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Berty's Place

Berty's Place
2280 Harris Ave
Suite 1
Palm Bay, FL 32905
(321)676-4412

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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.

Berty's Place 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 Berty's Place 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--2013007068 - On March 20, 2013 Berty's Place, Palm Bay was ordered to pay $200 for violations observed during its November 19, 2012 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: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 5411140
Inspection Date: Monday, September 08, 2014
Inspection Number: 2422273
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: 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]
36-10-4 Basic.Floors worn to board- will be replacing **Warning**
22-05-4 Intermediate.Cutting board(s) stained/soiled. / after slicing chicken- went to another task **Warning**

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 5324425
Inspection Date: Friday, September 05, 2014
Inspection Number: 2422273
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: 16
Number of High Priority Violations: 2
Number of Intermediate Violations: 7
Number of Basic Violations: 7
Details
ViolationObservations of Inspector [as written on inspection]
16-13-4 Basic.Equipment and utensils not washed, rinsed and sanitized in the correct order in three-compartment sink. Do not use dishes/equipment not properly sanitized. / dishes not being properly sanitized - **Warning**
36-10-4 Basic.Floors worn to board- will be replacing **Warning**
21-10-4 Basic.In-use wet wiping cloth/towel used under cutting board. **. Repeat Violation** **Warning**
22-19-4 Basic.Interior of all microwaves heavily soiled with encrusted food debris. **. Repeat Violation** **Warning**
05-09-4 Basic.No conspicuously located ambient air temperature thermometer in holding unit. / tall black cooler **Warning**
51-18-4 Basic.No copy of latest inspection report available. **Corrected On-Site** **Warning**
14-47-4 Basic.Nonfood-contact equipment exposed to splash/spillage not constructed of materials that are corrosion resistant, non-absorbent, smooth and easily cleanable. / wood for shelf in refrigerator **Warning**
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. / curry chicken in refrigerator- at 78 degrees f unable to determine amount of time out of temperature (was asking questions to try to determine manager discarded) **Warning**
03B-01-4 High Priority.Potentially hazardous (time/temperature control for safety) hot held at less than 135 degrees Fahrenheit or above. / ox tail, chicken on stove hh- recommended rapid reheat **Warning**
22-05-4 Intermediate.Cutting board(s) stained/soiled. / after slicing chicken- went to another task **Warning**
31A-09-4 Intermediate.Handwash sink not accessible for employee use at all times. / blocked by cart **Corrected On-Site** **Warning**
31B-02-4 Intermediate.No paper towels or mechanical hand drying device provided at handwash sink. **Corrected On-Site** **Warning**
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. **Warning**
03D-16-4 Intermediate.Potentially hazardous (time/temperature control for safety) food covered while cooling. / ox tail over night 64 degrees f/ observed chicken, curry goat cooling 1 1/2 hrs covered- at 88 degrees f- recommended to put in freezer to get temperature down to 70 degrees f parameter **Warning**
05-06-4 Intermediate.Probe thermometer not accurate within plus or minus 2 degrees Fahrenheit. Thermometer calibrated at 42 degrees f 10 degrees F off calibrated **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. / ox tail rice **Warning**

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4 Food Service Inspections for July 1, 2013 - June 30, 2014
Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 5251794
Inspection Date: Friday, June 06, 2014
Inspection Number: 2384782
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: 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]
24-27-4 Basic.Clean equipment/dishware/utensils stored next to handwash/food preparation sink exposed to splash. Kitchen **Warning** recommend a splash guard
36-17-4 Basic.Floor tiles missing. Front counter **Warning**
03B-09-4 High Priority.Jamaican meat pies hot held at less than 135 degrees Fahrenheit. Found at 98° recommend reheating to 165° **Warning** not observed

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 5250088
Inspection Date: Wednesday, June 04, 2014
Inspection Number: 2384782
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: 15
Number of High Priority Violations: 4
Number of Intermediate Violations: 4
Number of Basic Violations: 7
Details
ViolationObservations of Inspector [as written on inspection]
24-27-4 Basic.Clean equipment/dishware/utensils stored next to handwash/food preparation sink exposed to splash. Kitchen **Warning**
36-17-4 Basic.Floor tiles missing. Front counter **Warning**
21-10-4 Basic.In-use wet wiping cloth/towel used under cutting board. **Warning**
22-19-4 Basic.Interior of microwaves heavily soiled with encrusted food debris. **Warning**
05-09-4 Basic.No conspicuously located ambient air temperature thermometer in holding unit. Almond reach in cooler **Warning**
51-18-4 Basic.No copy of latest inspection report available. **. Repeat Violation** **Warning**
25-04-4 Basic.Single-service items stored on floor. **Warning**
01B-37-4 High Priority.Cooked/heated potentially hazardous (time/temperature control for safety) food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within six hours. See stop sale. Cooling over night in cooler **Warning**
03B-09-4 High Priority.Jamaican meat pies hot held at less than 135 degrees Fahrenheit. Found at 98° recommend reheating to 165° **Warning**
41-05-4 High Priority.Pesticide/insecticide labeled for household use only present in establishment. Can of raid. **Corrected On-Site** **Warning**
03D-05-4 High Priority.Potentially hazardous (time/temperature control for safety) food cooked/heated yesterday/on a previous day not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within a total of 6 hours. Food has been cooling overnight. Over night curry chicken 50° oxtail 51° cooked rice and beans 50° curry goat 53° in almond reach in cooler **Warning**
22-05-4 Intermediate.Cutting board(s) badly stained/soiled. **Warning**
03D-15-4 Intermediate.Food being cooled by nonapproved method as evidenced by inadequate rate of cooling during time of inspection. Found all items in deep plastic container, stacked and covered while oolong over night **Warning**
05-06-4 Intermediate.Probe thermometer not accurate within plus or minus 2 degrees Fahrenheit. 10 degrees **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. **Warning**

