OYSTER HOUSE / BENDER'S
1414 S ATLANTIC AVE, New Smyrna Beach FL 32169 · 386-490-0538
Last inspected Feb 9, 2026 · 11 visits since September 2023
FEB 24
SEP 24
JAN 25
SEP 25
FEB 26
≈ ERRATIC
5 inspections, swinging between A and F. Consistency is the problem here, not any single visit.
Live, small flying insects found - upstairs bar, 4 around keg cooler, 3 around soda gun
★ Spotless◆ Clean streak● Perfect year✓ Never fined
Awarded on the inspection record alone. What they mean →
Disciplinary actions
1 case · $200
| Case | Violation date | Final order | Amount |
|---|---|---|---|
| 4--2023026860 | Mar 14, 2023 | Jun 28, 2023 | $200 |
Inspection history
11 visits, newest first
Feb 9, 2026Inspection Completed - No Further ActionLicensing Inspection
Met inspection standards. 3 violations recorded, none serious enough to require a return visit.
0 High priority2 Intermediate1 Basic
What the inspector wrote — 3 findings
Food-contact surface soiled with food debris, mold-like substance or slime. Interior ice machine chute Interior soda nozzles
No chemical test kit provided when using sanitizer at three-compartment sink/warewashing machine or wiping cloths.
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Fan covers walk in cooler
Sep 17, 2025□ Call Back - CompliedRoutine Inspection
A return visit. The problems from the previous inspection had been dealt with.
0 High priority0 Intermediate4 Basic
Show 4 findings ▾
Accumulation of black/green mold-like substance in the interior of the ice machine/bin. Heavy slime upstairs ice machine
Floor soiled/has accumulation of debris. Upstairs bar
Floor tiles missing and/or in disrepair. Several missing
Old labels stuck to food containers after cleaning.
Sep 16, 2025Call Back - Admin. complaint recommendedRoutine Inspection
Referred for a formal case, which can lead to a fine. 6 violations recorded.
0 High priority1 Intermediate5 Basic
Show 6 findings ▾
Food being cooled by nonapproved method as evidenced by inadequate rate of cooling during time of inspection. At 1:54, cooling: pork 130-154F, At 3:20, pork 101-135F
Accumulation of black/green mold-like substance in the interior of the ice machine/bin. Heavy slime upstairs ice machine
Floor soiled/has accumulation of debris. Upstairs bar
Floor tiles missing and/or in disrepair. Several missing
Old labels stuck to food containers after cleaning.
Unwashed fruits/vegetables stored with ready-to-eat food. Cases over rice, cooked veggies, walk in cooler
Sep 12, 2025Warning IssuedRoutine Inspection
Violations found and a warning issued, with a return visit required. 18 recorded, 4 high priority.
4 High priority4 Intermediate10 Basic
Show 18 findings ▾
Live, small flying insects found - upstairs bar, 4 around keg cooler, 3 around soda gun
Nonfood-grade bags used in direct contact with food. Shredded cheese
Raw animal food stored over/not properly separated from ready-to-eat food. - Raw fish over flautas - raw sausage cut veggies
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Raw fish 45F, raw chicken 45F, cooked vegetables 46F, flauta 44F. Right cookline cooler
Food being cooled by nonapproved method as evidenced by inadequate rate of cooling during time of inspection. At 1:54, cooling: pork 130-154F, At 3:20, pork 101-135F
Food-contact surface soiled with food debris, mold-like substance or slime. Veg dicer Can opener Soda gun upstairs bar
Handwash sink used for purposes other than handwashing. Used as dump sink
Raw/undercooked animal food offered and establishment has no written consumer advisory. Raw animal foods must be fully cooked prior to service.
Accumulation of black/green mold-like substance in the interior of the ice machine/bin. Heavy slime upstairs ice machine
Employee beverage container on a food preparation table or over/next to clean equipment/utensils.
Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. Cell phone on reach in cooler
Floor soiled/has accumulation of debris. Upstairs bar
Floor tiles missing and/or in disrepair. Several missing
Food stored under dripping water. Uncovered/partially covered containers of marinade and queso/oil in double cooler under dripping condensation
No handwashing sign provided at a hand sink used by food employees. Downstairs restroom Downstairs bar
Old labels stuck to food containers after cleaning.
