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Facility: Smiley's Shell
Address: 1405 Martin Luther King Jr Way, Merced, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 12.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 5-17-2019: Satisfactory (Total Points: 12.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
5-17-2019 Exhaust hoods shall be provided to remove toxic gases, heat, grease, vapors, and smoke and be approved by the local building department. Canopy-type hoods shall extend 6" beyond all cooking equipment. All areas shall have sufficient ventilation to facilitate proper food storage. Toilet rooms shall be vented to the outside air by a screened openable window, an air shaft, or a light-switch activated exhaust fan, consistent with local building codes. (114149, 114149.1) Adequate lighting shall be provided in all areas to facilitate cleaning and inspection. Light fixtures in areas where open food is stored, served, prepared, and where utensils are washed shall be of shatterproof construction or protected with light shields. (114149.2, 114149.3, 114252, 114252.1) 4.00 All areas shall have sufficient ventilation to facilitate proper food storage and to provide a reasonable condition of comfort for each employee, consistent with the job performed by the employee.

Light fixtures in areas where food is prepared, open food is stored, or utensils are cleaned shall be of shatterproof construction or shall be protected with shatterproof shields and shall be readily cleanable. In every room and area in which any food is prepared, manufactured, processed, or prepackaged, or in which equipment or utensils are cleaned, sufficient natural or artificial lighting shall be provided to produce the following light intensity, while the area is in use:
(a) At least 10-foot candles for the following:
(1) At a distance of 30 inches above the floor, in walk-in refrigeration units, and dry food storage areas.
(2) At a working surface on which alcoholic beverages are prepared or where utensils used in the preparation or service of alcoholic beverages are cleaned.
(3) Inside equipment, such as reach-in or under-the-counter refrigerators.
(b) At least 20-foot candles for the following:
(1) At a surface where food is provided for consumer self-service or where fresh produce or prepackaged foods are sold or offered for consumption.
(2) In server stations where food is prepared.
(3) At a distance of 30 inches above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms.
(c) Except in server stations where food is prepared, at least 50-foot candles at a surface where a food employee is working with food or working with utensils or equipment such as knives, slicers, grinders, or saws where employee safety is a factor.
REPEAT VIOLATION (3rd time)
Observed the light fixtures in the storage room will not turn on. Replace and / or repair fixture. Failure to provide adequate lighting.
0110 RETAIL MARKET<2000 SQ FT (HM3)
5-17-2019 A food facility shall not be open for business without a valid permit. (114067(b) & (c), 114365, 114365.5, 114381, 114381.1 114381.2, 114387, 114390) 2.00 Pay the required annual permit fees. Renewal fees for existing permits for each calendar year are assessed and due in January of each year.

For purposes of enforcement, an enforcement officer may, during the facility's hours of operation and other reasonable times, enter, inspect, issue citations to, and secure any sample, photographs, or other evidence from a food facility or any facility suspected of being a food facility, or a vehicle transporting food to or from a retail food facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the enforcement agency, or upon the request of an incident commander. It is a violation for any person to refuse to permit entry or inspection, or interfere with the performance of the duties of an enforcement officer, including making verbal or physical threats or sexual or discriminatory harassment.

Close the facility until a permit is obtained from the Division of Environmental Health.
Observed lack of the current health permit being posted within the facility. Ensure that the current valid health permit is posted within the facility. 0110 RETAIL MARKET<2000 SQ FT (HM3)
5-17-2019 Toilet facilities shall be maintained clean, sanitary and in good repair. Toilet rooms shall be separated by a well-fitting self-closing door. Toilet tissue shall be provided in a permanently installed dispenser at each toilet. The number of toilet facilities shall be in accordance with local building and plumbing ordinances. Toilet facilities shall be provided for patrons: in establishments with more than 20,000 sq ft.; establishments offering on-site food consumption. (113953, 113953.1, 113953.2, 114250, 114250.1, 114276) 2.00 Provide clean toilet facilities in good repair. Provide permanently installed toilet tissue dispenser(s) in all toilet facilities. Provide handwashing facilities within or adjacent to all toilet facilities. Soap shall be provided in dispensers at, or adjacent to, handwashing facilities. Single-use sanitary towels in dispensers or hot-air blowers shall be provided at handwashing facilities.

