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BREAKERS (THE)

518 FLAGLER AVE, New Smyrna Beach FL 32169 · 386-428-2019

Last inspected Mar 25, 2026 · 11 visits since August 2023

Licence typeRestaurant
Seats160
Risk levelRisk Level 2
LicenceSEA7404446
Grade history
JAN 25
APR 25
JUL 25
JAN 26
MAR 26
≈ ERRATIC

5 inspections, swinging between B and F. Consistency is the problem here, not any single visit.

Worst finding on record
Live, small flying insects found 1 in the kitchen
High priority/35A-02-7
Badges — none earned
★ Spotless◆ Clean streak● Perfect year✓ Never fined

Awarded on the inspection record alone. What they mean →

Disciplinary actions

3 cases · $1,200

CaseViolation dateFinal orderAmount
4--2022053926Jul 28, 2022Dec 21, 2022$600
4--2021058225Oct 7, 2021Feb 4, 2022$400
4--2021004094Nov 30, 2020Feb 16, 2021$200

Inspection history

11 visits, newest first

Mar 25, 2026Inspection Completed - No Further ActionComplaint Investigation

Met inspection standards. 10 violations recorded, none serious enough to require a return visit.

5 High priority2 Intermediate3 Basic
What the inspector wrote — 10 findings
Employee touching ready-to-eat food with their bare hands - food was not being heated as a sole ingredient to 145 degrees F or immediately added to other ingredients to be cooked/heated to the minimum required temperature to allow bare hand contact. Establishment has no approved Alternative Operating Procedure. Adding lemons to bowl for service
High priority/09-01-4
Food-contact surfaces not sanitized after cleaning, before use. Do not use equipment/utensils not properly sanitized. Employee dropped ice scoop, washed and rinsed, set it to air dry without sanitizing. Operator filled 3rd basin of three compartment sink to sanitize
High priority/22-45-4
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Chicken breast moved from walk in cooler to front reach in cooler less than 2 hours before @ 49F. Possibly out during transfer.
High priority/03A-02-5
Time/temperature control for safety food, other than whole meat roast, hot held at less than 135 degrees Fahrenheit. Mushrooms above grill for approximately 1 hour 126 F. Returned to grill to reheat
High priority/03B-01-6/Corrective Action Taken
Show the remaining 6 findings ▾
Wiping cloth sanitizer solution exceeds the maximum concentration allowed. Greater than 400 ppm quat. operator diluted.
High priority/41-27-4/Corrective Action Taken
Food-contact surface soiled with food debris, mold-like substance or slime. - Can opener blade - 4 soda nozzles in the bar
Intermediate/22-02-4
Spray bottle containing toxic substance not labeled. Unlabeled bottle, operator discarded it
Intermediate/41-17-4/Corrected On-Site
Employee personal food not properly identified and segregated from food to be served to the public. In bar cooler, raw shell eggs and other items
Basic/08B-49-4
Exterior door has a gap at the threshold that opens to the outside. Side door
Basic/35B-01-4
Food stored on floor. Cases of fries
Basic/08B-38-4
The state's own report →
Jan 9, 2026Inspection Completed - No Further ActionRoutine Inspection

Met inspection standards. 8 violations recorded, none serious enough to require a return visit.

2 High priority2 Intermediate4 Basic
Show 8 findings ▾
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Cut lettuce from Wednesday 45F bottom of glass door server cooler stocked earlier in the day. Operator moved to walk in cooler
High priority/03A-02-5/Corrective Action Taken
Toxic substance/chemical improperly stored. Degreaser spray bottle over cookline
High priority/41-10-4/Corrected On-Site
Food-contact surface soiled with food debris, mold-like substance or slime. Can opener blade
Intermediate/22-02-4/Corrected On-Site
No color/concentration comparison chart available for chemical test kit used to check sanitizer. Quat
Intermediate/16-36-4
Clean linens stored on floor. Bags of clean towels on the floor in the shed
Basic/21-17-4
Clean utensils or equipment stored in dirty drawer or rack. Lids in container with soiled standing water
Basic/24-06-4/Corrected On-Site
Food stored on floor. - Cases under shelving walk in cooler - in the walk in freezer
Basic/08B-38-4/Corrected On-Site
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Interior bottom bar cooler
Basic/23-03-4
Jul 14, 2025Inspection Completed - No Further ActionComplaint Investigation

Met inspection standards. 14 violations recorded, none serious enough to require a return visit.

