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Facility: Five Ten Bistro / After 5
Address: 510 W. Main St., Merced, CA

The most recent inspection of this food facility resulted in a rating of
Satisfactory (Total Points: 8.00)
0-6  Points: Good
7-13 Points: Satisfactory
14+  Points: Unsatisfactory
Rating on date 2-01-2024: Satisfactory (Total Points: 8.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
2-01-2024 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) 6.00 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 		1. Repeat: Observed one of two women's restroom sink did not provide warm water above 100F. Provide warm water at a minimum of 100F. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
2-01-2024 All utensils and equipment shall be fully operative, clean, and in good repair. (114115, 114175). All utensils and equipment shall be approved, installed properly, and meet applicable standards. (114130, 114130.1, 114130.2, 114130.3, 114130.4, 114130.5, 114130.6, 114132, 114133, 114137, 114139, 114143, 114153, 114155, 114163, 114165, 114167, 114169, 114172, 114175, 114177, 114180, 114182) 2.00 Equipment food-contact surfaces and utensils shall be clean to sight and touch. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other debris accumulations.

Keep all food facilities, and all utensils, display cases, windows, counters, shelves, tables, refrigeration units, sinks, dishwashing machines, and other equipment or utensils used in the storage, preparation, sale, service, and display of food, clean, fully operative, and in good repair.

The non-food-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. Equipment shall be reassembled so that food-contact surfaces are not contaminated. 		1. Repeat: Observed an accumulation of grease in the hood. Clean. Correction was submitted on 3/2/24.

2. Repeat: Observed the top hinge of the kitchen walk-in refrigerator is damaged. Repair or replace. 		0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 11-14-2023: Unsatisfactory - reinspection required (Total Points: 14.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-14-2023 All nonfood contact surfaces of utensils and equipment shall be clean. (114115, 114130.4) 0.00 Clean nonfood contact surfaces of equipment at a frequency necessary to prevent accumulation of residue. Observed buildup in ice machine, please clean the unit regularly to maintain proper cleaning. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-14-2023 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) 3.00 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 in the womens restroom that one hand washing sink does not have proper hot water available, measured around 70 degrees. Please ensure hot water is at least 108 degrees for hand washing. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-14-2023 All utensils and equipment shall be fully operative, clean, and in good repair. (114115, 114175). All utensils and equipment shall be approved, installed properly, and meet applicable standards. (114130, 114130.1, 114130.2, 114130.3, 114130.4, 114130.5, 114130.6, 114132, 114133, 114137, 114139, 114143, 114153, 114155, 114163, 114165, 114167, 114169, 114172, 114175, 114177, 114180, 114182) 1.00 Equipment food-contact surfaces and utensils shall be clean to sight and touch. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other debris accumulations.

Keep all food facilities, and all utensils, display cases, windows, counters, shelves, tables, refrigeration units, sinks, dishwashing machines, and other equipment or utensils used in the storage, preparation, sale, service, and display of food, clean, fully operative, and in good repair.

The non-food-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. Equipment shall be reassembled so that food-contact surfaces are not contaminated. 		1) Observed grease buildup under the hood and on equipment which can lead to contamination. To prevent poor sanitation and fire-safety hazards, exhaust hoods must be maintained in good condition.

2) Observed the three compartment sink did not have the three drain covers. Please obtain the drain covers in order to fill the sinks up.

3) Observed buildup in ice machine, please clean the unit regularly to maintain proper cleaning.

