Eat SafelyIn Florida
Home/New Smyrna Beach/FLAGLER TAVERN

FLAGLER TAVERN

414 FLAGLER AVE, New Smyrna Beach FL 32169 · 386.426.2080

Last inspected May 14, 2026 · 10 visits since July 2023

Licence typeRestaurant
Seats225
Risk levelRisk Level 2
LicenceSEA7402521
Grade history
APR 24
DEC 24
JUN 25
NOV 25
MAY 26
≈ ERRATIC

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

Worst finding on record
Roach excrement and/or droppings present. - 2 on knife magnet in kitchen. - several in bar cabinet corrected on site
High priority/35A-23-4
Badges — none earned
★ Spotless◆ Clean streak● Perfect year✓ Never fined

Awarded on the inspection record alone. What they mean →

Disciplinary actions

3 cases · $1,400

CaseViolation dateFinal orderAmount
4--2023056006Jul 27, 2023Nov 2, 2023$800
4--2022022073Apr 27, 2022May 25, 2022$400
4--2019020057Mar 1, 2019May 2, 2019$200

Inspection history

10 visits, newest first

May 14, 2026Inspection Completed - No Further ActionRoutine Inspection

Met inspection standards. 15 violations recorded, none serious enough to require a return visit.

4 High priority3 Intermediate8 Basic
What the inspector wrote — 15 findings
Live, small flying insects found. 1 in the main bar 1 in the bounty bar
High priority/35A-02-7
Raw animal food stored over/not properly separated from ready-to-eat food. Walk in cooler raw seafood on a speed rack over ready to eat items
High priority/08A-05-6
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. - Raw beef 44F front Center drawers - chowder 49-50F, lettuce 46F overnight, bottom left salad cooler
High priority/03A-02-5
Time/temperature control for safety food reheated for hot holding not reaching 165 degrees Fahrenheit for 15 seconds within 2 hours. At approximately 2 hours: beef cheese 59F, Alfredo 98F.
High priority/03E-02-5
Show the remaining 11 findings ▾
Food-contact surface soiled with food debris, mold-like substance or slime. - Top back of ice bin outside the main bar - Veg dicer light buildup - Can opener light buildup
Intermediate/22-02-4
No proof provided that food employees are informed of their responsibility to report to the person in charge information about their health and activities related to foodborne illnesses. New employees with no proof of food handler training
Intermediate/11-26-1
Spray bottle containing toxic substance not labeled. In floor mat area. Operator discarded.
Intermediate/41-17-4/Corrected On-Site
Dead roaches on premises. 1 at the end of the cookline
Basic/35A-03-4
Deep grout lines with water pooling, cookline
Basic/36-11-4
Employee beverage container on a food preparation table or over/next to clean equipment/utensils. Open can of soda
Basic/12B-07-4/Corrected On-Site
Equipment and utensils not properly air-dried - wet nesting. Cups stacked
Basic/24-08-4
Food stored on floor. Syrup container in the bounty bar
Basic/08B-38-4/Corrected On-Site
Single-service articles improperly stored. Sleeves of cups on the floor in the blue bar
Basic/25-05-4/Corrected On-Site
Time/temperature control for safety food thawed in an improper manner. Room temp, raw fish
Basic/06-01-5/Corrected On-Site
Wiping cloth quaternary ammonium compound sanitizing solution not at proper minimum strength. 0
Basic/21-08-4
The state's own report →
Nov 10, 2025□ Call Back - CompliedRoutine Inspection

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

2 High priority1 Intermediate2 Basic
Show 5 findings ▾
Time/temperature control for safety food, other than whole meat roast, hot held at less than 135 degrees Fahrenheit. - au jus, 103F, hot holding less than 1 hour; corrective action taken: placed on flat grill to reheat
High priority/03B-01-6/Corrective Action Taken/Warning/Return visit Nov 10, 2025 · Au jus 110F Time Extended
Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb. Large outdoor area for washing mats
High priority/29-34-4/Warning/Return visit Nov 10, 2025 · Time Extended
Food manager certification expired. A list of accredited food manager certification examination providers can be found at https://www2.myfloridalicense.com/hotels-restaurants/food-lodging/food-manager/ Bianca 7/20
Intermediate/53A-03-7/Warning/Return visit Nov 10, 2025 · Time Extended
Ice buildup in reach-in freezer and/or walk-in freezer. Bounty bar freezer
Basic/14-69-4/Warning/Return visit Nov 10, 2025 · Time Extended
Storage of maintenance equipment/tools in areas that may result in cross contamination of food, equipment, utensils, linens and/or single-service and single-use articles. - power lawn tools stored over bag in box soda in storage room
Basic/42-03-5/Warning/Return visit Nov 10, 2025 · Time Extended
Nov 6, 2025Warning IssuedRoutine Inspection

Violations found and a warning issued, with a return visit required. 19 recorded, 9 high priority.