7 High priority1 Intermediate6 Basic
Show 14 findings ▾
Employee failed to wash hands before putting on gloves to initiate a task working with food. After handling cell phone
High priority/12A-07-5
Grease on the ground around recycle counter. In the sand.
High priority/28-27-5
Live, small flying insects found 1 in the kitchen
High priority/35A-02-7
Raw animal food stored over/not properly separated from ready-to-eat food. Raw shell eggs (personal) over lettuce Operator discarded
High priority/08A-05-6/Corrected On-Site
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Upright cooler near handsink : Raw chicken 44F. Raw fish 45F
High priority/03A-02-5
Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb. Where red hose is attached outside
High priority/29-34-4
Wiping cloth sanitizer solution exceeds the maximum concentration allowed. Greater than 400 ppm quat
High priority/41-27-4
No paper towels or mechanical hand drying device provided at handwash sink. Cookline
Intermediate/31B-02-4
Bowl or other container with no handle used to dispense food. Employee used cup with no handle to scoop ice
Basic/14-01-5/Repeat Violation
Cleaned and sanitized equipment or utensils not properly stored. Ice scoops in visibly soiled holder, outside next to ice machine
Basic/24-07-4
Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. Cell phone on cookline between gloves and soufflé cups
Basic/40-06-5
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Seafood walk in cooler shelving
Basic/23-03-4
Single-service articles improperly stored. Boxes of gloves in soiled plastic containers, outside kitchen door
Basic/25-05-4
Wet wiping cloth not stored in sanitizing solution between uses. Bar
Basic/21-12-4
Apr 4, 2025□ Call Back - CompliedComplaint Investigation

A return visit. The problems from the previous inspection had been dealt with.

0 High priority0 Intermediate1 Basic
Show 1 finding ▾
Single-service articles improperly stored. Cases in the storage shed
Basic/25-05-4/Warning/Return visit Apr 4, 2025 · Time Extended
Apr 2, 2025Warning IssuedComplaint Investigation

Violations found and a warning issued, with a return visit required. 9 recorded, 1 high priority.

1 High priority2 Intermediate6 Basic
Show 9 findings ▾
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Upright cookline cooler: breaded chicken 44F, wings 44F, fish 45F, chicken 46f. Bottom cookline cooler burger 45F, chicken 44F. Glass door cooler sour cream 45F Walk in cooler raw burgers 45-46F, veggie burger 45F, wings 45F, Raw 44F
High priority/03A-02-5/Warning
Food-contact surface soiled with food debris, mold-like substance or slime. Soda gun nozzles, bar
Intermediate/22-02-4/Warning
No paper towels or mechanical hand drying device provided at handwash sink.
Intermediate/31B-02-4/Corrected On-Site/Warning
Bowl or other container with no handle used to dispense food. Employee used to cup with no handle for ice
Basic/14-01-5/Warning
Clean utensils or equipment stored in dirty drawer or rack. Standing water/visible soil, containers above three compartments sink
Basic/24-06-4/Warning
Commercially processed reduced oxygen packaged fish bearing a label indicating that it is to remain frozen until time of use no longer frozen and not removed from reduced oxygen package. Tuna
Basic/06-09-1/Warning
Food stored on floor. Oil containers
Basic/08B-38-4/Warning
Old labels stuck to food containers after cleaning.
Basic/16-46-4/Warning
Single-service articles improperly stored. Cases in the storage shed
Basic/25-05-4/Warning
Jan 31, 2025Inspection Completed - No Further ActionRoutine Inspection

Met inspection standards. 10 violations recorded, none serious enough to require a return visit.

4 High priority2 Intermediate4 Basic
Show 10 findings ▾
Employee touched cell phone and then put gloves on to engage in food preparation, handle clean equipment or utensils, or touch unwrapped single-service items without washing hands. Manager directed employee to remove gloves and wash hands
High priority/12A-29-4/Corrective Action Taken
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. - Cooling mushrooms stored under mushrooms cooler from previous day - 55F. Operator rearranged - cut lettuce 44F bottom right glass door cooler. Advised to rearrange with tcs food at the top
High priority/03A-02-5/Corrective Action Taken
Time/temperature control for safety food reheated for hot holding not reaching 165 degrees Fahrenheit for 15 seconds within 2 hours. Chili and cheese 82-98F in steam table approximately 2 hours per operator. Removed to heat on the stove
High priority/03E-02-5/Corrective Action Taken
Wiping cloth sanitizer solution exceeds the maximum concentration allowed. Greater than 400 ppm quat. Operator diluted.
High priority/41-27-4/Corrective Action Taken
Food-contact surface soiled with food debris, mold-like substance or slime. - Dicer - operator pulled to clean - visible black substance in bar ice bin - operator began to remove all the ice and clean underside bar top
Intermediate/22-02-4/Corrective Action Taken
No chemical test kit provided when using sanitizer at three-compartment sink/warewashing machine or wiping cloths. Quat - operator stated he will cease using quat until test strips come in
Intermediate/16-37-1
Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. Cell phone on microwave
Basic/40-06-5/Corrected On-Site
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. - Seafood walk in cooler fan and shelving underneath it - underside of bar top above ice bin heavily soiled with black reside
Basic/23-03-4
Plumbing system in disrepair. Mop sink faucet
Basic/29-08-4
Single-service articles improperly stored. Cases on the floor in the storage shed
Basic/25-05-4/Repeat Violation
Sep 17, 2024□ Call Back - CompliedRoutine Inspection

A return visit. The problems from the previous inspection had been dealt with.

