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)
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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
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Recent Regular Inspections
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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
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4/10/2015
Viol : _ _ : E .
Viola. :
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Improper Cold Holding of Potentially
Hazardous Foods
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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
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December 19, 2014 March 17, 21. !__ -
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4/10/2015
Vi olations Res . . - mono
C lvi i e- n a It ;
Presence of Pests / Inadequate Pest Contra
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Improper Cleaning of NJ . - .
-- Surfaces (Ventilation Hood and Filters)
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2014 Dates
.-Cited on April 7, 2014
rCited on May 19, 2014 - ,
#Cited on September 3 , 2014
:-Cited on October 9, 2014
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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)
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