9 High priority2 Intermediate8 Basic
Show 19 findings ▾
Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. - crab chowder, 51-54F, cooling overnight
High priority/03D-02-5/Warning
Date marked combined ready-to-eat, time/temperature control for safety food not consumed/sold within 7 days of preparing/opening the earliest ready-to-eat time/temperature for safety ingredient. See stop sale. - street corn made 10/30; Caramelized onions, 10/20; cilantro sour cream, 10/22;
High priority/01B-28-5/Warning
Dishmachine chlorine sanitizer not at proper minimum strength. Discontinue use of dishmachine for sanitizing and set up manual sanitization until dishmachine is repaired and sanitizing properly. - glass washer in downstairs bar, 0ppm; chemical changed, primed, 50 ppm cl was reached.
High priority/22-41-4/Warning
Live, small flying insects found - 5-7 in bar under and in front of ice bin near large television set, close to entrance door
High priority/35A-02-7/Repeat Violation/Warning
Raw animal food stored over/not properly separated from ready-to-eat food. - raw burgers over hot dogs, inside walk in cooler; - raw burgers over sandwiches, outside walk in cooler;
High priority/08A-05-6/Corrected On-Site/Warning
Stop Sale issued on time/temperature control for safety food due to temperature abuse.
High priority/01B-02-5/Warning
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. - honey butter, 70F, left off temperature control undeterminable amount of time; see stop sale - portioned fish cubes, 46F, in lowboy less than 1 hour Corrective action taken: product iced - goat cheese, 44F; salad prep cooler less than 1 hour; corrective action taken: placed in metal container - slaw, 45F; salad prep cooler
High priority/03A-02-5/Corrective Action Taken/Warning
Time/temperature control for safety food, other than whole meat roast, hot held at less than 135 degrees Fahrenheit. - au jus, 103F, hot holding less than 1 hour; corrective action taken: placed on flat grill to reheat
High priority/03B-01-6/Corrective Action Taken/Warning
Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb. Large outdoor area for washing mats
High priority/29-34-4/Warning
Food being cooled by nonapproved method as evidenced by product not cooling to 41F within 6 hours. - crab chowder in covered, deep container placed in prep unit to cool overnight temped 51-54F
Intermediate/03D-15-4/Warning
Food manager certification expired. A list of accredited food manager certification examination providers can be found at https://www2.myfloridalicense.com/hotels-restaurants/food-lodging/food-manager/ Bianca 7/20
Intermediate/53A-03-7/Warning
Accumulation of mold-like substance in the interior of the ice chutes at ice shaving machine and margarita mixing dispenser
Basic/22-20-5/Warning
Bowl or other container with no handle used to dispense food. Cup with no handle used as scoop
Basic/14-01-5/Warning
Ceiling/ceiling tiles/vents soiled with accumulated food debris, grease, or dust. - vent at entrance to kitchen
Basic/36-34-5/Warning
Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. - employee sweatshirt stored on high shelf at cookline
Basic/40-06-5/Corrected On-Site/Warning
Floor soiled/has accumulation of debris. - front corner of bar under ice bin
Basic/36-73-4/Warning
Ice buildup in reach-in freezer and/or walk-in freezer. Bounty bar freezer
Basic/14-69-4/Warning
Storage of maintenance equipment/tools in areas that may result in cross contamination of food, equipment, utensils, linens and/or single-service and single-use articles. - power lawn tools stored over bag in box soda in storage room
Basic/42-03-5/Warning
Time/temperature control for safety food thawed in an improper manner. - chicken, pork belly thawing at room temperature, no running water
Basic/06-01-5/Warning
Aug 7, 2025□ Call Back - CompliedRoutine Inspection

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

1 High priority0 Intermediate1 Basic
Show 2 findings ▾
Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb. Mop sink area
High priority/29-34-4/Warning/Return visit Aug 7, 2025 · Time Extended
Ice buildup in reach-in freezer and/or walk-in freezer. Bounty bar reach in freezer with container of ice and bottles of liquor, heavy ice buildup
Basic/14-69-4/Repeat Violation/Warning/Return visit Aug 7, 2025 · Outside freezer Time Extended
Jun 3, 2025Administrative complaint recommendedRoutine Inspection

Referred for a formal case, which can lead to a fine. 17 violations recorded, 6 high priority.

