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Facility: El Rincon Restaurant Bar and Grill
Address: 6588 N. Winton Way, Winton, 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 3-21-2024: Satisfactory (Total Points: 8.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
3-21-2024 Additional information provided to facility operators 0.00 Excerpts from California Health and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail Food Code), sections 113700 through 114437. Operator states the restaurant is open friday, saturday and sunday after 4pm. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
3-21-2024 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) 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 broken refrigerator. Replace or repair or remove broken refrigerator. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
3-21-2024 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) 6.00 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. Repeat: [3][60] Observed lack of proof that a current employee of this establishment holds a Food Safety Manager Class certificate that is no more than five years old. Maintain a copy of the original certificate for at least one current employee at the facility location. The food managers certificate that is earned by the employee or owner may be used at only one location. Obtain a certificate from an American National Standards Institute approved food handling/food safety examination; if no one holds a current food safety certificate, obtain one within 60 days. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
3-21-2024 All clean and soiled linens shall be properly stored; non-food items shall be stored and displayed separate from food and food-contact surfaces. (114185 - 114185.4) Utensils and equipment shall be handled and stored so as to be protected from contamination. (114067, 114074 - 114075, 114081, 114083, 114119, 114121, 114161, 114178, 114179, 114185, 114185.2, 114185.5) 1.00 Storage space for food, utensils, single-use articles, clean linens, and food-related equipment shall not be located in locker rooms, refuse rooms, mechanical rooms, under open stairwells, under lines on which water has condensed, under leaking water lines, under sewer lines that are not shielded to intercept potential drips, or under other sources of contamination.

During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored in one of the following ways:
(1) in a potentially hazardous food with their handles above the top of the food and the container.
(2) if not a potentially hazardous food, with their handles above the top of the food within containers that can be closed.
(3) on a clean portion of the food preparation table or equipment if cleaned and sanitized at the required frequency.
(4) in running water of sufficient velocity to flush particulates to the drain.
(5) in a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not potentially hazardous.
(6) in a container of water if the water is maintained at a temperature of at least 135°F and the container is cleaned at least every 24 hours or at a frequency necessary to preclude the accumulation of soil residues.

Observe used and clean utensils pan are store on the same air drying rack. Do not store clean and used utensil in the same rack. Will have to clean all utensil before used. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
3-21-2024 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 noted during inspection. 0123 BAR


Rating on date 12-07-2020: Satisfactory (Total Points: 8.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
12-07-2020 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) 0.00 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. REMINDER: Thermometers still not present in freezer, new thermometers located and placed in units during inspection. Ensure obtained thermometers (both probe and for placement in the freezer and refrigerator units) are kept in each refrigeration unit, and that the thermometers function correctly and are accurate within 2 degrees farenheight or 1 degree celcius. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-07-2020 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 continuing lack of proof that a current employee of this establishment holds a Food Safety Manager Class certificate that is no more than five years old. Maintain a copy of the original certificate for at least one current employee at the facility location. The food managers certificate that is earned by the employee or owner may be used at only one location. Obtain a certificate from an American National Standards Institute approved food handling/food safety examination; if no one holds a current food safety certificate, obtain one within 60 days. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-07-2020 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) 0.00 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.
COMMENT: Observed previously present rubber top-set in janitorial closet area has been removed and replaced with blunt edge ceramic tile. CONDITIONAL APPROVAL of the blunt nose tile installation ONLY in the janitorial closet area, as long as a debris accumulation problem does not occur where the coving and floor surfaces meet. If a debris accumulation or cleaning problem develops in this space, the blunt edge tiles may be required to be replaced with approved coving material having at least a 3/8" radial curve from the wall down to the flooring surface. It is recommended to have flooring or coving samples pre approved by MCDEH prior to installation. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-07-2020 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) 1.00 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 three drawer Hobart unit previously in kitchen has been removed. Two stacks of tires previously seen in back storage banquet room type area have also been removed. Other miscellaneous equipment items in back room also not currently being used, some items relocated, more items to go thru and clean out, continuing to work on. Continue to work on removing unused and / or non functioning equipment from food facility in order to reduce the potential for vermin harborage. All equipment that is in the food facility must be kept clean and functional, otherwise must be removed.

Failure to keep the premises of each food facility free of items that are unnecessary to the operation or maintenance of the facility, such as equipment that is not functional or is no longer used. Remove the unnecessary items. Keep the facility free of clutter.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-07-2020 Raw, whole produce shall be washed prior to preparation. (113992) 1.00 Produce shall be thoroughly washed in potable water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form. Produce which is intended for washing by the consumer before consumption, such as uncut produce in a grocery store, is not required to be washed by the vendor. Observed lack of a separate food prep sink in the facility. Per the operator, the menu is fairly simple; meats are to be thawed in the refrigerator overnight or as a part of the cooking process, and the amount of fresh produce is small and usually washed and put in the refrigerator at the beginning of the day.

