Panos Fresh Market, 426 W. Sunset, Waukesha, WI 53186 - Restaurant inspection findings and violations



Business Info

Restaurant: Panos Fresh Market
Address: 426 W. Sunset, Waukesha, WI 53186
Phone: (262) 751-3219
Total inspections: 7
Last inspection: Sep 27, 2010
Score
(the higher the better)

100

Restaurant representatives - add corrected or new information about Panos Fresh Market, 426 W. Sunset, Waukesha, WI 53186 »


Inspection findings

Inspection Date

Inspection Score
(the higher the better)

  • **CDC Risk Factor Violation 20 A_COLD HOLDING**: 3-501.16 Potentially Hazardous Food, Hot and Cold Holding.C
Feb 3, 2009 100
No violation noted during this evaluation. Jul 10, 2009 100
No violation noted during this evaluation. Aug 28, 2009 100
  • **CDC Risk Factor Violation 13 A**. 3-302.11 Packaged and Unpackaged Food - Separation, Packaging, and Segregation.C
  • **CDC Risk Factor Violation 14 F**: 4-601.11 Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils.C
  • Violation 35 A: WFC 3-602.11 Food packaged in a food establishment, shall be labeled as specified in law, including 21 CFR 101 - Food
  • Violation 38 D: 2-402.11 Effectiveness.
  • Violation 46 L: 4-603.16 Rinsing Procedures.
  • Violation 54 B: 6-202.11 Light Bulbs, Protective Shielding.
Nov 5, 2009 81
No violation noted during this evaluation. Nov 11, 2009 100
  • **CDC Risk Factor Violation 20 A_COLD HOLDING**: 3-501.16 Potentially Hazardous Food, Hot and Cold Holding.C
  • **Critical Violation 26 C** : 7-201.11 Separation.C
  • Violation 35 B: Bulk food(this applies to self-serve bakery) that is available for consumer self-dispensing shall be prominently labeled with
  • Violation 45 V: 4-501.12 Cutting Surfaces.
  • Violation 47 A**: 4-601.11 Equipment, Nonfood-Contact Surfaces
  • Violation 51 Q: 8-301.11 Handwashing facilities.
  • Violation 53 Q: 6-501.11 Repairing.
Sep 16, 2010 81
No violation noted during this evaluation. Sep 27, 2010 100

Violation descriptions and comments

Feb 3, 2009

**CDC Risk Factor Violation 20 A_COLD HOLDING**: 3-501.16 Potentially Hazardous Food, Hot and Cold Holding.C
(A) Except during PREPARATION, cooking, or cooling, or when time is used as the public
health control as specified under § 3-501.19, and except as specified in ¶¶ (B) and (C),
POTENTIALLY HAZARDOUS FOOD shall be maintained:
(1) At 135 degrees F or above, except that roasts cooked to a temperature and for a
time specified in ¶ 3-401.11(B) or reheated as specified in ¶ 3-403.11(E) may be held at
a temperature of 130 degrees F; or
(2) At 41 degrees F or less.
(B) Shell EGGS that have not been treated to destroy all viable Salmonellae shall be stored
in refrigerated EQUIPMENT that maintains an ambient air temperature of 41°F or less.
(C) POTENTIALLY HAZARDOUS FOODS may be held out of cold holding temperature control from 41 degrees F up to 70 degrees F for up to 6 hours if
the following procedures are followed:
(1) For FOOD that is held without cold holding temperature control, written procedures
shall be maintained in the FOOD ESTABLISHMENT for monitoring the warmest portion of the
FOOD or an ambient temperature to ensure that temperature does not exceed 70oF during
the 6 hour holding period;
(2) The FOOD shall be marked or otherwise identified to indicate the time that is 6 hours
past the point in time when the FOOD is removed from cold holding temperature control;
(3) The FOOD shall be cooked and served, served if READY-TO-EAT, or discarded, within 6
hours from the point in time when the FOOD is removed from cold holding temperature
control;
(4) The FOOD in unmarked containers or PACKAGES or marked to exceed a 6 hour limit
shall be discarded; and
(5) APPROVED written procedures shall be maintained in the FOOD ESTABLISHMENT and
made available to the REGULATORY AUTHORITY upon request, that ensure compliance
with:
(a) Subparagraphs (C)(1)-(5), and
(b) § 3-501.14 for FOOD that is PREPARED, cooked, and refrigerated before time is
used as a public health control.
(6) This provision may not be used as a public health control for raw EGGS in a FOOD
ESTABLISHMENT that serves HIGHLY SUSCEPTIBLE POPULATIONS.
Note: Use thermometers to check internal food temperatures.

