BEFORE THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

STATE OF COLORADO
Case No. 20-25

ORDER LIFTING SUMMARY SUSPENSION

COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Petitioner,
v.
Cookies and Crema, LLC
d/b/a C & C Breakfast and Korean Kitchen (Licensee),
Jesse Arellano (Owner), and
April Arellano (Owner),
Respondents.

On May 11, 2020, the Colorado Department of Public Health and Environment
summarily suspended retail food establishment license number 30-78654, issued to Cookies and
Crema, LLC d/b/a C & C Breakfast and Korean Kitchen (Licensee) and Jesse and April Arellano
(Owners), permitting operation of the retail food establishment at 4284 Trail Boss Drive, Suite
100, Castle Rock, Colorado, 80104, in Douglas County Colorado. At the request of Respondents,
and due to a change in circumstances and Respondents’ position, the Department finds that:
1. The summary suspension was prompted by complaints that the Restaurant was not being
operated in compliance with Executive Order D 2020 044, Safer at Home, and Public Health
Order 20-28, Safer at Home, (together the Orders) which were issued to protect the public
health from the transmission in the community of COVID-19.
2. Tri-County Health Department (TCHD) visited the Restaurant on numerous occasions to
evaluate the situation and to speak with the Owners. The Owners indicated that they would
not comply with the Orders.

3. The Department found and determined, upon information obtained from an investigation,
that the Restaurant was not complying with the Orders. Those actions, in connection with
conditions in the Restaurant, including that it was not employing social distancing or
requiring the use of face coverings for employees, led the Department to conclude that the
Restaurant posed an imminent health hazard as defined in the Colorado Food Protection Act.
4. As such, the Department concluded that that it had objective and reasonable grounds to
believe, upon full investigation, that the Restaurant was deliberately and willfully violating
 the Orders, that the public health, safety, and welfare imperatively required emergency
action, and that the Restaurant posed an imminent health hazard to the public. C.R.S.
§§ 24-4-104(4)(a); § 25-4-1611.5(9)(a).

5. Therefore, the Department summarily suspended the Restaurant’s license, and determined
that the license must be suspended as long as the Restaurant was in violation of the Orders.

6. Since that time, the Orders have been superseded by new executive orders and public health
orders as Colorado moved from the Stay at Home phase of its COVID-19 pandemic response
to the Safer at Home phase of that response.

7. The current controlling public health order is Fifth Amended Public Health Order 20-28
Safer at Home and in the Vast, Great Outdoors, issued June 2, 2020, which permits
restaurants to reopen as long as they comply with the requirements in the order, including
Appendix I to the order.

8. The Respondents in this action have agreed that they will operate the Restaurant in
compliance with any public health orders applicable to a restaurant setting, including Fifth
Amended Public Health Order 20-28 Safer at Home and in the Vast, Great Outdoors. As
such, they have asked the Department to lift the summary suspension.

9. Under these circumstances, and with this agreement, the Department finds and determines
that the circumstances that led it to summarily suspend the license have been resolved.

10. As required by Colorado law, an establishment that has had its license suspended may not
reinitiate operations without the prior approval of the Department or TCHD. C.R.S.
§ 25-4-1611.5(10). The Department finds that the Restaurant should be reinspected by TCHD
prior to reopening, and should demonstrate how it intends to comply with current public
health orders. Once it has obtained approval from TCHD, the Restaurant may reopen.

THEREFORE, IT IS HEREBY ORDERED that the summary suspension of retail food

establishment license number 30-78654 belonging to Cookies and Crema, LLC d/b/a C & C
Breakfast and Korean Kitchen and Jesse and April Arellano to operate a retail food establishment
at 4284 Trail Boss Drive, Suite 100, Castle Rock, Colorado 80104 is hereby lifted once the
Restaurant has been reinspected by TCHD to demonstrate how it will comply with the current
public health orders, and once it receives approval from TCHD to reopen. The Restaurant may
reopen once it has approval from THCD. Respondents must continue to operate the Restaurant in
compliance with Fifth Amended Public Health Order 20-28 Safer at Home and in the Vast, Great
Outdoors, and any applicable successor orders.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

_______________________________________ June 4, 2020

Jill Hunsaker Ryan, MPH Date
Executive Director
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, Colorado 80246-1530

CERTIFICATE OF SERVICE

This is to certify that I have duly served a copy of this ORDER LIFTING SUMMARY
SUSPENSION by causing a copy to be sent to the Licensee and Owners by email on this 4th day
of June 2020, and by first class mail, postage pre-paid, at the following addresses:

Cookies and Crema, LLC

d/b/a C & C Breakfast and Korean Kitchen
Jesse Arellano
April Arellano
4284 Trail Boss Drive, Suite 100
Castle Rock, Colorado 80104
info@cookiesandcrema.com
Randy Corporon
Law Offices of Randy B. Corporon, PC
2821 S Parker Road, Suite 555
Aurora, CO 80014
rbc@corporonlaw.com
Counsel for Respondents

s/ Kelly Olson