Records show state forced 26 businesses this year to stop serving food

A previous version of this story had the incorrect address for the Waffle House, which is located on South DuPont Highway. The story has been updated. 

Acme Market, Brew HaHa! and La Tolteca are among the best-known food and drink names in Delaware.

What's not generally known because a public state database of inspections hasn't worked since May 2017 is that sites belonging to them were temporarily closed by the state health department this year due to what it called imminent health hazards.

Health inspectors found cookies and cakes being prepared near an overflowing sewage drain at Acme in Branmar Plaza.

Mouse droppings were seen throughout the Brew HaHa! coffeehouse also in Branmar.

And, among other things, large amounts of mouse droppings were discovered in the kitchen and on the lids of tortilla chip containers at La Tolteca in Fairfax Shopping Center.

Through July, the state has forced 26 businesses to close immediately or stop serving food until issues could be addressed, according to inspection reports requested by The News Journal. 

Fourteen Delaware businesses have been sent cease-and-desist letters and ordered to shut down immediately due to imminent health hazards.

Records show another 12 establishments and individuals in the past eight months were forced to immediately cease operations after inspectors found they failed to obtain legal food preparation permits.

The News Journal asked the Division of Public Health for all cease-and-desist letters it issued for food operations in 2017 and 2018 as well as health inspection reports for those establishments because the state has not been posting those records since May 2017. 

The health department's public database has not been updating correctly for more than a year, state officials say. A new database is being built, but that process has been slow. Officials believe the first part of the database will be completed this fall. The public should have access by the end of the year. 

Read restaurant inspection reports

Right now, the only way the public can view handwritten health inspections reports after May 2017 and through 2018 is by requesting them through the state’s Division of Health and Social Services or at a restaurant.

That makes it difficult for patrons to know about the dirt and grease build up that could be seen in refrigerators, saute pans and food containers, among other places, in February at Star of India near Prices Corner. It reopened five days later.

Or that Neighborhood Deli & Grocery in Wilmington, cited twice in a two-month period in 2018 for selling prepared food without a permit, smelled like "rodent urine," an inspector wrote. 

It also had rat droppings and was offering prepackaged food items with alleged rodent chew marks, according to a report.

“We cleaned everything and changed the floor. We ain’t selling no food. We do everything they said we had to do," said Talal Alzamzami as he stood behind the counter of the shop on Tuesday morning. He said his brother Mooad Alzamzami, who was out of town, owns the Neighborhood Deli & Grocery. "We try to make everything nice,” said Talal, adding the business no longer sells coffee or water ice.

2018 food inspection data not available as state seeks to replace database

17 Delaware businesses forced to stop food service in 2017

The health department oversees the inspections of 4,000 food establishments throughout the state. 

After reviewing inspection reports, The News Journal found the number of food operations ordered closed so far this year is nine more than in all of 2017, when the state ordered 17 businesses to close or stop serving food. Most opened again quickly or stopped serving food.

Jamie Mack, who oversees Delaware's food establishment inspections, said health officials make every effort to assist food establishments since Delaware is a "business-friendly state." 

"While I’m going to do what I need to be protective of the public, I’m always going to try to work with them," said Mack, chief of Health Systems Protections. 

Earlier this summer, the state ordered a Brandywine Hundred  Burger King and Smyrna Waffle House to cease operations immediately because of "gross, unsanitary conditions,” which included rodent droppings in the kitchens.

The public was only made aware of the conditions at the restaurants after a video of rats scurrying over burger buns went viral, sparking posts on Facebook and inquiries by The News Journal.

The restaurants reopened soon after kitchens were cleaned and inspected again by the health department.

While the state routinely inspects restaurants, its 20 inspection officers also visit food establishments if complaints have been filed. Fourteen, or more than half, of the 2018 cease-and-desist orders stemmed from complaints, The News Journal found.

On July 20, the Brew HaHa! at 1812 Marsh Road was ordered closed for "gross, unsanitary conditions" after a health inspector, visiting due to a complaint, observed "severe mouse droppings throughout the entire food establishment."

