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Athen Gyros

Athen Gyros
269 W Cocoa Beach Cswy
Cocoa Beach, FL 32931
(321)784-4874

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No (0) Emergency Closure Orders Since October 2008
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2 Disciplinary Activity Orders Since January 2007

NoticeThe Division of Hotels and Restaurants conducts regular inspections of public food service establishments to assure compliance with state sanitation and safety laws.

Athen Gyros 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 Athen Gyros 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.


Case Number: 4--2013045082 - On November 14, 2013 Athen Gyros, Cocoa Beach was ordered to pay $200 for violations observed during its September 19, 2013 inspection.

Case Number: 4--2014001113 - On January 22, 2014 Athen Gyros, Cocoa Beach was ordered to pay $400 for violations observed during its December 16, 2013 inspection.

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No (0) Food Misrepresentation Cases Since March 2006
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4 Food Service Inspections Since July 1, 2014
Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5395961
Inspection Date: Friday, January 02, 2015
Inspection Number: 2445435
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.
Total Number of Violations: 14
Number of High Priority Violations: 1
Number of Intermediate Violations: 2
Number of Basic Violations: 11
Details
ViolationObservations of Inspector [as written on inspection]
32-04-4 Basic.Bathroom located inside establishment not completely enclosed with tight-fitting, self-closing doors. Mens room
23-06-4 Basic.Build-up of food debris, dust or dirt on nonfood-contact surface. The portable fan is dusty.
13-03-4 Basic.Employee with no hair restraint while engaging in food preparation.
14-13-4 Basic.Food-contact surface not smooth and easily cleanable. The kick plate is missing on the flat top grill
36-13-4 Basic.Grease accumulated under cooking equipment.
51-18-4 Basic.No copy of latest inspection report available.
35B-03-4 Basic.Outer openings not protected with self-closing doors. North door
14-41-4 Basic.Reach cooler gasket torn/in disrepair. Line oooler
23-05-4 Basic.Soil residue build-up on nonfood-contact surface. Outside of small ice cooler under soda machine
14-17-4 Basic.Walk-in cooler/freezer shelves with rust that has pitted the surface. The vegetable baskets are rusty **. Repeat Violation**
36-26-4 Basic.Wall soiled with accumulated black debris in dishwashing area.
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. There is raw eggs over sour cream in cooler **. Repeat Violation**
22-02-4 Intermediate.Accumulation of food debris/grease on food-contact surface. Tea machine
11-07-4 Intermediate.Certified Food Manager or person in charge lacks knowledge of foodborne illnesses and symptoms of illness that would prevent an employee from working with food, clean equipment and utensils, and single-service items.

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5396671
Inspection Date: Tuesday, October 14, 2014
Inspection Number: 2423643
Visit Number: 3
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Complied - Return visit from a previous warning found violations to be corrected.
Total Number of Violations: 2
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
29-09-4 Basic.Faucet/handle missing at plumbing fixture. There is a wrench instead of a handle on the hot water **Warning**
14-33-4 Basic.Reach-in cooler shelves with rust that has pitted the surface. Veggie cooler **Warning**

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5395691
Inspection Date: Monday, August 18, 2014
Inspection Number: 2423643
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Extension given, pending
Total Number of Violations: 4
Number of High Priority Violations: 0
Number of Intermediate Violations: 2
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
29-09-4 Basic.Faucet/handle missing at plumbing fixture. There is a wrench instead of a handle on the hot water **Warning**
14-33-4 Basic.Reach-in cooler shelves with rust that has pitted the surface. Veggie cooler **Warning**
14-16-4 Intermediate.Multiuse food-contact surface not smooth, free of breaks/cracks/chips/pits/crevices. There is a broken door on prep box **Warning**
53B-13-4 Intermediate.Proof of required state approved employee training not available for some employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. **Warning**