Raw fruits/vegetables not washed prior to preparation. Peppers
Unwashed fruits/vegetables stored with ready-to-eat food. Cases over rice, cooked veggies, walk in cooler
Jan 30, 2025Inspection Completed - No Further ActionRoutine Inspection
Met inspection standards. 16 violations recorded, none serious enough to require a return visit.
2 High priority6 Intermediate8 Basic
Show 16 findings ▾
Ready-to-eat, time/temperature control for safety food not consumed/sold within 7 days after opening/preparation. See stop sale. Shredded lettuce 17 Soup 21 Enchilada sauce 23
Wiping cloth sanitizer solution exceeds the maximum concentration allowed. Greater than 200 ppm cl Corrected to 100 ppm cl
Food-contact surface soiled with food debris, mold-like substance or slime. Frozen drink dispensing nozzle Slime dripping inside ice machine
Handwash sink not accessible for employee use at all times. In prep area, completely blocked by can and prep table
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. Teresa and another employee
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. A couple of current employees
No soap provided at handwash sink. Upstairs bar
Ready-to-eat, time/temperature control for safety food opened/prepared, frozen and then thawed and held at refrigeration temperature not properly date marked. Chorizo, tamales
Cardboard used to line nonfood-contact shelves. Dish area bottom shelf
Dead roaches on premises. 1 on the floor under dish machine 1 on the floor in the upstairs restroom
Employee beverage container on a food preparation table or over/next to clean equipment/utensils.next to cookline
Floor area(s) covered with standing water. Behind upstairs soda machine and prep table
Floor soiled/has accumulation of debris. - Downstairs bar next to bag in the box soda - upstairs dry storage
No handwashing sign provided at a hand sink used by food employees. Cookline, downstairs restrooms
Ripped/worn tin foil used as shelf cover. Bottom shelves
Standing water in bottom of reach-in-cooler. Right cookline
Sep 17, 2024□ Call Back - CompliedRoutine Inspection
A return visit. The problems from the previous inspection had been dealt with.
0 High priority0 Intermediate1 Basic
Show 1 finding ▾
Ceiling/ceiling tile shows evidence of water damage. Hallway outside of restrooms upstairs
Sep 13, 2024Warning IssuedRoutine Inspection
Violations found and a warning issued, with a return visit required. 13 recorded, 4 high priority.
4 High priority4 Intermediate5 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. Rice 44F cooling from previous day
Ready-to-eat, time/temperature control for safety food not consumed/sold within 7 days after opening/preparation. See stop sale. Soup 9/3
Stop Sale issued on time/temperature control for safety food due to temperature abuse.
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Bottom of cookline cooler across from grill overnight: cheese sauce 50F, tortilla soup 47F, sour cream 45-48F, beef broth 48F. On top, shredded cheese 43-45F. See stop sale
Food-contact surface soiled with food debris, mold-like substance or slime. Soda gun nozzles upstairs corrected on site. Heavy buildup in ice machine
Handwash sink not accessible for employee use at all times. Hand sink blocked in prep area.. Operator moved large chip containers no fryer baskets
Handwash sink used for purposes other than handwashing. Used to fill containers and rinse lid,
Spray bottle containing toxic substance not labeled. Degreaser
Ceiling/ceiling tile shows evidence of water damage. Hallway outside of restrooms upstairs
Food stored on floor. Case of wraps under shelving
No handwashing sign provided at a hand sink used by food employees. Main cookline sink
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Cookline plate shelving
Stored food not covered. Horchata
Feb 6, 2024□ Call Back - CompliedRoutine Inspection
A return visit. The problems from the previous inspection had been dealt with.
0 High priority2 Intermediate1 Basic
Show 3 findings ▾
Manager or person in charge lacking proof of food manager certification. Carlos Debbie
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. Kylie and Marley
Equipment and utensils not properly air-dried - wet nesting. Plastic conta
Feb 5, 2024Warning IssuedRoutine Inspection
Violations found and a warning issued, with a return visit required. 21 recorded, 9 high priority.
