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Arby's #1704

Arby's #1704
920 N Courtenay Pkwy
Merritt Island, FL 32953
(321)459-2944

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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.

Arby's #1704 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 Arby's #1704 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--2009049351 - On November 06, 2009 Arby's #1704, Merritt Island was ordered to pay $150 for violations observed during its August 31, 2009 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: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 5377566
Inspection Date: Tuesday, October 14, 2014
Inspection Number: 2440305
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 High Priority Violations: 1
Number of Intermediate Violations: 0
Number of Basic Violations: 6
Details
ViolationObservations of Inspector [as written on inspection]
23-06-4 Basic.Build-up of food debris, dust or dirt on nonfood-contact surface. Inside upright freezer by fryers.
29-18-4 Basic.Drain cover(s) missing. Cookline. Soaking from overnight. **Corrected On-Site**
24-08-4 Basic.Equipment and utensils not properly air-dried - wet nesting.
36-18-4 Basic.Floor tiles cracked, broken or in disrepair. Baseboard tiles under 3 bay sink. **. Repeat Violation**
36-24-4 Basic.Holes in wall. Several small holes in dry storage and drive thru booth and sink area. **. Repeat Violation**
16-46-4 Basic.Old labels stuck to food containers after cleaning.
03A-11-4 High Priority.Cut tomatoes cold held at greater than 41 degrees Fahrenheit. 45° from last night, operator discarded.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 5278894
Inspection Date: Friday, July 25, 2014
Inspection Number: 2394807
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 High Priority Violations: 2
Number of Intermediate Violations: 1
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
36-18-4 Basic.Floor tiles cracked, broken or in disrepair. Baseboard tiles under 3 bay sink.
36-24-4 Basic.Small Holes in walls throughout kitchen.
12A-07-4 High Priority.Employee failed to wash hands before putting on gloves to work with food. **Corrected On-Site**
12A-19-4 High Priority.Employee washed hands with cold water.
22-24-4 Intermediate.Accumulation of black/green mold-like substance on/around soda dispensing nozzles.

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3 Food Service Inspections for July 1, 2013 - June 30, 2014
Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 5220168
Inspection Date: Wednesday, April 16, 2014
Inspection Number: 2379722
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: 0
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
50-09-4 Basic.Current Hotel and Restaurant license not displayed.
36-24-4 Basic.Holes in wall. Above fry baskets and by ice machine. Repeat Violation**

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 4995243
Inspection Date: Friday, January 24, 2014
Inspection Number: 2311382
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: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
36-03-4 Basic.Cove molding at floor/wall juncture broken/missing. Storage area has cracked tile
13-03-4 Basic.Employee with no hair restraint while engaging in food preparation. 1 person
36-24-4 Basic.Hole in wall. Above fry baskets

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 4995242
Inspection Date: Friday, September 13, 2013
Inspection Number: 2311381
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 High Priority Violations: 1
Number of Intermediate Violations: 0
Number of Basic Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
50-09-4 Basic.Current Hotel and Restaurant license not displayed.
35B-01-4 Basic.Exterior door has a gap at the threshold that opens to the outside.
36-24-4 Basic.Hole in wall. Wall be rear door is in disrepair
38-07-4 Basic.Lights in food preparation, food storage or warewashing area missing the proper shield, sleeve coatings or covers. Dry storage area with open boxes.
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. There are raw chicken pieces over ready to et fries **Corrected On-Site**

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2 Food Service Inspections for July 1, 2012 - June 30, 2013
Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 4995242
Inspection Date: Friday, September 13, 2013
Inspection Number: 2311381
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 High Priority Violations: 1
Number of Intermediate Violations: 0
Number of Basic Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
50-09-4 Basic.Current Hotel and Restaurant license not displayed.
35B-01-4 Basic.Exterior door has a gap at the threshold that opens to the outside.
36-24-4 Basic.Hole in wall. Wall be rear door is in disrepair
38-07-4 Basic.Lights in food preparation, food storage or warewashing area missing the proper shield, sleeve coatings or covers. Dry storage area with open boxes.
08A-05-4 High Priority.Raw animal food stored over ready-to-eat food. There are raw chicken pieces over ready to et fries **Corrected On-Site**

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 4642106
Inspection Date: Tuesday, February 05, 2013
Inspection Number: 2176120
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: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
33-16-4 Basic.Open dumpster lid.
36-17-4 Basic.Floor tiles missing. Coving in dry storage
36-36-4 Basic.Ceiling tile missing.

