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  3. DUT-CO-015

Ex. DUT-CO-015 Standing duty Primary source read

C.R.S. §§ 25-4-1609 (Disciplinary actions - closure - revocation - suspension - review) and 25-4-1611 (Violation - penalties)

Disciplinary actions - closure - revocation - suspension - review; Violation - penalties

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018) · Colorado (State)

The COVID Project

The record

Jurisdiction
Colorado
Level
State
Authority
C.R.S. title 25, art. 4, part 16 (retail food establishments; the Colorado Food Protection Act as CDPHE styled it in May 2020)
Issued
2018-10-01 Oct. 1, 2018
Effective
In force throughout 2020 Q2 - 2021 Q3 (read as 2018-10-01)
End
standing (read as 2021-09-30)
In force
Standing since Oct. 1, 2018 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • specified businesses (retail food establishments: restaurants, bars serving food, grocery and other licensed food service)
Character
sanitary code duty
Collection
Standing duties: Colorado DUT-CO

Operative words

(2) Except in cases of closure due to an imminent health hazard, proceedings for the revocation or suspension of a license or certificate of license may not be commenced until after the imposition of the penalties prescribed by section 25-4-1611. The maximum period of suspension is one month.

Penalty

Civil penalty 'of not less than two hundred fifty dollars and not more than one thousand dollars' (§ 25-4-1611(1)); license suspension up to one month or revocation (§ 25-4-1609(1)-(2)); closure for imminent health hazard; cease-and-desist order (§ 25-4-1609(2.5))

What it required

Made every retail food establishment's license subject to suspension or revocation by CDPHE or a county or district board of health for violation of part 16, its rules or license conditions, to immediate closure for an imminent health hazard, to cease-and-desist orders, and to civil penalties of $250 to $1,000 per violation after written notice; the licensing vehicle through which CDPHE enforced the dine-in closures of PHO 20-22 and PHO 20-28.

Retrieval note

Pin: pp. 362-364 of 1,048 (§ 25-4-1609 pp. 362-363; § 25-4-1611 p. 364). Same file as DUT-CO-001. § 25-4-1609(1): CDPHE 'or a county or district board of health may, on its own motion or complaint and after an investigation and hearing at which the licensee is afforded an opportunity to be heard, suspend or revoke a license or certificate of license for any violation of this part 16, any rule adopted pursuant to this part 16, or any of the terms, conditions, or provisions of such license'. Application in the period (verified_secondary, contemporaneous press: Colorado Community Media, May 11, 2020; Colorado Springs Gazette, May 11 and 26, 2020; CPR, May 11, 2020): after C&C Coffee and Kitchen in Castle Rock reopened its dining room on May 10, 2020 in violation of PHO 20-28, Tri-County Health Department ordered it closed May 11 and CDPHE suspended its license May 12, 2020 under the Colorado Food Protection Act as an 'immediate health hazard'; The Attorney General's FAQ (Ex. DUT-CO-010) names 'a restaurant or liquor license' as the licenses at stake.