Complaint Details:
Customer wanted to buy tamales however, the product was not warm enough so she decided not to buy the product. Consumer is not sure if tamales
are stored in the Nesco oven, hot food case or room temperature.
Investigation Findings:
-Tamales(Ingredients include: Cooked pork or chicken, corn husk, vegetables and dough) are pre-made and stored in the walk-in cooler.
-Temperature in the walk-in cooler was recorded at 37f.
-The following day tamales are steamed/ boiled for 3hrs. or fried .They are cooled and placed in the walk-in cooler or in the hot food case.
-The following temperatures were recorded in the hot food case:
Chicken with potatoes 177f.
Beef vegetables 207f.
Fried tamales 157f.
Rice 162f.

Jul 10, 2009

Complaint Details:
A customer had purchased tortillas and a whole chicken. Apparently, the tortillas were moldy and the chicken smelled. Complainant indicated
this has happened to other customers.
Investigation Findings:
-A package of whole bone in chicken breast with the sell by date of July 13th was opened. No foul odor was detected. Temperature in the
self-serve poultry case was recorded at 40f.
-Tortillas are not made in the establishment. Corn tortillas are manufactured by El Milagro Co. Chicago IL, 773-523-5627.
According to Mr. Assimakopoulos(owner), 100 cases of corn tortillas are sold per week. There are 40-10 oz. packages of tortillas in a case.
Randomly, several packages of corn tortillas were opened. There was no mold or off odor present in the product.
No other complaints were received by the establishment.

Aug 28, 2009

Complaint Details: Customer stated several corn tortillas that she had purchased were moldy.
Investigation Findings: According to Mr. Assimakopoulos(owner), the last delivery of corn tortillas manufactured by El Milagro Co. Chicago IL,
773-523-5627 had many moldy packages.
Moldy packages of corn tortillas had been removed from sale. The manufacturer had been informed of the problem. The customers will be given
credit.