6 High priority3 Intermediate8 Basic
Show 17 findings ▾
Live, small flying insects found 4 in the main by near the soda gun
High priority/35A-02-7/Repeat Violation/Warning
Stop Sale issued on time/temperature control for safety food due to temperature abuse.
High priority/01B-02-5/Repeat Violation/Warning
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. - Bottom left salad cooler potatoes 44-46F, chowder 46-47F. Stocked morning of inspection - bottom shelf of salad/dressing cooler overnight: tuna 50F, watermelon 41-49F, pork 46F, turkey 47F. See stop sale
High priority/03A-02-5/Repeat Violation/Warning
Time/temperature control for safety food reheated for hot holding not reaching 165 degrees Fahrenheit for 15 seconds within 2 hours. Queso 1/6 pan and 1/3 pan heated approximately 2 hours prior approximately 125F. Removed from steam table to return to steamer
High priority/03E-02-5/Corrective Action Taken/Warning
Toxic substance/chemical improperly stored. Murphy's oil soap over salt and bar related food items 2nd floor server area
High priority/41-10-4/Corrected On-Site/Warning
Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb. Mop sink area
High priority/29-34-4/Warning
Establishment advertised blue crab on menu/menu board but served another type of crab. Crab cakes on some menus. Other menus reprinted. Employees marked out the word blue on menus
Intermediate/52-03-4/Corrected On-Site/Repeat Violation/Admin Complaint
Food-contact surface soiled with food debris, mold-like substance or slime. - Interior pina colada chute main bar - lemon cutter
Intermediate/22-02-4/Warning
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/ Start of inspection
Intermediate/53A-05-6/Corrected On-Site/Warning
Accumulation of debris on exterior of warewashing machine. Top of machine
Basic/16-21-4/Warning
Clean equipment/dishware/utensils stored next to handwash/food preparation sink exposed to splash. Clean containers next to hand sink in dish area
Basic/24-27-4/Warning
Cleaned and sanitized equipment or utensils not properly stored. Chill sticks in the freezer directly on a shelf below non commercially packaged raw steak
Basic/24-07-4/Corrected On-Site/Warning
Employee personal food not properly identified and segregated from food to be served to the public. Wrapped employee sandwich on top of food containers in salad cooler
Basic/08B-49-4/Corrected On-Site/Warning
Equipment in poor repair. - Anti slip mat under cutting board torn, worn, visible mold like substance - rotted wood, residue/wood comes off to touch, corner of bar next to soda gun where flies are present
Basic/14-11-5/Warning
Ice buildup in reach-in freezer and/or walk-in freezer. Bounty bar reach in freezer with container of ice and bottles of liquor, heavy ice buildup
Basic/14-69-4/Repeat Violation/Warning
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Exterior blended beverage machine between dish area and main kitchen
Basic/23-03-4/Warning
Working containers of food removed from original container not identified by common name. Sugar in dry storage
Basic/02D-01-5/Corrected On-Site/Warning
Dec 13, 2024□ Call Back - CompliedRoutine Inspection

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

1 High priority3 Intermediate1 Basic
Show 5 findings ▾
Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 2 in the main bar
High priority/35A-02-6/Warning/Return visit Dec 13, 2024 · 3 downstairs, 3 bounty Time Extended
No paper towels or mechanical hand drying device provided at handwash sink. Main bar, both hand sinks Indigo bar
Intermediate/31B-02-4/Corrected On-Site/Warning/Return visit Dec 13, 2024 · Main bar area, south side Time Extended
No proof of required state approved employee training provided for employee hired more than 60 days ago. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Several employees
Intermediate/53B-02-5/Repeat Violation/Warning/Return visit Dec 13, 2024 · Time Extended
No proof provided that food employees are informed of their responsibility to report to the person in charge information about their health and activities related to foodborne illnesses. Employees with no food handler training
Intermediate/11-26-1/Repeat Violation/Warning/Return visit Dec 13, 2024 · Time Extended
Equipment and utensils not properly air-dried - wet nesting. Plastic cups
Basic/24-08-4/Repeat Violation/Warning/Return visit Dec 13, 2024 · Time Extended
Dec 12, 2024Warning IssuedRoutine Inspection

Violations found and a warning issued, with a return visit required. 19 recorded, 7 high priority.

