HomeMy WebLinkAbout20141546.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ONGOING SUSPENSION OF COLORADO
RETAIL FOOD ESTABLISHMENT LICENSE - CARNICERIA Y RESTAURANTE
MUNOZ
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, Carniceria y Restaurante Munoz, located at 1005 Broad Street, Milliken,
Colorado, is allegedly in violation of the Colorado Retail Food Establishment Rules and
Regulations, and
WHEREAS, on November 27, 2013, 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 Liliana Lozano, 3502 Dahlia Street, Evans, Colorado 80620, and
WHEREAS, after hearing testimony from all present, the Board of County
Commissioners moved to issue a suspension of the license for up to six months, until such time
as the Department of Public Health and Environment had developed a plan/timeline with the
business and felt confident that compliance with said plan/timeline was obtainable, to allow the
establishment to utilize the services of a third-party consultant to provide formal food safety
training to the entire staff, to allow time for consideration of limiting the number of food activities
on the premises and consideration of a change in management, with follow-up inspections and
with the understanding that staff would bring this matter back before the Board when they
determined it to be appropriate that said suspension be lifted. The $500.00 civil penalty was
waived, with instructions that it be used for either consulting services or necessary repairs to the
premises, and
WHEREAS, on May 21, 2014, a public hearing was held before the Board of County
Commissioners for the purpose of hearing testimony relating to lifting or extending said
suspension at the facility licensed to Liliana Lozano, 3502 Dahlia Street, Evans, Colorado
80620, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the suspension of the Colorado Retail Food License issued to
Carniceria Y Restaurante Munoz, located at 1005 Broad Street, Milliken, Colorado, be, and
hereby is lifted.
2014-1546
HL0044
RE: SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -
CARNICERIA Y RESTAURANTE MUNOZ
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Colorado Retail Food License issued to Carniceria
Y Restaurante Munoz, located at 1005 Broad Street, Milliken, Colorado, be, and hereby is,
lifted.
BE IT FURTHER RESOLVED by the Board that staff is instructed to ensure compliance
and make follow-up inspections, that this matter may be brought back to the Board if staff
deems it necessary, and that the $500.00 civil penalty continue to be, and hereby is, waived.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: (�( ro `��..e�
[/.d�..`W/ jefai'ok. Do as Radem c er, Chair
Weld County Clerk to the and
Barbara Kirk yer, Pro-Tem
BY:
De Clerk to the oard
Sean P. Conway
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APP$gVE T M:
Mike Freer
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2014-1546
HL0044
t86t Memorandum
TO: Board of County Commissioners
FROM: Debra Adamson
co
DATE: May 19, 2014
SUBJECT: Consideration of Ongoing Suspension of
Retail Food Establishment License for
Carniceria y Restaurante Munoz
On November 27, 2013, the Carniceria y Restaurante Munoz appeared before the Board of
County Commissioners (Board) in a retail food establishment license suspension/revocation
hearing (see attached background summary for the history of events leading to the November
hearing as well as actions taken during the time of license suspension). The facility's retail food
establishment license was suspended until such time the owner could take the following
corrective actions:
1. Utilize the services of a third-party consultant to provide formal food safety training to
the entire staff
2. Allow time for consideration of limiting the number of food activities on the premises
3. Consideration of a change in management
As of May, 27, 2014, the suspension will have been in effect for six months, which is the
maximum allowed by 25-4-1609 C.R.S.; however, for several months the owner of the
establishment was performing unexpected repairs to the structural integrity of the building. The
repairs are complete and approved by the building inspection authority of the Town of Milliken,
but not all conditions set by the Board for re-opening of the establishment have been met,
specifically, the third-party consultant has not been able to evaluate the employees and provide
formal food safety training. For this reason, the Weld County Department of Public Health and
Environment (Department) requests that the Board consider the ongoing license suspension for
this establishment.
The owner and manager, Liliana Lozano and Eduardo Munoz, respectively, hired Public Health
and Food Safety Services, LLC (PHFSS), of Fort Collins as the third-party food safety
consultant. PHFSS performed a preliminary audit on November 30, 2013. Mid-December
2013, it was learned that the structural integrity of the building housing the business was in
question, and the building inspection authority for the Town of Milliken (SAFEbuilt, Inc.)
prohibited entrance to all but the owners and a repair crew. The establishment's work with the
food safety consultant has only recently resumed; the delay was due to building repairs but also
due to a failure on the part of the owner and manager to submit required records and documents
to the Department and the consultant. Therefore, PHFSS has not been able to observe the food
handling behaviors of the employees and management. The requested documents and
information were supplied to all parties on May 13, 2014, and the observation and any needed
on-site formal training is now scheduled for Tuesday, May 20, 2014.
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The owner and manager have limited the number of food processing activities that will take
place in the building. They have greatly reduced the menu, repacking of dry goods will no
longer be done, cooked food will not be provided for the attached bar (the bar is for sale), and
bread will be baked only for the Milliken store (it was baked for Greeley and Loveland stores, as
well, in the past). The store has been reorganized and arrangements have been made for meat
deliveries directly to the Milliken store from the supplier.
Eduardo Munoz will be the main manager of the business and two additional shift managers
have been designated. These managers have taken the online food safety course that is
recommended by the Department and copies of the certificates have been provided.
Inspection of the premises by the Department on May 19, 2014, yielded additional work to be
done. Most of the items identified are minor in nature, but there is one major problem in that the
Type I ventilation hood that sits over the grease-producing cooking equipment does not draw air
and the pan that collects grease is missing. Mr. Munoz has agreed to have the hood serviced as
soon as possible in order to determine why it isn't functioning, and he will reinstall the grease
collection pan.
