Establishment
Establishment Name AGAVES MEXICAN GRILLE & CANTINA License Number 41066 Risk Category Category I - High Risk Less Than 5,000 sq. ft.
Physical Address 10478 S RIDGEVIEW RD
Olathe, KS 66061
Telephone 5738257740 Permit Holder AGAVES OLATHE LLC
Inspection Details
Date 10/14/2026 Time In 01:22 PM Time Out 06:20 PM Inspection Reason Complaint
Inspector(s) KDA 188* Follow-Up Required Yes
Risk factors are improper practices or procedures identified as the most prevalent contributing factors of food-borne illness or injury. Public health interventions are control measures to prevent food-borne illness or injury.
Good Retail Practices are preventative measures to control the addition of pathogens, chemicals and physical objects into foods.
Violations cited in this report must be corrected within the time frames entered below, or as stated in sections 8-405.11 of the food code.
P=Priority Violation, Pf=Priority foundation violation, HACCP=Hazard Analysis-Critical Control Point, BHC=Bare Hand Contact, RTE=Ready to Eat, HSP=Highly Susceptible Population, K.S.A.=Kansas Statutes Annotated, All temperatures are measured in degrees Fahrenheit (°F).
IF YOU HAVE ANY QUESTIONS PLEASE VISIT www.agriculture.ks.gov, EMAIL kda.fsl@ks.gov, OR CALL (785) 564-6767.
IN = In compliance   OUT = Not in compliance   N/O = Not observed   N/A = Not applicable   * = Corrected on site during inspection (COS)   R = Repeat Violation
Risk Factors
Supervision and Demonstration of Knowledge
1 Certification by accredited program, compliance with Code, or correct responses; Duties. IN
Employee Health/Responding to Contamination Events
2 Management awareness; policy present; cleanup plan. IN
3 Proper use of reporting, restriction and exclusion. IN
Good Hygienic Practices
4 Proper eating, tasting, drinking, or tobacco use. IN
5 No discharge from eyes, nose and mouth. IN
Preventing Contamination by Hands
6 Hands clean and properly washed. IN
7 No bare hand contact with RTE foods or approved alternate method properly followed. IN
8 Adequate handwashing facilities supplied and accessible. OUT, (*)
Approved Source
9 Food obtained from approved source. IN
10 Food received at proper temperature. N/O
11 Food in good condition, safe and unadulterated. OUT
12 Required records available: shellstock tags, parasite destruction. N/A
Protection from Contamination
13 Food separated and protected. OUT, (*)
14 Food-contact surfaces: cleaned and sanitized OUT, (*)
Protection from Contamination (cont.)
15 Proper disposition of returned, previously served, reconditioned and unsafe food IN
Temperature Control for Safety Time/Temperature
16 Proper cooking time and temperatures. N/O
17 Proper reheating for hot holding procedures. N/O
18 Proper cooling time and temperatures. N/O
19 Proper hot holding temperatures. IN
20 Proper cold holding temperatures. IN
21 Proper date marking and disposition. OUT, (*)
22 Time as a public health control: procedures and records. N/A
Consumer Advisory
23 Consumer advisory provided for raw or undercooked foods. IN
Highly Susceptible Populations
24 Pasteurized foods used; prohibited foods not offered. N/A
Chemical
25 Food additives: approved and properly used. N/A
26 Toxic substances properly identified, stored and used. OUT, (*)
Conformance with Approved Procedures
27 Compliance with equivalent operating plan, specialized process and HACCP plan. N/A
Good Retail Practices
Safe Food and Water
28 Pasteurized eggs used where required. N/A
29 Water and ice from approved source. IN
30 Equivalent operating plan obtained for specialized processing methods. N/A
Food Temperature Control
31 Proper cooling methods used; adequate equipment for temperature control. IN
32 Plant food properly cooked for hot holding. IN
33 Approved thawing methods used. N/O
34 Thermometers provided and accurate. IN
Food Identification
35 Food properly labeled; original container. IN
Prevention of Food Contamination
36 Insects, rodents and animals not present. IN
37 Contamination prevented during food preparation, storage and display. IN
38 Personal cleanliness. IN
39 Wiping cloths: properly used and stored. OUT, (*)
40 Washing fruits and vegetables. N/O
Proper Use of Utensils
41 In-use utensils: properly stored. IN
42 Utensils, equipment and linens: properly stored, dried and handled. IN
Proper Use of Utensils (cont.)
43 Single-use and single-service articles: properly used. IN
44 Gloves used properly. IN
Utensils, Equipment and Vending
45A Food and non-food contact surfaces cleanable, properly designed, constructed and used - Priority and Priority foundation items. IN
45B Food and non-food contact surfaces cleanable, properly designed, constructed and used - Core items. IN
46 Warewashing facilities: installed, maintained and used; test strips. IN
47 Non-Food contact surfaces clean. IN
Physical Facilities
48 Hot and cold water available; adequate pressure. IN
49 Plumbing installed; proper backflow devices. IN
50 Sewage and waste water properly disposed. IN
51 Toilet facilities: properly constructed, supplied and clean. IN
52 Garbage and refuse properly disposed; facilities maintained. IN
53 Physical facilities installed, maintained and clean. IN
54 Adequate ventilation and lighting; designated areas used. IN
Administrative/Other
55 Other violations OUT, (*)
Risk Factors
Item Code Section Priority Comment
8 5-205.11(B) Pf A HANDWASHING SINK may not be used for purposes other than handwashing.
Inspector Comment: The mainline handwash sink was being used to hold a strainer and utensils.