7 High priority7 Intermediate5 Basic
Show 19 findings ▾
Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Clam chowder 48F cooling from previous day
High priority/03D-02-5/Warning
Dishmachine chlorine sanitizer not at proper minimum strength. Discontinue use of dishmachine for sanitizing and set up manual sanitization until dishmachine is repaired and sanitizing properly. Indigo bar 0 ppm cl Bounty and indigo bar. Corrected to 100 ppm cl
High priority/22-41-4/Corrected On-Site/Warning
Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 2 in the main bar
High priority/35A-02-6/Warning
Raw animal food stored over/not properly separated from ready-to-eat food. Seared tuna over turkey, expo cooler
High priority/08A-05-6/Corrected On-Site/Warning
Ready-to-eat, time/temperature control for safety food not consumed/sold within 7 days after opening/preparation. See stop sale. Potato balls 11/30
High priority/01B-24-5/Warning
Stop Sale issued on time/temperature control for safety food due to temperature abuse.
High priority/01B-02-5/Warning
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. - Beurre blanc 58F in a squeeze bottle. Employee returned to cooler and added a time mark - raw chicken 51F and 53F, wings 50F, fish 49F, shrimp 52F, flounder 50F, oysters 53F, clams 53F, fish of the day 53F, calamari 52F, conch 52f Cooler across from flattop overnight, see stop sale - improperly iced butter milk 48F
High priority/03A-02-5/Corrective Action Taken/Repeat Violation/Warning
Clams/mussels/oysters tag removed from original container prior to container being emptied. Clams in walk in cooler
Intermediate/01C-10-4/Corrected On-Site/Repeat Violation/Warning
Establishment advertised blue crab on menu/menu board but served blue swimming crab. Bounty bar menu, two menu items. Manager began crossing off the word BLUE
Intermediate/52-03-4/Corrective Action Taken/Warning
Food-contact surface soiled with food debris, mold-like substance or slime. Stained cutting boards Light buildup, can opener blade. Corrected on site Slicer blade guard
Intermediate/22-02-4/Corrected On-Site/Warning
No paper towels or mechanical hand drying device provided at handwash sink. Main bar, both hand sinks Indigo bar
Intermediate/31B-02-4/Corrected On-Site/Warning
No proof of required state approved employee training provided for employee hired more than 60 days ago. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. Several employees
Intermediate/53B-02-5/Repeat Violation/Warning
No proof provided that food employees are informed of their responsibility to report to the person in charge information about their health and activities related to foodborne illnesses. Employees with no food handler training
Intermediate/11-26-1/Repeat Violation/Warning
Ready-to-eat, time/temperature control for safety food prepared onsite and held more than 24 hours not properly date marked. Pasta dated 10/24.
Intermediate/02C-02-5/Corrected On-Site/Warning
Carbon dioxide/helium tanks not adequately secured. Outside between maintenance and beer cooler
Basic/51-11-4/Warning
Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. Sweater on bottom prep table shelf in baskets
Basic/40-06-5/Corrected On-Site/Warning
Equipment and utensils not properly air-dried - wet nesting. Plastic cups
Basic/24-08-4/Repeat Violation/Warning
Ice buildup in reach-in freezer and/or walk-in freezer. Bounty bar freezer next to hand sink
Basic/14-69-4/Warning
Wiping cloth quaternary ammonium compound sanitizing solution not at proper minimum strength. 0 ppm quaternary. Operator called for service of dispenser Corrected to 200 ppm quaternary
Basic/21-08-4/Corrected On-Site/Warning
Apr 22, 2024Inspection Completed - No Further ActionRoutine Inspection

