RUSTYS RAW BAR & GRILL
9520 MARKETPLACE RD, Fort Myers FL 33912 · 239-225-9776
Last inspected Feb 11, 2026 · 10 visits since August 2023
APR 24
JUL 24
NOV 24
OCT 25
FEB 26
≈ ERRATIC
5 inspections, swinging between B and F. Consistency is the problem here, not any single visit.
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. On bar counter half and half (54F - Cold Holding) for 2 hours per operator. Operator voluntarily discarded.
★ Spotless◆ Clean streak● Perfect year✓ Never fined
Awarded on the inspection record alone. What they mean →
Disciplinary actions
2 cases · $800
| Case | Violation date | Final order | Amount |
|---|---|---|---|
| 7--2024050011 | Aug 23, 2024 | Feb 5, 2025 | $400 |
| 7--2024028353 | Apr 11, 2024 | Sep 30, 2024 | $400 |
Inspection history
10 visits, newest first
Feb 11, 2026Inspection Completed - No Further ActionRoutine Inspection
Met inspection standards. 7 violations recorded, none serious enough to require a return visit.
2 High priority1 Intermediate4 Basic
What the inspector wrote — 7 findingsThe state's own report →
Employee handled soiled equipment or utensils and then engaged in food preparation, handled clean equipment or utensils, or touched unwrapped single-service items without washing hands. In dishwashing area, moving from dirty dishware to putting away clean. Spoke with employee, employee properly washed hands before returning to work.
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. On bar counter half and half (54F - Cold Holding) for 2 hours per operator. Operator voluntarily discarded.
No paper towels or mechanical hand drying device provided at handwash sink in dishwashing area. Operator replaced.
Bowl or other container with no handle used to dispense food. In ice outside. Operator removed.
Show the remaining 3 findings ▾
Carbon dioxide/helium tanks not adequately secured. 7 by dumpster.
Single-service articles improperly stored. Uncovered coffee filters far end bar.
Unclean building components, attachments or fixtures. Heat lamps over pass through window, unused hood fixture far end cook line, accumulation of dust/grease.
Oct 17, 2025□ Call Back - CompliedRoutine Inspection
A return visit. The problems from the previous inspection had been dealt with.
0 High priority1 Intermediate2 Basic
Show 3 findings ▾
Food-contact surface soiled with food debris, mold-like substance or slime. Can opener blade in back prep area soiled. Far ends of bar, both soda gun nozzles soiled.
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Gaskets on cook line coolers, dust and grease on shelving, sides and back of fryers with grease.
Standing water in bottom of reach-in-cooler far back left cook line.
Oct 16, 2025Warning IssuedRoutine Inspection
Violations found and a warning issued, with a return visit required. 12 recorded, 5 high priority.
5 High priority2 Intermediate5 Basic
Show 12 findings ▾
Employee began working with food, handling clean equipment or utensils, or touching unwrapped single-service items without first washing hands. Observed employee entering through door from outside bar to scoop ice for drinks and handle single service straws, no handwash step. Spoke with operator regarding proper handwash steps.
Employee switched from working with raw food to ready-to-eat food without washing hands. On cook line employee touching raw chicken with gloves, change gloves to continue plating ready-to-eat foods, no handwash. Spoke with employee and operator, operator properly washed hands and donned new gloves.
Stop Sale issued due to food not being in a wholesome, sound condition. Commercially processed reduced oxygen packaged fish bearing a label indicating that it is to remain frozen until time of use no longer frozen and not removed from reduced oxygen package. In reach-in cooler far end cook,one prepared tuna pieces in reduced-oxygen packaging, fully thawed, still sealed. See stop sale.
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Cook line reach-in cooler drawers under grill raw ground beef (46F - Cold Holding); raw chicken (51F - Cold Holding); raw beef (49F - Cold Holding) per operator stored 30 minutes after drawer not closed properly. Operator iced down foods for rapid cooling. Also walk-in cooler raw ground beef (44F - Cold Holding); raw fish (44F - Cold Holding); cooked beans (47F - Cold Holding); cooked clam soup (47F - Cold Holding); cooked ground beef (47F - Cold Holding) for 2 hours thirty minutes after door open during receiving and prep period. Operator propped open attached walk-in freezer door for rapid cooling.
Warewashing sanitizing solution exceeding the maximum concentration allowed. Triple Sink outside Bar (Quaternary 500+ppm), operator diluted.
Food-contact surface soiled with food debris, mold-like substance or slime. Can opener blade in back prep area soiled. Far ends of bar, both soda gun nozzles soiled.
Spray bottle containing toxic substance not labeled. 2 in back of cook line on handwash sink. 2 over three compartment sink.
Commercially processed reduced oxygen packaged fish bearing a label indicating that it is to remain frozen until time of use no longer frozen and not removed from reduced oxygen package. In reach-in cooler far end cook,one prepared tuna pieces in reduced-oxygen packaging, fully thawed, still sealed. See stop sale.
