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Date: Time: Report: 04/13/17 11:15:00 1006171050 Minnesota Department of Health Environmental Health, FPLS P.O. Box 64975 St. Paul, MN 55164-0975 651-201-4500 Page 1 Location: 4702 Miller Trunk Highway Hermantown, MN55810 St. Louis County, 69 Establishment Info: ID #: 0022161 Risk: High Announced Inspection: No License Categories: FBTW, FBLB, HOSP, FBME Operator: Phone #: 2187220360 Expires on: 12/31/17 ID #: 32473 The violations listed in this report include any previously issued orders and deficiencies identified during this inspection. Compliance dates are shown for each item. The following orders previously issued on 04/12/16 have NOT been corrected. 2-200 Employee Health 2-201.15B MN Rule 4626.0060. The person in charge shall record all reports of diarrhea or vomiting made by food employees and report those illnesses to the regulatory authority at the specific request of the regulatory authority. THE PERSON IN CHARGE AT THE TIME OF THE INSPECTION WAS NOT AWARE OF WHERE THE EMPLOYEE ILLNESS LOG WAS. THE PERSON IN CHARGE IS RESPONSIBLE FOR RECORDING EMPLOYEES SICK WITH VOMITING OR DIARRHEA.4/13/17 ILLNESS LOG WASN'T BEING KEPT, LOG LEFT WITH STAFF. Issued on: 04/12/16 Comply Before Opening 1-100 Food Manager Certification 1-101.03MN MN Rule 4626.2010 Post the state certified food manager certificate in a conspicuous place in the establishment. CERTIFIED FOOD MANAGER CERTIFICATE WAS NOT POSTED. POST CERTIFICATE IN A CONSPICUOUS PLACE IN THE ESTABLISHMENT. Issued on: 04/12/16 Comply By: 05/12/16 4-600 Cleaning Equipment and Utensils 4-601.11C MN Rule 4626.0840 Clean non-food contact surfaces of equipment and maintain free of accumulations of dust, dirt, food residue, and other debris. CAN OPENER WAS DIRTY. CLEAN CAN OPENER MORE FREQUENTLY. 4/13/17 SAME. Issued on: 04/12/16 Comply By: 04/12/16

Page 2 The following orders were issued during this inspection. 3-300B Protection from Contamination: cross-contamination, eggs 3-302.11B MN Rule 4626.0235 Separate raw animal foods during storage, preparation, holding, and display from cooked ready-to-eat foods. RAW CHICKEN WAS BEING STORED ABOVE STEAMED VEGETABLES IN THE PREP COOLER SERVICE LINE. MOVED STEAMED VEGETABLES TO THE OTHER SIDE OF THE COOLER AWAY FROM RAW PRODUCT. Corrected on Site 3-500C Microbial Control: date marking 3-501.17A MN Rule 4626.0400 Mark the date of preparation on all refrigerated, ready-to-eat potentially hazardous food prepared in the food establishment and held for more than 24 hours. This will help ensure the food is consumed by the "use by" date, which is seven calendar days from the date of preparation including the date of preparation. A FEW ITEMS IN THE WALK-IN COOLER, INCLUDING SHRIMP SCAMPI AND PORTIONED CONTAINERS OF SOUP, WERE NOT DATE MARKED. DISCUSSED WITH STAFF DATE MARKING ANY FOODS BEING HELD LONGER THAN 24 HOURS TO ENSURE THEY'RE USED WITHIN 7 CALENDAR DAYS. 3-500D Microbial Control: disposition of food 3-501.18A MN Rule 4626.0405 Discard all refrigerated, ready-to-eat, potentially hazardous food prepared in the establishment which has not been consumed within seven calendar days from the date of preparation. COLOVADO SAUCE DATE MARKED 4/1 WAS IN THE WALK-IN, STAFF THREW THE SAUCE OUT AND DISCUSSED WITH STAFF THROWING OUT POTENTIALLY HAZARDOUS FOODS PREPARED IN THE ESTABLISHMENT IF THEY HAVE NOT BEEN USED IN 7 CALENDAR DAYS. 4-100 Equipment Construction Materials 4-101.11A MN Rule 4626.0450 Remove all unsafe multi-use equipment, utensils, and food storage containers that impart color, odors or tastes to food. UNPACKAGED TORTILLAS WERE BEING STORED IN A PLASTIC SHOPPING BAG WITHIN A CONTAINER. DISCUSSED WITH STAFF TAKING OUT THE SHOPPING BAG AND NOT USING THE BAGS FOR FOOD STORAGE.

