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Facility: American Legion Post #83
Address: 939 W Main St., Merced, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 10.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 5-09-2019: Satisfactory (Total Points: 10.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
5-09-2019 Handwashing soap and single use towels or drying device shall be provided in dispensers adjacent to each handwashing facility; dispensers shall be maintained in good repair. (113953.2) Adequate separate facilities shall be provided for handwashing, food preparation, and the washing of utensils and equipment. (113953, 113953.1) 2.00 Handwashing facilities shall be sufficient in number and conveniently located so as to be accessible at all times for use by food employees. Employees shall not clean their hands in a sink used for food preparation, warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste. Do not place objects in front of the handwashing station, and do not place items, utensils or wiping cloths in the handwashing sink.

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. Soap shall be provided in approved dispensers at, or adjacent to, handwashing facilities (no bars of soap). Single-use sanitary towels or hot-air blowers shall be provided at handwashing facilities in approved dispensing devices.
Observed lack of paper towels in a functioning paper towel dispenser or a functioning air hand drying unit adjacent to the hand washing sink in the bar area. Provide a functioning paper towel dispenser adjacent to the handwashing sink and keep paper towel dispensers properly filled, or an air hand drying unit functional, to provide a sanitary method for hand drying at all times. 0123 BAR
5-09-2019 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. Observed dirt, grime, and / or food particle buildup inside the two floor sinks in the bar area. 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. 0123 BAR
5-09-2019 The potable water supply shall be protected with a backflow or back siphonage protection device, as required by applicable plumbing codes. (114192) All plumbing and plumbing fixtures shall be installed in compliance with local plumbing ordinances, shall be maintained so as to prevent any contamination, and shall be kept clean, fully operative, and in good repair. Any hose used for conveying potable water shall be of approved materials, labeled, properly stored, and used for no other purpose. (114171, 114189.1, 114190, 114192.1, 114193, 114193.1, 114195, 114197, 114199, 114201, 114269) 2.00 All plumbing and plumbing fixtures shall be installed in compliance with local plumbing ordinances, shall be maintained so as to prevent any contamination, and shall be kept clean, fully operative, and in good repair. Observed lack of one inch minimum air gap between the drain line coming from the keg refrigerator in the bar area and the rim height of the floor sink. Repair or modify drain lines so that the distance between the lowest edge of the drain lines and the height of the floor sink rim allows for a minimum of a one inch air gap. 0123 BAR
5-09-2019 An accurate easily readable metal probe thermometer suitable for measuring temperature of food shall be available to the food handler. A thermometer +/- 2°F shall be provided for each hot and cold holding unit of potentially hazardous foods and high temperature warewashing machines. (114157, 114159) 2.00 Have a thermometer accurate to within 2°F or 1°C in each hot and cold holding unit. Have a metal probe type thermometer readily available on premises (to all appropriate staff) that is calibrated in accordance with the manufacturer's specifications as necessary to ensure accuracy. Failure to have a readily visible thermometer affixed to the warmest part of the refrigeration unit.
Observed lack of thermometers in some of the cooling units in the kitchen and bar. Provide.
Have a thermometer accurate to within 2ºF or 1ºC in each refrigeration unit, as practicable. Note that product mimicking sensors placed in devices located in the warmest part of the mechanically refrigerated unit may be approved in lieu of an ambient air sensor.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
5-09-2019 The potable water supply shall be protected with a backflow or back siphonage protection device, as required by applicable plumbing codes. (114192) All plumbing and plumbing fixtures shall be installed in compliance with local plumbing ordinances, shall be maintained so as to prevent any contamination, and shall be kept clean, fully operative, and in good repair. Any hose used for conveying potable water shall be of approved materials, labeled, properly stored, and used for no other purpose. (114171, 114189.1, 114190, 114192.1, 114193, 114193.1, 114195, 114197, 114199, 114201, 114269) 0.00 All plumbing and plumbing fixtures shall be installed in compliance with local plumbing ordinances, shall be maintained so as to prevent any contamination, and shall be kept clean, fully operative, and in good repair. POINTS CITED ON BAR REPORT
Observed the drain line under the two compartment utensil washing sink in the kitchen area is leaking. Repair.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
5-09-2019 The premises of each food facility shall be kept clean and free of litter and rubbish; all clean and soiled linen shall be properly stored; non-food items shall be stored and displayed separate from food and food-contact surfaces; the facility shall be kept free of vermin. (114067 (j), 114123, 114143 (a) & (b), 114175, 114178, 114185, 114185.1, 114185.2, 114185.3, 114185.4, 114256, 114256.1, 114256.2, 114256.4, 114257, 114257.1, 114259, 114259.1, 114259.2, 114259.3, 114279, 114281, 114282) 2.00 All food facilities shall be kept clean, fully operative, and in good repair. A food facility shall at all times be so constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects. The premises of each food facility shall be kept clean and free of litter, rubbish, and vermin.

