Five Guys in Palm Bay scores perfect in recent inspection

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The week of September 26-30, Brevardians had worries: Hurricane Ian, with winds, floods, power outages and the rest.

However, they should not have cared about the cleanliness and proper legal operation of restaurants in the county, as none were closed by inspectors from the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants. .

Five Guys Famous Burgers and Fries, 225 Palm Bay Road, West Melbourne; and Lucky’s Craft Food and drink1 Air Terminal Pkwy., Melbourne, were found without any violation of state regulations.

Only Maverick 321, 1132 State Road A1A, Satellite Beach, has received an administrative complaint, for operating with an expired license from the Hotel and Restaurant Division. Maverick’s, which was only found with five violations in total, had only one other high priority: “Drug container improperly stored.” Stocked with clean plates.

A follow-up inspection is required.

Newer controls:

Tied for most prolific offenders of the storm’s abbreviated week were Aztec Fiesta, 850 N. Wickham Road, Melbourne; and Oishii Hibachi Express & Poke Sushi Bowl3154 Lake Washington Road, Melbourne, with 16 offenses each.

Four high-priority violations were found at Fiesta Azteca:

  • “Raw pet food stored above/not properly separated from ready-to-eat food.”
  • “Raw pet food is not properly segregated from each other in the storage unit, based on the minimum cooking temperature required.”
  • “Sale stop issued on time/temperature control for safety. . . due to temperature abuse.
  • “Time/Temperature Control for Safety: Foods Chilled Above 41 Degrees Fahrenheit.”

Oishii was found with five high priority offences:

  • “The employee switched from working with raw food to ready-to-eat food without washing his hands.”
  • “Utensil in use stored in dirty water at or above 135 degrees Fahrenheit.”
  • “Raw pet food stored above/not properly separated from ready-to-eat food.”
  • “Time/temperature control for safety foods, other than whole meat roasts, kept warm at less than 135 degrees Fahrenheit.”
  • “Missing vacuum breaker on pipe or added fitting/separator on pipe.”

They were followed by:

Taphouse coasters5675 N Atlantic Ave. Cocoa Beach, which recorded 11 violations, including three high priority:

  • “Ready-to-eat, time/temperature control for safety foods marked with a date greater than seven days after opening/preparation.”
  • “Ready-to-eat, time/temperature control for security foods not consumed/sold within seven days of opening/preparation”, for which a stop sale has been issued.
  • “Time/Temperature Control for Safety: Foods Chilled Above 41 Degrees Fahrenheit.”

crafty crab225 Palm Bay Road, West Melbourne, which also recorded 11 breaches, three of which were high priority:

  • “Dented/rusty boxes present”, for which he received a stop sale.
  • “Raw pet food stored above/not properly separated from ready-to-eat food.”
  • “Seashells received from unapproved/unlisted sender.”

Sometimes state inspections of restaurants aren’t for vermin, dirt, or food mishandling. Sometimes violations occur after employees leave pill bottles in the wrong place or when hose sprayers are not properly adjusted. Techniques play their part.

Yet it is always much more instructive to read the reports in their entirety and skim through the files. Find them at

Either way, if you notice abuse of state standards, report it and DBPR will send inspectors. Dial 1-850-487-1395.

What Do Restaurant Inspection Terms Mean

What does all this terminology mean in state restaurant inspections?

Basic offenses are those considered in relation to best practices.

Intermediate offenses are those which, if left untreated, could lead to factors contributing to foodborne illness or injury, including insufficient staff training, insufficient documentation or record keeping and labelling.

Violation of high priority rules are those that could directly contribute to foodborne illness or injury, such as cooking, reheating, cooling, and hand washing.

A Attention is issued after an inspector has documented a violation that must be corrected by a certain date or within a specified number of days from receipt of the inspection report.

A administrative complaint is a form of legal action brought by the division. Insufficient compliance after a warning, a pattern of repeated violations, or the existence of serious conditions warranting immediate action may cause the division to file an administrative complaint against the establishment. Administrative complaints can be issued for basic, intermediate or high priority infringements.

According to the division’s website, “Correcting violations is important, but penalties can still result from violations corrected after the warning period ends.”

A emergency order — when a restaurant is closed by the inspector — is based on an immediate threat to the public. In these circumstances, the Director of the Hotel and Restaurant Division has determined that the establishment must cease operations and any division license is suspended to protect the health, safety or welfare of the public.

24-hour call-back inspections are made after emergency closures or license suspensions and an establishment may only reopen after an inspection shows that all high priority violations that caused the suspension are corrected.

For more information, visit

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About Walter Bartholomew

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