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Ex. DUT-NM-018 Standing duty Primary source read

Notice of Immediate Food Service Permit Suspension, Jalisco Cafe, Permit No. 000228 (May 22, 2020)

Enforcement instrument suspending a restaurant's food service permit for dine-in operation 'given the public health emergency declared by the Governor... and the Public Health Order issued by the Secretary of the Department of Health (May 15, 2020)'

New Mexico Environment Department, Environmental Health Bureau · New Mexico (State)

Open exhibit (PDF, 279 KB)Source (opens in a new tab)
The COVID Project

The record

Jurisdiction
New Mexico
Level
State
Authority
Food Service Sanitation Act, NMSA 1978, § 25-1-9 (immediate suspension), § 25-1-12 (enforcement); 7.6.2.8 NMAC; Executive Order 2020-030 (May 15, 2020); Public Health Order of May 15, 2020 (Ex. NM-016)
Issued
2020-05-22 May 22, 2020
Effective
2020-05-22 (effective when communicated, § 25-1-9) (read as 2020-05-22)
End
Until cure and reinstatement (read as 2020-06-30)
In force
May 22, 2020 to June 30, 2020
Quarters
2020 Q2
Limitation types
Business closureOperating condition
Addressees
  • specified businesses: the permittee (a food service establishment)
Character
sanitary code duty
Collection
Standing duties: New Mexico DUT-NM

Operative words

the food service permit for Jalisco Cafe... is immediately suspended for violating the Food Service and Sanitation Act. The Permittee is operating in a manner that presents a substantial danger of illness, serious physical harm or death to consumers who patronize the food service establishment for dine in service given the public health emergency declared by the Governor

Penalty

Permit suspension; injunction; civil penalty up to $500 per violation, each violation a separate offense (§ 25-1-12)

What it required

Closed the establishment's food service by suspending its permit, treating dine-in operation against the public health order as a condition presenting 'a substantial danger of illness, serious physical harm or death' under § 25-1-9, and warned that continued operation would bring an injunction and a $500 civil penalty for each violation under § 25-1-12.

Retrieval note

The Department's own notice, still live on env.nm.gov; a parallel notice issued the same day to Anaheim Jacks LLC (Ruidoso) at https://www.env.nm.gov/wp-content/uploads/2020/05/2020-05-22-EPD-EHB-Notice-of-Food-Permit-Suspension-Anaheim-Jacks-LLC-Final.pdf (not separately saved). The notice quotes § 25-1-9 in full and § 25-1-12's injunction and penalty terms.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.