Toni & Joe's Patio

309 Buenos Aires, New Smyrna Beach, FL 32169 · Permanent Food Service · License 7406698

Official report

out of 100

Grade F

Safety score 55 of 100

Latest visit: Oct 6, 2026 (5 weeks ago)

What drove the grade

Time/temperature control for safety food cold held at greater than 41°F.High priority · 12 other violations

How the score was calculated

Starting score100
Violations at the Oct 5 routine inspection
4 high priority (3 fixed by the Oct 6 follow-up), 4 intermediate (1 fixed on the spot, 1 repeat), 5 basic (1 repeat)
-33
Administrative complaint on Oct 5, since fixed
Reduced from 20 because a follow-up found the problems fixed
-12
Safety score55

Our own summary of the public record, not an official state rating. How grades work · Report an error

Inspection history

1 inspection · 2 visits

Oct52026

Routine inspection

13 violations found · Inspector came back once

Follow-up visitOct 6, 2026 Fixed at follow-up
The inspector came back and found the problems fixed.
5 earlier violations still noted, but not enough to need another visit:
- 1 High priority
- 1 Intermediate
- 3 Basic
What was still cited
High priority1
- Code 03, Food out of temperature: Time/temperature control for safety food cold held at greater than 41°F.
  Sliced cheese 44°F, shredded cheese 42°F, sausage 37°F, ground beef 43°F, shredded cheese 42°F, pooled egg 43°F, right cooler. Moved sliced cheese from shallow plastic pan with drip screen to deep pan with no screen . Cheese then moved to reach in freezer to reach 41°F.
  More time givenFixed on the spot
Intermediate1
- Code 22, Food-contact surfaces clean and sanitized: Food-contact surface soiled with food debris, mold-like substance or slime.
  More time given
Basic3
- Code 23, Non-food contact surfaces clean: Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust.
  More time given
- Code 36, Floors, walls, ceilings and ventilation: Hole in or other damage to wall.
  More time given
  Floor soiled/has accumulation of debris.
  More time given
Official report, on the Florida DBPR website
First visitOct 5, 2026 Administrative complaint
Serious or repeated problems led the inspector to recommend formal action by the state, which can include fines.
13 violations found:
- 4 High priority
- 4 Intermediate
- 5 Basic
What the inspector cited
High priority4
- Code 01, Approved source; food safe and unadulterated: Stop Sale issued on time/temperature control for safety food due to temperature abuse.
  Ready-to-eat, time/temperature control for safety food not consumed/sold within 7 days after opening/preparation.
  See stop sale. Spin dip 9/26
- Code 03, Food out of temperature: Time/temperature control for safety food cold held at greater than 41°F.
  Right cookline cooler: Shredded cheese 44-45°F, hot dogs 45°F, spin dip 58°F, rice 47-57°F, cheese dip 47°F, Swiss 53°F, shrimp 44°F, shrimp 45°F, beef 45°F, half and half 45°F Left cookline cooler shredded cheese 45°F
- Code 22, Food-contact surfaces clean and sanitized: Quaternary ammonium sanitizer not at proper minimum strength for manual warewashing.
  Do not use equipment/utensils not properly sanitized. Less than 150 ppm quat. Employee added tablets
Intermediate4
- Code 05, Thermometers provided and accurate: Probe thermometer not accurate within plus or minus 2°F.
  Employees adjusted
  Fixed on the spot
- Code 22, Food-contact surfaces clean and sanitized: Food-contact surface soiled with food debris, mold-like substance or slime.
  Veg slicer and dicer
- Code 52, Misrepresentation or misbranding: Identity of food or food product misrepresented.
  Homemade blueberry cheesecake advertised on the menu. Commercially processed cheesecake in reach in freezer served . House smoked fish dip on the menu. Commercially processed fish dip in the walk in cooler served Gulf shrimp on the menu. Farm raised shrimp from Ecuador served.
  Administrative complaint
- Code 53, Manager certification and employee training: No currently certified food service manager on duty with four or more employees engaged in food preparation/handling.
  A list of accredited food manager certification examination providers can be found at http://www.myfloridalicense.com/DBPR/hotels-restaurants/food-lodging/food-manager/
  Repeat violation
Basic5
- Code 12, Handwashing and hygienic practices: Employee beverage container on a food preparation table or over/next to clean equipment/utensils. open can of soda, reach in freezer
  Fixed on the spot
- Code 23, Non-food contact surfaces clean: Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust.
  Liquor rail tiki area Shelving in the liquor storage area
  Repeat violation
- Code 36, Floors, walls, ceilings and ventilation: Hole in or other damage to wall.
  Under three compartment sink and hand sink
  Floor soiled/has accumulation of debris.
  Storage hallways, debris from ceiling
- Code 40, Employee personal belongings: Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items.
  Ecig on reach in freezer
  Fixed on the spot
Official report, on the Florida DBPR website

Reading this report

Priority levels

High priority The problems most likely to make someone sick directly.
Intermediate Could lead to a high-priority problem if not fixed.
Basic Best practices and general upkeep.

Terms in the inspectors’ reports

Time/temperature control for safety food: Food that has to be kept hot, at 135°F or above, or cold, at 41°F or below, to stay safe: meat, seafood, eggs, dairy, cooked rice and beans, cut melons and the like.
Ready-to-eat food: Food eaten without further cooking, such as salads, sandwiches, deli meats and cooked dishes.
Food-contact surface: Anything food touches, such as cutting boards, utensils, counters and the inside of ice machines.
Nonfood-contact surface: Surfaces food doesn’t touch, such as the outsides of equipment, handles and door gaskets.
Stop sale: An order that the food can’t be sold or served.