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Home My WebLink About20142481.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING SUSPENSION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE-TACOS Y SALSAS 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, Tacos y Salsas, located at 1923 9th Street, Greeley, Colorado 80631, is allegedly in violation of the Colorado Retail Food Establishment Rules and Regulations, and WHEREAS, on August 11, 2014, 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 Tacos y Salsas, and WHEREAS, after hearing testimony from all present, the Board of County Commissioners moved to issue a suspension of the license for up to three (3) days, to allow the establishment to utilize the services of a third-party consultant to provide formal food safety training to the entire facility staff, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Colorado Retail Food License issued to Tacos y Salsas, located at 1923 9th Street, Greeley, Colorado 80631, be, and hereby is, suspended up to three (3) days, during which time the establishment is to utilize the services of a third-party consultant to provide formal food safety training to the entire facility staff. 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: #t(DR,b600())119-X, ) $lag2014-2481 HL0044 RE: COLORADO RETAIL FOOD ESTABLISHMENT LICENSE -TACOS Y SALSAS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of August, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, •LORADO ATTEST: decameti �,,,,,// G +�CLto;t,e +uglas ademacher, hair Weld County Clerk to the Board / arbara Elsa Kirkmeyer, ro-Tem Dep tyr` lerk to the Bo can P. Conway yC6rD AS FOR i "in , " AP \ Mike Frrep//(%j Attorney William F. Garcia Date of signature: 112.6 2014-2481 HL0044 Memorandum I r TO: Board of County Commissioners N T Y From: Dan Joseph DATE: August 11, 2014 SUBJECT: Tacos y Salsas Tacos y Salsas, located at 1923 9th Street in Greeley, Colorado, and owned by Tacos y Salsas, LLC, 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 2-3 day suspension of the retail food establishment license held by Tacos y Salsas. 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. Additionally, 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. 2014-2481 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT i86t r 1555 N. 171h Avenue Greeley, CO 80631 Public Health Web:www.weldhealth.orq rHealth Administration Public Health 8 Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education&Planning 8 Response COUNTY - Tele 970 304 6410 Tele 970 304 6420 Tele 970 304 6415 Tele 970 304 5470 Tele 970 304 6420 Fax 970 304 6412 Fax 970304.6416 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 five.learn work and play September 23,2013 David Martinez 1923 9th Street Greeley, Colorado 80631 RE: Tacos Y Salsas. 1923 9th Street,Greeley, Colorado COMPLIANCE WARNING RETAIL FOOD ESTABLISHMENT Dear Mr. Martinez: On September 19, 2013,an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of Tacos Y Salsas, licensed by you David Martinez, located at 1923 9th Street in Greeley, Colorado, to determine compliance with the First Notification of Non-Compliance issued by the Weld County Department of Public Health and Environment to Tacos Y Salsas on August 28,2013. The establishment was found to be in compliance with the subject First Notification of Non-Compliance. However, please be advised that if violations of items 9b(food stored on the floor)and 2c(improper hand washing)of the Colorado Retail Food Establishment Rules and Regulations as cited in the First Notification of Non-Compliance of August 28,2013,are found to exist during the next regular inspection, you will be issued a Second Notification of Non-Compliance. Should you have any questions concerning this correspondence or if you desire any assistance, please feel free to contact James Taloumis at(970)304-6415 extension 2239. Sincerely, James Taloumis Dan Joseph Environmental Health Specialist Food Program Coordinator Environmental Health Services Environmental Health Services cc: Debra Adamson, MPH,Consumer Protection Manager, Environmental Health Services DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT +" t16t_ { 'I r -- ;' 1 1555 North 17th Avenue Greeley, CO 80631 © © Public Health www.weldhealth.org Health Administration Public Health IL Environmental Communication, Emergency Preparedness Vital Records Clinical Services Health Services Education&Planning S.Response Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6420 Fox: 970-304-6412 Fox: 970-304-6416 Fox: 970-304-6411 Fox: 970-304-6452 Fox: 970-304-6469 Onr Vision toeether,c ith the coin numnies NC sen c,we are nurkinn to make Weld Counic the healthiest place to Inc,learn,work.and play. May 29, 2014 David Martinez 20328 East 48th Drive Denver, Colorado 80249 RE: Tacos y Salsas, 1923 9th Street, Greeley, Colorado FORMALIZATION OF ENFORCEMENT MEETING Dear Mr. Martinez: This letter is to formalize the meeting that was held on May 21, 2014, at the Weld County Department of Public Health and Environment (Department) concerning issues of non-compliance at Tacos y Salsas located at 1923 9th Street in Greeley, Colorado. Dan Joseph and Debra Adamson met with David Martinez (manager) and Miguel Martinez, Jr. (manager) to discuss concerns and to develop a plan of correction for the outstanding violations. At this time the Department has one main concern regarding food safety: the improper cold holding of potentially hazardous foods. However, other violations were discussed as these have the potential to become issues if not resolved. We discussed correction options with you in an attempt to ensure that these violations would not be cited on future inspections. The following were corrective actions already being taken by the facility: 1) Temperatures are being taking daily on refrigeration units. 