0 High priority1 Intermediate3 Basic
Show 4 findings ▾
Required employee training expired for some employees. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Clayton
Intermediate/53B-14-5/Warning/Return visit Sep 13, 2024 · Time Extended/Return visit Sep 17, 2024 · Time Extended
Gaskets in disrepair, left cookline cooler
Basic/14-11-5/Warning/Return visit Sep 13, 2024 · Time Extended/Return visit Sep 17, 2024 · Time Extended
Ice buildup in reach-in freezer and/or walk-in freezer. Floor walk in freezer
Basic/14-69-4/Warning/Return visit Sep 13, 2024 · Time Extended/Return visit Sep 17, 2024 · Time Extended
Single-service articles improperly stored. Cases on the floor in storage trailer
Basic/25-05-4/Warning/Return visit Sep 13, 2024 · Time Extended/Return visit Sep 17, 2024 · Time Extended
Sep 13, 2024Call Back - Extension given, pendingRoutine Inspection

A return visit. The problems were not fixed yet and the kitchen was given more time.

1 High priority1 Intermediate5 Basic
Show 7 findings ▾
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Raw shrimp 45F, bottom right cookline cooler
High priority/03A-02-5/Warning/Return visit Sep 13, 2024 · Raw shrimp 45F, raw shrimp 43-45F, Philly meat 41F, raw fish 44F bottom shelf of cooler. Time Extended
Required employee training expired for some employees. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Clayton
Intermediate/53B-14-5/Warning/Return visit Sep 13, 2024 · Time Extended
Dead roaches on premises. Approximately 10 on the floor, 2 on bag in the box soda
Basic/35A-03-4/Warning/Return visit Sep 13, 2024 · 2 live roaches in the kitchen - 2 dead roaches in the bar Time Extended
Gaskets in disrepair, left cookline cooler
Basic/14-11-5/Warning/Return visit Sep 13, 2024 · Time Extended
Ice buildup in reach-in freezer and/or walk-in freezer. Floor walk in freezer
Basic/14-69-4/Warning/Return visit Sep 13, 2024 · Time Extended
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Top of warmer above clean plate storage
Basic/23-03-4/Warning/Return visit Sep 13, 2024 · Time Extended
Single-service articles improperly stored. Cases on the floor in storage trailer
Basic/25-05-4/Warning/Return visit Sep 13, 2024 · Time Extended
Sep 12, 2024Warning IssuedRoutine Inspection

Violations found and a warning issued, with a return visit required. 12 recorded, 4 high priority.

4 High priority2 Intermediate6 Basic
Show 12 findings ▾
Ready-to-eat, time/temperature control for safety food marked with a date that exceeds 7 days after opening/preparation. Crab cakes 8/27. Operator stated date was incorrect and discarded
High priority/02C-01-5/Warning
Rodent activity present as evidenced by rodent droppings found. 1 on can of tuna, 2 on the floor in the corner
High priority/35A-04-4/Corrected On-Site/Warning
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Raw shrimp 45F, bottom right cookline cooler
High priority/03A-02-5/Warning
Toxic substance/chemical improperly stored. Spray bottles over gloves, oil
High priority/41-10-4/Corrected On-Site/Warning
Food-contact surface soiled with food debris, mold-like substance or slime. Veg dicer. Operator discarded
Intermediate/22-02-4/Corrected On-Site/Warning
Required employee training expired for some employees. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Clayton
Intermediate/53B-14-5/Warning
Clean utensils or equipment stored in dirty drawer or rack. Screens stored in full pan Cambro above three compartment sink with soiled standing water and dead insect
Basic/24-06-4/Warning
Dead roaches on premises. Approximately 10 on the floor, 2 on bag in the box soda
Basic/35A-03-4/Warning
Gaskets in disrepair, left cookline cooler
Basic/14-11-5/Warning
Ice buildup in reach-in freezer and/or walk-in freezer. Floor walk in freezer
Basic/14-69-4/Warning
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Top of warmer above clean plate storage
Basic/23-03-4/Warning
Single-service articles improperly stored. Cases on the floor in storage trailer
Basic/25-05-4/Warning
Jan 22, 2024Inspection Completed - No Further ActionRoutine Inspection

Met inspection standards. 9 violations recorded, none serious enough to require a return visit.