Nov 5, 2009

**CDC Risk Factor Violation 13 A**. 3-302.11 Packaged and Unpackaged Food - Separation, Packaging, and Segregation.C
-Smoked/cooked products(pork hocks, turkey, ham) are stored with raw meats.
-Cooked shrimp is stored with raw seafood.
This violation has been corrected by moving cooked products from raw meats/seafood.
Install permanent barriers in the display cases to segregate raw and cooked food products.
(A) FOOD shall be protected from cross contamination by:
(1) Separating raw animal FOODS during storage, PREPARATION, holding, and display
from:
(a) Raw READY-TO-EAT FOOD including other raw animal FOOD such as FISH for sushi or MOLLUSCAN SHELLFISH, or other raw
READY-TO-EAT FOOD such as vegetables, and
(b) Cooked READY-TO-EAT FOOD;
(2) Except when combined as ingredients, separating types of raw animal FOODS from
each other such as beef, FISH, lamb, pork, and POULTRY during storage, PREPARATION, holding, and display by:
(a) Using separate EQUIPMENT for each type, or
(b) Arranging each type of FOOD in EQUIPMENT so that cross contamination of one type with another is prevented, and
(c) PREPARING each type of FOOD at different times or in separate areas;
**CDC Risk Factor Violation 14 F**: 4-601.11 Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils.C
Deli slicer and wrapper are soiled. Deli slicer has been cleaned.
(A) EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be clean to sight and touch.
(B) The FOOD-CONTACT SURFACES of cooking EQUIPMENT and pans shall be kept free of
encrusted grease deposits and other soil accumulations.
(C) NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of
dust, dirt, FOOD residue, and other debris.
Violation 46 L: 4-603.16 Rinsing Procedures.
Follow these instructions when using warewash sink: 1.Pre-wash sink/hand sink 2. Wash sink (use detergent in this compartment) 3. Rinse
sink(plain water) 4. Sanitize sink (use either Sani-Rinse or Bleach).
Note: Sanitizing concentration in the four compartment sink was recorded at 200 p.p.m.
Washed UTENSILS and EQUIPMENT shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of
water or a detergent-SANITIZER
solution by using one of the following procedures:
(A) Use of a distinct, separate water rinse after washing and before SANITIZING if using:
(1) A 3-compartment sink,
(2) Alternative manual WAREWASHING EQUIPMENT equivalent to a 3-compartment sink as
specified in ¶ 4-301.12(C), or
(3) A 3-step washing, rinsing, and SANITIZING procedure in a WAREWASHING system for
CIP EQUIPMENT;
(B) Use of a detergent-SANITIZER as specified under § 4-501.115 if using:
(1) Alternative WAREWASHING EQUIPMENT as specified in ¶ 4-301.12(C) that is APPROVED for use with a detergent-SANITIZER, or
(2) A WAREWASHING system for CIP EQUIPMENT;
(C) Use of a nondistinct water rinse that is integrated in the hot water SANITIZATION immersion step of a 2-compartment sink operation;
(D) If using a WAREWASHING machine that does not recycle the SANITIZING solution as specified under ¶ (E), or alternative manual WAREWASHING
EQUIPMENT such as sprayers, use of a nondistinct water rinse that is:
(1) Integrated in the application of the SANITIZING solution, and
(2) Wasted immediately after each application; or
(E) If using a WAREWASHING machine that recycles the SANITIZING solution for use in the next wash cycle, use of a nondistinct water rinse that
is integrated in the application of the SANITIZING solution.
Violation 35 A: WFC 3-602.11 Food packaged in a food establishment, shall be labeled as specified in law, including 21 CFR 101 - Food
Labeling, and 9 CFR 317 Labeling, Marking Devices, and Containers.
-Primarily all the foods are labeled in Spanish. Make sure the placards are also labeled in English.
-Label meat/poultry placards with Country of Origin Information.
Label information shall include:
(1) The common name of the food, or absent a common name, an adequately
descriptive identity statement;
(2) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration
of artificial color or flavor and chemical preservatives, if contained in the food;
(3) The name of the food source for each major food allergen contained in the food
unless the food source is already part of the common or usual name of the respective
ingredient (effective January 1, 2006).
Note: Under the Food Allergen Labeling and Consumer Protection Act (FALCPA), a
"major" food allergen" is an ingredient that is one of the following eight foods/food
groups or is an ingredient that contains protein derived from one of the following: Milk
and milk products (whey, nonfat dry milk, casein, sodium caseinate, etc.); eggs
(albumen, whites, meringue, etc.); fish (bass, flounder, cod, etc.); crustacean shellfish
(crab, lobster, shrimp, etc.); tree nuts (almonds, walnuts, pecans, etc., each is a
separate allergen); wheat and wheat proteins (malt, caramel color, flour, etc.); peanuts
(peanut butter, unrefined peanut oil, flour, etc.); and soybeans and soy products
(hydrogenated soy protein, tofu, unrefined soybean oil, etc.).
(4) An accurate declaration of the quantity of contents;
(5) The name and place of business of the manufacturer, packer, or distributor; and
(6) Except as exempted in the Federal Food, Drug, and Cosmetic Act § 403(Q)(3)-(5),
nutrition labeling as specified in 21 CFR 101 - FOOD Labeling and 9 CFR 317 Subpart
B Nutrition Labeling.
(7) For any salmonid fish containing canthaxanthin as a color additive, the labeling of
the bulk fish container, including a list of ingredients, displayed on the retail container or
by other written means, such as a counter card, that discloses the use of canthaxnthin.

