Photo courtesy J.C. Martin
Membership InformationBeach Way Subs
According to Florida Statute 509.035; an emergency closure is not a disciplinary action, but rather an action taken to mitigate conditions that pose an elevated risk to the health, safety or welfare of the public or the establishment's employees. The licensee is closed until the conditions are corrected. Examples of conditions warranting immediate closure include: lack of approved utilities or hot water, sewage backups or overflows, fire damage, pest infestation or inadequate refrigeration.
A 24-hour callback inspection will be performed after an emergency closure or emergency suspension of license. The establishment may reopen only when a division inspection shows that all critical violations that caused the suspension are corrected.
The Division of Hotels and Restaurants conducts regular inspections of public food service establishments to assure compliance with state sanitation and safety laws.
Beach Way Subs either allowed conditions to exist that pose an immediate threat to the public's health and safety or repeatedly did not correct non-critical violations noted during routine and call-back inspections, despite being given oral and written warnings and ample time to do so.
Each of the listed cases involves either a signed stipulation (“settlement”) between the Department of Business and Professional Regulation (DBPR) and Beach Way Subs or a Final Order issued after a formal administrative hearing has been conducted. Section 509.261, Florida Statutes, authorizes the Division of Hotels and Restaurants to fine, suspend or revoke the license of establishments that do not comply with state health and safety laws.
Each inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Beach Way Subs, Cocoa Beach may have fewer or more violations than noted in their most recent inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Beach Way Subs, Cocoa Beach.
A summary of violations found during inspections are listed in the Food Service Inspection boxes above. Cited are violations of Florida's sanitation and safety laws, which are based on the standards of U.S. Food and Drug Administration's Food Code.
In general, critical violations are those that, if not corrected, are more likely to contribute directly to food contamination, illness or environmental damage. Although the Department of Business and Professional Regulation (DBPR) use the industry-standard term "critical", varying degrees of severity and potential risk to the public require inspectors to assess each situation in determining the appropriate action. In addition, while Beach Way Subs, Cocoa Beach may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure the public health and safety.
Noncritical violations do not directly relate to foodborne illness risk, but are preventive measures that include practices and procedures which effectively control environmental conditions. Left uncorrected, noncritical violations can undermine the overall food safety program of an establishment and lead to the development of critical violations.
While most establishments correct all violations in a timely manner (often during the inspection), the division's procedures are designed to compel compliance with all violations through follow-up visits, administration action or closure when necessary.
Violations listed refer to the revelant section of Florida regulation that has been observed to be deficient during the inspection. Each establishment must comply with the language of the inspection statement. For purposes of enforcement and compliance, the DBPR recognizes the status as printed on the inspection form, although the severity of the violation observed may warrant additional action regardless of its "critical/noncritical" designation.