2) Six managers for the two local stores (Evans and Greeley) attended the Spanish Weld Star on April 28, 2014. 3) Managers are onsite during all shifts. Additionally the following possible corrective actions were discussed: 1) Use of temperature logs in addition to taking of temperatures on refrigeration units. 2) Change in process: Separating tasks so that they are not all occurring at the same time. Example: designate times to perform food preparation separate from cleaning activities. 3) Employ hand washing incentives. 4) Ensure all employees obtain food safety training. 5) Hire a food safety trainer for store in question in addition for the rest of the stores located in Colorado. 6) Use of self inspection forms or self inspection app on a daily basis. Tacos y Salsas May 29. 2014 Page 2 7) The use of a third party consultant to provide an additional assessment of the facility's food safety practices. 8) Have Department conduct a focused training (on issues noted above). During our discussions, you were provided: • copies of inspection reports from March 2013 to the present • a summary showing the number and types of violations since March 2013 • copies of all enforcement letters issued since March 2013 • a manual on active managerial control entitled "Managing Food Safety: A Manual for the Voluntary use of HACCP Principles for Operators of Food Service and Retail Establishments" • refrigeration temperature logs for use in the restaurants • self-inspection forms for use at the restaurants • a demonstration of the phone app "iAuditor" for use in electronic self-inspections at the restaurants We explained that if any violations of 3e (improper cold holding of potentially hazardous foods) are cited during the next follow-up or the next regular inspection, Tacos y Salsas will be assessed a civil penalty in the amount of one thousand dollars ($1000.00) (a third civil penalty in a 12-month period) and a formal hearing will be scheduled with the Board of County Commissioners (BOCC) at which time the Department will recommend for license suspension and/or revocation. Further it was explained that if the facility has an additional civil penalty assessment for any violation before October 2014, a formal hearing will be scheduled with the BOCC at which time the Department will recommend for license suspension and/or revocation. Finally, the assessment of the current seven hundred and fifty dollar($750.00) civil penalty was discussed. Half of the assessed civil penalty was paid on this date, and receipts for applicable expenses will be accepted lieu of payment for the remaining balance of three hundred and seventy five dollars ($375.00). Receipts are due to the Department by the end of the day on June 4, 2014. We trust this letter accurately summarizes our meeting and your commitments. If it does not, or if you are unable to meet these terms, please contact us as soon as possible so that we may clarify any misunderstanding. If you have any questions, please contact Dan Joseph at 970-304-6415 extension 2206. Sincerely, Dan Joseph Debra Adamson, MPH Food Program Coordinator Consumer Protection Manager Environmental Health Services Environmental Health Services DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenuei 1861 Greeley, CO 80631 n�. r rub xealtn • web:www.weldhealth.orq , r p Health Administration Public Health 8 Clinical Environmental Health Communication,8 Emergency Preparedness , II Vital Records Services Services Education Planning &Response 970 304 6410 970 304 640 G v— NT Z Fax e 970 304 6412 Fax 9703046426 Tele 970 304 6415 Fax970 304 6411 970 304 6470 Te 970 304 6420 Fax 970 304 6452 Fax 9703046469 Our vision Together with the communities we serve we are working to make Weld County the healthiest place to live learn work and play September 23, 2013 David Martinez 1923 9th Street Greeley, Colorado 80631 RE: Tacos Y Salsas, 1923 9th Street, Greeley, Colorado SECOND NOTIFICATION OF NON-COMPLIANCE RETAIL FOOD ESTABLISHMENT Dear Mr. Martinez: On September 19, 2013, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of Tacos Y Salsas, licensed by you David Martinez, located at 1923 9th Street, in Greeley, Colorado. The purpose of this inspection was to determine compliance with the violations of the Colorado Retail Food Establishment Rules and Regulations previously noted in the First Notification of Non-Compliance dated August 28, 