The bar handwash sink was being used to dump frozen drinks in.

COS: discussed the proper use of the hand sink, hand sinks are for washing hands only, items removed from the basin
8 6-301.12 Pf Each HANDWASHING SINK or group of adjacent HANDWASHING SINKS shall be provided with: Individual, disposable towels; a continuous towel system that supplies the user with a clean towel; a heated-air hand drying device; or a hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures.
Inspector Comment: The main line handwash sink did not have any hand drying provisions.

COS: paper towels supplied
11 3-101.11 P FOOD shall be safe, UNADULTERATED, and honestly presented.
Inspector Comment: In the walk in cooler (WIC) one pan of jalepenos were found with mold on their surface.

COS: education provided, jalepenos discarded
13 3-302.11(A)(1) P Cross Contamination (Raw READY-TO-EAT FOOD)
Inspector Comment: In the WIC the following items were found stored on wires shelves above ready to eat (RTE) foods:
*raw steak in a covered pan above an unwrapped pan of foil wrapped cooked potatoes
*one pan of raw bacon with plastic wrap sitting directly on top of a pan of cooked birria
*raw chicken in a pan with a lid directly over RTE pico in a plastic tub with lid

No leakage observed.

COS: discussed all raw items being kept below so as to lower the risk of contamination, raw items moved to the bottom shelves
13 3-302.11(A)(2) P Cross Contamination (Raw Animal FOOD type separation) - FOOD shall be protected from cross contamination by separating types of raw animal FOODS from each other such as beef, FISH, lamb, pork, and POULTRY during storage, preparation, holding, and display by: Using separate equipment for each type; Arranging each type of FOOD in equipment so that cross contamination of one type with another is prevented; or Preparing each type of FOOD at different times or in separate areas
Inspector Comment: Raw beef steaks in intact packaging was found on a wire shelf above a pan of uncovered raw fish (no leakage observed)

COS: education provided, shelves rearranged
14 4-601.11(A) Pf Food Contact Clean to Sight and Touch - EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch.
Inspector Comment: 3 pans stored as clean were found with sticker residue on their surfaces.

COS: pans removed from service and rewashed
14 4-702.11 P Sanitizing Before Use, After Cleaning - UTENSILS and FOOD-CONTACT SURFACES of EQUIPMENT shall be SANITIZED before use after cleaning.
Inspector Comment: The chlorine in the dishwasher was found at 0PPM. The sani was replaced and run again and still tested at 0PPM. Dishes were being done during the inspection, but not being sanitized as there is no chlorine being pulled thru the machine. There is a large air bubble in the sanitizer line.

