Mar y Tierra Family Mexican Restaurant scores 13 on health inspection

They were in the mood for some Mexican food so a couple of friends drove one hour from Marietta to Lilburn, only to find their favorite taco joint closed down — by the county health department.

The doors of Mar y Tierra Family Mexican Restaurant of Lilburn were ordered shut this week after the establishment received a failing score on a health inspection. The restaurant received a 13 out of a possible 100 points for numerous violations including holding foods at temperatures that spur bacteria growth and a roach infestation.

Officials at the Georgia Division of Public Health can't recall a lower score — ever.

"It is the lowest in the state's history that we know of.'' Taka Wiley, public information officer for the Georgia Division of Public Health

Restaurant manager Emilio Lopez blamed the failing grade on the state's new food service code, saying Wednesday that he had not received notice of the changing standards.

"It's not for the food; for clean," he said of the score. "It's little things, like the freezer is leaking a little water, a couple of things like this."

The news caught customers Oscar Lara, 34, and Tom Runner, 65, of Marietta by surprise Wednesday.

When they pulled into the empty parking lot of the restaurant at 521 Indian Trail Road, Lara, a landscape worker, was looking forward to having fish soup. Runner's mouth watered for roasted pork carnitas.

A sign posted on the door said Mar y Tierra was "closed for drain problems." The pair nearly lost their appetites when they learned the real reason the restaurant was close.

"We came from Marietta to eat here," said Runner, who hadn't eaten at the restaurant in two months. "The service is good; the people are friendly. This is surprising."

The restaurant's permit was suspended because so many problems were found, according to the inspection form. The report lists 32 violations found during the six-hour inspection.

Mold was found in the ice machine. Raw chicken was placed over uncovered fresh onions in a cooler. Meat served cold on the lunch buffet was not stored properly over ice. Food handlers were observed preparing meals without gloves or proper sanitation.

Restaurant owners asked for the inspection because they were in the process of changing their name from Las Chelas to Mar y Tierra, said Vernon Goins, a spokesman for the East Metro Health District. The change requires a new inspection.

"They cannot open again until they get a passing score," Goins said . "They are applying for a new permit so [the score] will have to be 100.''

Many of the violations noted on the inspection also were penalized under the previous health code, because they are considered risk factors for foodborne illness. Those include holding warm rice, chicken fajitas and chimichangas at an improper temperature, a cooler that wasn't keeping foods cold enough and cross-contamination of foods.

Other violations weren't covered by the previous code, such as employees preparing ready-to-eat food with bare hands.

The state passed the new food service code in January 2007. It took effect Dec. 1, 2007, to give restaurants and inspectors time to learn the new rules. Counties have taken varying approaches to enforcing the updated code.

The East Metro Health District of Gwinnett, Newton and Rockdale counties started an education program on the rule changes two years ago. Its inspectors are checking to ensure that operators comply with all provisions of the code now, Goins said. Scores are down an average of 7 to 10 percent in the district since December, Goins said.

Some other counties in metro Atlanta, such as Cobb and DeKalb, are phasing in the new rules over the next few months.

Lopez said he hoped to reopen the restaurant on Friday. Mar y Tierra would have to pass a health inspection before serving customers again.

Lopez contended that inspectors might be targeting the restaurant because it is Mexican-owned.

"If the guys come here and check things like that in every restaurant, I think that guy will close every restaurant," Lopez said.

"Some American restaurants are very dirty in the kitchen. I don't know if it's only because it's a Mexican restaurant, or how it happened."

On the same day that Mar y Tierra failed its inspection, Gwinnett inspectors also gave failing grades to a Fuddruckers at 1915 Scenic Highway in Snellville and Tim's Rib Joint at 465 Dacula Road in Dacula.

Customers at a package store in Lilburn beside Mar y Tierra said they doubted they would return even if the place passed inspection again.

Jose Escobar of Norcross said he ate chicken quesadillas there about a month ago. "It tasted good," but it was not good enough to make him a regular customer. "Not after that."