Customer restrooms are required for food facilities of more than 20,000 square feet if they were constructed after July 1 1984, and also applies to facilities of any size that were constructed after January 1, 2004 where there is onsite consumption of food. A "take-out only" food facility, with no seating indoors or outdoors, may not be required to provide customer restrooms. Check with the Division of Environmental Health and with the appropriate Planning Department before removing or restricting access to customer restrooms.
Observed both the men's and women's restroom hand sinks are pulling away from the wall. Tighten and reseal to the wall.

Observed the window of the men's restroom is broken. Replace.
0110 RETAIL MARKET<2000 SQ FT (HM3)
5-17-2019 All nonfood contact surfaces of utensils and equipment shall be clean. (114115, 114130.4) 2.00 Clean nonfood contact surfaces of equipment at a frequency necessary to prevent accumulation of residue. REPEAT VIOLATION
Observed the air dryers have a build up of rust. Remove rust and repaint.
Improve cleaning frequency and methods to ensure all equipment is kept in an appropriate state of cleanliness; ensure all equipment surfaces are smooth and easily cleanable, and all potential food contact surfaces are sanitized on a regular basis.
0110 RETAIL MARKET<2000 SQ FT (HM3)
5-17-2019 An adequate, protected, pressurized, potable supply of hot water and cold water shall be provided at all times. (113953(c), 114099.2(b) 114101(a), 114189, 114192, 114192.1, 114195) 2.00 Provide hot and cold water under pressure through a mixing valve to each sink compartment. The water supply shall be from a water system approved by the health officer or the state department. An adequate, protected, pressurized, potable supply of hot water, at least 120°F, and cold water shall be provided.

Handwashing facilities shall be equipped to provide warm water under pressure for a minimum of 15 seconds. If the temperature of water provided is not readily adjustable at the faucet, the temperature of the water shall be at least 100°F, but not greater than 108°F. Handwashing facilities shall be sufficient in number and conveniently located so as to be accessible at all times for use by food employees
Observed the water temperature at the janitorial sink was fluctuating between 111F and 119F. Provide hot and cold water under pressure through a mixing valve to the janitorial sink. Hot water shall be at least 120ºF. Recommend installing a hot water heater with a minimum capacity of10-20 gallons to ensure you always have 120F water. Current water heater is only 6 gallons. 0110 RETAIL MARKET<2000 SQ FT (HM3)


Rating on date 3-08-2018: Satisfactory (Total Points: 12.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
3-08-2018 Handwashing signs shall be posted in each toilet room, directing attention to the need to thoroughly wash hands after using the restroom. (113953.5)

No smoking signs shall be posted in food preparation, food storage, and warewashing areas. (113978)

Consumers shall be notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets. (114075)

Any food facility constructed before January 1, 2004 without public toilet facilities shall prominently post a sign within the food facility in a public area stating that toilet facilities are not provided. (113725.1, 114276, 114381 (e))
2.00 Post permit in a conspicuous place (It is recommended that the permit be in customer view.). Post a notice advising patrons that a copy of the most recent routine inspection report is available for review by interested parties. Keep a copy of the most recent health inspection report at the facility for customer review purposes.

Post and maintain a legible and conspicuous sign in each toilet room directing attention to the need to thoroughly wash hands after using the toilet.

Post and maintain a legible "No Smoking" sign in food preparation, food storage, and utensil washing areas.