2 High priority4 Intermediate3 Basic
Show 9 findings ▾
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Overfilled sliced tomatoes, portioned blue cheese, lettuce, and sliced cheese 44-50F. Stocked less than 2 hours prior. Moved extra to walk in cooler
High priority/03A-02-5/Corrective Action Taken
Time/temperature control for safety food, other than whole meat roast, hot held at less than 135 degrees Fahrenheit. Marinara 98-123F. Made day of inspection and moved to crock pot. Advised to reheat to 165F to hot hold at 135F or above. Moved to stove to heat
High priority/03B-01-6/Corrective Action Taken
Establishment has no written procedures for employees to follow in response to a vomiting or diarrheal event where the vomit or diarrhea is discharged onto surfaces in the establishment.
Intermediate/11-27-4
Food-contact surface soiled with food debris, mold-like substance or slime. - Can opener blade - soda gun nozzles in the bar
Intermediate/22-02-4/Corrected On-Site
No paper towels or mechanical hand drying device provided at handwash sink. Both kitchen handsinks
Intermediate/31B-02-4/Corrected On-Site/Repeat Violation
No probe thermometer provided to measure temperature of food products. Batteries dead. Operator changed out
Intermediate/05-08-4/Corrected On-Site
Employee eating in a food preparation or other restricted area. Eating a brownie on the cookline in front of fryers
Basic/12B-02-4/Corrected On-Site
Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. - Mouthwash over warmer on cookline - cell phone on clean plate, cookline
Basic/40-06-5/Corrected On-Site/Repeat Violation
Time/temperature control for safety food not maintained frozen solid in a freezer. Upright True freezer, fries and other fryer foods
Basic/03A-05-5
Aug 1, 2023Inspection Completed - No Further ActionRoutine Inspection

Met inspection standards. 18 violations recorded, none serious enough to require a return visit.

6 High priority5 Intermediate7 Basic
Show 18 findings ▾
Dented/rusted cans present. See stop sale. Dented jalepeno cheese sauce
High priority/01B-01-4
Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 3 in the bar
High priority/35A-02-6
Stop Sale issued on time/temperature control for safety food due to temperature abuse.
High priority/01B-02-5/Repeat Violation
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Raw chicken 47F, 48F, 51F, bottom shelf of upright cooler near fryers overnight. See stop sale
High priority/03A-02-5/Repeat Violation
Time/temperature control for safety food, other than whole meat roast, hot held at less than 135 degrees Fahrenheit. Melted butter 131F next to warmers. Moved to reheat.
High priority/03B-01-6/Corrective Action Taken/Repeat Violation
Wiping cloth sanitizer solution exceeds the maximum concentration allowed. Greater than 400 ppm quat. Corrected to 400 ppm (brand allows 200-400)
High priority/41-27-4/Corrected On-Site
Food manager certification expired. A list of accredited food manager certification examination providers can be found at http://www.myfloridalicense.com/DBPR/hotels-restaurants/food-lodging/food-manager/ Francis. Exam scheduled.
Intermediate/53A-03-7
Food-contact surface soiled with food debris, mold-like substance or slime. - lemon cutter. Manager removed to wash - soda guns in the bar - top back of ice bin in the bar
Intermediate/22-02-4/Corrected On-Site
No chemical test kit provided when using sanitizer at three-compartment sink/warewashing machine or wiping cloths. All test strips expired
Intermediate/16-37-1
No paper towels or mechanical hand drying device provided at handwash sink. Cookline
Intermediate/31B-02-4
Spray bottle containing toxic substance not labeled. 2 in the bar
Intermediate/41-17-4
Clean utensils or equipment stored in dirty drawer or rack. Ice scoops stored in soiled container
Basic/24-06-4/Corrected On-Site
Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. Sunglasses on fryer oil
Basic/40-06-5/Corrected On-Site
Floor soiled/has accumulation of debris. - Under shelving, seafood walk in cooler - back corner of the bar flooring
Basic/36-73-4
Food stored on floor. Fryer oil containers in dry storage
Basic/08B-38-4
Ice scoop handle in contact with ice. Waitstation
Basic/10-08-5/Corrected On-Site
Old food stuck to clean dishware/utensils. Large plastic tub. Employee returned to warewashing area
Basic/16-48-4/Corrective Action Taken
Outer openings not protected with self-closing doors.
Basic/35B-03-4

This record follows the licence, not the owner. Restaurants change hands and the licence history normally does not, so an older entry may describe people who no longer run the place. Every inspection above links to the state's own report. Something wrong? Tell us.