Nick's Diner (01-0574), 6561 College Park Square, Virginia Beach, VA 23464 - Full Service Restaurant inspection findings and violations



Business Info

Restaurant: Nick's Diner (01-0574)
Address: 6561 College Park Square, Virginia Beach, VA 23464
Type: Full Service Restaurant
Phone: 757 578-4746
Total inspections: 11
Last inspection: 12/08/2015

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Inspection findings

Inspection date

Type

Discussed proper plate storage, requirement for air drying dishes, ensuring dishes are visibly free of food residue, maintaining cutting boards, cleaning schedule for interior of refrigeration units and requirement for repair or removal of non-functioning equipment.
  • Critical: Hands - When to Wash* (corrected on site)
    Observation: A food employee failed to wash his or her hands before engaging in food preparation, after touching bare human body parts, after coughing, sneezing, eating, after handling soiled utensils or after engaging in any activity which may have contaminated his/her hands.
    Correction: Instruct food employees to clean their hands and exposed portions of their arms immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles and during food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing task.
  • Critical: Hands - Preventing Contamination from Hands* (corrected on site)
    Observation: Employees observed handling ready-to-eat (RTE) food with their bare hands.
    Correction: Provide suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment to handle RTE food to prevent contamination from hands.
  • Critical: Food - Consumption of Raw or Undercooked Animal Foods (repeated violation)
    Observation: The raw and/or undercooked foods provided on the menu, menu board, table tent or brochure do not provide a disclosure statement.
    Correction: The Consumer Advisory shall include a disclosure statement that includes a description of the animal-derived foods and identification of the animal-derived foods by astericking (*) them to a footnote that states that the items are served raw or undercooked, or contain raw or undercooked ingredients.
  • Responsibilities of Owner or Proprietor
    Observation: Absence of no-smoking signs or international no-smoking signs in non-smoking area.
    Correction: Post of no-smoking signs or international no-smoking signs in non-smoking area. These can be found online at www.vdh.virginia.gov/breatheeasy
  • Indoor Areas - Surface Characteristics
    Observation: The indoor ceiling material located in the wait area does not meet the standard of: 1. smooth, durable and easily cleanable 2. nonabsorbent
    Correction: Refinish or replace the indoor ceiling at the area designated so it is: 1. smooth, durable and easily cleanable 2. nonabsorbent
  • Physical Facilities in Good Repair
    Observation: Ceiling tiles in kitchen and wall in wait area are not maintained in good repair
    Correction: Maintain physical facilities in good repair. Poor repair and maintenance compromises the functionality of the physical facilities.
12/08/2015Routine
  • Physical Facilities - Cleaning Frequency and Restrictions
    Observation: Kitchen ceiling is dusty.
    Correction: All floors, walls, and ceilings must be cleaned as often as necessary to keep them clean. Cleaning of the physical facilities is an important measure in ensuring the protection and sanitary preparation of food. A regular cleaning schedule should be established and followed to maintain the facility in a clean and sanitary manner.
  • Pests - Controlling Pests* (repeated violation)
    Observation: There are fruit flies in back storage area, near servers' station and near dishmachine.
    Correction: Eliminate harborage conditions. Insects and other pests are capable of transmitting disease to man by contaminating food and food-contact surfaces.
07/30/2015Routine
Operator adjusted unit temperature/thermostat of walk-in refrigerator and unit temperature reached below 40 degrees during inspection. Operator has consumer advisory statement posted but will include it on menu with disclosure indicating which menu items are undercooked or raw.
  • Critical: Food - Potentially Hazardous Food - Cold Holding* (corrected on site)
    Observation: Foods in walk-in refrigerator are cold holding at improper temperatures.
    Correction: Cold hold potentially hazardous food at 41°F or below to inhibit the growth of harmful bacteria.
  • Critical: Food - Consumption of Raw or Undercooked Animal Foods (corrected on site)
    Observation: The raw and/or undercooked foods provided on the menu, menu board, table tent or brochure do not provide a disclosure statement.
    Correction: The Consumer Advisory shall include a disclosure statement that includes a description of the animal-derived foods and identification of the animal-derived foods by astericking (*) them to a footnote that states that the items are served raw or undercooked, or contain raw or undercooked ingredients.
  • Critical: Food - Consumption of Raw or Undercooked Animal Foods (corrected on site)
    Observation: A review of the menu with the foodservice operator indicates that there is no consumer advisory for the foods that may be served raw and/or undercooked
    Correction: If an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw or undercooked the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.
  • Pests - Controlling Pests* (corrected on site)
    Observation: There are fruit flies/gnats in back kitchen.
    Correction: Inspect premises on routine basis for the evidence of pests. . Insects and other pests are capable of transmitting disease to man by contaminating food and food-contact surfaces.
04/21/2015Routine