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 5051694
Inspection Date: Tuesday, February 04, 2014
Inspection Number: 2351120
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 High Priority Violations: 1
Number of Intermediate Violations: 3
Number of Basic Violations: 8
Details
ViolationObservations of Inspector [as written on inspection]
50-09-4 Basic.Current Hotel and Restaurant license not displayed.
12B-07-4 Basic.Employee beverage container on a food preparation table or over/next to clean equipment/utensils. **Corrected On-Site**
36-18-4 Basic.Floor tiles cracked, broken or in disrepair. / at cash register area
22-19-4 Basic.Interior of microwave soiled with encrusted food debris.
51-18-4 Basic.No copy of latest inspection report available.
14-47-4 Basic.Nonfood-contact equipment exposed to splash/spillage not constructed of materials that are corrosion resistant, non-absorbent, smooth and easily cleanable. / ceiling tiles in kitchen
23-09-4 Basic.Soiled reach-in cooler gaskets. / first refrigerator
42-01-4 Basic.Wet mop not stored in a manner to allow the mop to dry. **Corrected On-Site**
29-42-4 High Priority.Vacuum breaker missing at mop sink faucet.
31A-11-4 Intermediate.Handwash sink used for purposes other than handwashing. / dishes in sink **Corrected On-Site**
27-23-4 Intermediate.Hot water at handwash sink does not reach 100 degrees Fahrenheit. / in ladies restroom
27-16-4 Intermediate.Hot water not provided/shut off at employee handwash sink. / in men's restroom

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 5051695
Inspection Date: Wednesday, July 10, 2013
Inspection Number: 2351121
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: 4
Number of High Priority Violations: 2
Number of Intermediate Violations: 1
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
22-05-4 Intermediate.Observed: Cutting board(s) stainedPriority: Intermediate
50-12-4 High Priority.Observed: License is expired and is more than 60 after expiration date. **Admin Complaint**Priority: High Priority
27-03-4 High Priority.Observed: Water supply does not meet the requirements of a public water supply. Facility is on a boil water notice. Providededucational infoPriority: High Priority
21-10-4 Basic.Observed: Wiping cloth/towel used under cutting board. Priority: Basic

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6 Food Service Inspections for July 1, 2012 - June 30, 2013
Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 5051695
Inspection Date: Wednesday, July 10, 2013
Inspection Number: 2351121
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: 4
Number of High Priority Violations: 2
Number of Intermediate Violations: 1
Number of Basic Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
22-05-4 Intermediate.Observed: Cutting board(s) stainedPriority: Intermediate
50-12-4 High Priority.Observed: License is expired and is more than 60 after expiration date. **Admin Complaint**Priority: High Priority
27-03-4 High Priority.Observed: Water supply does not meet the requirements of a public water supply. Facility is on a boil water notice. Providededucational infoPriority: High Priority
21-10-4 Basic.Observed: Wiping cloth/towel used under cutting board. Priority: Basic

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 4899462
Inspection Date: Monday, April 22, 2013
Inspection Number: 2248580
Visit Number: 3
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Admin. Complaint Callback Complied - Return visit resulting from an administrative complaint found violations to be corrected.
Total Number of Violations: 0
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 0

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 4899463
Inspection Date: Monday, April 22, 2013
Inspection Number: 2266494
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 High Priority Violations: 2
Number of Intermediate Violations: 0
Number of Basic Violations: 2
Details
ViolationObservations of Inspector [as written on inspection]
51-18-4 Basic.No copy of latest inspection report available.
23-09-4 Basic.Soiled reach-in cooler gaskets. On the upright reach in cooler **Corrected On-Site**
03A-02-4 High Priority.Potentially hazardous (time/temperature control for safety) food cold held at greater than 41 degrees Fahrenheit. Chicken 56? discarded , beef 46? rapid chilled to 41? **Corrected On-Site**
03B-01-4 High Priority.Potentially hazardous (time/temperature control for safety) hot held at less than 135 degrees Fahrenheit or above. Ox 114? chicken stew 116? less than 1 hour on the stove top, rapid heated to 165? during the inspection. **Corrected On-Site**