The Department expects reports from both Eduardo Munoz and PHFSS late Tuesday afternoon,
and will be able to make a recommendation for action to the Board during the hearing on
Wednesday, May 21, 2014.
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Background Summary of Enforcement
Carniceria y Restaurante Munoz
1005 Broad Street
Milliken, Colorado 80543
(970) 978-3092
August 23, 2012 A regular inspection was conducted during which violations lb (moldy
food), 2f(training needed), 6c (hand sink without soap), and 14i (restroom
in disrepair) were cited.
October 2, 2012 A follow-up inspection was conducted during which violations lb (moldy
food), 2f(training needed), 6c (hand sink without paper towels) and 14i
(restroom in disrepair) were cited.
October 17, 2012 A First Notification of Non-Compliance was issued for violations lb
(moldy food), 2f(training needed), and 14i (restroom in disrepair).
Violation 6c was inadvertently excluded.
November 13, 2012 A follow-up inspection was conducted during which violation lb (moldy
food), 2f(training needed), and 6c (hand sinks without soap)were cited
December 5, 2012 A Second Notification of Non-Compliance for violations lb (moldy food),
2f(training needed), and 6c (hand sink without soap and /or paper towels)
was issued and mailed via standard mail.
A Compliance Warning was issued for violation 14i (restroom in
disrepair) stating that if at the next regular inspection violation 14i were
cited, a Second Notification of Non-Compliance would be issued.
December 19, 2012 A follow-up inspection was conducted during which no violations were
cited.
January 8, 2013 A Notice of Civil Penalty for $250.00 (two hundred and fifty dollars) and
Compliance Warning for violations lb (moldy food), 2f(training needed),
and 6c (lack of soap at hand sinks) was issued and mailed via regular mail.
March 21, 2013 A regular inspection was conducted during which violations 1 b (moldy
food), 2f(training needed), 9b (food not protected from contamination),
and 14i (restroom in disrepair) were cited.
April 2, 2013 A Second Notice of Civil Penalty ($500.00) and Notice of Enforcement
Meeting for lb (moldy food), 2f, and 14i was issued and sent via regular
mail.
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Carniceria y Restaurante Munoz
Background Summary
April 18, 2013 An enforcement meeting was held with the Weld County Department of
Public Health and Environment. Dan Joseph and Debra Adamson met
with Eduardo Munoz (manager).
April 25, 2013 A Formalization of Enforcement Meeting summary was issued and mailed
via standard mail.
June 5, 2013 A follow-up inspection was conducted in which 9b (food not protected
from contamination) was cited.
June 25, 2013 A First Notice of Non-Compliance for violation 9b (food not protected
from contamination) was issued and sent via regular mail. It was not
returned to the Department as undeliverable.
July 31, 2013 A follow-up inspection was conducted during which lb (food not
protected from contamination) was cited. This is the same violation
previously cited as a 9b. The numerical change is due to regulation
revisions.
August 14, 2013 A Second Notification of Non-Compliance for violation 1 b (food not
protected from contamination) was issued and sent via regular mail.
November 7, 2013 A follow-up inspection was conducted during which lb (food not
protected from contamination) was cited.
November 14, 2013 A Notification of Hearing and a Notice of Civil Penalty was issued and
delivered to Liliana Lozano by hand.
November 27, 2013 A Retail Food License suspension/revocation hearing was held with the
Board of County Commissioners during which the retail food
establishment license was suspended until such time that conditions of re-
opening were met.
November 30, 2013 Public Health and Food Safety Services, LLC (PHFSS, LLC) conducted
its first onsite evaluation.
December 2013- Shortly after the November 27 hearing, it was found that the building
March 2014 housing the Carniceria y Restaurante Munoz required structural repairs
(the building inspection authority prohibited entrance by all but the owners
and repair crew) and these took several months to accomplish. The time
and money required to complete the repairs are part of the reason the
facility has not yet resumed operations.
April 2, 2014 PHFSS, LLC conducted a follow-up visit to address the items noted in the
November 30, 2013, audit and to provide on-going training, discuss menu
options and limited production at the establishment, and general food
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Camiceria y Restaurante Munoz
Background Summary
safety practices. Not all items were addressed as facility employees were
not present and not all utilities were active.
April 18, 2014 The Department received an email from PHFSS, LLC as notification that
consulting was at a standstill until such time that items requested from the
owners of the facility were submitted. Items requested were as follows:
pest control contract, information on where meat products will be obtained
and how they will be transported, revised menu, record keeping system for
product suppliers, and written response to deficiencies identified on
November 30, 2013, and April 2, 2014.
May 9, 2014 Notification of Hearing for Consideration of Ongoing Suspension of
Retail Food Establishment License was hand-delivered to Liliana Lozano.
May 13, 2014 The Department met with Edwardo Munoz (manager) and received an
updated menu, a copy of the pest control contract, and corrective actions
that had been taken for the deficiencies noted in the April 2, 2014, audit.
In addition, Mr. Munoz provided the online food safety training
certificates for all employees and managers.
May 19, 2014 Inspection performed by Dan Joseph, Debra Adamson and Kristeen Bevel
to assess progress in meeting the environmental deficiencies identified by
the consultant and noted on previous inspections. Several additional
repairs were identified, the most major of which is the servicing of the
Type I ventilation hood and fire suppression system that is installed over
the grease-producing cooking equipment. The hood was not drawing air
and was missing the grease collection pan. Other issues identified were
relatively minor.
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