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2 Food Service Inspections for July 1, 2011 - June 30, 2012
Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 4299265
Inspection Date: Monday, April 09, 2012
Inspection Number: 2066365
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 Critical/Risk Violations: 0
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
51 No heimlich maneuver posted.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 4299266
Inspection Date: Tuesday, November 22, 2011
Inspection Number: 2066366
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]
27-16-1 Critical. Hot water not provided/shut off at employee hand wash sink due to broken shutt off knob at hand sink by slicer.
29-08-1 Plumbing system in disrepair. Observed broken knob for hot water at handwashing sink.
37-10-1 Observed attached equipment soiled with rust and dust on fan guards in walk-in cooler.

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5 Food Service Inspections for July 1, 2010 - June 30, 2011
Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 4250705
Inspection Date: Friday, May 20, 2011
Inspection Number: 2047772
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: 2
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
08A-28-1 Critical. Observed food stored on walk in freezer floor,case of opened onion rings. Corrected On Site.
12A-09-1 Critical. Observed food employee wearing jewelry other than a plain ring on their hands/arms while preparing food. ,working french station wrist bracelets and sandwich station ,watch. Corrected On Site.
13-03-1 Observed employee with no hair restraint. Male manager working french fry station with no hair restraint.
36-08-1 Observed floor and wall junctures not coving tile missing below right side of triple sink.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 4171218
Inspection Date: Tuesday, March 15, 2011
Inspection Number: 1970193
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: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3974275
Inspection Date: Wednesday, January 12, 2011
Inspection Number: 1970193
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: 7
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 5
Details
ViolationObservations of Inspector [as written on inspection]
12B-04-1 Critical. Observed a designated employee drinking area located by rear slicer,in a food preparation or other restricted area. Corrected On Site.
14-37-1 Observed cutting board grooved/pitted and no longer cleanable at sandwich line cooler.
15-32-1 Observed upright freezer door gaskets torn/in disrepair.
33-16-1 Observed open dumpster lids. Corrected On Site.
36-08-1 Observed floor and wall junctures coving tile by triple sink in disrepair.
40-01-1 No suitable facilities provided to store employee clothing and other possessions. Jacket stored on single service storage shelf. Corrected On Site.
53B-08-1 Critical. No proof of required employee training provided. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 4058705
Inspection Date: Tuesday, September 07, 2010
Inspection Number: 1970194
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: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3974276
Inspection Date: Wednesday, July 07, 2010
Inspection Number: 1970194
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: 9
Number of Critical/Risk Violations: 5
Number of Noncritical Violations: 4
Details
ViolationObservations of Inspector [as written on inspection]
08A-29-1 Critical. Observed uncovered food in holding unit/dry storage area. Shake mix lid not closed on hopper of shake machine. Corrected On Site.
12B-03-1 Critical. Observed employee drinking from an open beverage container in a food sandwich line preparation or other restricted area. Corrected On Site.
15-31-1 Observed nonfood-contact equipment in poor repair;observed a buildup of ice on fan condensing unit in walk in cooler.
28-02-1 Critical. Condensation or other drainage not disposed of according to law from ice buildup on walk in condensing unit. Waste condensation dripping onto covered packaged food on shelves in walk in cooler. Corrected On Site. Manager relocated food storage shelves and note repairman.
29-08-1 Plumbing system in disrepair. Water observed continously dripping on faucet at hand sink behind sandwich line.
32-15-1 Critical. No handwashing sign provided at a handsink used by food employees in mens restroom.
33-16-1 Observed open dumpster lids.
51-18-1 No copy of latest inspection report from 03/2010.
53A-01-2 Critical. Manager lacking proof of Food Manager Certification.

