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HomeMy WebLinkAbout20152193.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - FULLMOON SALOON 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, located at 206 Main Street, Pierce, Colorado, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, on July 13, 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, at which time the matter was continued to July 20, 2015, due to a scheduling conflict, and WHEREAS, on July 20, 2015, after hearing testimony from all present and being presented with a Compliance Agreement, the Board of County Commissioners moved to dismiss a suspension of the license 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that consideration for suspension of the Colorado Retail Food License issued to Fullmoon Saloon, located at 206 Main Street, Pierce, Colorado, be, and hereby is, dismissed. 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. 2015-2193 CC Ht(bs/sT/Te4) 8 I13 HL0044 RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - FULLMOON SALOON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of July, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Cl,�(� C) it i1J Barbara Kirkmey Chair Weld County Clerk to the Board erYl .1 Mike Freeman, Pr -Tem BY: l .. tJo, ,ittl ��!l""'�` Free_ De• j Clerk to the Boiard/I��,� i_ZN y it an P. Conway tat APP FORM. ctiVskr2 t "" r ie A. Cozad ounty orney I: � / aft or Steve Moreno Date of signature: 8/I I 2015-2193 HL0044 1861 Memorandum TO : Board of County Commissioners �COUNTY. --- - _ From : Dan Joseph DATE : July 13 , 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) . Though the Weld g County Department of Public Health and Environment (Department) has the all . . given facility 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 penalti es es within a 12-month period . In addition, during this time period multiple other critical violations s 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 P establishment license held by Fullmoon Saloon. 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. p Additionally, the Department recommends use of the assessed one thousand dollar civil en p alty towards the payment of the consultant. Finally, we propose that our inspectors conduct two inspections within the two weeks following any license suspension with the being J p objective � 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 abilitybring to the matter before the Board once again. 2015-2193 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 . Fullmoon Saloon History of Violations November 2013 until June 2015 SUMMARY Since November 12, 2013, the Department has performed 11 inspections where 39 violations (critical and noncritical) were cited for an average of 3.54 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 39 violations cited, 36 were critical violations (92 % ). Of those critical violations, 22 were foodborne illness risk factor violations (61 % ). CRITICAL ITEMS Foodborne illness risk factors are identified by the Centers for Disease Control as most commonly contributing to foodborne illness. 1 b 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 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 April 17, 2015 2d Improper Hygienic Practices Cited on November 12 , 2013 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 2g Bare Hand Contact with Ready-to-Eat Foods Cited on November 12 , 2013 Cited on May 5 , 2014 Cited on July 15 , 2014 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 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 FoodContact Surface (insufficient length� of time) Cited on April 17, 2015 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 14c Ceiling in Disrepair (leaking water during rain storm ) Cited on April 17, 2015 142 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). 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 .JTd10Um1S February 10 , 2014 Follow- Up Inspection Conducted by J .JTaloumis May 5 , 2014 Regular Inspection Conducted by y J . Taloumis June 3 , 2014 Follow- Up Inspection Conducted by J .JTaloumis July 15 , 2014 Follow- Up Inspection Conducted by Taloumis J . C`aloumis and K . Antuna October 23 , 2014 Follow- Up Inspection Conducted by D . Joseph. oseph and M . Taylor November 6, 2014 Follow- Up Inspection Conducted by M . Taylor April 16, 2015 Regular Inspection Conducted by D D . Joseph and R. Scanlan June 8 , 2015 Follow- Up Inspection Conducted by M . Taylor and R. Scanlan 1 . 7/ 10/2015 Fulimoon saloon Date : July 13 , 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 Ru/es 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 7/ 10/2015 4 . r Colorado Revised 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 S 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 y initiate proceedings to suspend or revoke the license of the licensee pursuant to section 25 - 4 - 1609 . 