Mouse droppings were found in a dry storage area, food preparation areas and on countertops. Dead roaches were seen on a front counter and near a back exit door, according to reports.

Alisa Morkides, owner of the Brew HaHa! chain, said she was "appalled and blindsided" by the health inspection findings.

"I had no idea," she said, adding the coffeehouse, in the Branmar Shopping Center since 1995, had always passed inspections before.

Morkides said a professional cleaning service was called in to give the coffeehouse a thorough scrubbing.

"We took the opportunity to declutter and get rid of everything," she said. The business was allowed to reopen July 23.

Morkides said since the closing, stringent cleaning procedures have been put in place at all nine Brew HaHa! locations in New Castle County.

"We've deep-cleaned all the stores. I don't want to be blindsided ever again. We're being proactive."

Morkides said the motto of her business is now: "Cleanliness is next to godliness."

Story continues after map.

Sandi Spiegel, a health program coordinator who inspects food establishments, said the state's cease-and-desists can be a way of helping operators. Businesses often "don't have the time to shut it down and get it back under control." 

"Sometimes when we reopen the place, they’re the best version of themselves," she said. 

Delaware's Division of Public Health Office of Food Protection conducts routine inspections of food establishments several times a year, depending on the operations’ risk category. Most restaurants are considered to be “medium risk” and are inspected every six months.

When the state temporarily closes a food establishment, it typically places a bright orange sign that reads "Closed by the order of the health department."

"If a restaurant voluntarily closes, we may not put a sign up," Mack said. "Because they have already taken that action and we recognize that level of responsibility that they’re taking, so we’ll kind of work with them and give them the benefit of the doubt."

See something, say something

If you see something at a restaurant or food establishment that appears to be less than appetizing, you can call the Division of Public Health's hotline to file a complaint. An inspector will then make an unannounced visit to the business, though there is a chance the inspector can't find evidence to verify the complaint. Officials say they often identify other issues.

The number during business hours is 302-744-4736, the number for weeknights and weekends is 302-744-4700.

Closed in 2018

Restaurants or food establishments ordered closed in 2018 include:

• The deli/bakery area at Acme Market at 1812 Marsh Road in Brandywine Hundred on March 20 received a cease-and-desist order for all food establishment activities because a sewage drain was backed up in food preparation areas.

Reports show that following a complaint, inspectors came to the Acme and were told a floor drain in the deli/bakery area was overflowing with live sewage. Acme employees were told not to use the plumbing in the area, but to wash hands using buckets in sinks, according to a report.

Inspectors wrote that they saw sandwiches, cakes and cookies being prepared and deli meats being sliced in close proximity to the live sewage. An inspector ordered the area closed immediately and all food items in the area of the live sewage be discarded.

Reports show the deli/bakery was allowed to reopen two days later after the plumbing issue resolved and the kitchen area and all equipment had been cleaned and sanitized.

Dana Ward, Acme's senior communications coordinator, said "Acme takes the safety of our customers and associates seriously and adheres to strict Food and Safety policies." 

She added: "Acme immediately took prompt corrective action at our Marsh Road store along with other steps to make sure no future issue would occur. Our corrective action included the Deli and Bakery departments being shut down, all drains flushed and completely cleaned, and both departments sanitized in their entirety before being reopened to the public."

• Casoli's Carvel Cafe at 820 N. French St. in Wilmington’s Carvel State Office Building was closed Feb. 23 after health inspectors, visiting due to a complaint, saw "rodent droppings throughout [the] kitchen area."

State agencies housed at the Carvel Building include Gov. John Carney's office, the Attorney General's Office and the Department of Elections. A manager told a health inspector Feb. 23 that it was his final day operating the kitchen facility.

The cafe is closed. 

• Star of India, at 1710 Newport Gap Pike near Prices Corner, voluntarily agreed to close Feb. 27 due to "gross, unsanitary conditions in the kitchen area." After receiving a complaint, a health inspector came to the restaurant and found "an extremely unsanitary kitchen."