Violation 35 B: Bulk food(this applies to self-serve bakery) that is available for consumer self-dispensing shall be prominently labeled with
the following information in plain view of the consumer:
(1) The manufacturer's or processor's label that was provided with the food; or
(2) A card, sign, or other method of notification that includes the following information:
*The common name of the food, or absent a common name, an adequately descriptive
identity statement;
*If made of two or more ingredients, a list of ingredients in descending order of
predominance by weight, including a declaration of artificial color or flavor and chemical
preservatives, if contained in the food.
*The name of the food source for each major food allergen contained in the food
unless the food source is already par of the ommon or usual name of the respective
ingredient (Effective January 1, 2006). Note: Under the Food Allergen Labeling and
Consumer Protection Act (FALCPA), a "major food allergen" is an ingredient that is one
of the following eight foods/food groups or is an ingredient that contains protein derived
from one of the following: Milk and milk products (whey, nonfat dry milk, casein, sodium
caseinate, etc.); eggs (albumen, whites, meringue, etc.); fish, crustacean shellfish, tree
nuts (almonds, walnuts, pecans, etc., each is a separate allergen); wheat and wheat
proteins (malt, caramel color, flour,); peanuts (peanut butter, unrefined peanut oil, flour,
etc.); and soybeans and soy products (hydrogenated soy protein, tofu, unrefined
soybean oil, etc.).
*Except as exempted in the Federal Food, Drug, and Cosmetic Act, 403(Q)(3)-(5),
nutrition labeling as specified in 21 CFR 101 - Food Labeling and 9 CFR 317, Subpart
B, Nutrition Labeling.
Violation 38 D: 2-402.11 Effectiveness.
(A) Except as provided in ¶ (B), All FOOD EMPLOYEES shall wear hair restraints such as hats,
hair coverings or nets, beard restraints, and clothing that covers body hair, that are
designed and worn to effectively keep their hair from contacting exposed FOOD; clean
EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
(B) This section does not apply to FOOD EMPLOYEES such as counter staff who only serve
BEVERAGES and wrapped or PACKAGED FOODS, hostesses, and wait staff if they present a
minimal RISK of contaminating exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; and unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
Violation 54 B: 6-202.11 Light Bulbs, Protective Shielding.
Many light shields are missing in the meat/kitchen production areas
(A) Except as specified in ¶ (B), light bulbs shall be shielded, coated, or otherwise shatter-
resistant in areas where there is exposed FOOD; clean EQUIPMENT, UTENSILS, and LINENS; or unwrapped SINGLE-SERVICE and SINGLE-USE ARTICLES.
(B) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used
only for storing FOOD in unopened PACKAGES, if:
(1) The integrity of the PACKAGES can not be affected by broken glass falling onto them;
and
(2) The PACKAGES are capable of being cleaned of debris from broken bulbs before the
PACKAGES are opened.
(C) An infrared or other heat lamp shall be protected against breakage by a shield surrounding
and extending beyond the bulb so that only the face of the bulb is exposed.

A follow-up inspection concerning items 13A and 35A will be made the week of 11-9-09.

The following temperatures were recorded at the time of inspection:
Carnitas 170f.
Rice 163f.
Beef & potatoes 195f.
Spare ribs 172f.
Bakery display case 36f.
Cheese/ham display case 35f.
Meat display case(chorizo/pork section) 33f.
Meat display case(steak section) 32f.
Smoked meat display case 40f.
Seafood display case 33f.
Produce walk-in cooler 40f.
Amana refrigerator 37f.
Amana freezer compartment 3f.
Meat walk-in cooler 31f.
Freezers in storage room 0f. & -3f.
Dairy walk-in cooler 35f.
Ice cream/bakery freezer -3f
Ice cream/noveties freezer -10f.
Soda cooler 40f.
Produce case 40f.
Self-serve meat case 33f.
Frozen dinners -11f.
Cheese case 34f.
Shrimp freezer bunker -5f.
Eggs/orange juice refrigerator 38f.
Milk case 37f.
Beer cooler 35f.
-Sani-Clean Sanitizer and Bleach are available for sanitizing equipment and utensils.
-Wiping cloths are stored in a sanitizing solution maintaining concentration of 100 p.p.m.
-Disposable gloves are available for handling of ready to eat foods.
Note: Tamales are prepared on site for this establishment and the Main St. Waukesha store.