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5326493
Inspection Date: Friday, August 15, 2014
Inspection Number: 2423643
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Warning Issued - Sanitary and/or safety conditions require the inspector to return in the near future to ensure corrective action has been taken for violations found.
Total Number of Violations: 10
Number of High Priority Violations: 3
Number of Intermediate Violations: 4
Number of Basic Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
25-13-4 Basic.Case of single-service articles stored on floor in dry storage area/kitchen/wait station. To go containers **Warning**
29-09-4 Basic.Faucet/handle missing at plumbing fixture. There is a wrench instead of a handle on the hot water **Warning**
14-33-4 Basic.Reach-in cooler shelves with rust that has pitted the surface. Veggie cooler **Warning**
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Kabobs not maintaining 41f or below. Corrective action taken. Relocated to the freezer for quick chill. The unit in question is the 4 drawer cooler under schwarma machine **Warning**
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. Raw beef over fries in freezer **. Repeat Violation** **Warning**
41-02-4 High Priority.Toxic substance/chemical stored by or with food. Fabreze nextto sliver on prep table **Warning**
14-16-4 Intermediate.Multiuse food-contact surface not smooth, free of breaks/cracks/chips/pits/crevices. There is a broken door on prep box **Warning**
31B-02-4 Intermediate.No paper towels or mechanical hand drying device provided at handwash sink. Dish area **. Repeat Violation** **Warning**
53B-13-4 Intermediate.Proof of required state approved employee training not available for some employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. **Warning**
14-80-4 Intermediate.Refrigerator not maintaining potentially hazardous (time/temperature control for safety) food at proper temperatures. Do not store potentially hazardous (time/temperature control for safety) food in this unit until the unit is capable of maintaining foods at 41 degrees Fahrenheit or colder. Prep box. Do not use until repaired, kabobs rmoved from unit to freezer **Warning**

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7 Food Service Inspections for July 1, 2013 - June 30, 2014
Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5233951
Inspection Date: Monday, June 09, 2014
Inspection Number: 2379679
Visit Number: 3
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Admin. complaint recommended
Total Number of Violations: 1
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
51-09-4 Basic.Establishment did not report seating change that affects the license fee, Clean Indoor Air Act, sewage system approval or other related requirements. 38 seats on site. Provide seating change form for increased seats Seating form mailed

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5233806
Inspection Date: Monday, May 05, 2014
Inspection Number: 2379679
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Extension given, pending
Total Number of Violations: 3
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
51-09-4 Basic.Establishment did not report seating change that affects the license fee, Clean Indoor Air Act, sewage system approval or other related requirements. 38 seats on site. Provide seating change form for increased seats Seating form form rmailed
21-10-4 Basic.In-use wet wiping cloth/towel used under cutting board.
29-23-4 Basic.Water leaking from faucet/faucet handle. Broken faucet handle at dish sink. Hot side

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5219956
Inspection Date: Friday, May 02, 2014
Inspection Number: 2379679
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Administrative complaint recommended - Existence of critical violations found in an initial inspection require administrative action to ensure compliance.
Total Number of Violations: 15
Number of High Priority Violations: 3
Number of Intermediate Violations: 5
Number of Basic Violations: 7
Details
ViolationObservations of Inspector [as written on inspection]
51-11-4 Basic.Carbon dioxide/helium tanks not adequately secured. **Corrected On-Site**
51-09-4 Basic.Establishment did not report seating change that affects the license fee, Clean Indoor Air Act, sewage system approval or other related requirements. 38 seats on site. Provide seating change form for increased seats
21-10-4 Basic.In-use wet wiping cloth/towel used under cutting board.
14-29-4 Basic.Nonfood-grade plastic to-go/thank you bags used in direct contact to store food. Falafel mix **Corrected On-Site**
08B-26-4 Basic.Stored food not covered in chest freezer. The gyro roll is directly on the dirty cooler bottom **Corrected On-Site**
36-26-4 Basic.Wall soiled with accumulated black debris in dishwashing area.
29-23-4 Basic.Water leaking from faucet/faucet handle. Broken faucet handle at dish sink. Hot side
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Falafel 53f, babaganoush 53f, grape leaves 48f, hummus 48f , greek salad with feta 49f In large prep box **Admin Complaint**
03B-01-4 High Priority.Potentially hazardous (time/temperature control for safety) hot held at less than 135 degrees Fahrenheit or above. Cicken stir fry 98f **Corrected On-Site**
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. Beef over fries **Corrected On-Site**
14-74-4 Intermediate.Cold holding equipment incapable of maintaining potentially hazardous (time/temperature control for safety) food at proper temperatures. Do not store potentially hazardous (time/temperature control for safety) food in this unit until the unit is capable of maintaining foods at 41 degrees Fahrenheit or colder. Large buffet storage table on the line.
22-05-4 Intermediate.Cutting board(s) stained/soiled. Red cutting board.
31B-02-4 Intermediate.No paper towels or mechanical hand drying device provided at handwash sink. Dish area **Corrected On-Site**
05-08-4 Intermediate.No probe thermometer provided to measure temperature of food products.
22-07-4 Intermediate.Slicer blade guard soiled with old food debris.

