Flathead City-County Board of Health and County Health Officer Joe  Russell agreed Thursday to issue an ultimatum to Margrit Matter, owner of Swan River Inn in Bigfork, to take a course to improve food safety or face the threat of legal action to close the restaurant.

At the regular July board meeting, members were updated by sanitation inspector Kate Cassidy on the ongoing attempts to work with Matter on a plan of compliance. Over three inspections, the restaurant only raised its C- grade to a C+ at the June 25 visit.

At that inspection, Cassidy found:

• The C grade card not posted.

• No three-compartment sink  was installed as required for manual dishwashing.

• Inadequately cleaned facilities including floors, walls, ceilings and equipment.

• Potentially hazardous ready-to-eat food not properly dated.

• Potentially hazardous cold food not maintained with an internal temperature of 41 degrees F.

• Floors and wall coverings were found not smooth and durable for easy cleaning.

• Failure to comply with the plan of compliance as required by board of health policy.

• Misuse of porous materials such as wood, cast iron, plastic or rubber for food contact equipment.

Cassidy’s chronology included a description of a confrontational visit to the restaurant by herself and Russell on July 6 in which Matter denied them access to the kitchen for the first 10 minutes, asking them to come back later. After telling her that her food license was in jeopardy, Russell and Cassidy were allowed to make a “walk-through inspection” to identify food safety issues with her.

According to Cassidy, dating of food products in coolers had improved but other problems remained unresolved.  She said many of the violations such as the floor, ceiling and sink violations may continue for some time.

Cassidy also asked Matter when she intends to take the food-safety course as required in the plan of compliance. She said she intended to have her kitchen manager take the course but Cassidy said that she, as the owner, needed to take the course.

Matter was supposed to contact Cassidy on July 9 to talk about food safety training but she waited until July 16. During that call, she said she was having trouble navigating the website so information was faxed to her about the “ServSafe” course offered on Aug. 9 at Flathead Valley Community College.

The restaurant was found closed on July 16 but the department expects to return for a follow-up inspection shortly when the restaurant is open.

Board member Dr. David Myerowitz called her lack of action “a slap in the face” and asked if she was given deadlines for compliance items like the training.

Cassidy said that is usually worked out with the owner of a facility. Russell said he had never seen anyone just ignore sanitation inspection findings.

“I don’t think she is really getting it,” he said.

Russell said that Swan River Inn used to operate in a “restaurant style kitchen” but Matter had moved to a “staging type of kitchen.

“Her menu clearly exceeds the kitchen’s potential,” he said. “That happens a lot. If you have a big menu, you have to have the area to prepare it.”

Russell said this was made clear to Matter, that she had to clear up the clutter in the staging kitchen and that she didn’t have the facilities to handle the menu so “something had to go.” He said she must make progress or the department needed to consider more severe action.

Deputy Flathead County Attorney Tara Fugina advised that closing the restaurant would take action by a judge and require substantial evidence of a public safety threat. She agreed that a letter threatening legal action was appropriate if Matter ignores reasonable deadlines for action.

Russell and the board decided to require Swan River Inn’s owner to successfully complete the food safety course offered Aug. 9 or face legal action to close the restaurant.

Board chairman Glen Aasheim said it was important to tell Matter that their goal is to help her run a better operation. Board member Dr. Wayne Miller said the board had more at stake here than bringing one restaurant in compliance.

“We’re also dealing with the integrity of the program,” he said.