Nov 11, 2009

This is a follow-up inspection concerning items 13A and 35A.
-A permanent barrier(plexiglas) has been installed for separation of cooked and raw products in the display case.
-Only raw seafood is stored in the seafood display case.
-Deli slicer and wrapper have been cleaned.
-Food placards are now labeled in Spanish and English.
-Meat and poultry placards are labeled with Country of Origin Information.
-Food employees are using hair restraints.
-Light shields have been installed at florescent lights in the meat/kitchen production areas.

Sep 16, 2010

**CDC Risk Factor Violation 20 A_COLD HOLDING**: 3-501.16 Potentially Hazardous Food, Hot and Cold Holding.C
Several cut watermelons are stored at room temperature.
This violation has been corrected. Products were placed in the refrigerator.
(A) Except during PREPARATION, cooking, or cooling, or when time is used as the public
health control as specified under § 3-501.19, and except as specified in ¶¶ (B) and (C),
POTENTIALLY HAZARDOUS FOOD shall be maintained:
(1) At 135 degrees F or above, except that roasts cooked to a temperature and for a
time specified in ¶ 3-401.11(B) or reheated as specified in ¶ 3-403.11(E) may be held at
a temperature of 130 degrees F; or
(2) At 41 degrees F or less.
(B) Shell EGGS that have not been treated to destroy all viable Salmonellae shall be stored
in refrigerated EQUIPMENT that maintains an ambient air temperature of 41°F or less.
(C) POTENTIALLY HAZARDOUS FOODS may be held out of cold holding temperature control from 41 degrees F up to 70 degrees F for up to 6 hours if
the following procedures are followed:
(1) For FOOD that is held without cold holding temperature control, written procedures
shall be maintained in the FOOD ESTABLISHMENT for monitoring the warmest portion of the
FOOD or an ambient temperature to ensure that temperature does not exceed 70oF during
the 6 hour holding period;
(2) The FOOD shall be marked or otherwise identified to indicate the time that is 6 hours
past the point in time when the FOOD is removed from cold holding temperature control;
(3) The FOOD shall be cooked and served, served if READY-TO-EAT, or discarded, within 6
hours from the point in time when the FOOD is removed from cold holding temperature
control;
(4) The FOOD in unmarked containers or PACKAGES or marked to exceed a 6 hour limit
shall be discarded; and
(5) APPROVED written procedures shall be maintained in the FOOD ESTABLISHMENT and
made available to the REGULATORY AUTHORITY upon request, that ensure compliance
with:
(a) Subparagraphs (C)(1)-(5), and
(b) § 3-501.14 for FOOD that is PREPARED, cooked, and refrigerated before time is
used as a public health control.
(6) This provision may not be used as a public health control for raw EGGS in a FOOD
ESTABLISHMENT that serves HIGHLY SUSCEPTIBLE POPULATIONS.
**Critical Violation 26 C** : 7-201.11 Separation.C
Dawn detergent is stored w/spices. This violation has been corrected.
POISONOUS OR TOXIC MATERIALS shall be stored so they can not contaminate FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE
ARTICLES by:
(A) Separating the POISONOUS OR TOXIC MATERIALS by spacing or partitioning; and
(B) Locating the POISONOUS OR TOXIC MATERIALS in an area that is not above FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE or SINGLE-USE
ARTICLES. This paragraph does not apply to EQUIPMENT and UTENSIL cleaners and SANITIZERS that are stored in WAREWASHING areas for availability
and convenience if the materials are stored to prevent contamination of FOOD, EQUIPMENT, UTENSILS, LINENS, and SINGLE-SERVICE and SINGLE-USE
ARTICLES.
Violation 45 V: 4-501.12 Cutting Surfaces.
Cuts are present on meat cutting boards. Flip/resurface or replace the cutting boards.
Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall
be resurfaced if they can no longer be effectively cleaned and SANITIZED, or discarded if they
are not capable of being resurfaced.
Violation 35 B: Bulk food(this applies to self-serve bakery) that is available for consumer self-dispensing shall be prominently labeled with
the following information in plain view of the consumer:
(1) The manufacturer's or processor's label that was provided with the food; or
(2) A card, sign, or other method of notification that includes the following information:
*The common name of the food, or absent a common name, an adequately descriptive
identity statement;
*If made of two or more ingredients, a list of ingredients in descending order of
predominance by weight, including a declaration of artificial color or flavor and chemical
preservatives, if contained in the food.
*The name of the food source for each major food allergen contained in the food
unless the food source is already par of the ommon or usual name of the respective
ingredient (Effective January 1, 2006). Note: Under the Food Allergen Labeling and
Consumer Protection Act (FALCPA), a "major food allergen" is an ingredient that is one
of the following eight foods/food groups or is an ingredient that contains protein derived
from one of the following: Milk and milk products (whey, nonfat dry milk, casein, sodium
caseinate, etc.); eggs (albumen, whites, meringue, etc.); fish, crustacean shellfish, tree
nuts (almonds, walnuts, pecans, etc., each is a separate allergen); wheat and wheat
proteins (malt, caramel color, flour,); peanuts (peanut butter, unrefined peanut oil, flour,
etc.); and soybeans and soy products (hydrogenated soy protein, tofu, unrefined
soybean oil, etc.).
*Except as exempted in the Federal Food, Drug, and Cosmetic Act, 403(Q)(3)-(5),
nutrition labeling as specified in 21 CFR 101 - Food Labeling and 9 CFR 317, Subpart
B, Nutrition Labeling.
Safe Handling Instructions are not available for the self-serve and bulk raw meats/poultry.
Violation 47 A**: 4-601.11 Equipment, Nonfood-Contact Surfaces
Produce/meat wrappers, counters under the wrappers, several storage bins, floor in the meat walk-in cooler & bakery storage compartments are
soiled.
(C) SURFACES of EQUIPMENT shall be kept free of an accumulation of
dust, dirt, FOOD residue, and other debris.
Violation 51 Q: 8-301.11 Handwashing facilities.
Soap dispenser at meat employee hand sink is empty.
This violation has been corrected. Soap dispenser has been re-filled.
Handwashing facilities:
(A) Shall be located in all public toilet rooms.
(B) Shall be equipped to provide water at a temperature as specified in § 5-202.12.
(C) Shall be provided with soap and single use hand drying devices.
(D) Used by food employees shall comply with ¶ 5-202.12(C).
Violation 53 Q: 6-501.11 Repairing.
-Several holes are present in the wall in the storage area. Also, floor by the produce utensil wash sink is not in good repair.
The PHYSICAL FACILITIES shall be maintained in good repair.