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5168636
Inspection Date: Thursday, February 20, 2014
Inspection Number: 2321798
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Admin. complaint recommended
Total Number of Violations: 4
Number of High Priority Violations: 0
Number of Intermediate Violations: 2
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
14-09-4 Basic.Cutting board has severe cut marks on front line and is no longer cleanable. **Warning**
21-10-4 Basic.In-use wet wiping cloth/towel used under cutting board. **Warning**
22-05-4 Intermediate.Cutting board(s) stained/soiled. **Warning**
31A-11-4 Intermediate.Handwash sink used for purposes other than handwashing. Cups and buckets in hand sink by register **. Repeat Violation** **Warning**

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5168477
Inspection Date: Monday, December 16, 2013
Inspection Number: 2321797
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Admin. Complaint Callback Not Complied - Corrections to violations that resulted in an administrative complaint were not completed at the time of inspection. Violations may not be noted again on these inspection reports.
Total Number of Violations: 3
Number of High Priority Violations: 2
Number of Intermediate Violations: 1
Number of Basic Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
03A-14-4 High Priority.Cheese/milk/creamer/other dairy products cold held at greater than 41 degrees Fahrenheit. Taziki 53f, cut tomatoes 54f, cut lettuce 47f. These items were on the top of the small prep box. The bottom of the cooler is maintaining 38f. The top of the cooler is greater than 41f. These items were placed in the box about 10am **Admin Complaint** **. Repeat Violation**Hummus 53°, pasta salad52°, Greek salad 50°
03A-09-4 High Priority.Cooked fruits/vegetables cold held at greater than 41 degrees Fahrenheit. Spinach pie 80fSpinach pie74°
31A-11-4 Intermediate.Handwash sink used for purposes other than handwashing. Storing windex

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5009920
Inspection Date: Monday, December 16, 2013
Inspection Number: 2321798
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Warning Issued - Sanitary and/or safety conditions require the inspector to return in the near future to ensure corrective action has been taken for violations found.
Total Number of Violations: 25
Number of High Priority Violations: 5
Number of Intermediate Violations: 10
Number of Basic Violations: 10
Details
ViolationObservations of Inspector [as written on inspection]
51-11-4 Basic.Carbon dioxide/helium tanks not adequately secured. **. Repeat Violation** **Warning**
25-10-4 Basic.Coffee filters not stored in a protected manner to prevent contamination. In kitchen area **Warning**
14-09-4 Basic.Cutting board has severe cut marks on front line and is no longer cleanable. **Warning**
14-11-4 Basic.Equipment in poor repair. Door on cook line cooler broken and doesn't keep a tight seal **Warning**
08B-30-4 Basic.Food stored in dry storage area not covered. Spices on shelf in kitchen **Warning**
10-19-4 Basic.In-use tongs stored on oven door handle. **Warning**
21-10-4 Basic.In-use wet wiping cloth/towel used under cutting board. **Warning**
51-18-4 Basic.No copy of latest inspection report available. **Warning**
14-29-4 Basic.Nonfood-grade plastic to-go/thank you bags used in direct contact to store food. Falafel stored in non food grade bag **Warning**
36-26-4 Basic.Wall soiled with accumulated black debris in dishwashing area. Behind 3. Bay sink **Warning**
03A-15-4 High Priority.All potentially hazardous (time/temperature control for safety) foods in reach-in cooler cold held at greater than 41 degrees Fahrenheit. All time/tempersture control for food safety foods found pasta salad 52° Greek salad 50° hummus 53° since 11 am recommend rapid chill to 41° Sent for AC on 12/16/13 **Warning**
12A-07-4 High Priority.Employee failed to wash hands before putting on gloves to work with food. **Warning**
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Spinach pie 74° more than 4 hours manager discarded. Sent for AC on 12/16/13 **Warning**
03B-01-4 High Priority.Potentially hazardous (time/temperature control for safety) hot held at less than 135 degrees Fahrenheit or above. Cooked licked gyro meat found at broiler 85° **Warning**
08A-12-4 High Priority.Raw animal food stored over ready-to-eat food in cold holding drawers. Raw ground beef over cooked pasta salad **. Repeat Violation** **Warning**
11-03-4 Intermediate.Certified Food Manager or person in charge lacks knowledge of employee health policy and health requirements. **Warning**
22-05-4 Intermediate.Cutting board(s) stained/soiled. **Warning**
31A-11-4 Intermediate.Handwash sink used for purposes other than handwashing. Cups and buckets in hand sink by register **. Repeat Violation** **Warning**
22-28-4 Intermediate.Interior of reach-in freezer soiled with accumulation of food residue. **Warning**
53A-01-4 Intermediate.Manager lacking proof of food manager certification. **. Repeat Violation** **Warning**
31B-02-4 Intermediate.No paper towels and soap or mechanical hand drying device provided at handwash sink. At 3 bay sink **Corrected On-Site** **Warning**
53B-02-4 Intermediate.No proof of required state approved employee training provided for employee hired more than 60 days ago. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Chef Abe stated employee hired 4 weeks ago. **. Repeat Violation** **Warning**
05-06-4 Intermediate.Probe thermometer not accurate within plus or minus 2 degrees Fahrenheit. -22° **Corrected On-Site** **Warning**
02C-02-4 Intermediate.Ready-to-eat, potentially hazardous (time/temperature control for safety) food prepared onsite and held more than 24 hours not properly date marked. Eggplant in 2 door coke cooler **Warning**
22-06-4 Intermediate.Slicer blade soiled with old food debris. **Warning**