COS: set up the 3 compartment sink to sanitize dishes after they are washed, this process must be done until the dishwasher has been looked and fixed in order for the dishes to be properly sanitized

10 day follow to check the dishmachine
21 3-501.18(A)(1) P P - RTE TCS, Disposition (discard if held more than 7 days) Refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (TCS) prepared or opened and held in a FOOD ESTABLISHMENT for more than 24 hours shall be discarded if it is held at a temperature of 5°C (41°F) or less for more than 7 days, with the day of preparation counted as Day 1.
Inspector Comment: The following items were found with the following prep dates:
made on site (MOS) mango salsa 9/21/26
MOS salsa san jose 10/7/26
MOS mole 9/3/26
diced tomatoes 10/7/26
MOS salsa marinade 9/23/26
MOS cooked chile relleno 10/2/26
cooked nopales 9/27/26
cooked potatoes 9/25/26
MOS birria consume 9/30/26
MOS diablo salsa 9/3/26
MOS zarandiado salsa 8/9/26
enchilada salsa 9/30/26 (2)
burrito salsa 10/5/26 (2)
MOS salsa 9/24/26

Today is 10/14/26, these are all past 7 days

COS: all items discarded voluntarily, education provided

21 3-501.17(A) Pf Pf - Date Marking (Prepared on-site, held > 24 hours) TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (TCS) prepared and held in a FOOD ESTABLISHMENT for more than 24 hours shall be clearly marked to indicate the date or day by which the FOOD shall be consumed on the PREMISES, sold, or discarded when held at a temperature of 5ºC (41ºF) or less for a maximum of 7 days. The day of preparation shall be counted as Day 1.
Inspector Comment: Throughout the establishment the following items were found without dates of prep, the PIC stated the following dates is when they were actually prepped:
nopales 10/13/26
MOS chipotle salsa 10/12/26
MOS chicken enchiladas 10/10/26
MOS tamales 10/12/26
MOS verde salsa 10/12/26
MOS habanero salsa 10/12/26
MOS salsa 10/11/26

COS: dates given and items labeled, education provided
21 3-501.17(B) Pf Pf - Date marking (Commercially prepared, opened, held > 24 hours) Refrigerated, READY-TO-EAT, TIME/TEMPERATURE CONTROL FOR SAFETY FOOD (TCS) prepared and PACKAGED by a FOOD PROCESSING PLANT shall be clearly marked, at the time the original container is opened in a FOOD ESTABLISHMENT and if the food is held for more than 24 hours, to indicate the date or day by which the FOOD shall be consumed on the PREMISES, sold, or discarded when held at a temperature of 5°C (41°F) or less for a maximum of 7 days and: (1) The day the original container is opened in the FOOD ESTABLISHMENT shall be counted as Day 1; and (2)The day or date marked by the FOOD ESTABLISHMENT may not exceed a manufacturer's use-by date if the manufacturer determined the use-by date based on FOOD safety.
Inspector Comment: In the main line reach in cooler (RIC) opened fully cooked hot dogs were found open in a baggie inside of a pan with the date 9/17/26. Today is 10/14/26 so this would be pst 7 days, but the PIC stated these were opened 10/9/26 and placed in this pan without changing the date.

COS: spoke about always using a clean pan when restocking (hot dogs were stored in a baggie) 10/9 applied to the container
26 7-101.11 Pf Chemical labels (Original Container) Containers of POISONOUS OR TOXIC MATERIALS and PERSONAL CARE ITEMS shall bear a legible manufacturer's label.
Inspector Comment: One working spray bottle of yellowish liquid was found in the dish area. The PIC stated this was degreaser.

COS: bottle lableled
Good Retail Practices
Item Code Section Priority Comment
39 3-304.14(B)(1) C Wiping cloths (Storage) Cloths in-use for wiping counters and other EQUIPMENT surfaces shall be held between uses in a chemical sanitizer solution at an appropriate concentration.
Inspector Comment: Green scrubby sponges found stored in red sani buckets at 0PPM.

COS: discussed the proper way to pour and measure sanitizer, and the chlorine tested at 50PPM in the new sani bucket
55 8-304.11(A) C Upon issuance of the LICENSE by the REGULATORY AUTHORITY, the LICENSEE shall post the LICENSE in a location in the FOOD ESTABLISHMENT that is conspicuous to CONSUMERS.
Inspector Comment: No Food establishment license on display for consumers.

