CHICO CANTINA

Variance obtained for specialized processing methods — Inspector Note: Observed several TCS food items in ROP done in-house (NY strip, Salmon, and Ground Beef) dated with a prep date of 8/29, 8/31, and 9/1. Previous conversations with the chef indicated understanding that TCS foods processed with ROP in-house cannot be kept longer than 48 hours, and that he was willingly going to discontinue the process. CA: Documentation of Proposed Variance and Justification. Before a variance from a requirement of this Chapter is granted by the Department, the information that shall be provided by the person requesting the variance and retained in the Department’s file on the food service establishment includes: 1. A statement of the proposed variance of the Chapter requirement citing relevant rule and subsection numbers; 2. An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant rules and subsections will be alternatively addressed by the proposal; 3. A HACCP plan if required that includes the information specified under DPH Rule 511-6-1-.02 (6) as it is relevant to the variance requested. CORRECT BY: Acquiring the proper documentation and approval from the department, not keeping in-house ROP items longer than 48 hours, or discontinuing the process. Chef indicated that the purpose of the ROP was to buy items in bulk, and cut/process them in house. These items can be processed/cut in house and stored wrapped in plastic wrap for longer than 48 hours.

Approved thawing methods used — Inspector Note: Observed ROP fish (tuna) thawing in the walk-in cooler still in the ROP packaging. The ROP packaging specified that it must be removed from packaging prior to thawing. CA: Reduced oxygen packaged fish that bears a label indicating that it is to be kept frozen until time of use shall be removed from the reduced oxygen environment: (i) Prior to its thawing under refrigeration that maintains the food temperature at 41°F (5°C) or less; or (ii) Prior to, or immediately upon completion of its thawing, using procedures to completely submerge in running water as specified in paragraph 2 of this subsection. CORRECT BY: Removing ROP fish from its packaging prior to thawing it.

Utensils, equipment and linens: properly stored, dried, handled — Inspector Note: Observed several metal pans, bowls and pots stored right-side up to dry or stacked tightly on top of one another. Metal pans and bowls are stored on the second shelf under other items drying so that the water from other items drips into the pans/bowls. CA: Clean equipment and utensils shall be stored as specified under paragraph 1 of this subsection and shall be stored: (i) In a self-draining position that allows air drying; and (ii) Covered or inverted. CORRECT BY: Installing other drying racks to allow for adequate space to allow pans to dry without stacking them on top of one another. Pots/pans must be stored inverted to air dry and to avoid water dripping into them.

Approved thawing methods used — Inspector Note: Observed a frozen block of squid thawing on the counter in stagnant water. CA: Except as specified in paragraph 4 of this subsection, time/temperature control for safety food shall be thawed: 1. Under refrigeration that maintains the food temperature at 41°F (5°C) or less; or 2. Completely submerged under running water: (i) At a water temperature of 70°F (21°C) or below, (ii) With sufficient water velocity to agitate and float off loose particles in an overflow, and (iii) For a period of time that does not allow thawed portions of ready-to-eat food to rise above 41°F (5°C), or (iv) For a period of time that does not allow thawed portions of a raw animal food requiring cooking to be above 41°F (5°C), for more than 4 hours including: (I) The time the food is exposed to the running water and the time needed for preparation for cooking, or (II) The time it takes under refrigeration to lower the food temperature to 41°F (5°C); 3. As part of a cooking process if the food that is frozen is: (i) Cooked as specified under subsections (5)(a)1 or 2 or (5)(b) or 5(e) of this Rule, or (ii) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or 4. Using any procedure if a portion of frozen ready-to-eat food is thawed and prepared for immediate service in response to an individual consumer's order. 5. Reduced oxygen packaged fish that bears a label indicating that it is to be kept frozen until time of use shall be removed from the reduced oxygen environment: (i) Prior to its thawing under refrigeration that maintains the food temperature at 41°F (5°C) or less; or (ii) Prior to, or immediately upon completion of its thawing, using procedures to completely submerge in running water as specified in paragraph 2 of this subsection. COS: Employee placed thawing squid under running water.

Single-use/single-service articles: properly stored, used — Inspector Note: Observed home made hot sauce stored in single-use vinegar bottles. CA: Single-service and single-use articles may not be reused.