4) Observed the walk in cooler needs to be repaired at the top hinge. Keeping equipment in good repair would ensure proper temperatures as well as keeping vermin/insects out. 		0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-14-2023 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 7.00 Hold potentially hazardous foods either at or above 135°F or at or below 41°F. Hold the following potentially hazardous foods at 45°F: raw shell eggs, unshucked live molluscan shellfish, pasteurized milk and pasteurized milk products in original, sealed containers. Potentially hazardous foods held for dispensing in a serving line or a salad bar (not in a display case) may be held at 45°F or less during periods not to exceed 12 hours in any 24-hour period. Discard all potentially hazardous food that has been out of an approved time and temperature range. Observed the prep fridge near the hood did not meet the minimum temperature requirements of 41 degrees or below. Keep all cold potentially hazardous foods at or below 41°F. Adjust and / or repair this unit; do not use it for the display of PHF (potentially hazardous food) items until it is shown to consistently capable of holding food at or below 41ºF at all times. Items out of temperature were voluntarily destroyed and denatured. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-14-2023 Food employees shall keep their hands and exposed portions of their arms clean, and shall maaintain fingernails so they are cleanable. Employees are required to wash their hands: before beginning work; before handling food / equipment / utensils; as often as necessary during food preparation to remove soil and contamination; when switching from working with raw to ready-to-eat foods; after touching body parts; after using the toilet room; or any time when contamination may occur. (113952, 113953.3, 113968, 113973 (a-g). Whenever gloves are worn, they shall be changed as often as handwashing is required. 3.00 The food employee shall wash their hands and portion of arms as required, and use utensils and gloves appropriately. Observed an employee practice improper hand washing methods, corrected on site. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 9-26-2022: Good (Total Points: 6.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
9-26-2022 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. No violations observed in facility 0123 BAR
9-26-2022 All food employees shall have adequate knowledge of and be trained in food safety as it relates to their assigned duties. The person in charge shall have adequate knowledge of, and shall educate employees of the food facility regarding major food allergens. (113947) Food facilities that prepare, handle or serve non-prepackaged potentially hazardous food, shall have an employee who has passed an approved food safety certification examination. (113947-113947.1) 3.00 The responsibilities of the staff member certified in food safety include ensuring that all employees who handle, or have responsibility for handling, unpackaged foods of any kind have sufficient knowledge to ensure the safe preparation and /or service of the food. The nature and extent of the knowledge that each employee is required to have may be tailored, as appropriate, to the employee's duties related to food safety issues. Observed that the Certified Food Safety Manager certification has expired. Obtain new certificate within 60 days 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
9-26-2022 Potentially hazardous foods shall be held at or below 41°/ 45°F or at or above 135°F. (113996, 113998, 114037, 114343(a)) 3.00 Hold potentially hazardous foods either at or above 135°F or at or below 41°F. Hold the following potentially hazardous foods at 45°F: raw shell eggs, unshucked live molluscan shellfish, pasteurized milk and pasteurized milk products in original, sealed containers. Potentially hazardous foods held for dispensing in a serving line or a salad bar (not in a display case) may be held at 45°F or less during periods not to exceed 12 hours in any 24-hour period. Discard all potentially hazardous food that has been out of an approved time and temperature range. potentially hazardous foods in an unrefrigerated display at a temperature above 41 degrees Fahrenheit.
Observed the temperature of cheese, tomatoes, and tuna salad in the small prep cooler at the front counter was measured at 46°F. Keep all cold potentially hazardous foods at or below 41°F. Adjust and / or repair this unit; do not use it for the display of PHF (potentially hazardous food) items until it is shown to consistently capable of holding food at or below 41ºF at all times. Out of temperature PHF was moved to the walk in cooler at 38°F.
0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS


Rating on date 11-22-2019: Satisfactory (Total Points: 13.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-22-2019 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) 3.00 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 functioning paper towel dispensers or a functioning air hand drying units adjacent to the hand washing sink in the wait station an wash room. 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. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-22-2019 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) 2.00 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 a light fixture in the dish washing room does not function, bulb may be burned out. Replace bulb and / or repair fixture. Failure to provide adequate lighting. 		0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-22-2019 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) 1.00 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.
 Toilet rooms shall be vented to the outside air by means of an openable, screened window, an air shaft, or a light-switch-activated exhaust fan, consistent with the requirements of local building codes. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-22-2019 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) 1.00 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.
 Observed the wall between the back door and sink room is lacking coving and has become water damaged. Repair and provide coving. Also, the wall under the hand sink in the washroom. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-22-2019 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) 1.00 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 sprayer at the dish machine is leaking. Repair. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-22-2019 Food facilities that prepare food shall be equipped with warewashing facilities. Testing equipment and materials shall be provided to measure the applicable sanitization method. (114067(f,g), 114099, 114099.1, 114099.2, 114099.3, 114099.4, 114099.5, 114099.6, 114099.7, 114101, 114101.1, 114101.2, 114103, 114107, 114125) 1.00 Provide a sink with at least 3 compartments with 2 integral metal drainboards. The sink compartments and drainage facilities shall be large enough to accommodate the largest utensil or piece of equipment to be cleaned therein.