A follow-up inspection concerning items 45V and 35B(Safe Handling Instructions) will be made the week of 9-27-10.

The following temperatures were recorded at the time of inspection:
Chicken mole 172f.
Pork w/cactus 178f.
Mexican chicken 162f.
Beef 180f.
Beans 167f.
Fried pork 161f.
Bakery display case 38f.
Deli display case 38f.
Meat display cases 33f. & 32f.
Seafood display case 33f.
Amana refrigerator 42f.
Amana freezer compartment 0f.
Meat walk-in cooler 32f.
Roper freezer -6f.
Colder freezer -11f.
Produce walk-in cooler 35f.
Dairy/bakery walk-in cooler 35f.
Shrimp bunker 0f.
Yogurt/smoothies case 36f.
Milk case 37f.
Cheese case 38f.
Soda case 39f.
Pizza vegetable freezer -3f.
Bakery freezer -11f.
Produce case 40f.
Self-serve meat case 33f.
-Liquid Sanitizer & Bleach are available for sanitizing equipment & utensils.
-Disposable gloves are available for handling ready to eat foods.

Sep 27, 2010

This is a follow-up inspection concerning items 35B and 45V.
-Meat cutting boards have been resurfaced.
-Safe Handling Instruction have been provided for the packaged meats & poultry.

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