Food and nonfood-contact surfaces cleanable, properly designed, constructed, and used — Inspector Note: Observed 3 metal pans lined with plastic "thank you" bags in direct contact with bread. CA: Utensils and food-contact surfaces of equipment shall be made of materials that do not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions, and shall be: P safe P, durable, corrosion-resistant, and nonabsorbent. In addition, materials shall be sufficient in weight and thickness to withstand repeated ware washing and shall be finished to have a smooth, easily cleanable surface. Materials shall be resistant to pitting, chipping, crazing, scratching, scoring, distortion and decomposition. COS: Employee removed and discarded plastic bags. Informed employee that only food grade materials can be used to line the metal pans and touch food.

Adequate handwashing facilities supplied & accessible — Inspector Note: Observed hand washing sink at the bar without paper towels. CA: Each handwashing sink or group of adjacent handwashing sinks shall be provided with: 1. Individual, disposable towels; 2. A continuous towel system that supplies the user with a clean towel; 3. A heated-air hand drying device; or 4. A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures. COS: Employee restocked paper towels near the hand sink.

Adequate handwashing facilities supplied & accessible — Inspector Note: Observed handwashing sink in the dishwashing area blocked by a large trash can. CA:A handwashing sink shall be maintained so that it is accessible at all times for employee use. CORRECT BY: Repositioning trash can so it is not blocking the hand sink.

Food-contact surfaces: cleaned & sanitized — Inspector Note: Observed dish machine behind the bar with a reading of 0ppm chlorine. CA: A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified under subsection (8)(b)3 of this Rule shall meet the requirements specified in DPH Rule 511-6-1-.07(6)(g). CORRECT BY: Servicing the dish machine to correctly dispense chemical sanitizer. Do not use bar dish machine to clean and sanitize glassware and dishes until corrected. Provide evidence of correction to inspector at [REDACTED EMAIL] by no later than 8/7/2026.

Food-contact surfaces: cleaned & sanitized — Inspector Note: Observed several food contact surfaces unclean to sight and touch (magnetic knife holders, 1 ice machine, bar soda guns, nozzles for soda machine in kitchen). CA: Equipment food-contact surfaces and utensils shall be clean to sight and touch. Correct by: Clean and sanitize all food contact surfaces listed above. Photo evidence of completion can be sent to inspector at [REDACTED EMAIL] by no later than 8/14/2026.

Food-contact surfaces: cleaned & sanitized — Inspector Note: Observed several pieces of equipment unclean to sight and touch(melon baller, seasoning shaker lids, strainer in juicer, meat tenderizer) stored clean in the food prep area. CA: Equipment food-contact surfaces and utensils shall be clean to sight and touch. COS: unclean equipment was placed in the dish area to be rewashed.

Consumer advisory provided for raw and undercooked foods — Inspector Note: Observed no consumer advisory or reminder on the online menu. Observed the physical menus in the restaurant with the correct consumer advisory reminder statement, but without proper identification of the animal foods being served raw or undercooked. Animal foods served raw missing identification include the Halibut Ceviche, Tuna Crudo and New York Strip, etc. CA: Except as specified in subsections (5)(a)3, and (5)(a)4(iv), and (9)(a)3 of this Rule, if an animal food such as beef, eggs, fish, lamb, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in paragraphs 2 and 3 of this subsection. The disclosure and reminder statements shall be worded in legible type in all capital letters and no smaller than font size #8. Disclosure shall include: (i) A description of the animal-derived foods, such as “oysters on the half shell (raw oysters),” “raw egg Caesar salad,” and “hamburgers (can be cooked to order);” or (ii) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients. 3. The reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states: (i) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness; or (ii) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions. Correct By: update online and physical menu to include appropriate disclosure and reminder statements(physical menus can be marked with an asterisk and do not have to be reprinted). Corrected menus can be sent to inspector at [REDACTED EMAIL] by no later than 8/14/2026.

Proper cold holding temperatures — Inspector Note: Observed several TCS foods being held in the walk-in cooler above 41F, see ** in temperature log. CA:Time/Temperature Control for Safety Food, Hot and Cold Holding. Except during preparation, cooking, or cooling, or when time is used as the public health control, time/temperature control for safety food shall be maintained at 41°F (5°C) or below or 135°F (57°C) or above, except that roasts cooked to a temperature and for a time specified in subsection (5)(a)2 of this Rule and reheated using the same temperature and time conditions as cooking may be held at a temperature of 130°F (54°C) or above. COS: Employee discarded TCS foods cold holding above 41F.

Toxic substances properly identified, stored, used — Inspector Note: Observed unlabeled chemical cleaner behind bar CA: Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material COS: Bartender labeled container with common name