Page 3 4-700 Sanitizing Equipment and Utensils 4-703.11 MN Rule 4626.0905 Sanitize food contact surfaces of equipment and utensils after cleaning using one of the following methods: A. Immersion for at least 30 seconds in hot water maintained as specified in rule; B. Using mechanical hot water operations that achieve a utensil surface temperature of 160 degrees F (71 degrees Celsius) and are set up and maintained in accordance with the specifications of NSF International and the manufacturer's data plate. C. Using an approved chemical sanitizer in manual or mechanical operations for 10 seconds for chlorine and 30 seconds for all other chemical sanitizers or an exposure time used in relation with a combination of temperature, concentration, and ph. THE DISHWASHER WAS NOT ABLE TO REACH A SURFACE TEMP OF 160 F AFTER MULTIPLE ATTEMPTS. THE 3 COMP SINK WAS SET UP WITH BLEACH WATER TO SANITIZE AND A SERVICE CALL WAS MADE. 7-100 Toxic Labeling 7-102.11 MN Rule 4626.1595 Clearly label with the common name of the product, all spray bottles and other working containers containing cleaners, sanitizers and other poisonous or toxic materials from bulk supplies. DEGREASER IN SPRAY BOTTLES IN THE KITCHEN AND BAR WERE NOT LABELED. DISCUSSED LABELING ALL CLEANERS WITH STAFF. 3-300C Protection from Contamination: equipment/utensils, consumers 3-304.12B MN Rule 4626.0275 Store the bulk food dispensing utensil in the food with the handle extending out of the food, or in a protective enclosure attached or adjacent to the enclosure with the utensil on a tether of easily cleanable material which is short enough to prevent the utensil from making contact with the floor. THE SCOOP BEING USED IN THE ICE BIN HAD THE HAND BROKEN OFF, SO THERE WAS NO LONGER A HANDLE. REPLACE THE SCOOP. Comply By: 04/20/17 4-100 Equipment Construction Materials 4-101.19 MN Rule 4626.0490 Discontinue using, except as provided in rule, wood as a food-contact surface. A WOOD CUTTING BOARD WAS BEING USED IN THE BAR AND WAS UNABLE TO BE PROPERLY CLEANED AND SANITIZED. DISCUSSED WITH STAFF USING A PLASTIC CUTTING BOARD. Surface and Equipment Sanitizers

Page 4 Chlorine: = 200 PPM at Degrees Fahrenheit Location: SANITIZER BUCKET IN KITCHEN Hot Water: = 140 at Degrees Fahrenheit Location: DISHWASHER- 1ST RUN Violation Issued: Yes Hot Water: = 146 at Degrees Fahrenheit Location: DISHWASHER- 2ND RUN Violation Issued: Yes Hot Water: = 143 at Degrees Fahrenheit Location: DISHWASHER- 3RD RUN Violation Issued: Yes Hot Water: = 139 at Degrees Fahrenheit Location: DISHWASHER- 4TH RUN Violation Issued: Yes Chlorine: = 200 PPM at Degrees Fahrenheit Location: SANITIZER BUCKET IN BAR Chlorine: = 200 PPM at Degrees Fahrenheit Location: 3 COMP SINK Food and Equipment Temperatures Temperature: 41 Degrees Fahrenheit - Location: SALSA- PREP TOP Temperature: 40 Degrees Fahrenheit - Location: MILK- PREP BOTTOM Process/Item: Cooking Temperature: 211 Degrees Fahrenheit - Location: BEEF BURRITO Process/Item: Cooking Temperature: 162 Degrees Fahrenheit - Location: SHRIMP Process/Item: Cooking Temperature: 168 Degrees Fahrenheit - Location: FLAT IRON STEAK Temperature: 33 Degrees Fahrenheit - Location: CUT TOMATOES- LINE PREP TOP