2 7/ 10/2015 The Effects of Food bor ne Illness 48 , 000 , 000 or 1 in 6 Americans get sick each year 128 , OOO 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 201 3 , the Department has conducted 3 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 (201 3 ) November 12 , 201 3 : Regular inspection December 1 7 , 201 3 : Follow- up inspection • January 6 , 2014 : First Notice of Non -Compliance for violations (3e ) January 21 , 2014 : Follow- up inspection • January 23 , 2014 : Compliance Warning (3e) February 10 , 2014 : Follow- up inspection May 5 , 2014 : Regular inspection June 3 , 2014 : Follow- up inspection June 1 3 , 2014 : Second Notice of Non -Compliance (3e) July 1 5 , 2014 : Follow- up inspection • August 1 5 , 2014: Notice of Civil Penalty and Compliance Review (3e) 3 7/ 10/2015 Progression of Compliance and Enforcement Actions Fullmoon Saloon - Continued October 23 , 2014 : Follow- up inspection • October 27 , 2014 . Compliance Warning (3e) November 6 , 201 4 : Follow- up inspection April 1 7 , 2015 : Regular inspection May 20 , 2015 . Second Notice of Civil Penalty and Notice of Compliance Review (3e) June 8 , 201 5 : Follow- Up Inspection • June 29 , 201 5 : Notice of Hearing and Notice of Third Civil Penalty (3e)- Third assessed in 12 month period • .. . ; Establishment: FULLMOON SALOON - 206 MAIN ST PIERCE ° ^ Recent Regular Inspections pections • ;? to % June 8, 2015 Follow-up Inspector),<A µ, r % °/7 H° &nil 17, 2015 November 6, 2014 Follow-up Inspector October 23. 2014 Follow-up Inspection • July 15. 2014 Follow-up Inspection June 3, 2014 Follow-uo Inspection May 5, 2014 February 10, 2014 Fallow-up inspection January 21 , 2014 Follow-up Inspection December 17, 2013 Follow-up inspection November 12, 2013 C: tar March 25, 2013 , �", ?4 -PliaNst august 9. 2012 n n n •w .• a. f tf J� \ r n r'_ 4 7/ 10/2015 The Inspection History of Fullmoon saloon Since November 2013 , three regular inspections and eight follow - up inspections have been performed . Of the 39 violations cited , 36 were critical violations ( 92 %) . Of those critical violations , 22 were food borne illness risk factor violations ( 61 %) . An average of 3 . 54 violations per inspection ( regular and follow - up) have been cited at this facility . The average number of violations cited forall g licensed retail food facilities is 2. 2 for regular and follow- up inspections combined. o t x Pritk " ,'* Improper Cold Holding of Hazardous Foodsner November 12 , December 1 7 , 21 Flay 57 2014 0 ea. r. June 3 , 2014 July 15 , 2014 April 1 7 , 2015 Ar June S , 201 S • Tmlw y ` 5 7/ 10/2015 \fiolations a R e .s , - ,-., 4 t • - Improper Cold Holding of , - Hazardous Foods :_ , • M, I -- s rill - loth , s e • •� iq ` • sip N s 4, •• • - - . z Sr ` • £ _ lq • 4- _ _ - w: Y .R �, `,- r 011181 ::. '.e • _ai . 1 J , c a y , r 1 • x�^���, { 1. . y YY 1! i 4.11O.Y. . A.,. , . ..: x:, .SW. „ . , . . , la x: _, l 4. '' 410 ) • w- ii .- alliii" • 11 , ~ ^•,C IIµ ^ 6' ', ,1'} • ... . __ _ • �^ ! �, it.-,,,,„r___ ff +„W 4' _r ' ` rir k y I T r • • -a.wit • • ;. • 6 7/ 10/2015 , M Ma 4 Yy ..._.. a c N OM 1 y y, 2 H° q V'Y gi'MYi vx iv . 4 ;; ��z ,s. ri - .— _. S'�..,1 , ago';Ana X 142�x y`F�: .� i A M of r , Ass 0 A • II A1411.111 ' aD 4,5,4k bk ,rl .' ,p {„ a „ Unwholesome . , U nwh e Cross contamination (raw animal ► . ready - to - eat foods ' Improper hand washing Improper hygienic practices : Improper storage of employee personal . .. Y Inability to demonstrate food safety I< nowle . g :; Centers for Disease Control foodborne illness risk fact or violation ..,„„aitiesiaL 7 7/ 10/2015 o f Oto) -. Isv I 0r a S Touching ready - to - eat foods with A :: a . • Improper of � otenti all �. ..* f . cooling I o u s00 ' S " ' No thin mass food probe thermomet er Inadequate sanitizing time at 3 - compartment p tment si Hand sink found inaccessible } Soap and paper towels not available at hand sinks * sinks Unlabeled chemical spray bottles Centers for Disease Control foodborne illness risk factor violation tA ummar of Y secs Review Se tom der 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 8 7/ 10/ 2015 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 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 ,, Performance of two inspections within the two weeks following any suspension , with the objective being no repeat critical violations and substantial compliance with the Regulations otherwise Allow owner to use the $ 1 , 000 civil penalty to defray costs of achieving compliance (contracting with a consultant as well as any expenses incurred for improving layout of kitchen area) • • ty.. % y -t ar , .,• < yk T:f • DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT q}, l,, 1555 North 17th Avenue �� CG`►S A ublPI 1'.- Greeley, CO 80631 P icFiealth www.weldhealth.org la 10 Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services 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. 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. oC� CdttAteD P s 7-4,20 •ao��- Owner Date "9,4 Wt.. Owner Date Owner Date Weld County Department of Public Health& Environment Representative Date 2015/07/22 1 5:1 7:49 2 !2 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. 1 ,r 115-24:14)-441-4 t / &ZWArt,) i2 I4 j 7 )o r-Ze Owner Date V� •J 71• ,. W'' .S 1 owner Date 7 `\5 Owner r,.="' ., JOHN ERIC GUERRERO Date z-x �f Notary Public,State of Texas S I0 i My Commission Expires cr March11, 2018 �I�Zi'l/'�� _ 1 Z�il�Q l L✓ Weld County Department of Public Health&Environment Representative Date Hello