HACCP Plan. You might need a
HACCP Plan to prepare other types of food, such as sushi rice. Your local or state health
department will let you know if you need a HACCP Plan for other foods that you serve.
We are not recommending a full HACCP Plan at this time; however, Standard Operating
Procedures (SOPs) should be adopted for certain work areas. Applied Food Safety Sciences will
prepare and help implement the procedures we identify as critical areas in your restaurant. Most
areas have been identified in past inspections as outlined by Weld County Health Department.
Standard Operating Procedures (SOPs)
Standard Operating Procedures focus on workers, facilities, and equipment. At a
minimum, your SOPs should address the following:
• Illness policy
• Cleaning and sanitizing procedures
• Garbage removal
• Pest control
• Facility design and equipment selection
• Worker hygiene
Managing a crisis
Every restaurant should have a crisis management program. The basis of a successful
crisis management program is a written plan that identifies the resources required and procedures
that must be followed to handle crises. Crisis situations include:
• Foodborne illness outbreak
• Power outage
• Theft
• Fire
All workers should be trained on who should be contacted in the event of a crisis.
Outline of Work Plan to be developed by Applied Food Safety Sciences in Cooperation
with Fullmoon Saloon:
1. Identify critical areas where repeat violations have occurred.
2. Develop Standard Operating Procedures for critical areas identified by Centers for
Disease Control and Prevention as outlined above and post information in critical areas of
the restaurant
3. Train critical employees (managers, Person in Charge (PICs) and other personnel in
charge of specific areas in the restaurant) to ensure proper food safety and sanitation
procedures are understood and demonstrated.
4. Inspect training records and other materials to ensure all restaurant employees have
completed food safety training.
5. Inspect and monitor employee specific responsibilities and monitor demonstration of
knowledge.
6. Monitor managers and PICs to ensure food safety and sanitation procedures are being
communicated and demonstrated to all employees prior to and during operation of the
restaurant.
7. Applied Food Safety Sciences will schedule at a minimum 3 unannounced visits within
the next 2 months (approximately every 2 to 3 weeks apart) to ensure all appropriate
Standard Operating Procedures are understood and being followed. Any corrective
actions will be completed at the time of the visit and employees found not following
proper procedures will be retrained at the time of the visit. Following the visit, a verbal
notification to Weld County Health Department that an inspection has occurred and the
noted findings of the visit will be communicated verbally or in writing. Any written
documentation will be provided to both Weld County Health Department and Fullmoon
Saloon.
8. If all parties are satisfied that Fullmoon Saloon has made sufficient progress in improving
food safety and sanitation procedures, a quarterly unannounced visit will be scheduled by
AFSS to monitor Fullmoon Saloon and ensure compliance of all food safety and
sanitation procedures. Demonstration of Knowledge will be a critical part of all visits by
AFSS as well as all critical areas identified by CDC.
9. All monitoring procedures, logs, training records and other food safety related materials
must be available to AFSS at the time of the visit.
Written by Janice Brown, M.S. Food Science/Food Safety, Applied Food Safety Sciences, LLC
Approved by Gary Southers, Manager—Fullmoon Saloon
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