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5009919
Inspection Date: Thursday, September 19, 2013
Inspection Number: 2321797
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Administrative complaint recommended - Existence of critical violations found in an initial inspection require administrative action to ensure compliance.
Total Number of Violations: 18
Number of High Priority Violations: 4
Number of Intermediate Violations: 7
Number of Basic Violations: 7
Details
ViolationObservations of Inspector [as written on inspection]
51-11-4 Basic.Carbon dioxide/helium tanks not adequately secured. **Corrected On-Site**
14-11-4 Basic.Equipment in poor repair. There are rusted shelves in the 2 door vegetable cooler
36-24-4 Basic.Hole in wall. There are small holes in the wall above handsink
29-11-4 Basic.Leaking pipe at plumbing fixture. 3 bin sink
06-04-4 Basic.Potentially hazardous (time/temperature control for safety) food thawed at room temperature. Lamb setting on drainboard at 64f. Corrective action taken , put in freezer
23-05-4 Basic.Soil residue build-up on nonfood-contact surface. The bottom of the vegetable cooler is dirty
36-26-4 Basic.Wall soiled with accumulated black debris in dishwashing area.
03A-14-4 High Priority.Cheese/milk/creamer/other dairy products cold held at greater than 41 degrees Fahrenheit. Taziki 53f, cut tomatoes 54f, cut lettuce 47f. These items were on the top of the small prep box. The bottom of the cooler is maintaining 38f. The top of the cooler is greater than 41f. These items were placed in the box about 10am **Admin Complaint** **. Repeat Violation**
03A-09-4 High Priority.Cooked fruits/vegetables cold held at greater than 41 degrees Fahrenheit. Spinach pie 80f
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. Whole shell eggs are over ground beef that is cooked **Admin Complaint** **. Repeat Violation**
01B-02-4 High Priority.Stop Sale issued on potentially hazardous (time/temperature control for safety) food due to temperature abuse. All items in front counter cold box and top of cold prep box are not maintaing 41f. See item 3a. In the small prep cooler is taziki 53f, cut tomatoes 54f, cut lettuce 47f. Items were placed in the cooler around 10am. Spinach pie 80f on top of the steam table put out around 10am
22-02-4 Intermediate.Accumulation of food debris/grease on food-contact surface. The clean utensil are in dirty container
22-27-4 Intermediate.Food-contact surfaces encrusted with grease and/or soil deposits. Slicer
31A-11-4 Intermediate.Handwash sink used for purposes other than handwashing. Storing windex
53A-01-4 Intermediate.Manager lacking proof of food manager certification.
31B-02-4 Intermediate.No paper towels or mechanical hand drying device provided at handwash sink. Dish. Correced on site **Admin Complaint** **Corrected On-Site** **. Repeat Violation**
53B-01-4 Intermediate.No proof of required state approved employee training provided for any employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233.
53B-13-4 Intermediate.Proof of required state approved employee training not available for some employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Andrew
47-03-4 Observed electrical wiring in disrepair. For reporting purposes only. Missing plate cover over 3 bin snk
45-05-4 Portable fire extinguisher missing from its designated location. For reporting purposes only. Class k is on the ground