  • Food Storage Containers - Identified with Common Name of Food (corrected on site)
    Observation: Unlabeled food containers.
    Correction: Label working containers with the common name of its contents. Consumers may be allergic to certain foods or ingredients. The mistaken use of an ingredient when the consumer has requested that it not be used may result in severe medical consequences. Liquid foods and granular foods may resemble cleaning compounds. The mistaken use of food from an unlabeled container could result in chemical poisoning.
  • Physical Facilities - Cleaning Frequency and Restrictions
    Observation: Floor in back storage area near hot water heater noted in need of cleaning.
    Correction: All floors, walls, and ceilings must be cleaned as often as necessary to keep them clean. Cleaning of the physical facilities is an important measure in ensuring the protection and sanitary preparation of food. A regular cleaning schedule should be established and followed to maintain the facility in a clean and sanitary manner.
01/23/2015Routine
  • Critical: Food - Potentially Hazardous Food - Cold Holding* (corrected on site)
    Observation: Half and half coffee creamers are cold holding at improper temperatures.
    Correction: Cold hold potentially hazardous food at 41°F or below to inhibit the growth of harmful bacteria.
  • Temperature Measuring Devices
    Observation: The temperature measuring device in the glass front refrigerator was not properly located in the warmest part of the unit.
    Correction: Relocate the temperature measuring device to the warmest part of the refrigeration unit to properly represent the ambient air temperature.
  • Equipment - Good Repair and Proper Adjustment
    Observation: Thermometer in prep refrigerator on cookline was observed in a state of disrepair and damaged.
    Correction: Replace thermometer with one that meets the specifications of Part IV, Article 1 and 2 of this chapter.
  • Equipment - Good Repair and Proper Adjustment
    Observation: Walk-in freezer door cannot close because of ice build-up. It is observed in a condition that prevents necessary maintenance and easy cleaning.
    Correction: Repair to restore a state of condition that allows for proper operation, accuracy, functioning, maintenance, and cleanability per Part IV, Article 1 and 2 of this chapter. If unable to repair, replace it with one that meets the specifications of Part IV, Article 1 and 2 of this chapter.
  • Hand Drying Provision
    Observation: No disposable towels were provided at the hand sink in the front service area.
    Correction: Hand drying devices such as individual disposable paper towels, a continuous towel system that supplies the user with a clean towel or heated air hand drying device must be provided at all hand washing lavatories to encourage proper hand washing and avoid employees to drying their hands on their clothing or other unclean materials
10/17/2014Routine
Received complaint that cheese was moldy on sandwich, lint was on plate and complainant was told there is mold in back. During today's visit, no moldy cheese seen. Cheese is at proper temperature. Employees are using paper towels or air drying tableware. No mold was seen in back kitchen. Discussed complaint with operator. He said that he feels it was made by recently terminated employee.
No violation noted during this evaluation.
09/30/2014Complaint
Certified food manager is not present today.
  • Critical: Eating, Drinking, or Using Tobacco* (corrected on site)
    Observation: In use open drinking containers stored in a manner that may contaminate food, food contact surfaces or utensils.
    Correction: Employees may drink from a closed beverage container if the container is handled to prevent contamination of (1) The employee's hands (2) The container and (3) Exposed food clean equipment, utensils, and linens and unwrapped single-service and single-use articles.
  • Critical: Food - Potentially Hazardous Food - Hot Holding* (corrected on site)
    Observation: Meatballs hot holding at improper temperatures.
    Correction: Hot hold potentially hazardous food at 135°F or above to inhibit the growth of harmful bacteria.
  • Handwashing - Using a Handwashing Lavatory (corrected on site)
    Observation: The handwashing facility located in the kitchen is blocked, preventing access by employees for easy handwashing.
    Correction: Access to the handwashing facility identified above is to be available during all hours of operation. Remove the items in it preventing its use.
  • Insect Control Devices - Design and Installation (corrected on site)
    Observation: Insect control strips are located over clean equipment and utensils where dead insects may be impelled or fall.
    Correction: Install the insect control device away from a food preparation area so that dead insects and insect fragments are prevented from being impelled onto or falling on exposed food, clean equipment, utensils, and linens, and unwrapped single service and single use articles. Exposed food and food-contact surfaces must be protected from contamination by insects or insect parts. Installation of the device over food preparation areas or in close proximity to exposed food and/or food contact surfaces could allow dead insects and/or insect parts to be impelled by the electric charge, fall, or be blown from the device onto food or food-contact surfaces.
  • Handwashing Cleanser - Availability (corrected on site)
    Observation: Soap was not provided at the hand washing lavatory in the wait station.
    Correction: Hand soap must be provided at all hand washing lavatories to encourage proper hand washing. Hand cleanser must always be present to aid in reducing microorganisms and particulate matter found on hands.