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5 Food Service Inspections for July 1, 2009 - June 30, 2010
Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3638229
Inspection Date: Monday, February 15, 2010
Inspection Number: 1859287
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: 12
Number of Critical/Risk Violations: 6
Number of Noncritical Violations: 6
Details
ViolationObservations of Inspector [as written on inspection]
02-24-1 Critical. Potentially hazardous food held under time as a public health control without time marking indicating 4-hour limit for fried chicken breast under heat lamp. Company uses max 25 minute hot holding then discards.
03B-03-1 Critical. Potentially hazardous food not held at 135 degrees Fahrenheit or above ;fried chicken noted at 128 hot holding under heat lamps. No time record Corrected On Site. Manager discarded.
14-31-1 Equipment or utensils not designed or constructed in a durable manner. Observed chipped edges containjng food residue build up on formica trim on edge of meat slicer table at end of sandwich line.
15-12-1 Nonfood-contact equipment not designed and constructed in a durable manner. Observed formica paneling in disrepair at drive thru by shake machine.
22-20-1 Critical. Observed buildup of slime in the interior of ice machine.
22-21-1 Critical. Observed soil buildup inside ice bin.
27-16-1 Critical. Hot water not provided/shut off at employee hand wash sink by front slicer.
36-15-1 Observed food debris accumulated on kitchen floor below front counter.
37-04-1 Observed wall soiled with accumulated black debris in dishwashing area.
37-11-1 Observed attached equipment soiled with accumulated dust. Observed dust on a/c intake vent and on tiles of ceiling above sandwich line.
40-04-1 Observed personal care item stored with food. Coat noted on storage shelf containing uncovered food wrappers.
53B-08-1 Critical. No proof of required employee training provided. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. Provide training for expired certification on some employees.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3817667
Inspection Date: Thursday, December 10, 2009
Inspection Number: 1859288
Visit Number: 4
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: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3749871
Inspection Date: Monday, August 31, 2009
Inspection Number: 1859288
Visit Number: 3
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Admin. complaint recommended
Total Number of Violations: 1
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
37-14-1 Violation: 37-14-1Observed ceiling in disrepair with roof leaks on front line above meat slicer. CALL BACK INSPECTION TEMPOARY PLASTIC TARP INSTALLED ABOVE ROOF LEAK AT SLICER. CONTRACT HAS BEEN SIGNED FOR A NEW ROOF ON BUILDING. ESTABLISHMENT IS GIVEN A TIME EXTENSION TILL 08/31/2009. Call back inspection not in compliance. Plastic tarp still observed for roof leak above meat slicer.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3741504
Inspection Date: Tuesday, July 28, 2009
Inspection Number: 1859288
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Extension given, pending
Total Number of Violations: 2
Number of Critical/Risk Violations: 0
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
36-08-1 Violation: 36-08-1Observed floor and wall junctures not coved;coving tile missing below triple sink. CALL BACK INSPECTION TIME EXTENSION GIVEN TILL 08/31/2009
37-14-1 Violation: 37-14-1Observed ceiling in disrepair with roof leaks on front line above meat slicer. CALL BACK INSPECTION TEMPOARY PLASTIC TARP INSTALLED ABOVE ROOF LEAK AT SLICER. CONTRACT HAS BEEN SIGNED FOR A NEW ROOF ON BUILDING. ESTABLISHMENT IS GIVEN A TIME EXTENSION TILL 08/31/2009.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3638230
Inspection Date: Monday, July 13, 2009
Inspection Number: 1859288
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: 4
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
05-09-1 Critical. No conspicuously located thermometer in holding unit in front milk cooler.
20A-05-1 Critical. Food-contact surfaces and utensils not sanitized properly after cleaning. Dishwasher observed washing pans but not sanitiziing after rinsing in triple sink. Corrected On Site.
36-08-1 Observed floor and wall junctures not coved;coving tile missing below triple sink.
37-14-1 Observed ceiling in disrepair with roof leaks on front line above meat slicer.

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2 Food Service Inspections for July 1, 2008 - June 30, 2009
Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3257498
Inspection Date: Friday, January 16, 2009
Inspection Number: 1718889
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: 1
Number of Noncritical Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
30-11-1 Critical. Observed spray hose at dish sink lower than flood rim of sink.
38-04-1 Ten (10) foot-candles of light at least 30 inches from floor not provided in walk-in freezer.
51-13-1 No Heimlich maneuver sign posted.
51-18-1 No copy of latest inspection report from 8/2008.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3257499
Inspection Date: Monday, August 11, 2008
Inspection Number: 1718890
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: 0
Number of Noncritical Violations: 3
Details
ViolationObservations of Inspector [as written on inspection]
10-04-1 In-use utensil for nonpotentially hazardous food not stored in a clean, protected location. Observed ice scoop stored on top exterior of bulk ice machine.
33-16-1 Observed open dumpster lids.
38-07-1 Lights missing the proper shield, sleeve coatings or covers in storeroom. Repeat Violation.