Lockers or other suitable facilities shall be provided and used for the orderly storage of employee clothing and other possessions. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-use articles cannot occur. Dressing rooms or dressing areas shall be provided and used by employees if the employees regularly change their clothes in the facility.
Observed a hole in the window above the two compartment sink in the kitchen. Seal hole. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)


Rating on date 1-26-2018: Good (Total Points: 0.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
1-26-2018 No violations were noted during this inspection. 0.00 This food facility currently meets California Retail Food Code requirements, and is authorized by the Merced County Division of Environmental Health to be open for business. The permit is issued to the current business owner of record and is non-transferable. All violations from the previous inspection have been corrected. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
1-26-2018 No violations were noted during this inspection. 0.00 This food facility currently meets California Retail Food Code requirements, and is authorized by the Merced County Division of Environmental Health to be open for business. The permit is issued to the current business owner of record and is non-transferable. All violations from the previous inspection have been corrected. 0123 BAR


Rating on date 12-21-2017: Unsatisfactory - reinspection required (Total Points: 16.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
12-21-2017 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 bar utensil sinks were at 100-105F. Provide hot and cold water under pressure through a mixing valve to each sink compartment. Hot water shall be at least 120ºF. Warm tempered water may be substituted for hot and cold water at handwashing sinks. Corrected during inspection to 125F.

Hot water at 130F in the kitchen.
0123 BAR
12-21-2017 The potable water supply shall be protected with a backflow or back siphonage protection device, as required by applicable plumbing codes. (114192) All plumbing and plumbing fixtures shall be installed in compliance with local plumbing ordinances, shall be maintained so as to prevent any contamination, and shall be kept clean, fully operative, and in good repair. Any hose used for conveying potable water shall be of approved materials, labeled, properly stored, and used for no other purpose. (114171, 114189.1, 114190, 114192.1, 114193, 114193.1, 114195, 114197, 114199, 114201, 114269) 2.00 All plumbing and plumbing fixtures shall be installed in compliance with local plumbing ordinances, shall be maintained so as to prevent any contamination, and shall be kept clean, fully operative, and in good repair. Observed the left faucet in the women's bar restroom had low pressure. Evaluate and repair. 0123 BAR
12-21-2017 An accurate easily readable metal probe thermometer suitable for measuring temperature of food shall be available to the food handler. A thermometer +/- 2°F shall be provided for each hot and cold holding unit of potentially hazardous foods and high temperature warewashing machines. (114157, 114159) 4.00 Have a thermometer accurate to within 2°F or 1°C in each hot and cold holding unit. Have a metal probe type thermometer readily available on premises (to all appropriate staff) that is calibrated in accordance with the manufacturer's specifications as necessary to ensure accuracy. REPEAT VIOLATION
Failure to have a readily visible thermometer affixed to the warmest part of the refrigeration unit.
Have a thermometer accurate to within 2ºF or 1ºC in each refrigeration unit, as practicable. Note that product mimicking sensors placed in devices located in the warmest part of the mechanically refrigerated unit may be approved in lieu of an ambient air sensor.

Some refrigeration units are missing a thermometer. Provide.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-21-2017 The walls / ceilings shall have durable, smooth, nonabsorbent, light-colored, and washable surfaces. All floor surfaces, other than the customer service areas, shall be approved, smooth, durable and made of nonabsorbent material that is easily cleanable. Approved base coving shall be provided in all areas, except customer service areas and where food is stored in original unopened containers. Food facilities shall be fully enclosed. All food facilities shall be kept clean and in good repair. (114065, 114067, 114069, 114175, 114143, 114257, 114259.2, 114266, 114268, 114268.1, 114271, 114272) 4.00 All food facilities shall be kept clean, fully operative, and in good repair. Floor surfaces in all areas in which food is prepared, packaged or stored, where any utensil is washed, where refuse or garbage is stored, where janitorial facilities are located, and in all restrooms and hand washing areas shall be smooth and of durable construction and made from non absorbent material that is easily cleanable.

Each permanent food facility shall be fully enclosed in a building consisting of permanent floors, walls, and an overhead structure that meets minimum standards. Food facilities that are not fully enclosed on all sides and that are in operation on January 1, 1985, shall not be required to meet the requirements of this section until the facility is remodeled or has a significant menu change or a change in its method of operation. Full enclosure is not required for dining areas and certain other areas when approved for outdoor food services.
REPEAT VIOLATION (3rd time)
Observed the paint near the soap dispenser and along the windowsill in the kitchen is chipping and the plaster is degrading. Repair and repaint.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-21-2017 Each food facility shall be kept free of live animals and vermin: rodents (rats, mice), cockroaches, flies.( 114259.1, 114259.4, 114259.5) 2.00 Live animals are not allowed in a food facility, except as specified in section 114259.5.

A food facility shall immediately cease operation when there is a vermin infestation that has resulted in the contamination of food contact surfaces, food packaging, utensils, food equipment, or adulteration of food(s). The food facility shall remain closed until:
(a) there is no longer evidence of a vermin infestation.
(b) all contaminated surfaces have been cleaned and sanitized.
(c) contributing factors such as cleaning, repairs, and the elimination of harborages have been resolved.

All contributing factors must be resolved as quickly as possible. If there is a vermin infestation that warrants a major violation, then the permit to operate may be suspended. Professional pest control may also be required as frequently as needed to prevent the infestation from recurring.
Observed rodent droppings in the storage room above the kitchen.
The premises of each food facility shall be kept free of vermin.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-21-2017 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. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)