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 4838650
Inspection Date: Wednesday, January 23, 2013
Inspection Number: 2248580
Visit Number: 2
Inspection Class: Food
Inspection Type: Routine - Food
Inspection Disposition: Call Back - Admin. complaint recommended
Total Number of Violations: 2
Number of High Priority Violations: 0
Number of Intermediate Violations: 0
Number of Basic Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
05-08-1 OBSERVED: NO THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT. PRIORITY: Critical./span>
53B-08-1 OBSERVED: NO PROOF OF REQUIRED STATE APPROVED EMPLOYEE TRAINING PROVIDED. TO ORDER APPROVED PROGRAM FOOD SAFETY MATERIAL, CALL DBPR''S CONTRACTED PROVIDER: FLORIDA RESTAURANT & LODGING ASSOC. "WARNING" - PRIORITY - Critical./span>

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 4803165
Inspection Date: Monday, November 19, 2012
Inspection Number: 2248581
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: 2
Number of Critical/Risk Violations: 2
Number of Noncritical Violations: 0
Details
ViolationObservations of Inspector [as written on inspection]
05-08-1 Critical.- No thermometer provided to measure temperature of food product.
53B-08-1 Critical.- No proof of required employee training provided. To order approved program food safety material, call DBPR?#ontracted provider: Florida Restaurant & Lodging Association (SafeStaff) 866-372-7233.

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 4745287
Inspection Date: Monday, November 19, 2012
Inspection Number: 2248580
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: 8
Number of Critical/Risk Violations: 3
Number of Noncritical Violations: 5
Details
ViolationObservations of Inspector [as written on inspection]
05-08-1 Critical.- OBSERVED: NO THERMOMETER PROVIDED TO MEASURE TEMPERATURE OF FOOD PRODUCT. PRIORITY: Critical./span>
14-37-1 OBSERVED: CUTTING BOARD GROOVED/PITTED AND NO LONGER CLEANABLE. PRIORITY: Critical./span>
32-04-1 Critical.- OBSERVED: BATHROOM NOT ENCLOSED WITH TIGHT-FITTING, SELF-CLOSING DOORS, MENS RESTROOM. PRIORITY: Critical./span>
37-01-1 OBSERVED: CEILING TILE MISSING - MENS RESTROOM AND IN THE KITCHEN AREA. PRIORITY: Critical./span>
37-03-1 OBSERVED: WALL IN DISREPAIR NEAR THE HOT WATER TANK. PRIORITY: Critical./span>
37-05-1 OBSERVED: WALL SOILED WITH ACCUMULATED FOOD DEBRIS AROUND AND UNDER THE 3 BAY SINK. PRIORITY: Critical./span>
37-12-1 OBSERVED: CEILING NOT SMOOTH AND EASILY CLEANABLE IN LADIES RESTROOM AND IN KITCHEN / PREP AREA. PRIORITY: Critical./span>
53B-08-1 Critical.- OBSERVED: NO PROOF OF REQUIRED STATE APPROVED EMPLOYEE TRAINING PROVIDED. TO ORDER APPROVED PROGRAM FOOD SAFETY MATERIAL, CALL DBPR'S CONTRACTED PROVIDER: FLORIDA RESTAURANT & LODGING ASSOC. "WARNING" - PRIORITY - Critical./span>

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3 Food Service Inspections for July 1, 2011 - June 30, 2012
Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 4554035
Inspection Date: Wednesday, February 29, 2012
Inspection Number: 2151876
Visit Number: 1
Inspection Class: Food
Inspection Type: Food-Licensing Inspection
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]
12A-09-1 Critical. Observed food employee wearing jewelry other than a plain ring on their hands/arms while preparing food.
14-37-1 Observed cutting board heavily grooved/pitted and no longer cleanable.
17-09-1 Critical. Lack of use of chemical test kit when using chemical sanitizer at three-compartment sink/warewashing machine.
32-16-1 Critical. Hand wash sink lacking proper hand drying provisions. Corrected On Site.
32-17-1 Critical. Handwashing cleanser lacking at handwashing lavatory. Corrected On Site.
47-16-2 Critical. Electrical outlet missing cover plate. For reporting purposes only.
53A-01-2 Critical. Manager lacking proof of Food Manager Certification. /MUST HAVE BY NEXT UNANNOUNCED INSPECTION

Inspection For: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 4559968
Inspection Date: Wednesday, February 29, 2012
Inspection Number: 2152441
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: BERTY'S
License Number: 1505244
License ID: 5301938
Inspection Visit ID: 4559962
Inspection Date: Wednesday, December 21, 2011
Inspection Number: 2152441
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: 6
Number of Critical/Risk Violations: 5
Number of Noncritical Violations: 1
Details
ViolationObservations of Inspector [as written on inspection]
2 No date marking on cooked ready to eat foods in the refridgerator.
22 Critical. Interior of refrigerator and reach in freezer heavily soiled.
31 Critical. Employee handwash sink not available for use c/o/s.
50 Critical. Observed change of ownership has occurred - operator must submit license application and have establishment ready to be licensed within 60 days. - Application available online at myfloridalicense. Com/dbpr/hr.
53A Critical. No certified food manager.
53B Critical. No employee training.

NoticeEach restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Berty's Place in Palm Bay 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 Palm Bay's Berty's Place.

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 Berty's Place 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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