Page 5 Temperature: 31 Degrees Fahrenheit - Location: PICO DE GALLO- LINE PREP TOP Temperature: 34 Degrees Fahrenheit - Location: DICED TOMATOES- LINE PREP TOP Temperature: 38 Degrees Fahrenheit - Location: SOUR CREAM- LINE PREP BOTTOM Temperature: 39 Degrees Fahrenheit - Location: LETTUCE- LINE PREP BOTTOM Process/Item: Hot Holding Temperature: 185 Degrees Fahrenheit - Location: TACO MEAT Process/Item: Hot Holding Temperature: 173 Degrees Fahrenheit - Location: PULLED PORK Process/Item: Hot Holding Temperature: 165 Degrees Fahrenheit - Location: SPANISH RICE Temperature: 38 Degrees Fahrenheit - Location: CRAB ENCHILADA MI- TOP Temperature: 37 Degrees Fahrenheit - Location: TOMALES- BOTTOM Process/Item: Walk-In Cooler Temperature: 38 Degrees Fahrenheit - Location: COLOVADO Process/Item: Walk-In Cooler Temperature: 37 Degrees Fahrenheit - Location: SHRIMP SCAMPI Process/Item: Walk-In Cooler Temperature: 37 Degrees Fahrenheit - Location: GUACAMOLE Process/Item: Hot Holding Temperature: 160 Degrees Fahrenheit - Location: SPANISH RICE-UNDERCOUNTER HOT HOLDING UNIT

Page 6 Process/Item: Walk-In Cooler Temperature: 40 Degrees Fahrenheit - Location: SALSA- BEER COOLER Process/Item: Cooking Temperature: 176 Degrees Fahrenheit - Location: CHICKEN ENCHILADA COMMENTS: Total Critical Orders This Report: Total Non-Critical Orders This Report: INSPECTION ACCOMPANIED IN PART WITH SIJA GONZALEZ. DISCUSSED EMPLOYEE ILLNESS AND THE ECLUSION OF EMPLOYEES SICK WITH SYMPTOMS OF VOMITING AND/OR DIARRHEA UNTIL 24 HOURS AFTER THEIR LAST SYMPTOM. DISCUSSED LIMITING BARE HAND CONTACT WITH ALL READY TO EAT FOODS BY USING GLOVES, TONGS, DELI TISSUE ETC. THE CURRENT CERTIFIED FOOD MANAGER, NANCY GONZALEZ DOES NOT HAVE HER CERTIFICATE POSTED. DISCUSSED WITH STAFF TO LOCATE AND POST THE CERTIFICATE. THE HOT WATER DISH MACHINE WAS NOT ABLE TO REACH A SURFACE TEMP OF 160 F. THE RINSE CYCLE TEMP. GAUGE WAS READING 180-190 F. ESTABLISHMENT DOES HAVE A 3 COMP SINK TO USE UNTIL THE DISHWASHER CAN BE REPAIRED. DISCUSSED THE ESTABLISHMENTS COOLING PROCEDURES, ICE WANDS ARE USED TO COOL FOODS INITIALLY THEN FOODS ARE PLACED IN SHALLOW HOTEL PANS IN THE WALK-IN COOLER. DISCUSSED RE-HEATING TEMPS OF FOOD BEING PLACED IN HOT HOLDING. DISCUSSED LIMITING BARE HAND CONTACT WITH ALL READY TO EAT FOODS BY USING GLOVES, TONGS, DELI TISSUE, ETC. DISCUSSED DATE MARKING ALL FOODS THAT ARE BEING HELD LONGER THAN 24 HOURS. DATE MARKING FACT SHEET LEFT WITH STAFF. 7 4

Page 7 NOTE: All new food equipment must meet the applicable standards of NSF International. Plans and specifications must be submitted for review and approval prior to new construction, remodeling or alterations. I acknowledge receipt of the Minnesota Department of Health inspection report number 1006171050 of 04/13/17. Certified Food Manager: Certification Number: Nancy Gonzalez FM44861 Expires: 08/21/17 Inspection report reviewed with person in charge and mailed. Signed: Victor Gonzalez Owner Signed: Callie Bursch Public Health Sanitarian Duluth District Office 218-302-6173 callie.bursch@state.mn.us

