Caterer again accused of operating without license in Larimer County

A caterer who was previously found operating in Larimer County without a license is once again facing a similar accusation.

Larimer County's health department is looking into an Oct. 6 complaint alleging that Z Catering, Staffing & Events had changed its name and was operating without a retail food establishment license back in August, department spokesperson Kori Wilford told the Coloradoan.

The complainant — Northern Colorado nonprofit Nestled in the NICU — alleges that owner Kent Cottle did not have a retail food establishment license when he signed a contract to cater the nonprofit's August gala at Aims Community College.

The lack of licensure came out in the days leading up to the 200-person event, leaving the small nonprofit scrambling to find a new caterer on a few days' notice, according to its founder and director Nicole Cox.

Cottle told the Coloradoan that he was the owner of Z Catering, Staffing & Events and Adventure Chefs — which Nestled in the NICU hired earlier this year — but that both catering companies have since disbanded.

Adventure Chefs was formed Aug. 15 and was in good standing with the Colorado Secretary of State's office as of Monday. Z Catering, Staffing & Events was formed in 2016 and became delinquent late last year after failing to file a periodic report with the Secretary of State, according to the office's website.

Cottle has denied any wrongdoing in the Nestled in the NICU event, instead telling the Coloradoan that he had always planned to connect the nonprofit with a licensed restaurant or catering company and then have said restaurant or caterer contract him to prepare its food.

When the restaurant he planned to work with "dropped the ball" by not getting back to him in time, Cottle said it became clear that Nestled in the NICU would have to go in a different direction.

Cottle declined to name what restaurant he planned to work with on the Nestled in the NICU event. He also declined to name any restaurant or catering company he's previously entered into such an arrangement with.

When asked about Cottle's arrangement of connecting potential clients with licensed caterers or restaurants and then contracting with them to make the event's food, Larimer County Environmental Health Director Chris Manley said it was "a unique setup."

"The basis of our rules is we want the person preparing and serving the food to hold the license to make sure we can work with them and make sure they’re safely operating," Manley told the Coloradoan, adding that typically, caterers hold their own retail food establishment licenses while operating out of commercial kitchens.

Cottle's arrangement would be allowed if he was contracted by an establishment that holds a retail food establishment license and was cooking food in that licensed establishment's approved facility. If Cottle was preparing the food anywhere other than where the licensed establishment's license was issued, it would not meet Colorado Retail Food Establishment Regulations, Manley told the Coloradoan.

Most commercial Colorado food establishments must be approved for a food establishment license and are subject to inspection, per state health codes. If a catering business is operating out of a commercial kitchen in Larimer County, they would need to hold a retail food establishment license in the county, Manley added.

If it's determined that an establishment is in violation of these requirements, a notice of violation is issued by the county health department and could lead to a potential fine of $250 to $1,000, Wilford told the Coloradoan.

Cottle has never held a retail food establishment license in Larimer County, according to Wilford. There is no retail food establishment listed for him, Z Catering, Staffing & Events or Adventure Chefs in Weld County, the Weld County Department of Public Health & Environment said Monday.

Z Catering, Staffing & Events was recommended to Nestled in the NICU as they started looking for caterers for their annual gala early this year, according to Cox. In April — after working with Cottle to plan the event's menu — Cox said the nonprofit signed a contract with Adventure Chefs, which Cottle told her he was changing Z Catering, Staffing & Events' name to.

The contract broke down the cost of food for 200 people and included busing, setup and breakdown services to the tune of $7,240, which Cox said the nonprofit paid in full. A copy of the contract reviewed by the Coloradoan did not mention another catering company or restaurant taking over the event.

Cox said Cottle never said he'd be utilizing the services of any other restaurant or catering company until the days leading up to the event when it became clear he didn't have a retail food establishment license and therefore wouldn't be able to cater the event, per Aims Community College policy.

The school requires caterers to provide copies of their retail license, sales tax license, W9 and proof of insurance in order to use their facilities, according to an Aims spokesperson.

Cottle said he tried to connect Cox with alternate caterers who could take on the job. Cox said she declined and opted to find a replacement on her own. Nestled in the NICU was eventually refunded the full $7,240 fee, both Cox and Cottle said.

When confronted about his lack of a food establishment license in August, Cox said Cottle told her he was operating out of a licensed prep kitchen in Larimer County, and that he didn't know he needed a separate retail license to run his catering business.

Cottle denied saying this to Cox or ever having heard of said prep kitchen in his interview with the Coloradoan. The Larimer County health department was also told Cottle had never worked in the prep kitchen when they started investigating the Oct. 6 complaint, according to Wilford.

Looking back on county's 2018 order to shut down

Nestled in the NICU's complaint comes five years after Larimer County ordered Z Catering, Staffing & Events to shut down after learning Cottle was catering local events without a license, including Fort Collins' 2018 State of the City event.

In 2018, Cottle likened his lack of retail license to a misunderstanding, telling the Coloradoan at the time that he thought he didn't need his own license if he was working out of a licensed kitchen.

Following the health department's orders, Cottle told the Coloradoan in 2018 that he canceled all future events, notified clients and was "working to get everything in order and reopen in the future."

In his most recent interview with the Coloradoan on Thursday, he claimed the 2018 article lacked context and "slandered" organizations mentioned in it, though he would not identify which organizations. Besides Z Catering, the only entities or businesses mentioned in the article were the city of Fort Collins, which hired Cottle to cater its State of the City event earlier that year, and The Articulate — a former Old Town co-working space Cottle had operated his catering business out of, per the Coloradoan's 2018 reporting.

As of Monday, Wilford said Larimer County's consumer protection team had not been able to reach Z Catering, officially confirm its owner's name or find an address to send a notification of violation to, essentially tying the county's hands.

Cottle told the Coloradoan Thursday that he has been in an area with poor cell reception for the past two weeks and, therefore, had been out of touch.

Since the complaint, Larimer County's health department has contacted two nonprofits that have reportedly worked with, or were planning to work with, Cottle and recommended they verify a caterer is licensed before using their services.

Wilford also said the health department recommends individuals and agencies do the same thing. Larimer County food establishment inspection reports, including inspection reports for catering businesses, can be found on the county's online inspection portal.

This article originally appeared on Fort Collins Coloradoan: Caterer again accused of operating without license in Larimer County