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Wendy's #7959

Wendy's #7959
4150 N Wickham Rd
Melbourne, FL 32935
(321)259-0104

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No (0) Emergency Closure Orders Since October 2008
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1 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.

Wendy's #7959 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 Wendy's #7959 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--2011002710 - On February 10, 2011 Wendy's #7959, Melbourne was ordered to pay $750 for violations observed during its December 28, 2010 inspection.

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No (0) Food Misrepresentation Cases Since March 2006
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2 Food Service Inspections Since July 1, 2014
Inspection For: WENDY'S 7959
License Number: 1505195
License ID: 5666167
Inspection Visit ID: 5396008
Inspection Date: Tuesday, November 18, 2014
Inspection Number: 2445474
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: 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]
24-08-4 Basic.Equipment and utensils not properly air-dried - wet nesting. Hotel pans on clean shelf at dish area

Inspection For: WENDY'S 7959
License Number: 1505195
License ID: 5666167
Inspection Visit ID: 5336196
Inspection Date: Friday, August 15, 2014
Inspection Number: 2430067
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: 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]
10-20-4 Basic.In-use tongs stored on equipment door handle between uses. Tongs on handles at sandwich station **Corrected On-Site**

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3 Food Service Inspections for July 1, 2013 - June 30, 2014
Inspection For: WENDY'S 7959
License Number: 1505195
License ID: 5666167
Inspection Visit ID: 5238935
Inspection Date: Tuesday, May 13, 2014
Inspection Number: 2382266
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: 0
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 0

Inspection For: WENDY'S 7959
License Number: 1505195
License ID: 5666167
Inspection Visit ID: 5122782
Inspection Date: Tuesday, January 28, 2014
Inspection Number: 2369432
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: 3
Number of High Priority Violations: 1
Number of Intermediate Violations: 0
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
40-07-4 Basic.Employee personal items stored with or above food, clean equipment and utensils, or single-service items. Handbag stored inside box of salad container lids
24-08-4 Basic.Equipment and utensils not properly air-dried - wet nesting. 1/3 pans on rack next to 3 bay sink
41-08-4 High Priority.Toxic substance/chemical stored by or with clean or in-use utensils. Spray bottle over clean pans next to 3 bay sink **Corrected On-Site**

Inspection For: WENDY'S 7959
License Number: 1505195
License ID: 5666167
Inspection Visit ID: 5122781
Inspection Date: Friday, October 18, 2013
Inspection Number: 2369431
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: 2
Number of High Priority Violations: 0
Number of Intermediate Violations: 1
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. **Corrected On-Site**
03D-16-4 Intermediate.Potentially hazardous (time/temperature control for safety) food covered while cooling.

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3 Food Service Inspections for July 1, 2012 - June 30, 2013
Inspection For: WENDY'S 7959
License Number: 1505195
License ID: 5666167
Inspection Visit ID: 5122781
Inspection Date: Friday, October 18, 2013
Inspection Number: 2369431
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: 2
Number of High Priority Violations: 0
Number of Intermediate Violations: 1
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. **Corrected On-Site**
03D-16-4 Intermediate.Potentially hazardous (time/temperature control for safety) food covered while cooling.

Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 4944723
Inspection Date: Tuesday, June 25, 2013
Inspection Number: 2278268
Visit Number: 1
Inspection Class: Food
Inspection Type: Complaint Full
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: 7
Number of High Priority Violations: 3
Number of Intermediate Violations: 2
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
36-22-4 Basic.Floor area(s) covered with standing water. Throughout sink area and kitchen. **Corrected On-Site**
36-19-4 Basic.Floor under dishmachine or three-compartment sink area soiled.
12A-06-4 High Priority.Employee failed to wash hands before putting on new set of gloves to work with food.
03E-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food reheated for hot holding not reaching 165 degrees Fahrenheit for 15 seconds within 2 hours. Chili 120° put back on stove rechecked 30 minutes 174°
03B-10-4 High Priority.Soup/chowder/chili hot held at less than 135 degrees Fahrenheit. Chili 120° reheating
22-28-4 Intermediate.Interior of reach-in cooler soiled with accumulation of food residue.
31B-02-4 Intermediate.No paper towels or mechanical hand drying device provided at handwash sink. In sink area **Corrected On-Site**

Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 4706340
Inspection Date: Friday, December 28, 2012
Inspection Number: 2219731
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: 3
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
14-36-1 Observed gaskets/seals on cold holding unit in poor repair. Fry freezer
18-05-1 Observed old food stuck to clean dishware/utensils.
20A-08-1 Critical.- Quaternary ammonium sanitizer not at proper minimum strength for manual ware washing. Found at zero ppm. Operator drained sink and re filled. Found at 200 ppm **Corrected On-Site**

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2 Food Service Inspections for July 1, 2011 - June 30, 2012
Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 4370799
Inspection Date: Monday, January 30, 2012
Inspection Number: 2115316
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: 7
Number of Critical/Risk Violations: 6
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
05-09-1 Critical. No conspicuously located thermometer in holding unit. Meat cooler on cook line Corrected On Site.
15-32-1 Observed reach-in cooler gasket torn fry anf front line
22-21-1 Critical. Observed soil buildup inside ice bin on front line.
27-16-1 Critical. Hot water not provided/shut off at employee hand wash sink. Corrected On Site.
30-02-1 Critical. Vacuum breaker mising at hose bibb. By dumpster. Repeat Violation.
32-17-1 Critical. Handwashing cleanser lacking at handwashing lavatory. Drive thru Corrected On Site. Repeat Violation.
41A-10-1 Critical. Observed toxic item improperly stored. Corrected On Site.

Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 4370800
Inspection Date: Thursday, September 08, 2011
Inspection Number: 2115317
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: 6
Number of Critical/Risk Violations: 4
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
23-07-1 Observed gaskets with slimy/mold-like build-up.
27-16-1 Critical. Hot water not provided/shut off at employee hand wash sink. Drive thru Corrected On Site.
30-02-1 Critical. Vacuum breaker mising at hose bibb. At hose by dumpster
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. Drive thru Corrected On Site.
32-17-1 Critical. Handwashing cleanser lacking at handwashing lavatory. Drive thru Corrected On Site.
36-12-1 Floors not constructed easily cleanable. Grout missing around tiles through out kitchen causeing water tonstand and food

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5 Food Service Inspections for July 1, 2010 - June 30, 2011
Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 4208280
Inspection Date: Monday, March 21, 2011
Inspection Number: 1999817
Visit Number: 2
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: 1
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
1 1 05-09-1 no ambient air thermometers in the reach coolers , must be complied by the next unnanounsed routline inspection

Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 4209020
Inspection Date: Monday, March 21, 2011
Inspection Number: 2039686
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: 5
Number of Critical/Risk Violations: 3
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
03A-07-1 Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. White cheese in the top of the sandwiche make box Corrected On Site.
22-21-1 Critical. Observed soil buildup inside ice bin. Corrected On Site.
24-08-1 Equipment and utensils not properly air-dried. Clean pots and inserts are wet stacked Corrected On Site.
30-02-1 Critical. Vacuum breaker mising at hose bibb. No back flow preventer attached to the 'y' connection at the mop basin
37-11-1 Observed attached equipment soiled with accumulated dust. Air vents have a moderate dust build up.

Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 4016863
Inspection Date: Tuesday, December 28, 2010
Inspection Number: 1999817
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: 14
Number of Critical/Risk Violations: 11
Number of Noncritical Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
01B-16-1 Critical. Stop Sale issued on potentially hazardous food due to temperature abuse (see Stop Sale Notice).
03D-01-1 Critical. Observed chilli cooling over night covered.
03D-05-1 Critical. 2 large metal pans of Cooked chilli not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit over night. Start time was 8 pm on the 27th.
05-09-1 Critical. No conspicuously located thermometer in holding unit. FRont line RIC's. Repeat Violation.
12B-07-1 Critical. Observed an open beverage container on a food preparation table or over/next to clean equipment/utensils. Beef cooler on cook line
12B-07-1 Critical. Observed an open beverage container stored on bag n box sodas
22-23-1 Critical. Observed encrusted, soiled material on slicer.
23-07-1 Observed front line RIC gaskets with slimy/mold-like build-up.
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. Drive thru
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. Front counter
36-15-1 Observed food debris accumulated on kitchen floor by hot water heater.
37-03-1 Observed wall/window seal in disrepair at drive thru.
41A-02-1 Critical. Observed toxic item stored above meat case on cook line. Repeat Violation.
53A-09-1 Critical. No currently certified food service manager on duty with four or more employees engaged in food preparation. Repeat Violation. 4 employees on site Person in charge,2 crew and maintance.

Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 4076458
Inspection Date: Monday, September 13, 2010
Inspection Number: 1999818
Visit Number: 2
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: 0
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 0

Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 4016864
Inspection Date: Tuesday, July 13, 2010
Inspection Number: 1999818
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: 11
Number of Critical/Risk Violations: 8
Number of Noncritical Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
03A-07-1 Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Blue cheese crumbles 45F and sliced cheese 46F at drive thru RIC
05-09-1 Critical. No conspicuously located thermometer in holding unit. In RIC where raw beef patties are stored on cook line.
05-09-1 Critical. No conspicuously located thermometer in holding unit. Front line RIC
08A-26-1 Critical. Observed opened bags of raw chicken stored over french fries in RIF on cook line.
10-08-1 Observed scoop with handle in contact with diced oinons on front line
13-03-1 Observed employee with no hair restraint. Prep lady. Corrected On Site.
28-14-1 Critical. Observed employee dump mop/cleaning waste water dumped onto ground.
41A-02-1 Critical. Observed toxic item stored by food. Degresser stored on driver thru sandwich make station where toppi gs are stored. Corrected On Site.
51-18-1 No copy of latest inspection report.
53A-01-2 Critical. Manager lacking proof of Food Manager Certification.
53A-09-1 Critical. No currently certified food service manager on duty with four or more employees engaged in food preparation.

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2 Food Service Inspections for July 1, 2009 - June 30, 2010
Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 3680318
Inspection Date: Monday, January 25, 2010
Inspection Number: 1888597
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: 5
Number of Critical/Risk Violations: 1
Number of Noncritical Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
08A-29-1 Critical. Observed swiss cheese on bottom of cook line RIC in no container or covered. Corrected On Site. Discarded
15-31-1 Observed bottom of trash cans badly cracked
23-06-1 Observed heavy build-up of food debris, dust or dirt where single service cups are stored in drive thru
33-16-1 Observed open dumpster lid.
36-15-1 Observed food debris accumulated on kitchen floor behind icemachine.

Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 3680319
Inspection Date: Wednesday, September 09, 2009
Inspection Number: 1888598
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: 4
Number of Critical/Risk Violations: 3
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
03B-03-1 Critical. Potentially hazardous food not held at 135 degrees Fahrenheit or above. Chicken nuggets 125F in warmer. Corrected On Site. Manager discarded.
22-17-1 Critical. Observed soiled reach-in cooler gaskets. Cook line by icemachine
36-11-1 Observed busted tiles around hot water tank. Repeat Violation.
41A-02-1 Critical. Observed toxic item stored by food. Degreeser store above pickles and can goods. Corrected On Site.

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1 Food Service Inspection for July 1, 2008 - June 30, 2009
Inspection For: WENDYS #7959
License Number: 1505195
License ID: 3986235
Inspection Visit ID: 3565541
Inspection Date: Friday, May 15, 2009
Inspection Number: 1823091
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: 8
Number of Critical/Risk Violations: 5
Number of Noncritical Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
12A-10-1 Critical. Observed food employee touch bare body part then engage in food preparation, handle clean equipment or utensils, or touch unwrapped single-service items, without washing hands. Corrected On Site.
12A-17-1 Critical. Observed employee improperly washing hands. Used no soap and didn't dry hands. Corrected On Site. Rewashed
15-31-1 Observed a booth in dining room badly torn.
32-11-1 Critical. Lack of toilet tissue at each toilet. Ladies
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. Mens restroom
36-11-1 Floors not maintained smooth and durable. Busted tiles by hot water tank
36-22-1 Observed floor area(s) covered with standing water. Cook line
46-05-2 Critical. Observed obstructed exits, stairs, hallways or egress. For reporting purposes only. Crates and boxes stored by back door.

NoticeEach restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Wendy's #7959 in Melbourne 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 Melbourne's Wendy's #7959.

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 Wendy's #7959 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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