2013. The following item was found to be in violation of the subject regulations (* denotes a critical violation): VIOLATIONS *3e Cooked carnitas and cooked chicken found at 45-46F in the cold top table. Potentially hazardous foods shall be held cold at 41F or below. Carnitas and chicken were in the table only for an hour and so were moved back into the walk-in cooler. Corrected. REPEAT VIOLATION. This violation was also cited on August 13 and August 27, 2013. Section 3-501 A of the Colorado Retail Food Establishment Rules and Regulations states: "The temperature of potentially hazardous foods (time/temperature control for safety foods) shall be 41 degrees F or below or 135 degrees F or above, at all times, except during necessary periods of preparation or as otherwise provided in this code." Violation number 3e was also cited during inspections of this facility on August 13, 2013, and August 27, 2013, and the deficiency was corrected at time of inspection. Therefore, pursuant to sections 25-1-107, 25-1-109, 25-4-1610(c) and 25-4-1611 Colorado Revised Statutes, you as the licensee are hereby ordered to maintain correction of the deficiency so as to comply with the Colorado Retail Food Establishment Rules and Regulations. Specifically, enact and enforce Standard Operating Procedures (SOPs) to ensure ongoing compliance with the Colorado Retail Food Establishment Rules and Regulations by training employees on proper cold holding procedures and monitoring employees to ensure Tacos Y Salsas September 23, 2013 Page 2 compliance with SOPs. An example SOP has been enclosed for your use. The Weld County Department of Public Health and Environment shall assess compliance during the next follow-up inspection. Any written statement or data concerning the deficiencies set forth above will be considered by the Department. Please be advised, because the same violation has been i c ted during the previous (3) inspections, a civil penalty will be assessed during the next follow-up inspection. If you are found to be in compliance during the next inspection the assessed civil penalty will be no less than two hundred fifty dollars ($250) and no more than five hundred dollars ($500). If you are found to be in non-compliance during the next follow- up inspection, a civil penalty will be assessed that is no less than five hundred dollars ($500) and no more than one thousand dollars ($1000). A flow-chart detailing the Retail Food Establishment Civil Penalty Process has been enclosed for your information. If you need assistance in complying with this Second Notification of Non-Compliance or if there is additional information you feel we need to be aware of, please do not hesitate to contact James Taloumis at (970) 304- 6415 extension 2239. Sincerely, James Taloumis Debra Adamson, MPH Environmental Health Specialist Consumer Protection Manager Environmental Health Services Environmental Health Services cc: Dan Joseph, Food Program Coordinator, Environmental Health Services ab. : DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT yr� 4 tI r . r, i 1555 North 17th Avenue Greeley, CO 80631 u Public Health www.weldhealth.org Health Administration Public Health S. Environmental Communication. Emergency Preparedness Vital Records Clinical Services Health Services Education 8 Planning It 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 Fox: 970-304-6411 Fax: 970-304-6452 Fox: 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. January 14,2014 David Martinez 1923 9th Street Greeley, Colorado, 80631 RE: Tacos y Salsas, 1923 9'" Street, Greeley, Colorado COMPLIANCE WARNING RETAIL FOOD ESTABLISHMENT Dear Mr. Martinez: On January 10,2014, an Environmental Health Specialist with the Weld County Department of Public Health and Environment conducted a follow-up inspection of the Tacos y Salsas, licensed by David Martinez, located at 1923 9th Street, in Greeley, Colorado, to determine compliance with the Notice of Civil Penalty issued by the Weld County Department of Public Health and Environment to Tacos y Salsas on October 9,2013. The establishment was found to be in compliance with the subject Notice of Civil Penalty. However, please be advised that if violations of the item 3e(improper cold holding)of the Colorado Retail Food Establishment Rules and Regulations as cited in the Notice of Civil Penalty of October 9,2013,are found to exist during the next regular inspection, a Second Notification of Civil Penalty will be issued and you,as licensee, will be subjected to an assessment of a civil penalty of not less than seven hundred fifty dollars($750)nor more than one thousand dollars($1,000)and your attendance will be requested at an Enforcement Meeting to be held at the Department. Should you have any questions concerning this correspondence or if you desire any assistance, please feel free to contact James Taloumis at(970)304-6415 extension 2239. Sincerely, James Taloumis Dan Joseph Environmental Health Specialist Food Program Coordinator Environmental Health Services Environmental Health Services cc: Debra Adamson, MPH,Consumer Protection Manager, Environmental Health Services Hello