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3 Food Service Inspections for July 1, 2012 - June 30, 2013
Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 5009919
Inspection Date: Thursday, September 19, 2013
Inspection Number: 2321797
Visit Number: 1
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Administrative complaint recommended - Existence of critical violations found in an initial inspection require administrative action to ensure compliance.
Total Number of Violations: 18
Number of High Priority Violations: 4
Number of Intermediate Violations: 7
Number of Basic Violations: 7
Details
ViolationObservations of Inspector [as written on inspection]
51-11-4 Basic.Carbon dioxide/helium tanks not adequately secured. **Corrected On-Site**
14-11-4 Basic.Equipment in poor repair. There are rusted shelves in the 2 door vegetable cooler
36-24-4 Basic.Hole in wall. There are small holes in the wall above handsink
29-11-4 Basic.Leaking pipe at plumbing fixture. 3 bin sink
06-04-4 Basic.Potentially hazardous (time/temperature control for safety) food thawed at room temperature. Lamb setting on drainboard at 64f. Corrective action taken , put in freezer
23-05-4 Basic.Soil residue build-up on nonfood-contact surface. The bottom of the vegetable cooler is dirty
36-26-4 Basic.Wall soiled with accumulated black debris in dishwashing area.
03A-14-4 High Priority.Cheese/milk/creamer/other dairy products cold held at greater than 41 degrees Fahrenheit. Taziki 53f, cut tomatoes 54f, cut lettuce 47f. These items were on the top of the small prep box. The bottom of the cooler is maintaining 38f. The top of the cooler is greater than 41f. These items were placed in the box about 10am **Admin Complaint** **. Repeat Violation**
03A-09-4 High Priority.Cooked fruits/vegetables cold held at greater than 41 degrees Fahrenheit. Spinach pie 80f
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. Whole shell eggs are over ground beef that is cooked **Admin Complaint** **. Repeat Violation**
01B-02-4 High Priority.Stop Sale issued on potentially hazardous (time/temperature control for safety) food due to temperature abuse. All items in front counter cold box and top of cold prep box are not maintaing 41f. See item 3a. In the small prep cooler is taziki 53f, cut tomatoes 54f, cut lettuce 47f. Items were placed in the cooler around 10am. Spinach pie 80f on top of the steam table put out around 10am
22-02-4 Intermediate.Accumulation of food debris/grease on food-contact surface. The clean utensil are in dirty container
22-27-4 Intermediate.Food-contact surfaces encrusted with grease and/or soil deposits. Slicer
31A-11-4 Intermediate.Handwash sink used for purposes other than handwashing. Storing windex
53A-01-4 Intermediate.Manager lacking proof of food manager certification.
31B-02-4 Intermediate.No paper towels or mechanical hand drying device provided at handwash sink. Dish. Correced on site **Admin Complaint** **Corrected On-Site** **. Repeat Violation**
53B-01-4 Intermediate.No proof of required state approved employee training provided for any employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233.
53B-13-4 Intermediate.Proof of required state approved employee training not available for some employees. To order approved program food safety material, call DBPR's contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Andrew
47-03-4 Observed electrical wiring in disrepair. For reporting purposes only. Missing plate cover over 3 bin snk
45-05-4 Portable fire extinguisher missing from its designated location. For reporting purposes only. Class k is on the ground

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 4923340
Inspection Date: Friday, May 24, 2013
Inspection Number: 2268626
Visit Number: 2
Inspection Class: Food
Inspection Type: Food-Licensing Inspection
Inspection Disposition: Call Back - Complied - Return visit from a previous warning found violations to be corrected.
Total Number of Violations: 1
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
13-03-4 Basic.Employee with no hair restraint while engaging in food preparation. 2 cooks