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

3 High priority5 Intermediate6 Basic
Show 15 findings ▾
Fish held frozen and vacuum sealed in house - snow crab. No approved HACCP. Operator switched to ziplock bags
High priority/03G-04-5/Corrected On-Site
Ready-to-eat, time/temperature control for safety food not consumed/sold within 7 days after opening/preparation. See stop sale. Cooked peppers 4/14; truffle butter 4/10
High priority/01B-24-5/Repeat Violation
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. - spring mix and butter packets 59F advised to use time as a public health control. Operator time marked - pork bottom of salad cooler 42-45F
High priority/03A-02-5/Corrective Action Taken
Clams/mussels/oysters tag removed from original container prior to container being emptied. Oysters in walk in cooler. Operator discarded
Intermediate/01C-10-4/Corrective Action Taken
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/ Kristen
Intermediate/53A-03-7
Food-contact surface soiled with food debris, mold-like substance or slime. - Light buildup can opener blade; interior microwave in pantry - in the bar, soda gun and ice bin
Intermediate/22-02-4
No proof of required state approved employee training provided for employee hired more than 60 days ago. To order approved program food safety material, call DBPR contracted provider: Florida Restaurant and Lodging Association (SafeStaff) 866-372-7233. More than 6 people working at time of inspection
Intermediate/53B-02-5
No proof provided that food employees are informed of their responsibility to report to the person in charge information about their health and activities related to foodborne illnesses. Employees without food handler training
Intermediate/11-26-1/Repeat Violation
Employee beverage container on a food preparation table or over/next to clean equipment/utensils. Uncovered drink over clean utensils dish area
Basic/12B-07-4/Corrected On-Site
Equipment and utensils not properly air-dried - wet nesting. Plastic cups
Basic/24-08-4/Corrected On-Site
Equipment in poor repair. Door to ice machine in walk in cooler cracked and broken
Basic/14-11-5
No handwashing sign provided at a hand sink used by food employees. Kitchen
Basic/31B-04-4/Corrected On-Site
Single-service articles improperly stored. Cases on the floor in the maintenance shed, sawdust on surfaces
Basic/25-05-4/Corrected On-Site
Used save a days from previous day on cookline for use. Operator discarded.
Basic/25-32-4/Corrected On-Site
Portable fire extinguisher gauge in red zone. For reporting purposes only. Main bar. Replaced with new extinguisher
/45-02-4/Corrected On-Site
Nov 20, 2023Inspection Completed - No Further ActionRoutine Inspection

Met inspection standards. 13 violations recorded, none serious enough to require a return visit.

6 High priority4 Intermediate3 Basic
Show 13 findings ▾
Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Queso from previous day 51F in the middle, 43F at the edge, in covered 1/3 pan walk in cooler overnight
High priority/03D-02-5/Repeat Violation
Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 3 in the main bar
High priority/35A-02-6
Raw animal food stored over/not properly separated from ready-to-eat food. -Raw beef over cheese; seared tuna over sauces. Walk in cooler
High priority/08A-05-6/Corrected On-Site
Ready-to-eat, time/temperature control for safety food not consumed/sold within 7 days after opening/preparation. See stop sale. Garlic butter with old bay dated 11/9
High priority/01B-24-5/Repeat Violation
Roach excrement and/or droppings present. - 2 on knife magnet in kitchen. - several in bar cabinet corrected on site
High priority/35A-23-4
Stop Sale issued on time/temperature control for safety food due to temperature abuse.
High priority/01B-02-5/Repeat Violation
Food-contact surface soiled with food debris, mold-like substance or slime. - right side frozen drink dispenser chute
Intermediate/22-02-4/Corrective Action Taken
Menu does not identify which items contain raw or undercooked animal foods covered by the consumer advisory. Breakfast menu, 1 of the Benedict's not marked - the others marked with a red asterisk, which indicates fresh fruit can be substituted for potatoes. Operator had employee add stickers to identify properly
Intermediate/02B-01-5/Corrected On-Site
No proof provided that food employees are informed of their responsibility to report to the person in charge information about their health and activities related to foodborne illnesses. Employees with no food handler training
Intermediate/11-26-1
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. Brad, Melissa
Intermediate/53B-14-5/Repeat Violation
No handwashing sign provided at a hand sink used by food employees. - In kitchen - cookline and prep area - in main bar - women's restroom outside main kitchen
Basic/31B-04-4/Repeat Violation
Time/temperature control for safety food packaged using a reduced oxygen method without a HACCP plan not properly labeled with the production time and date. Raw chicken in walk in cooler
Basic/03G-53-1
Wiping cloth quaternary ammonium compound sanitizing solution not at proper minimum strength. 0 ppm quat. Corrected to 200 ppm quat
Basic/21-08-4/Corrected On-Site
Jul 27, 2023Call Back - Admin. complaint recommendedRoutine Inspection

Referred for a formal case, which can lead to a fine. 2 violations recorded.

0 High priority2 Intermediate0 Basic
Show 2 findings ▾
Establishment advertised blue crab on menu/menu board but served blue swimming crab.
Intermediate/52-03-4/Warning/Return visit May 30, 2023 · Time Extended/Return visit Jul 27, 2023 · fda seafood list shows blue crab as Callinectes sapidus Operator provided product blue swimming crab Portunus pelagicus Admin Complaint
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. 3 employees
Intermediate/53B-14-5/Warning/Return visit May 30, 2023 · Time Extended/Return visit Jul 27, 2023 · Time Extended

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.