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HomeMy WebLinkAbout20151035.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - EL FARO MEXICAN RESTAURANT 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, El Faro Mexican Restaurant, located at 608 Cedar Road, Hudson, Colorado, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, on April 15, 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 El Faro Mexican Restaurant, and WHEREAS, after hearing testimony from all present, the Board of County Commissioners moved to issue a suspension of the license effective until evidence of hiring a third-party consultant is established and the entire facility staff has completed a formal food safety training, 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. Furthermore, the new manager may stay in place but must complete managerial training, and the $1,000.00 civil penalty shall be waived on the grounds that these dollars be used toward gaining compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Colorado Retail Food License issued to El Faro Mexican Restaurant, located at 608 Cedar Road, Hudson, Colorado, be, and hereby is, suspended effective until evidence of hiring a third-party consultant is established and the entire facility staff have completed a formal food safety training, with follow-up inspections and with the understanding that Health staff may bring this matter back before the Board f repeat critical violations are observed or should the facility fail to remain in substantial compliance. Furthermore, the new manager may stay in place but must complete managerial training, and the $1,000.00 civil penalty shall be waived on the grounds that these dollars be used toward gaining compliance. BE IT FURTHER RESOLVED by the Board that Health staff is instructed to make follow-up 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. CC:{IL(t /sr/TJ) -30-i5" 2015-1035 HL0044 RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - EL FARO MEXICAN RESTAURANT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of April, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:9: C1 , z ; t 4 �� CC11 G �l. � K Barbara Kirkmeyer Chair Weld County Clerk to the Board alto Mike Freeman, Pro-Tem D:• Ry Clerk tot - Boar, \j r . l-a EXCUSED d►, ��.ean P. Conway 361 F \\II APPROV AS TO FOR :'' ? � htel ulie A. Cozad County Attorney tfret..7'+-e,.. - Date of signature: 4/023 Steve Moreno 2015-1035 HL0044 Nsue,„.. Memorandum JTO: Board of County Commissioners C 0 N y_.From : Dan Joseph DATE: April 15, 2015 SUBJECT: El Faro Mexican Restaurant El Faro Mexican Restaurant, located at 608 Cedar Road in Hudson, Colorado, and owned by Lucero-Leyva Inc., has failed to has failed to maintain compliance with the Colorado Retail Food Establishment Rules and 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 a short-term suspension of the retail food establishment license held by El Faro Mexican Food. The Department also recommends that the establishment utilize the services of a third party consultant to provide an evaluation of food safety practices at the facility, and to provide training for all staff, and that the license remain under suspension until such time that these requirements have been satisfactorily completed. Additionally, the Department recommends a change in management of the establishment. Finally, we propose that our inspectors conduct two inspections within the two weeks following any license suspension with the objective being no repeat critical violations and substantial compliance with the Regulations otherwise. Should additional repeat critical violations be observed or should the facility not remain in substantial compliance with the Regulations, the Department would request the ability to bring the matter before the Board once again. 