Inspection For: ATHEN GYROS
License Number: 1506434
License ID: 5583309
Inspection Visit ID: 4910350
Inspection Date: Thursday, May 23, 2013
Inspection Number: 2268626
Visit Number: 1
Inspection Class: Food
Inspection Type: Food-Licensing Inspection
Inspection Disposition: Warning Issued - Sanitary and/or safety conditions require the inspector to return in the near future to ensure corrective action has been taken for violations found.
Total Number of Violations: 20
Number of High Priority Violations: 8
Number of Intermediate Violations: 4
Number of Basic Violations: 8
Details
ViolationObservations of Inspector [as written on inspection]
25-13-4 Basic.Case of single-service articles stored on floor in dry storage area. Cups. Corrected on site
13-03-4 Basic.Employee with no hair restraint while engaging in food preparation. 2 cooks
36-24-4 Basic.Hole in wall. Observed small holes in the wall in prep area
10-19-4 Basic.In-use tongs stored on oven door handle between uses.
05-09-4 Basic.No conspicuously located ambient air temperature thermometer in holding unit. No thermometer in chicken unit
25-06-4 Basic.Single-service articles not stored inverted or protected from contamination. Knives forks for customers
25-09-4 Basic.Single-service items for customer self-service not properly protected to prevent contamination. Cups in customer sneeze range
21-12-4 Basic.Wet wiping cloth not stored in sanitizing solution between uses. Wiping cloth on sink
50-08-4 High Priority - Establishment operating without a license from the Division of Hotels and Restaurants. Operator must obtain a public food service license from the Division of Hotels and Restaurants within 60 days. Submit a license application and payment to DBPR/Bureau of Central Intake Unit, 1940 N. Monroe St. , Tallahassee, FL 32399-0783. FACILITY ISS OPERATING WITHOUT A CURRENT LICENSE
03A-10-4 High Priority.Cooked rice/pasta cold held at greater than 41 degrees Fahrenheit. Pasta salad 54f , in prep box
03A-27-4 High Priority.Fresh garlic-in-oil/margarine/butter or product containing fresh garlic-in-oil/margarine/butter mixture held at greater than 41 degrees Fahrenheit. Garlic sauce 50f
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Feta cheese on salad 72f
03B-01-4 High Priority.Potentially hazardous (time/temperature control for safety) hot held at less than 135 degrees Fahrenheit or above. Spinach pie 98f
08A-12-4 High Priority.Raw animal food stored over ready-to-eat food in freezer. Raw beef over pita in upright freezer
08A-10-4 High Priority.Raw animal food stored over ready-to-eat food in reach-in cooler. Raw beef of garlic
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. Observedeggs raw shell over beef **Corrected On-Site**
03D-15-4 Intermediate.Food being cooled by nonapproved method as evidenced by inadequate rate of cooling during time of inspection. Hummus 50f
31A-11-4 Intermediate.Handwash sink used for purposes other than hand-washing. Chopper blade is in handsink. Corrected on site
16-35-4 Intermediate.No chlorine chemical test kit provided when using chlorine sanitizer at three-compartment sink/warewashing machine.
31B-02-4 Intermediate.No paper towels or mechanical hand drying device provided at handwash sink.
45-05-4 Portable fire extinguisher missing from its designated location. For reporting purposes only. Class k

NoticeEach restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Athen Gyros in Cocoa Beach Florida may have fewer or more violations than noted in their most recent restaurant inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Cocoa Beach's Athen Gyros.

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.

Effective January 1, 2013, the Florida Division of Hotels and Restaurants adopted a new three-tiered violation classification system that replaces the "critical" or "non-critical" classification in use up until then. The new system uses the terms "High Priority," "Intermediate" and "Basic" which better define violation information for consumers, making it easier to understand.

In general, High Priority violations are those which could contribute directly to a foodborne illness or injury. Although the Department of Business and Professional Regulation (DBPR) uses the term "High Priority", varying degrees of severity and potential risk to the public require inspectors to assess each situation in determining the appropriate action. In addition, while Athen Gyros may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure public health and safety.

Intermediate violations are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Basic violations are those which are considered best practices to implement.

Formally, Critical violations were those that, if not corrected, were more likely to contribute directly to food contamination, illness or environmental damage. Noncritical violations did not directly relate to foodborne illness risk, but were preventive measures that included practices and procedures which effectively controled environmental conditions. Left uncorrected, noncritical violations could 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 "High Priority/Intermediate/Basic" or "critical/noncritical" designation.


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