  • Pests - Controlling Pests*
    Observation: There are gnats/fruit flies in areas of hot water heater and dishwasher.
    Correction: Inspect premises on routine basis for the evidence of pests. . Insects and other pests are capable of transmitting disease to man by contaminating food and food-contact surfaces.
07/29/2014Routine
  • Physical Facilities in Good Repair
    Observation: Ceiling tile in back kitchen is not maintained in good repair. Insulation is exposed.
    Correction: Maintain physical facilities in good repair. Poor repair and maintenance compromises the functionality of the physical facilities.
04/29/2014Routine
Good job of date-marking all prepared foods.
  • Utensils - In-Use - Between-Use Storage (corrected on site)
    Observation: Dispensing utensils improperly stored between uses. Ice scoop is not stored on clean surface.
    Correction: Store in-use utensils or dispensing utensils in one of the following manners: 1) In the food with their handles above the top of the food and the container. 2) In food that is not potentially hazardous with their handles above the top of the food within containers or equipment that can be closed. 3) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized every 4 hours. 4) In running water of sufficient velocity to flush particulates to the drain. 5) In a clean, protected location if the utensils are used only with a food that is not potentially hazardous. 6) In a container of water if the water is maintained at a temperature of at least 135°F.
  • Cloths - Wiping Cloths - Use Limitation (corrected on site)
    Observation: Wiping cloths improperly stored between use.
    Correction: Ensure wet wiping cloths are stored in a chemical sanitizer at the proper concentration between use.
  • Cloths - Wiping Cloths - Use Limitation (corrected on site)
    Observation: When tested, no sanitizer or a low concentration of chemical sanitizer was found in the wiping cloth bucket storing wiping cloths used on food contact surfaces.
    Correction: Provide at proper concentration and immerse or expose food contact surfaces to sanitizing solution for adequate time.
  • Equipment - Good Repair and Proper Adjustment (repeated violation)
    Observation: Walk-in freezer door has ice accumulation and will not close properly.
    Correction: Defrost to restore a state of condition that allows for proper operation, accuracy, functioning, maintenance, and cleanability per Part IV, Article 1 and 2 of this chapter.
  • Plumbing System Maintained in Good Repair
    Observation: There is no hot water in the women's toilet room.
    Correction: Repair and maintain all plumbing components ans fixtures.
01/27/2014Routine
This is a follow-up to check dishmachine sanitizer. It is now sanitizing at 100 ppm chlorine.
No violation noted during this evaluation.
10/29/2013Other
Advised not to use dishmachine until it is ejecting sanitizer at proper levels. Operator is waiting for more sanitizer to arrive. Advised that potentially hazardous foods which may be served undercooked or raw (eggs, ground beef, steak) must be iidentified on the menu.
  • Critical: Food - Consumption of Raw or Undercooked Animal Foods
    Observation: The raw and/or undercooked foods provided on the menu, menu board, table tent or brochure do not provide a disclosure statement.
    Correction: The Consumer Advisory shall include a disclosure statement that includes a description of the animal-derived foods and identification of the animal-derived foods by astericking (*) them to a footnote that states that the items are served raw or undercooked, or contain raw or undercooked ingredients.
  • Equipment - Good Repair and Proper Adjustment
    Observation: There is excessive ice build-up in walk-in freezer including around the door.
    Correction: Repair to restore a state of condition that allows for proper operation, accuracy, functioning, maintenance, and cleanability per Part IV, Article 1 and 2 of this chapter. If unable to repair , replace it with one that meets the specifications of Part IV, Article 1 and 2 of this chapter.
  • Critical: Warewashing - Manual & Mechanical Warewashing Equipment, Chemical Sanitization - Temperature, pH, Concentration & Hardness*
    Observation: Chlorine sanitizing solution used was not at an acceptable concentration.
    Correction: Adjust the chlorine sanitizing solution to a level of at least 50 parts per million when the pH is at 8 or less and the water temperature is 75°F.
  • Handwashing Cleanser - Availability
    Observation: Soap was not provided at the hand washing lavatory in the front service area.
    Correction: Hand soap must be provided at all hand washing lavatories to encourage proper hand washing. Hand cleanser must always be present to aid in reducing microorganisms and particulate matter found on hands.
  • Physical Facilities - Cleaning Frequency and Restrictions
    Observation: Ceiling dusty around vents in front of kitchen.
    Correction: All floors, walls, and ceilings must be cleaned as often as necessary to keep them clean. Cleaning of the physical facilities is an important measure in ensuring the protection and sanitary preparation of food. A regular cleaning schedule should be established and followed to maintain the facility in a clean and sanitary manner.
  • Critical: Sanitizer - Criteria/Chemicals for food contact* (corrected on site)
    Observation: Lavender scented chlorine being applied to food contact surfaces does not meet the requirements of 40 CFR 180.940
    Correction: Utilize only sanitizers that meet the requirements of 40 CFR 180.940 when applying to food contact surfaces
10/22/2013Routine

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