Clean the utensils in one of the following ways:

(1) Manual warewashing shall be accomplished by using a 3-compartment sink where the utensils are first pre-cleaned, then washed, rinsed, sanitized, and air dried. The temperature of the washing solution shall be maintained at not less than 100°F or the temperature specified on the cleaning agent manufacturer's label instructions. The utensils shall then be rinsed in clear water before being immersed in a sanitizing solution. Manual sanitization shall be accomplished in the final sanitizing rinse by one of the following:
(a) Immersion for at least 30 seconds where the water temperature is maintained at 171°F or above.
(b) The application of sanitizing chemicals by immersion, manual swabbing, or brushing, using one of the following solutions:
(1) Contact with a solution of 100 ppm available chlorine solution for at least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at least one minute.
(3) Contact with a solution of 200 ppm quaternary ammonium for at least one minute.
(4) Contact with a solution of ozone that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations and that is generated by a device located onsite at the food facility that meets all of the requirements of 114099.6.
(c) Other methods approved by the enforcement agency.

(2) Mechanical machine warewashing shall be accomplished by using an approved machine installed and operated in accordance with the manufacturer's specifications. Soiled items to be cleaned in a warewashing machine shall be loaded in racks, trays, or baskets or onto conveyors in a position that exposes the items to the unobstructed spray during all cycles and allows the items to drain. Mechanical sanitization shall be accomplished in the final sanitizing rinse by one of the following:
(a) By being cycled through equipment achieving a utensil surface temperature of 160°F or above.
(b) The mechanical application of sanitizing chemicals by pressure spraying methods using one of the following:
(1) Contact with a solution of 50 ppm available chlorine solution for at least 30 seconds.
(2) Contact with a solution of 25 ppm available iodine for at least one minute.
(3) Contact with any chemical sanitizer that meets the requirements of Section 180.940 of Title 40 of the Code of Federal Regulations when used in accordance with both the sanitizer manufacturers use directions and the machine manufacturer's specifications.

Provide testing equipment and materials to adequately measure the applicable sanitization method. 		Observed the dish machine sanitizer line needed to be primed. Repaired during inspection. 0102 FOOD ESTAB. W/FOOD PREP 50-149 SEATS
11-22-2019 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) 3.00 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 employee restroom sink was at 74F. 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. 0123 BAR
11-22-2019 All utensils and equipment shall be fully operative, clean, and in good repair. (114115, 114175). All utensils and equipment shall be approved, installed properly, and meet applicable standards. (114130, 114130.1, 114130.2, 114130.3, 114130.4, 114130.5, 114130.6, 114132, 114133, 114137, 114139, 114143, 114153, 114155, 114163, 114165, 114167, 114169, 114172, 114175, 114177, 114180, 114182) 1.00 Equipment food-contact surfaces and utensils shall be clean to sight and touch. The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other debris accumulations.

Keep all food facilities, and all utensils, display cases, windows, counters, shelves, tables, refrigeration units, sinks, dishwashing machines, and other equipment or utensils used in the storage, preparation, sale, service, and display of food, clean, fully operative, and in good repair.

The non-food-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris. Equipment shall be reassembled so that food-contact surfaces are not contaminated. 		Observed two ice scoops being stored next to the pour mixers. Store in a cleanable container. Moved during inspection. 0123 BAR