Dave's On Silvernail, 1808 Silvernail Road, Pewaukee, WI 53072 - Restaurant inspection findings and violations



Business Info

Restaurant: Dave's On Silvernail
Address: 1808 Silvernail Road, Pewaukee, WI 53072
Phone: (262) 544-5501
Total inspections: 4
Last inspection: Feb 15, 2011
Score
(the higher the better)

100

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Inspection findings

Inspection Date

Inspection Score
(the higher the better)

  • Violation 42 C: 4-803.11 Storage of Soiled Linens.
  • Violation 51 Q: 8-301.11 Handwashing facilities.
Mar 26, 2009 97
  • Jeffrey and Mary Schmidt’s Food Managers Certifications have expired.
  • 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 41 A: 3-304.12 In-Use Utensils, Between-Use Storage.
Mar 12, 2010 95
  • **CDC Risk Factor Violation 14 I**: 4-701.10 Food-Contact Surfaces and Utensils.
  • Violation 35 L: 3-601.11 Standards of Identity.
  • Violation 41 A: 3-304.12 In-Use Utensils, Between-Use Storage.
  • Violation 47 A**: 4-601.11 Equipment, Nonfood-Contact Surfaces
Jan 27, 2011 90
No violation noted during this evaluation. Feb 15, 2011 100

Violation descriptions and comments

Mar 26, 2009

Violation 51 Q: 8-301.11 Handwashing facilities.
Paper towel dispenser at employee hand sink does not work Replace the battery.
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 42 C: 4-803.11 Storage of Soiled Linens.
Soiled linen is stored on the floor.
Soiled LINENS shall be kept in clean, nonabsorbent receptacles or clean, washable laundry
bags and stored and transported to prevent contamination of FOOD, clean EQUIPMENT, clean
UTENSILS, and SINGLE-SERVICE and SINGLE-USE ARTICLES.

The following temperatures were recorded at the time of inspection:
Pizza prep. refrigerator 36f.
Condiments refrigerator 38f.
3 True refrigerators located in the sales area 36f., 36f. & 37f.
Self-serve sandwich case 37f.
Walk-in freezer -11f.
Walk-in cooler 33f.
Pizza warmer 136f.
-Sanitizer E.S. is available for sanitizing equipment and utensils.
-Disposable gloves are available for handling of ready to eat foods.
-Ingredient information is available for the self-serve pastry.
-Food products in the walk-in cooler are date marked.

Mar 12, 2010

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.
Ingredient labels must be provided for the minestrone soups and homemade sandwiches.
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 38 D: 2-402.11 Effectiveness.
(A) Except as provided in ¶ (B), 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 41 A: 3-304.12 In-Use Utensils, Between-Use Storage.
An ice scoop is stored on top of the ice machine.
During pauses in FOOD PREPARATION or dispensing, FOOD PREPARATION and dispensing UTENSILS shall be stored:
(A) Except as specified under ¶ (B), in the FOOD with their handles above the top of the
FOOD and the container;
(B) In FOOD that is not POTENTIALLY HAZARDOUS with their handles above the top of the FOOD within containers or EQUIPMENT that can be closed,
such as bins of sugar, flour, or cinnamon;
(C) On a clean portion of the FOOD PREPARATION table or cooking EQUIPMENT only if the in-use UTENSIL and the FOOD-CONTACT surface of the FOOD
PREPARATION table or cooking EQUIPMENT are cleaned and SANITIZED at a frequency specified under §§ 4-602.11 and 4-702.11;
(D) In running water of sufficient velocity to flush particulates to the drain, if used with moist
FOOD such as ice cream or mashed potatoes;
(E) In a clean, protected location if the UTENSILS, such as ice scoops, are used only with a
FOOD that is not POTENTIALLY HAZARDOUS; or
(F) In a container of water if the water is maintained at a temperature of at least 135 degrees F and the container is cleaned at a frequency
specified under Subparagraph
4-602.11(D)(7).
Jeffrey and Mary Schmidt’s Food Managers Certifications have expired.
Each licensed regular restaurant and retail food processing facility conducting meal service activities in the state of Wisconsin must have at
least one manager or operator who is certified in food protection practices. (1) A new food establishment (regular restaurant or a retail food
processor) or a food establishment under going a change of operator after February 1, 2001 shall have a certified food manager within 90 days of
the initial day of operation or provide documentation that they are scheduled within three (3) months to take and pass an approved examination
as specified. (WI State Statutes Chapter 254.71, and section 12-201.11, HFS 196, Restaurants, Wisconsin Administrative Code). Certification
requires that the restaurant permit holder or manager pass one of four state approved exams which tests basic knowledge of food protection
practices. Prepackaged-off premise, temporary and "special organizations serving meals" restaurant operations and food establishments only
processing non-potentially hazardous food or not processing are exempt from this requirement. Certification involves a) taking and passing an
approved exam and b) applying for state certification. After the exam is taken and passed, the individual must apply for state certification by
submitting all of the following: Proof of passing one of the exams with an official written statement/document from the testing organization; a
check or money order for $10.00 made out to the Department of Health and Family Services; and a completed application. The "Food Manager's
Certificate" expires five years after the date of issue, and may be renewed if the certified manager successfully completes a recertification
training course. You may obtain information about courses and exams from the following organizations: Wisconsin Restaurant Association, 608-
270-9950; Tavern League of Wisconsin, 608-270-8591; Waukesha County Technical College (WCTC), 262-691-5254; Milwaukee Area Technical College,
414-297-7462; Gasser and Associates, 608-267-7189; Food Concepts, Inc., 608-831-5006; and Associated Management Services (NAI), 608-742-5054.