2015- 1035 HIO0-9-4 Background Summary of Enforcement El Faro Mexican Restaurant 608 Cedar Road, Hudson, Colorado (303) 536-4344 April 7, 2014 A regular inspection was conducted in which violations *03e (improper cold holding of potentially hazardous foods) and 12b (ventilation hoods with excessive build up of debris) were cited. May 19, 2014 A follow-up inspection was conducted in which violations *03e (improper cold holding of potentially hazardous foods) and 12b (ventilation hoods with excessive build up of debris) were cited. June 3, 2014 A First Notification of Non-Compliance was issued for violations *03e (improper cold holding of potentially hazardous foods) and 12b (ventilation hoods with excessive build up of debris) and sent via regular mail. June 17, 2014 A follow-up inspection was conducted in which violations *03e (improper cold holding of potentially hazardous foods) and 12b (ventilation hoods with excessive build of up debris) were found to have been corrected. July 7, 2014 A Compliance Warning was issued for violations *03e (improper cold holding of potentially hazardous foods) and 12b (ventilation hoods with excessive build up of debris) and sent via regular mail. The warning letter specified that the violations must remain corrected through the next regular inspection in order for the enforcement action to end. September 3, 2014 A regular inspection was conducted in which violations *03e (improper cold holding of potentially hazardous foods), *05c (directly drained three- compartment sink), *07a (evidence of pests), and 12b (ventilation hoods with excessive build up of debris) were cited. September 10, 2014 A Second Notification of Non-Compliance was issued for violations *03e (improper cold holding of potentially hazardous foods) and 12b (ventilation hoods with excessive build up of debris) and sent via regular mail. October 9, 2014 A follow-up inspection was conducted in which violations *03e (improper cold holding of potentially hazardous foods), *05c (directly drained three- compartment sink), *07a (evidence of pests-rodent droppings), and 12b (ventilation hoods with excessive build up of debris) were cited. October 22, 2014 A Notice of Civil Penalty in the amount of five hundred dollars ($500.00) was issued for violations *03e (improper cold holding of potentially hazardous foods) and 12b (ventilation hoods with excessive build up of debris) and sent via regular mail. October 23, 2014 A First Notice of Non-Compliance was issued for violations *05c (directly drained three-compartment sink), and *07a (evidence of pests- rodent droppings), and send via regular mail. November 24, 2014 The Department called and left a message with owner's number on file that the civil penalty had not been received. December 3, 2014 The Department called and left a message with owner's number on file that the civil penalty had not been received. December 4, 2014 The Department called the facility and spoke to the restaurant manager, Michelle Cox, about the fact that the civil penalty had not been received. December 8, 2014 The Department called the facility and spoke with the restaurant manager, Michelle Cox, about the fact that the civil penalty had not been received. December 10, 2014 Payment for half of the October 22, 2014, civil penalty of five hundred dollars ($500.00) was received. An inadequate receipt was submitted in lieu of remaining civil penalty of two hundred and fifty dollars ($250.00). December 19, 2014 A follow-up inspection was conducted in which violations *03e (improper cold holding of potentially hazardous foods), *05c (directly drained three-compartment sink), and *07a (evidence of pests-rodent droppings) were cited. During the review of the inspection report, it was discussed with management that there was an outstanding balance due on the civil penalty. January 7, 2015 A Second Notice of Civil Penalty and Notice of Compliance Review was issued for violation *03e (improper cold holding of potentially hazardous foods) and sent via regular mail. A Civil Penalty was issued in the amount of seven hundred fifty dollars ($750.00) and was to be paid within 10 days of receipt of the letter. January 7, 2015 A Second Notice of Non-Compliance was issued for violations *05c (directly drained three-compartment sink), and *07a (evidence of pests- rodent droppings), and sent via regular mail. January 7, 2015 A Compliance Warning was issued for violation 12b (ventilation hoods with excessive build up of debris), and sent via regular mail. January 29, 2015 A Compliance Review was held with the Weld County Department of Public Health and Environment. February 4, 2015 A Formalization of Compliance Review summary was issued and mailed via standard mail. March 2, 2015 Payment for half of the January 7, 2015, civil penalty of seven hundred fifty dollars ($750.00) was received. March 4, 2015 Receipts totaling five hundred seventy four dollars and sixty cents ($574.60) were submitted to the Department on behalf of the facility for a portion of the remaining civil penalty. The receipts were approved by the Department and payment was received for the remaining balance due of fifty dollars and forty cents ($50.40). All assessed civil penalties were resolved. March 17, 2015 A follow-up inspection was conducted in which violations *03e (improper cold holding of potentially hazardous foods), *05c (directly drained three- compartment sink), and *07a (evidence of pests-rodent droppings) were cited. March 30, 2015 Notification of Hearing and Third Notice of Civil Penalty was issued to facility via certified mail, via email, and hand delivered to facility on March 31, 2015. The letter requested the facility's presence at a hearing with the Board of County Commissioners. El Faro Family Mexican Restaurant History of Violations April 2014 to March 2015 SUMMARY Since April, 2014, the Department has performed 7 inspections where 58 violations (critical and noncritical) were cited for an average of 8.28 violations per inspection (regular and follow-up). The average number of violations cited for all licensed retail food facilities is 2.23 for regular and follow-up inspections combined. Of the 58 violations cited, 44 were critical violations (76%). Of those critical violations, 22 were foodborne illness risk factor violations (50%). 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 contri hull n to foodborne illness. lb Unw holesome Food Cited on April 7, 2014 Cited on June 17, 2014 Cited on October 9, 2014 lc Cross Contamination (Raw Animal Food Storage over Ready -to-Eat Foods) Cited on April 7, 2014 02c Improper Iland Washing Cited on April 7, 2014 Cited on September 3, 2014 (two separate violations- one citation for improper glove changes/hand washing and one citation for dishwasher moving from dirty to clean dishes without washing hands) 2d Improper Hygienic Practices Cited on April 7, 2014 (radio and cell phone stored on food preparation table) Cited on May 19, 2014 (purse and cell phone stored on food preparation table) Cited on October 9, 2014 (can of tomatoes stored in hand sink) Cited on March 17, 2015 (lack of glove change when changing tasks) 2e Smoking, Eating or Drinking in a Food Preparation Area ( including storage ) Cited on April 7, 2014 Cited on June17, 2014 Cited on September 3, 2014 Cited on March 17, 2015 a. 2f Unable to Demonstrate Knowledge Cited on April 7, 2014 Cited on September 3, 2014 Cited on October 9, 2014 2g Bare Hand Contact with Ready-to-Eat Food Cited on April 7, 2014 3a Improper Cooling of Potentially Hazardous Foods Cited on April 7, 2014 Cited on September 3, 2014 Cited on October 9, 2014 Cited on March 17, 2015 3e Improper Cold holding of Potentially Hazardous Foods Cited on April 7, 2014 Cited on May 19, 2014 Cited on September 3, 2014 Cited on October 9, 2014 Cited on December 19, 2014 Cited on March 17, 2015 4a Improper Concentration of Sanitizer at Three-Compartment Sink Cited on September 3, 2014 5c Improper Backflow Prevention Cited on September 3, 2014 Cited on October 9, 2014 Cited on December 19, 2014 Cited on March 17, 2015 06c Soap and Paper Towels Not Available at nand Sinks Cited on April 7, 2014 Cited on September 3, 2014 Cited on October 9, 2014 7a Presence of Pests/Inadequate Pest Control Cited on September 3, 2014 Cited on October 9, 2014 Cited on December 19, 2014 Cited on March 17, 2015 7b Improper Application for Pest Control Cited on September 3, 2014 Cited on October 9, 2014 Sa Improper Storage of Chemicals Cited on April 7, 2014 NON-CRITICAL ITEMS 9b Improper Protection of Food from Contamination Cited on September 3, 2014 l0a Unapproved Food Storage Containers Cited May 19, 2014 10b Improper Design of Nonfood-Contact Surfaces Cited September 3, 2014 Cited October 9, 2014 11c Missing Sanitizer Test Strips Cited on April 7, 2014 12a Improper Cleaning of Food-Contact Surfaces Cited on September 3, 2014 Cited on October 9, 2014 12b Improper Cleaning of Nonfood-Contact Surfaces Cited on April 7, 2014 Cited on May 19, 2014 Cited on September 3, 2014 Cited on October 9, 2014 14c Floors, Walls or Ceiling found in Disrepair Cited on April 7, 2014 Cited on May 19, 2014 Cited on September 3, 2014 (ceiling in disrepair) LETTERS ISSUED June 3, 2014 First Notification of Non-Compliance for violations 2d (improper hygienic