COS: PIC found the license and is going to print out and put in a frame
Non-Violative Comments
Item Comment
2 Discussed the Employee illness policy, the big 6 and the bodily fluid clean up policy
19 Hot holding temps: queso 136F rice 144F ground beef 157F
20 cold holding temps: chees 40F pico 39F milk 35F tamales 37F
32 PInto beans cooked and hot held temped at 157F
34 thermometer provided, discussed calibration, sending the thermometer calibration document
46 3 compartment sink temped at 137F 3 compartment sink is used to prewash dishes and then they are run thru the dishwasher.
Published Comment
Complaint number[s] addressed during this Routine Inspection: 31148 This report also serves as your routine inspection All cold-holding units were checked and all food temperatures were in compliance [except as noted]. All hot-holding units were checked and all food temperatures were in compliance [except as noted].
Food Disposals
Item Disposal Type Disposition Type Amount Description
Other Trash Voluntary 200.00 jalapenos, see number 21 for further discarded foods
Guidance Documents Issued
Guidance and template plan Date Marking Cooking Temperatures Daily Self-Inspection Checklist Two-Stage Cooling
Signatures
Person In Charge
Inspector
Score Summary
Risk LevelRisk FactorsGood Retail PracticesTotal
Priority505
Priority Foundation606
Core022
None000
Total11213
Kansas Department of Agriculture
Food Safety and Lodging Program
1320 Research Park Drive  •  Manhattan, KS 66502
(office) 785-564-6767  •  (fax) 785-564-6777

Notice of Non-Compliance
Inspection Date 10/14/2026 License Number 41066 Inspection No. INSP00307546 Reason Complaint
Business AGAVES MEXICAN GRILLE & CANTINA 10478 S RIDGEVIEW RD
Olathe, KS 66061
Phone 5738257740 Inspector Badge ID KDA 188*
Visit DateTime InTime Out
10/14/202601:22 PM06:20 PM

NOTICE OF NON COMPLIANCE WITH KANSAS LAW

The Kansas Food, Drug and Cosmetic Act, effective July 1, 2012 includes K.S.A. 65-655 et seq. and regulations promulgated pursuant thereto and grants the Kansas Department of Agriculture the authority to regulate food establishments and food processing plants

The Kansas Food, Drug and Cosmetic Act requires that all violations shall be corrected no later than 10 days after this inspection unless otherwise directed on this form.

Failure to comply with the food safety law and its regulations may result in embargo of non-compliant products; immediate closure of your establishment; civil penalties of up to $1,000.00 per violation; denial of license renewal, modification, suspension and /or revocation of any license or authority issued pursuant to the food safety law; and/or any other penalty authorized by law. Pursuant to K.S.A 65-655 et seq, licensees issued authority under Kansas Food, Drug and Cosmetic Act may apply to the secretary for an extension of the time prescribed above.

PLEASE CALL (785) 564-6767 IF YOU HAVE ANY QUESTIONS

Follow up Scheduled: 10/24/2026

Inspector
Acknowledged Receipt
Kansas Department of Agriculture
Food Safety and Lodging Program
1320 Research Park Drive  •  Manhattan, KS 66502
(office) 785-564-6767  •  (fax) 785-564-6777

Voluntary Destruction
Inspection Date 10/14/2026 License Number 41066 Inspection No. INSP00307546 Reason Complaint
Business AGAVES MEXICAN GRILLE & CANTINA 10478 S RIDGEVIEW RD
Olathe, KS 66061
Phone 5738257740 Inspector Badge ID KDA 188*
Visit DateTime InTime Out
10/14/202601:22 PM06:20 PM

Actions

Number of Products Voluntarily Destroyed: 1

VOLUNTARY DESTRUCTION REPORT

has this day voluntarily destroyed, or caused to be destroyed, the merchandise described below. Said merchandise found in the establishment was unfit for human consumption, misbranded, or otherwise unlawful. Destruction and final disposition of said merchandise has been made in a manner approved by the above named inspector, representative of the Kansas Department of Agriculture.

, representing the establishment, hereby releases the Kansas Department of Agriculture, and its members, agents, and representatives from any and all liability.

ProductDisposal TypeValueDescription
OtherTrash$200.00jalapenos, see number 21 for further discarded foods
Inspector
Acknowledged Receipt