9 High priority5 Intermediate7 Basic
Show 21 findings ▾
Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Rice 45F in walk in cooler overnight
Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 2 upstairs bar 5 downstairs bar
Raw animal food stored over or with unwashed produce. Shell eggs over produce, walk in cooler
Raw animal foods not properly separated from each other in holding unit based upon minimum required cooking temperature. Chicken over beef
Ready-to-eat, time/temperature control for safety food not consumed/sold within 7 days after opening/preparation. See stop sale. Gumbo 1/27
Stop Sale issued on time/temperature control for safety food due to temperature abuse.
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Overnight bottom cookline cooler shredded cheese 49F, cheese 45F, empanada 44F
Time/temperature control for safety food removed from cold holding for necessary preparation rose above 41 degrees Fahrenheit during the preparation process and was not cooled back down to 41 degrees Fahrenheit within 4 hours. Enchilada sauce 47F in the middle ambient cooling after prep previous day - not heated per operator
Wiping cloth sanitizer solution exceeds the maximum concentration allowed. Greater than 200 pm cl
Food-contact surface soiled with food debris, mold-like substance or slime. Soda gun upstairs bar
Handwash sink used for purposes other than handwashing. - Upstairs, used to rinse coffee filter holder - downstairs, used as a dump sink
Manager or person in charge lacking proof of food manager certification. Carlos Debbie
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. Kylie and Marley
Spray bottle containing toxic substance not labeled. Downstairs
Accumulation of debris on exterior of warewashing machine. Top of machine
Employee beverage container on a food preparation table or over/next to clean equipment/utensils. Several on cookline prep table
Equipment and utensils not properly air-dried - wet nesting. Plastic conta
In-use knife/knives stored in cracks between pieces of equipment.
In-use tongs stored on equipment door handle between uses.
No handwashing sign provided at a hand sink used by food employees. - Cookline - downstairs bathroom - downstairs bar
Working containers of food removed from original container not identified by common name.sugar
Sep 19, 2023□ Call Back - CompliedRoutine Inspection
A return visit. The problems from the previous inspection had been dealt with.
1 High priority1 Intermediate1 Basic
Show 3 findings ▾
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Cooked pork 45F, salsa 44F, bottom cookline cooler
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/ Carlos
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Black residue around ice cream mix dispenser, downstairs bar
Sep 13, 2023Warning IssuedRoutine Inspection
Violations found and a warning issued, with a return visit required. 15 recorded, 3 high priority.
3 High priority5 Intermediate7 Basic
Show 15 findings ▾
Employee handled cell phone and then engaged in food preparation, handled clean equipment or utensils, or touched unwrapped single-service items without washing hands. Cook handled cell phone and then continued frying chips without changing gloves and washing hands. Manager discussed with employee
Ready-to-eat, time/temperature control for safety food not consumed/sold within 7 days after opening/preparation. See stop sale. Wings 9/6 poblano 9/7 ranchero 9/5, cut lettuce. 9/5
Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Cooked pork 45F, salsa 44F, bottom cookline cooler
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.
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/ Carlos
Food-contact surface soiled with food debris, mold-like substance or slime. - Interior ice machine upstairs - soda nozzle on south side of upstairs bar
Handwash sink not accessible for employee use at all times. In prep area, completely inaccessible due to prep table and storage containers
Handwash sink removed from food preparation/dishwashing area. Must be reinstalled in the same location where removed. Downstairs bar
Carbon dioxide/helium tanks not adequately secured. Downstairs bar
Employee beverage container on a food preparation table or over/next to clean equipment/utensils.
Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. Cell phone on reach in cooler
Floor soiled/has accumulation of debris. Downstairs bar, broken glass bar, three compartment sink, liquor well, and on floor
Hood filter missing from automatic fire suppression/exhaust system. Removed to clean per manager
No handwashing sign provided at a hand sink used by food employees. Cookline Prep area
Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Black residue around ice cream mix dispenser, downstairs bar
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.