Restaurants Exposed: Restaurants get violations when inspectors revisit

August 11, 2017 07:34 PM

In this week's Restaurants Exposed report, News10NBC revisited two restaurants featured before.

In both cases, inspectors found critical violations when they went back a month later. But restaurant owners say it's a tough time to run a restaurant. They say owners are cited with a critical violation for temperatures just a few degrees off. The health department argues that their goals when citing restaurants are educating restaurant owners and keeping the public safe.

Stoney's Family Restaurant in Gates serves up American cuisine in a casual atmosphere. But when the health inspectors recently dropped in for a re-inspection they found food that wasn't cold enough, and cited them with two critical violations.

“Temperature really matters,” said Michael Mendoza, Monroe County Commissioner of Public Health. “It is the predictive indicator of whether bacteria will or will not grow on food."

Here's why: Harmful bacteria grows best in what food safety experts call the danger zone - temperatures between 45 degrees and 140 degrees.

Stoney's was also cited by health inspectors for temperature violations in May. No one from the restaurant returned our repeated calls for comment.

At West Winds Cafe and Catering, their kiosk in Brighton was cited with two critical violations for food that wasn't cold enough. Then the next month the restaurant in Rochester was cited with the same violation. The owner, Jim Cerqua, told News10NBC the temperatures were just slightly too warm. He said, "Both [violations] were corrected in-house on the spot."

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The commissioner says that's the point of health inspections - correction and education. "It’s the one thing we can do, among many things, to get out there and educate the restaurants and to reassure the public that we're paying attention to what really impacts them the most."

Two facilities that serve children were also given violations. At the David F. Gantt Community Center in Rochester health inspectors cited the kitchen with two critical violations for the risk of cross contamination of raw and cooked food. An administrator told News10NBC that in one case a youth worker moved eggs to the wrong shelf. In another case, frozen hamburger was placed on top of ice. She said they moved the eggs, threw out the ice, and now only adults have access to the fridge.

Health inspectors cited the Pittsford Little League concession stand with two critical violations - both involved food that wasn't cold enough. The problem was a faulty fridge.

Kevin Wexler, the league’s Vice-President told News10NBC,"Immediately following the inspection, a refrigerator repair company was called and they repaired two refrigeration fans.  Everything was corrected very quickly and appropriately."

Every week News10NBC lifting the veil on the restaurant inspection process - holding those responsible for your safety accountable. If you have something you'd like Consumer Investigator, Deanna Dewberry to look into, email her at

Here's Deanna's Do List.

1. Check the restaurants inspection record.
2. If you see a problem, report it.


Deanna Dewberry

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