Report #: 1006171050 Minnesota Department of Health Environmental Health, FPLS P.O. Box 64975 St. Paul, MN 55164-0975 Food Establishment No. of RF/PHI Categories Out No. of Repeat RF/PHI Categories Out Legal Authority MN Rules Chapter 4626 Address City/State Zip Code Telephone 4702 Miller Trunk Highway Hermantown, MN 55810 2187220360 License/Permit # Permit Holder Purpose of Inspection Est Type 0022161 FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS Circle designated compliance status (IN, OUT, N/O, N/A) for each numbered item Date Time In Mark "" in appropriate box for COS and/or R Time Out Risk Category H IN= in compliance OUT= not in compliance N/O= not observed N/A= not applicable COS= corrected on-site during inspection R= repeat violation Compliance Status COS R 1A N/A Demonstration of Knowledge Certified food manager, duties 1B PIC knowledgeable; duties & oversight Employee Health 2 Management awareness; policy present 3 4 5 6 7 8 9 10 11 12 13 14 15 Proper use of reporting, restriction & exclusion Good Hygenic Practices N/O Proper eating, tasting, drinking, or tobacco use N/O No discharge from eyes, nose, and mouth Preventing Contamination by Hands N/O Hands clean & properly washed N/A N/O Hand contact with RTE foods restricted Adequate handwashing facilities supplied & accessible Approved Source Food obtained from approved source N/A N/O Food received at proper temperature N/A N/O N/A N/A Food in good condition, safe, & unadulterated Required records available; shellstock tags, parasite destruction Protection from Contamination Food separated/protected from cross contamination Food contact surfaces: cleaned & sanitized Proper disposition of returned, previously served, reconditioned, & unsafe food Compliance Status Potentially Hazardous Food Time/Temperature 16 N/A N/O Proper cooking time & temperature 17 N/A N/O Proper reheating procedures for hot holding 18 N/A N/O Proper cooling time & temperature 19 N/A N/O Proper hot holding temperatures 20 21 22 N/A Consumer Advisory 23 N/A in MN Consumer advisory for raw or undercooked foods 24 25 26 GOOD RETAIL PRACTICES Proper cold holding temperatures N/A N/O Proper date marking & disposition N/A N/O Time as a public health control: procedures & record N/A in MN N/A Highly Susceptible Populations Pasteurized foods used; prohibited foods not offered Chemical Food additives: approved & properly used Toxic substances properly identified, stored, & used Conformance with Approved Procedures 27 N/A Compliance with HACCP plan and variance 6 2 04/13/17 11:15:00 Risk factors (RF) are improper practices or proceedures identified as the most prevalent contributing factors of foodborne illness or injury. Public Health Interventions (PHI) are control measures to prevent foodborne illness or injury. Good Retail Practices are preventative measures to control the addition of pathogens, chemicals, and physical objects into foods. Mark "" in box if numbered item is not in compliance Mark "" in appropriate box for COS and/or R COS=corrected on-site during inspection R= repeat violation Safe Food and Water 28 Pasteurized eggs used where required 29 30 31 32 33 34 Water & ice from approved source Variance obtained for specialized processing methods, documentation on file Food Temperature Control Proper cooling methods used; adequate equipment for temperature control Plant food properly cooked for hot holding Approved thawing methods used Thermometers provided and accurate Food Protection 35 Food properly labled; original container 36 Insects, rodents, & animals not present; no unauthorized persons 37 38 39 40 N/A N/A Food Recalls: Contamination prevented during food prep, storage & display Personal cleanliness Wiping cloths: properly used & stored Washing fruits & vegetables COS R 41 In-use utensils: properly stored 42 43 45 46 Proper Use of Utensils Utensils, equipment & linens: properly stored, dried, & handled Single-use & single service articles: properly stored & used 44 Gloves used properly Utensil Equipment and Vending Food & non-food contact surfaces cleanable, properly designed, constructed, & used Warewashing facilities: installed, maintained, & used; test strips 47 Non-food contact surfaces clean Physical Facilities 48 49 50 51 52 53 54 55 56 Hot & cold water available; adequate pressure Plumbing installed; proper backflow devices Sewage & waste water properly disposed Toilet facilities: properly constructed, supplied, & cleaned Garbage & refuse properly disposed; facilities maintained Physical facilities installed, maintained, & clean Adequate ventilation & lighting; designated areas used Compliance with MCIAA & Choking Poster Compliance with licensing & plan review COS COS R R Person in Charge (Signature) Date: 04/17/17 Inspector (Signature) Follow-up Needed: YES NO (Circle one) Follow-up Date: / /