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Gaskets on cook line coolers, dust and grease on shelving, sides and back of fryers with grease.
Single-service articles improperly stored. Uncovered coffee filters far end bar. Operator placed in bag.
Standing water in bottom of reach-in-cooler far back left cook line.
Time/temperature control for safety food thawed in an improper manner. Raw shrimp and raw beef in back prep area thawing in standing water.
Nov 14, 2024Inspection Completed - No Further ActionRoutine Inspection
Met inspection standards. 9 violations recorded, none serious enough to require a return visit.
1 High priority3 Intermediate5 Basic
Show 9 findings ▾
Pesticide-emitting strip present in outside bar.
Establishment conducts non-continuous cooking of raw animal foods without written procedures. Provided operator copy of form by email.
Food-contact surface soiled with food debris, mold-like substance or slime. Can opener blade in prep area heavily soiled.
Raw, in-shell clams/mussels/oysters from different original containers mixed together prior to preparation for service. Raw, in shell clams and oysters sharing same ice in main oyster bar. Operator separated into different containers.
Accumulation of black/green mold-like substance in the interior of the ice machine/bin. Pink and black accumulation in main kitchen ice machine.
Bowl or other container with no handle used to dispense food in foods throughout kitchen.
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Gaskets, under side of prep surfaces of reach-in coolers, freezers on cook line. Also clean dishware storage shelves with black mold like substance in dishwashing area. Operator removed shelves to dishwashing area for cleaning and sanitizing.
Old food, labels stuck to clean dishware/utensils, also containers are wet nesting.
Standing water in bottom of reach-in-cooler in outside bar, cook line far end.
Jul 25, 2024□ Call Back - CompliedComplaint Investigation
A return visit. The problems from the previous inspection had been dealt with.
0 High priority0 Intermediate1 Basic
Show 1 finding ▾
Floor soiled/has accumulation of debris in outside bar.
Jul 23, 2024Administrative complaint recommendedComplaint Investigation
Referred for a formal case, which can lead to a fine. 10 violations recorded, 4 high priority.
4 High priority2 Intermediate4 Basic
Show 10 findings ▾
Dented/rusted cans present. See stop sale. 2 cans catsup and one can clams dented at seams.
Stop Sale issued due to food not being in a wholesome, sound condition. Commercially processed reduced oxygen packaged fish bearing a label indicating that it is to remain frozen until time of use no longer frozen and not removed from reduced oxygen package. Tuna in reach-in cooler far end cook line thawed, still in package. Also red fish in reach-in cooler next to fish oven thawed, still in package.
Stop Sale issued on time/temperature control for safety food due to temperature abuse. Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Cook line far end reach-in cooler next to grill ham (51F - Cold Holding); deli turkey (50F - Cold Holding); cooked pork (49F - Cold Holding); cooked rice (51F - Cold Holding) stored overnight per operator.
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Cook line far end reach-in cooler next to grill ham (51F - Cold Holding); deli turkey (50F - Cold Holding); cooked pork (49F - Cold Holding); cooked rice (51F - Cold Holding) stored overnight per operator.
Establishment conducts non-continuous cooking of raw animal foods without written procedures. Provided operator non continuous cooking form.
No paper towels or mechanical hand drying device provided at handwash sink in back corner prep area across from can rack. Operator placed towels at sink.
Ceiling/ceiling tiles/vents soiled with accumulated food debris, grease, dust, or mold-like substance heavily soled in liquor room.
Commercially processed reduced oxygen packaged fish bearing a label indicating that it is to remain frozen until time of use no longer frozen and not removed from reduced oxygen package. Tuna in reach-in cooler far end cook line thawed, still in package. Also red fish in reach-in cooler next to fish oven thawed, still in package.
Floor soiled/has accumulation of debris in outside bar.
No handwashing sign provided at a hand sink used by food employees at front line pass through window.
Apr 12, 2024□ Call Back - CompliedRoutine Inspection
A return visit. The problems from the previous inspection had been dealt with.
0 High priority0 Intermediate1 Basic
Show 1 finding ▾
Standing water in bottom of reach-in-cooler at the end of the cook line.
Apr 11, 2024Administrative complaint recommendedRoutine Inspection
Referred for a formal case, which can lead to a fine. 16 violations recorded, 4 high priority.
4 High priority2 Intermediate10 Basic
Show 16 findings ▾
Dented/rusted cans present. See stop sale. Observed a dented #10 can of black beans in the storage area. The operator discarded the dented can.
Ready-to-eat, time/temperature control for safety food marked with a date that exceeds 7 days after opening/preparation. Observed cooked chicken prepared on site date marked 4/3. The operator discarded the chicken.
