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
•
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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
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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.
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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
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7/ 10/2015
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Cross contamination (raw animal ► .
ready - to - eat foods '
Improper hand washing
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Improper storage of
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7/ 10/2015
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Touching ready - to - eat
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Inadequate sanitizing time at 3 - compartment
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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
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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)
•
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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.
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