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4 Food Service Inspections for July 1, 2007 - June 30, 2008
Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 2946882
Inspection Date: Monday, March 10, 2008
Inspection Number: 1601131
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: 2
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
38-07-1 Lights missing the proper shield, sleeve coatings or covers on ceiling in storeroom.
47-03-1 Critical. Observed unused opening in panel box unprotected in panel A-2.
53A-19-1 Critical. Observed expired Food Manager Certification for DANIA CHIN.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 3035946
Inspection Date: Thursday, November 15, 2007
Inspection Number: 1601132
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: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 2946883
Inspection Date: Wednesday, November 14, 2007
Inspection Number: 1601132
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: 3
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
03A-07-1 Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Observed ready to chicken in WIC less than 4 hours.
04-01-1 Critical. Cold holding equipment WIC incapable of maintaining potentially hazardous food at proper temperatures of 41 degrees F or below. Evaporator coil in WIC noted with buildup of ice.
13-03-1 Observed malemgr training employee with no hair restraint working with ready to eat food.

Inspection For: ARBY'S 1704
License Number: 1502757
License ID: 2134049
Inspection Visit ID: 2821784
Inspection Date: Monday, August 27, 2007
Inspection Number: 1493605
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: 1
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
53A-01-1 Critical. Violation: 53A-01-1Asst. Manager lacking proof of Food Manager Certification for Joe G. CB schedule for 9/12/07. Must provide proof of certication by next unannounced inspection.

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3 Food Service Inspections for July 1, 2006 - June 30, 2007
Inspection For: ARBY'S 1704
License Number: 1502757
Inspection Date: Thursday, June 14, 2007
Inspection Number: 1493605
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: 7
Number of Critical/Risk Violations: 6
Number of Noncritical Violations: 1
Details
1 risk violation of code 09 which requires:
  • “Foods handled with minimum contact.”
1 risk violation of code 12 which requires:
  • “12a - Hands washed and clean, good hygienic practices (observed), alternative operating plan.”
  • “12b - Proper hygienic practices, eating/drinking/smoking (evidence.)”
1 risk violation of code 32 which requires:
  • “Restrooms with self-closing doors, fixtures operate properly, facility clean, supplied with hand soap, disposable towels or hand drying devices, tissue, covered waste receptacles.”
1 violation of code 37 which requires:
  • “Walls, ceilings, and attached equipment, constructed, clean”
1 critical violation of code 50 which requires:
  • “Current license, properly displayed.”
2 risk violations of code 53 which requires:
  • “53a - Food management certification valid.”
  • “53b - Employee training verification.”

Inspection For: ARBY'S 1704
License Number: 1502757
Inspection Date: Friday, February 16, 2007
Inspection Number: 1493608
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: ARBY'S 1704
License Number: 1502757
Inspection Date: Thursday, January 04, 2007
Inspection Number: 1493608
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: 9
Number of Noncritical Violations: 2
Details
1 risk violation of code 03 which requires:
  • “03a - Cold food at proper temperatures during storage, display, service, transport and cold holding.”
  • “03b - Hot food at proper temperature.”
  • “03c - Foods properly cooked/reheated.”
  • “03d - Foods properly cooled.”
1 critical violation of code 04 which requires:
  • “Facilities to maintain product temperature.”
1 critical violation of code 05 which requires:
  • “Thermometers provided and conspicuously placed.”
1 critical violation of code 27 which requires:
  • “Water source safe, hot and cold under pressure.”
1 violation of code 33 which requires:
  • “Containers covered, adequate number, insect and rodent proof, emptied at proper intervals, clean”
1 critical violation of code 35 which requires:
  • “35a - Presence of insects/rodents. Animals prohibited.”
  • “35b - Outer openings protected from insects, rodent proof.”
1 violation of code 37 which requires:
  • “Walls, ceilings, and attached equipment, constructed, clean”
1 critical violation of code 46 which requires:
  • “Exiting system - adequate, good repair (For Reporting Purposes Only)”
2 critical violations of code 47 which requires:
  • “Electrical wiring - adequate, good repair (For Reporting Purposes Only)”
1 critical violation of code 50 which requires:
  • “Current license, properly displayed.”

NoticeEach restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Arby's #1704 in Merritt Island 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 Merritt Island's Arby's #1704.

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 Arby's #1704 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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