Provide a dedicated food prep sink (requires minor review / approval prior to installation), OR provide a written "Operational Statement" explaining that the first compartment of the three compartment sink will be used each day prior to opening time, to pre wash / prepare all produce items for the day, and will be done at a separate and distinct time when dishes are not in the sinks to be washed. Use of any dish washing sinks for food prep requires the sink itself to be washed and sanitized both before and after food preparation activities, to prevent germ transfer to the food or to the dishes.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
12-07-2020 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 previously noted soap dispenser at kitchen handwash sink is functional and filled.

Observed lack of a pump style soap dispenser and permanently mounted paper towel dispenser at handwash sink behind bar. Provide soap dispenser with a pump, and a sanitary hand drying method (such as paper towels in an enclosed dispenser) for use at each handwash sink location.

NOTE: due to both the distance and the fact that the kitchen and bar are separated by a door, a properly supplied and maintained handwash sink is required in both the kitchen area as well as behind the bar area at this facility.
0123 BAR


Rating on date 11-03-2020: Unsatisfactory - reinspection required (Total Points: 14.00)
DateViolationPointsCorrectionInspector CommentsFacility Area
11-03-2020 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) 1.00 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.
(1) Observed a three drawer Hobart unit in kitchen that is not being used. Other miscellaneous equipment items in back room also not being used. Some items in kitchen (upright freezer, fryer unit, salamander) are not currently being used but are clean and do function according to the owner. Remove unused and / or non functioning equipment from food facility in order to reduce the potential for vermin harborage. All equipment that is in the food facility must be kept clean and functional. Failure to keep the premises of each food facility free of items that are unnecessary to the operation or maintenance of the facility, such as equipment that is not functional or is no longer used. Remove the unnecessary items. Keep the facility free of clutter.

(2) Observed 'home' containers of dried herbs or teas being stored in the kitchen area. Owner states they are for her personal use. Store any employee only items in an area marked 'employee items only' so as to clearly separate items for the food facility from employee personal items (reduce possible cross contamination potentials).
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-03-2020 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 lack of proof that a current employee of this establishment holds a Food Safety Manager Class certificate that is no more than five years old. Maintain a copy of the original certificate for at least one current employee at the facility location. The food managers certificate that is earned by the employee or owner may be used at only one location. Obtain a certificate from an American National Standards Institute approved food handling/food safety examination; if no one holds a current food safety certificate, obtain one within 60 days. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-03-2020 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. Hot water heater lacks an earthquake safety strap. Provide. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-03-2020 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 maximum attainable hot water temperature at any sink in this facility currently measured at 114 degrees. Provide hot and cold water under pressure through a mixing valve to each sink compartment. Hot water shall be at least 120ºF for all sinks other than handwashing sinks 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-03-2020 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) ANSUL tag for hood fire suppression system shows last serviced in 2009. Have unit serviced and ensure unit is serviced at the correct interval in the future (every six or 12 months).

(2) Observed towel being used to store / drain / dry glassware. Cease this practice. Do not dry dishes manually / allow to air dry. Do not store dishes on porous surfaces. Ensure all potential food contact items are kept in a smooth and easily cleanable condition.

(3) Observed the cutting board at the flip top cooler unit is grooved and discolored, does not appear to come completely clean, and no longer constitutes a smooth and easily cleanable surface. Repair or replace damaged and discolored cutting boards; ensure that all food / utensil contact surfaces are smooth, easily cleanable, and nonporous.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-03-2020 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 the soap dispenser at the kitchen handwash sink does not function. Repair or replace soap dispenser. Provide functioning and filled soap dispensers at all handwash sink locations throughout facility. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-03-2020 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) 1.00 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. (1) Observed slide top freezer unit lacks thermometer. 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. Thermometer located and placed in slide top freezer during inspection. Corrected during inspection.

(2) Observed lack of probe thermometers at facility location. Obtain and keep accurate probe thermometers on site for verifying food and water temperatures, as required.
0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-03-2020 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 rubber topset in janitorial closet area, peeling off wall, wall rough underneath, VCT tile (existing) on floor. Replace rubber topset with approved coving material. Repair wall such that it is smooth and easily cleanable, such as with properly installed FRP or high gloss paint over a proper wall repair. Highly recommend having a coving sample pre approved prior to installation in the janitorial closet area. 0101 FOOD ESTAB. W/FOOD PREP 0-49 SEATS (HM4)
11-03-2020 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 bar - specific violations noted during this inspeciton. 0123 BAR