practices), 3e (improper cold holding of potentially hazardous foods), 12b (ventilation filters not maintained clean) and 14c (floors found in disrepair). July 7, 2014 Compliance Warning for violations 2d (improper hygienic practices), 3e (improper cold holding of potentially hazardous foods), 12b (ventilation filters not maintained clean) and 14c (floors found in disrepair). September 10, 2014 Second Notification of Non-Compliance for violations 3e (improper cold holding of potentially hazardous foods) and 12b (ventilation filters not maintained clean). October 22, 2014 Notice of Civil Penalty for violations 3e (improper cold holding of potentially hazardous foods) and 12b (ventilation filters not maintained clean). October 23, 2014 First Notification of Non-Compliance for violations 2f (unable to demonstrate proper food safety practices), 3a (improper cooling of potentially hazardous foods), 5c (improper back flow prevention; three-compartment sink in bar is directly drained), 6c (lack of soap and paper towels at hand sinks), 7a (improper pest control), 7b (improper pest control ), 10b (heavy buildup of ice inside freezer), and 12a (improper cleaning of food-contact surfaces; ice machine not maintained clean). January 7, 2015 Second Notice of Civil Penalty and Notice of Compliance Review for violation 3e (improper cold holding of potentially hazardous foods). Second Notice of Non-Compliance for violations 5c (improper back flow prevention; three-compartment sink in bar is directly drained), and 7a (improper pest control). Compliance Warning for the following violations: 2f (unable to demonstrate proper food safety practices), 3a (improper cooling of potentially hazardous foods), 6c (lack of soap and paper towels at hand sinks), 7b (improper pest control), 10b (heavy buildup of ice inside freezer), and 12a (improper cleaning of food-contact surfaces; ice machine not maintained clean). Compliance Warning for violation 12b (ventilation filters not maintained clean). February 4, 2015 Summary of Compliance Review Meeting March 30, 2015 Notice of Hearing and Notice of Third Civil Penalty for violations 3e (improper cold holding of potentially hazardous foods), 5c (improper back flow prevention; three- compartment sink in bar is directly drained), and 7a (improper pest control). INSPECTIONS CONDUCTED April 7, 2014 Regular inspection May 19, 2014 Follow-up inspection June 17, 2014 Follow-up inspection September 3, 2014 Regular inspection October 9, 2014 Follow-up inspection December 19, 2014 Follow-up inspection March 17, 2015 Follow-up inspection r 'N 4/10/2015 El Faro Mexican Restaurant Date : April 15 , 2015 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 4/10/2015 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 a 4/10/2015 The Effects of Foodborne Illness 48 , 000 , 000 or 1 in 6 Americans get sick each year 1 28 , 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 El Faro Mexican Restaurant Since April 7, 201 4, the Department has conducted 2 regular inspections and 5 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 (201 3) - April7, 2014: Regular inspection • May 19, 201 4: First follow-up inspection • June 3, 2014: First Notice of Non-Compliance for violations (3e and ] 2b) • June 1 7, 2014: Second follow-up inspection • July 7, 2014: Compliance Warning (3e and ] 2b) • September 3, 2014: Regular inspection • September 10, 2014: Second Notice of Non-Comp►iance (3e and 12b) • October 9, 2014, 2014: First follow-up inspection • October 22, 201 4: Notice of Civil Penalty (3e and 1 2b) • October 23, 2014: First Notice of Non-Compliance (2f, 3a, 5c, 6c, 7a, 7b, 10b, 1 2a) 3 4/10/2015 Progression of Compliance and Enforcement Actions El Faro Mexican Restaurant-Continued • December 19, 2014: Second follow-up inspection • January 7, 201 5: Second Notice of Civil Penalty and Notice of Compliance Review (3e) -Second assessed in 12 month period • January 7, 201 5 : Second Notice of Non-Compliance (5c and 7a) • January 7, 201 5 : Compliance Warning (2f, 3a, 6c, 7b, 10b, and 1 2a) • January 7, 201 5 : Compliance Warning (1 2b) • January 29, 201 5 : Compliance Review Meeting • March 1 7, 201 5: Follow- Up Inspection • March 30, 201 5: Notice of Hearing and Notice of Third Civil Penalty (3e, 5c, 7a)- Third assessed in 12 month period Th te c . I praili4Vig 1 Weld Comity Retell Food Iospecdons Rep.'s . . Jading Q::,:-)(Suns Rests; (Alt Dlactamer - �.Retum ffi Sex 11 Resets . Fstabntwnenl'EL FARO FAMIL Y MEXICAN RESTAURANT-60.9 CEDAR RD HUDSON CO RO642 Recent Regular Inspections March 17,2015 fRIMILIOna Qecernber 19,2014 f Bath p I nspee0gp October 9.2014 FOaew.uv Incp ctwal September 3.2014 Jule 17,2014 f9410w4lp hTDattu3n May 19,2014 FO*OIFOD ktlpatbOn Apra 7.2014 December 5.2013 FQ$Owuo Mnanctean November 8.2013 fgbN.41Q Mecetl on September 30,200 (Lin May 15.2013 Fda:w rL u�snec_r,r; Aaa4,2013 JUN 31,ZOR C:(dR WV 23.2012 cat 4 a a 4/10/2015 The Inspection History of El Faro Mexican Restaurant ► Since April 7, 2014, two regular inspections and five follow- up inspections have been performed. ► Of the 58 violations cited since April 7, 2014 , 44 were critical violations (76%). Of those critical violations, 22 were food borne illness risk factor violations (50%). ► An average of 8. 28 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 2.23 for regular and follow-up inspections combined. Violations P ? cl,l1tins C " D I =ti L y Improper Cold Holding of Potentially Hazardous Foods 2014 and 2015 Dates A- April 7, 2014 . May 19, 2014 ` _ +�, IN7i September 3 , 2014 a 'r October 9, 2014 1 fid r December 19, 2014 �: - rMarch 17, 2015 laillibbliopt--..„ 4/10/2015 Viol : _ _ : E . Viola. : r Improper Cold Holding of Potentially Hazardous Foods • A Illinpa( - 0 (- ' . ,- • San nut 1111110 -----"‘"1"1"OlLessmaiassak_ ViOie - . .-- - C. 7 -; _ -: - : : -- - - ••� . 1 . _ 1 . Improper Backflow Prevention (three -compartment sink in bar found directly drained) 2014 and 2015 Dates September 3 , 2014 October 9, 2014 December 19, 2014 March 1 7, 201 5 4/10/2015 Violatib. . 4 , L Civil Pe Presence of Pests / Inadeq Control 2014 and 201 5 Dates September 3 , 2014 October 9, 2014 December 19, 2014 March 17, 2015 Violation * - . 011114-74.1* Civil Penalty - Presence of Pests / Inadequate Pest { Riff r 144 4414 • r • December 19, 2014 March 17, 21. !__ - c , 4/10/2015 Vi olations Res . . - mono C lvi i e- n a It ; Presence of Pests / Inadequate Pest Contra „ _ _ . _ , i , --.41 / H - I ; c -. jT Y -i /I 4 r • ' Illete 1: ap 1, 4 `` \ Vlo1 _- : ..._. Improper Cleaning of NJ . - . -- Surfaces (Ventilation Hood and Filters) i w 2014 Dates .-Cited on April 7, 2014 rCited on May 19, 2014 - , #Cited on September 3 , 2014 :-Cited on October 9, 2014 8 4/10/2015 Summary dfOther Vio1ati � ' s Unwholesome food Cross contam' N ready-to -eat '" Improper hand washing' Improper hygienic practices including pt items stored on food preparation table stored in hand sink and lack of glove change whe changing tasks'' Improper storage of employee personal drink Inability to demonstrate food safety knowledge Centers for Disease Control foodborne illness risk factor violation Summary of 0 - inaraMh Vi 0 _ 0 Touching ready-to -ear no . . 21 r(-1 anF s Improper cooling of puiere ua4iy, roads Hand sink found inacc sr Improper concentration of sanitizer at three compartment sink Soap and paper towels not availak. Improper pesticide application - adhesive fly strips found hanging over food storage areas Improper storage of chemicals Centers for Disease Control foodborne illness risk factor violation • 9 4/10/2015 Summary of Compliance Review January 2972015 ► After the assessment of the second civil penalty, a compliance review was held with Lisa Lucero (owner) and Michelle Cox (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 equipment for the cleaning of the ventilation hood Use of food temperature logs as it relates to the cold holding of potentially hazardous foods Assuring that information is communicated thoroughly in all languages used in the facility (Spanish, English) Summary • Due to continued non -compliance with the regulations, and the potential impact on the public's health, the Department has the following recommendations : • 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 • Change the management of the restaurant • The Department will perform two inspections within the two weeks following re-opening with the objective being no repeat critical violations and substantial compliance with the Regulations otherwise • Allow use of the $ 1 ,000 civil penalty to defray costs of achieving compliance (contracting with a consultant as well as expenses for plumbing work on the 3-compartment sink and professional pest control) 10 Hello