The following temperatures were recorded at the time of inspection:
Walk-in freezer -16f.
Walk-in cooler 35f.
Condiments refrigerator 35f.
Beef 187f.
Au jus 191f.
Pizza warmer 160f.
Self-serve sandwich case 34f.
Deli sandwich case 32f.
Pizza prep. refrigerator 40f.
-Sanitizer E.S. and Bleach are available for sanitizing equipment and utensils.
-Food products in the walk-in cooler are date marked.
-Ingredient information is available for the self-serve bakery.
-Disposable gloves are available for handling of ready to eat foods.

Jan 27, 2011

**CDC Risk Factor Violation 14 I**: 4-701.10 Food-Contact Surfaces and Utensils.
Sanitizing dispensing unit at 4-compartment sink does not work. Dispense the sanitizer manually until the unit gets repaired.
EQUIPMENT FOOD-CONTACT SURFACES and UTENSILS shall be SANITIZED.
Violation 35 L: 3-601.11 Standards of Identity.
8 lb. bags of ice have a “pure/fresh” claim on the bags. These claims can only be made if the water is going through reverse osmosis.
PACKAGED FOOD shall comply with standard of identity requirements in 21 CFR 131-169 and
9 CFR 319 Definitions and Standards of Identity or Composition, and the general requirements
in 21 CFR 130 Food Standards: General and 9 CFR 319, Subpart A General.
Violation 47 A**: 4-601.11 Equipment, Nonfood-Contact Surfaces
Microwave oven is soiled.
(C) NonFOOD-CONTACT SURFACES of EQUIPMENT shall be kept free of an accumulation of
dust, dirt, FOOD residue, and other debris.
Violation 41 A: 3-304.12 In-Use Utensils, Between-Use Storage.
Ice scoop is stored on top of the ice machine.
During pauses in FOOD PREPARATION or dispensing, FOOD PREPARATION and dispensing UTENSILS shall be stored:
(A) Except as specified under ¶ (B), in the FOOD with their handles above the top of the
FOOD and the container;
(B) In FOOD that is not POTENTIALLY HAZARDOUS with their handles above the top of the FOOD within containers or EQUIPMENT that can be closed,
such as bins of sugar, flour, or cinnamon;
(C) On a clean portion of the FOOD PREPARATION table or cooking EQUIPMENT only if the in-use UTENSIL and the FOOD-CONTACT surface of the FOOD
PREPARATION table or cooking EQUIPMENT are cleaned and SANITIZED at a frequency specified under §§ 4-602.11 and 4-702.11;
(D) In running water of sufficient velocity to flush particulates to the drain, if used with moist
FOOD such as ice cream or mashed potatoes;
(E) In a clean, protected location if the UTENSILS, such as ice scoops, are used only with a
FOOD that is not POTENTIALLY HAZARDOUS; or
(F) In a container of water if the water is maintained at a temperature of at least 135 degrees F and the container is cleaned at a frequency
specified under Subparagraph
4-602.11(D)(7).
A follow-up inspection concerning item 41 I will be made the week of 2-1-11.

The following temperatures were recorded at the time of inspection:
Pizza prep. refrigerator 38f.
Condiments refrigerator 34f.
Pizza warmer 156f.
Starbucks refrigerator 41f.
Walk-in freezer -7f.
Walk-in cooler 36f.
Self-serve sandwich refrigerator 38f.
-Sanitizer E.S. and Bleach are available for sanitizing equipment & utensils.
-Disposable gloves are used for handling ready to eat foods.
-Ingredient information is available for the self-serve bakery products.
Note: Mr. Schmidt had taken Food Manager’s recertification class on Jan. 11th, 2011. Fax/send us your updated certification.

Feb 15, 2011

This is a follow-up inspection concerning item #14 I.
-Sanitizing dispensing unit at utensil wash sink has been repaired.

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