Stop Sale issued on time/temperature control for safety food due to temperature abuse. Observed cut tomatoes (48F - Cold Holding); shredded cheese (50F - Cold Holding); cut lettuce (47F - Cold Holding); raw mahi (49F - Cold Holding); raw calamari (48F - Cold Holding); raw pork (48F - Cold Holding); raw alligator (51F - Cold Holding); krab rangoon (50F - Cold Holding); mussels (49F - Cold Holding); conch fritter batter (48F - Cold Holding); raw chicken (49F - Cold Holding); raw shrimp (48F - Cold Holding) In the reach in cooler nearest the entrance to the cook line and the single door cooler. The operator was unable to determine the amount of time the above foods had been held. The operator discarded the above food items.
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Observed cut tomatoes (48F - Cold Holding); shredded cheese (50F - Cold Holding); cut lettuce (47F - Cold Holding); raw mahi (49F - Cold Holding); raw calamari (48F - Cold Holding); raw pork (48F - Cold Holding); raw alligator (51F - Cold Holding); krab rangoon (50F - Cold Holding); mussels (49F - Cold Holding); conch fritter batter (48F - Cold Holding); raw chicken (49F - Cold Holding); raw shrimp (48F - Cold Holding) In the reach in cooler nearest the entrance to the cook line and the single door cooler. The operator was unable to determine the amount of time the above foods had been held. The operator discarded the above food items.
Ambient air thermometer in holding unit not accurate within plus or minus 3 degrees Fahrenheit in the reach in cooler on the cook line.
Food-contact surface soiled with food debris, mold-like substance or slime. Observed the can opener soiled with food debris.
Accumulation of slime-like substance in the interior of the ice machine/bin.
Ceiling tile missing at the entrance to the cook line.
Ceiling vents soiled with accumulated dust.
Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items in the prep area. The operator properly stored the employee belongings.
Food stored on floor. Observed multiple boxes of food and bagged ice stored on the floor in the walk in freezer.
Ice bucket stored on floor between uses in front of the ice machine. The operator properly stored the ice buckets.
In-use wet wiping cloth/towel used under cutting board on the cook line. The operator removed the wet cloths.
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Observed the faucet handles for the hand sink near the ice machine soiled with an accumulation of debris.
Plumbing system in disrepair. Observed the faucet for the hand sink in the dish area in disrepair.
Standing water in bottom of reach-in-cooler at the end of the cook line.
Oct 27, 2023□ Call Back - CompliedRoutine Inspection
A return visit. The problems from the previous inspection had been dealt with.
0 High priority0 Intermediate2 Basic
Show 2 findings ▾
Accumulation of black/green mold-like substance in the interior of the ice machine/bin. Inside large ice machine in kitchen. Repeat from 04-04-2023
Ceiling/ceiling tiles/vents soiled with accumulated food debris, grease, dust, or mold-like substance. Build up,of dust and grease on vents above cooks line at steam table.
Aug 23, 2023Warning IssuedRoutine Inspection
Violations found and a warning issued, with a return visit required. 15 recorded, 1 high priority.
1 High priority6 Intermediate8 Basic
Show 15 findings ▾
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. On cooks line small make table cooler sliced tomatoes (49 F - Cold Holding); buttermilk ranch (51 F - Cold Holding) less than two hours. Operator moved to walk in cooler to rapidly chill.
Clam/mussel/oyster tags not marked with last date served. Some tags not dated with last date served.
Handwash sink not accessible for employee use at all times. Hand sink at kitchen entrance blacked by mop bucket. Operator removed.
Handwash sink used for purposes other than handwashing. Hand washing sink next to two compartment sink used as a dump/mop sink.
No proof of required state approved employee training provided for any employees. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233.
No proof provided that food employees are informed of their responsibility to report to the person in charge information about their health and activities related to foodborne illnesses. Provided operator with DBPR Form HR 5030-103, Employee Health Reporting Agreement
Original container of toxic substance or chemical does not bear the manufacturer's label. Unlabeled spray bottle in expo line.
Accumulation of black/green mold-like substance in the interior of the ice machine/bin. Inside large ice machine in kitchen. Repeat from 04-04-2023
Ceiling tile missing. In kitchen at front of cooks line.
Ceiling/ceiling tiles/vents soiled with accumulated food debris, grease, dust, or mold-like substance. Build up,of dust and grease on vents above cooks line at steam table.
Employee personal food not properly identified and segregated from food to be served to the public. Employee food stored inside expo line reach in cooler. Operator removed food.
Ice bucket/shovel stored on floor between uses. On side of large ice machine in kitchen. Repeat from 04-04-2023. Operator moved ice buckets.
No conspicuously located ambient air temperature thermometer in holding unit. Inside small single door cooler on cooks line.
Standing water in bottom of reach-in-cooler. Inside the small single door cooler on cooks line.
Wet wiping cloth not stored in sanitizing solution between uses. On prep table. Repeat from 04-04-2023. As a repeat violation the importance of following proper protocol with this violation was reinforced with the operator.
This record follows the licence, not the owner. Restaurants change hands and the licence history normally does not, so an older entry may describe people who no longer run the place. Every inspection above links to the state's own report. Something wrong? Tell us.