Dirt, grease and food debris was building up on the floor, walls, ceilings, tables, inside the refrigerators, saute pans, food containers, shelving and under all equipment.

The eatery was allowed to reopen on March 3 after the health department came back and saw that bathrooms, cooking equipment, refrigerators, floors, walls and ceilings had all been cleaned and sanitized.

An employee who answered the phone Aug. 17 said the issue was resolved months ago. A message left for the owner was not returned.

• La Tolteca at 2209 Concord Pike in Fairfax Shopping Center was visited on July 12 because of a complaint and “gross, unsanitary conditions” were identified due to pest infestation.

A health inspector saw small and large roaches under a tea brewer table, on walls, the floor, under the stove, behind the refrigerator, at the back door and in a dry storage area. 

Mouse droppings were found in the kitchen, dry storage area, server area and on the lids of tortilla chip containers. Frozen tilapia was thawing on a chip container.

La Tolteca permanently closed the location July 19 and moved to a new site at 4147 Concord Pike. Facebook posts in July made no mention of the health department closing.

“As you all know moving is a lot of effort! Due to some procedures we've had to close our doors today earlier than expected in order to expedite the opening of our new location. We apologize for any inconvenience and look forward to making it up to you at our grand opening,” read a post. 

Jose Lopez, a member of one of the two families who own La Tolteca, said the health inspector findings at the Fairfax location left restaurant owners "completely stunned and let down. We were not meeting our standards. We definitely dropped the ball." 

Lopez said the restaurant has implemented new methods to ensure cleanliness.

"We're trying to get back to our standards as before. Actually, we're really trying to supersede them," he said.

• La Tonalteca at 24 S. DuPont Highway in Dover was shut May 31 for "gross, unsanitary conditions" that included roach infestation and pest harboring conditions.

After receiving two complaints about the Kent County restaurant, a health inspector saw live roaches throughout the bar and kitchen. The restaurant reopened later.

Messages left for the owner were not returned. A man who answered the phone at the restaurant Aug. 20 said the owner was out of the country.

•No. 1 China restaurant at 1531 Maryland Ave. in Wilmington voluntarily agreed to close on April 3 due to rodent droppings and “gross, unsanitary” conditions “throughout kitchen area.” A toothbrush and toothpaste also were found in the refrigerator.

The owner did not return messages asking for comment.

• WaffleHouse  at 4003 S. DuPont Highway in Dover was closed on May 18 because of "gross, unsanitary conditions" including roach infestation and a water/electrical fire hazard under an ice machine and soda fountain.

A health inspector, following up on a complaint, said mold was found on a walk-in refrigerator and the eatery had “an active roach problem.”

Waffle House spokesman Pat Warner said in a statement that the "local management team quickly corrected all issues and received positive inspection from the division of public health on June 20. In addition, they have worked with our corporate food safety team on measures to ensure all of our protocols are in place."

• 7-Eleven at 654 N. DuPont Highway in Dover was ordered closed on June 18 after a car crashed into the front of the building and exposed food and equipment to contamination. No food preparation was allowed until the front door was completely repaired from the accident. It did reopen.

Requests for comments to 7-Eleven's corporate media relations team were not answered.

• Three J Food Market at 1200 Maryland Ave. in Wilmington's Browntown neighborhood, now known as Bacalao Super Market II, was visited because of a complaint. It shut down April 17 for “gross, unsanitary conditions” that included rodent infestation and trash accumulation. The store had once been the site of the city landmark Johnny's Market.

Store owner Wilfrido Fernandez said he took over the business in May. "I took care of everything," he said. According to an inspection report, the store is not serving prepared food and only sells sliced deli meat.

• Lopez Bakery at 1805 W. Fourth St. in Wilmington was closed on April 13 after a routine inspection found imminent health hazards due to refrigeration units that could not hold proper temperatures. New refrigeration was installed and the bakery was allowed to reopen April 16. 