Observed lack of knowledge of the location of a copy of the most recent health inspection at the facility location. Maintain a copy of the most recent health inspection at the facility location, and ensure that employees are aware of its whereabouts and can provide a copy for customer inspection during all hours of operation. A new copy of most recent inspection report is being provided to the facility on this date. Corrected during inspection. 0110 RETAIL MARKET<2000 SQ FT (HM3)
3-08-2018 Exhaust hoods shall be provided to remove toxic gases, heat, grease, vapors, and smoke and be approved by the local building department. Canopy-type hoods shall extend 6" beyond all cooking equipment. All areas shall have sufficient ventilation to facilitate proper food storage. Toilet rooms shall be vented to the outside air by a screened openable window, an air shaft, or a light-switch activated exhaust fan, consistent with local building codes. (114149, 114149.1) Adequate lighting shall be provided in all areas to facilitate cleaning and inspection. Light fixtures in areas where open food is stored, served, prepared, and where utensils are washed shall be of shatterproof construction or protected with light shields. (114149.2, 114149.3, 114252, 114252.1) 4.00 All areas shall have sufficient ventilation to facilitate proper food storage and to provide a reasonable condition of comfort for each employee, consistent with the job performed by the employee.

Light fixtures in areas where food is prepared, open food is stored, or utensils are cleaned shall be of shatterproof construction or shall be protected with shatterproof shields and shall be readily cleanable. In every room and area in which any food is prepared, manufactured, processed, or prepackaged, or in which equipment or utensils are cleaned, sufficient natural or artificial lighting shall be provided to produce the following light intensity, while the area is in use:
(a) At least 10-foot candles for the following:
(1) At a distance of 30 inches above the floor, in walk-in refrigeration units, and dry food storage areas.
(2) At a working surface on which alcoholic beverages are prepared or where utensils used in the preparation or service of alcoholic beverages are cleaned.
(3) Inside equipment, such as reach-in or under-the-counter refrigerators.
(b) At least 20-foot candles for the following:
(1) At a surface where food is provided for consumer self-service or where fresh produce or prepackaged foods are sold or offered for consumption.
(2) In server stations where food is prepared.
(3) At a distance of 30 inches above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms.
(c) Except in server stations where food is prepared, at least 50-foot candles at a surface where a food employee is working with food or working with utensils or equipment such as knives, slicers, grinders, or saws where employee safety is a factor.
REPEAT VIOLATION
Observed the light fixtures in the storage room will not turn on. Replace and / or repair fixture. Failure to provide adequate lighting.
0110 RETAIL MARKET<2000 SQ FT (HM3)
3-08-2018 Toilet facilities shall be maintained clean, sanitary and in good repair. Toilet rooms shall be separated by a well-fitting self-closing door. Toilet tissue shall be provided in a permanently installed dispenser at each toilet. The number of toilet facilities shall be in accordance with local building and plumbing ordinances. Toilet facilities shall be provided for patrons: in establishments with more than 20,000 sq ft.; establishments offering on-site food consumption. (113953, 113953.1, 113953.2, 114250, 114250.1, 114276) 4.00 Provide clean toilet facilities in good repair. Provide permanently installed toilet tissue dispenser(s) in all toilet facilities. Provide handwashing facilities within or adjacent to all toilet facilities. Soap shall be provided in dispensers at, or adjacent to, handwashing facilities. Single-use sanitary towels in dispensers or hot-air blowers shall be provided at handwashing facilities.

Customer restrooms are required for food facilities of more than 20,000 square feet if they were constructed after July 1 1984, and also applies to facilities of any size that were constructed after January 1, 2004 where there is onsite consumption of food. A "take-out only" food facility, with no seating indoors or outdoors, may not be required to provide customer restrooms. Check with the Division of Environmental Health and with the appropriate Planning Department before removing or restricting access to customer restrooms.
REPEAT VIOLATION (3rd time)
Observed the men's restroom sink needs to be resealed to the wall. Seal.
0110 RETAIL MARKET<2000 SQ FT (HM3)
3-08-2018 All nonfood contact surfaces of utensils and equipment shall be clean. (114115, 114130.4) 2.00 Clean nonfood contact surfaces of equipment at a frequency necessary to prevent accumulation of residue. Observed spider web buildup on ceilings of the janitorial room and the storage room.
Observed the floors in the men's restroom require improved cleaning.
Observed the air dryers havea build up of rust. Remove rust and repaint.
Improve cleaning frequency and methods to ensure all equipment is kept in an appropriate state of cleanliness; ensure all equipment surfaces are smooth and easily cleanable, and all potential food contact surfaces are sanitized on a regular basis.
0110 RETAIL MARKET<2000 SQ FT (HM3)