Owner Efraim Lopez said his refrigerator was not working properly during an inspection on April 13, a Friday. When he told the inspector he would buy two new refrigerators and have them installed, she gave him less than an hour to do it. When the refrigerators did not arrive within that time, the bakery was ordered shut. The refrigerators did arrive that day, but the inspector didn’t return until Monday.

Mack said there's a limited time a facility can operate without a repair to refrigerators or food being put in a working unit. Because it's hard to know how long a machine has not been working, an inspector will use their judgment about how long a replacement should take.

The food inspectors try to re-inspect as quickly as possible, "but we must balance the needs of one facility with those of other facilities already scheduled for inspections, as well as priorities that staff face on a day-to-day basis," he said. 

Inspectors typically don't work weekends, but will do so in emergency situations or for serious complaints, he said. 

• Mar y Tierra Restaurant and Bar, also called San Marcos, at 3602 Kirkwood Highway near Elsmere received damage due to a March 25 fire in the ceiling above the kitchen. Due to an imminent health hazard, the restaurant was ordered closed March 26 and all food items and containers discarded.

The restaurant is empty now, and the owner could not be reached for comment. 

Permits needed to serve food

So far this year, 12 businesses and individuals visited by state health inspectors were told to stop selling food because of failure to obtain a proper permit:

 •201 Concord Food Mart at 201 N. Concord Ave. in Wilmington. Following a complaint, health inspectors, along with city of Wilmington building inspectors, visited the store in February and found an operator selling water ice and coffee.

“Entire establishment is infested with mice and roaches,” reads a report. An inspector also noted that a mouse trap under equipment “was full of mice” and the store had “severe active roaches.”

The operator was told to stop selling water ice and coffee and the business was closed immediately for “gross, unsanitary conditions.”

Owner Mohammed Awadllah said he no longer sells coffee and water ice, only prepackaged food. An exterminator comes to the business every month, he said. Awadllah plans to apply for a permit. 

• A health inspector in June told a Laurel woman to stop preparing and selling crock pot meals from her home for public consumption.

• During a routine pool inspection on July 11 at  Crestmoor Pool at 640 W. Summit Ave. near Newport, a health inspector saw the facility was selling hot dogs, popcorn and chicken nuggets even though it was only permitted to sell packaged food. They were told to stop selling the cooked food immediately. 

Manager Chuck Cosner said the pool has not sold cooked food since the inspector came in July. 

• A Rita’s Water Ice Mobile Unit in Millsboro was ordered to shut down in July for not having a valid permit. Company spokesman Lauren Bland said the franchisee is "taking the necessary steps to obtain a valid permit and this will most likely be a temporary closing."

• In March, a mosque in Wilmington was told it could not fire up its smokers and grills and sell food to the public in its parking lot because it did not have a license. A message left at the mosque was not returned. 

• Also in March, health inspectors say Tri-State Sports at 333 Naamans Road in Claymont was apparently cooking sausages and hot dogs on a grill and selling water ice even though its temporary food establishment permit expired in 2010. An interim food establishment permit was issued and expired July 31. The owner could not be reached for comment. 

The News Journal reporter Esteban Parra contributed to this report.

Contact Meredith Newman at (302) 324-2386 or mnewman@delawareonline.com and on Twitter @MereNewman. Contact Patricia Talorico at (302) 324-2861 or ptalorico@delawareonline.com and on Twitter @pattytalorico

What do health inspectors look for?

When a food inspector makes an unannounced visit to a food establishment, they come with a thermometer and a flashlight in hand.

Depending on the business and the size of its kitchen, an inspector could spend 30 minutes to the entire day in a food establishment. Health officials said food inspectors often spend about 90 minutes at restaurants. 

Here's what inspectors look for:

• Unsafe food sources
• Inadequate cooking, specifically if food is not cooked at the proper temperature
• Improper holding, such as food not being hot or cold enough before it's served
• Contaminated equipment
• Poor personal hygiene, such as employees not washing their hands