MERK'S BAR & GRILL

193 North Causeway
New Smyrna Beach, Florida, 32169
Bouchelle Island
Volusia County County

Overall Food Safety Rating

★½☆☆☆ (1.6/5)
Based on 9 health inspection reports

All Inspection Reports

Inspection Date: 2/12/2025

Inspection #: Visit ID: 10775865

  • 16-23-4:Basic - - From initial inspection : Basic - Accumulation of lime scale on the inside of the dishmachine. Warning - From follow-up inspection 2025-02-10: **Time Extended** - From follow-up inspection 2025-02-12: **Time Extended**
  • 24-08-4:Basic - - From initial inspection : Basic - Equipment and utensils not properly air-dried - wet nesting. Plastic cups Warning - From follow-up inspection 2025-02-10: **Time Extended** - From follow-up inspection 2025-02-12: **Time Extended**
  • 23-03-4:Basic - - From initial inspection : Basic - Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Bottom prep table dish area Fan behind steamer Broken glass in deck cooler in the deck bar Interior bar cooler Warning - From follow-up inspection 2025-02-10: **Time Extended** - From follow-up inspection 2025-02-12: **Time Extended**
  • 33-34-4:Basic - - From initial inspection : Basic - Storage area not maintained clean and organized. Back fenced area - fryers filled with water and grease with grease on the ground, other unused items in the area Warning - From follow-up inspection 2025-02-10: Unused items in the area, grease on the ground, fryers covered with tarp. **Time Extended** - From follow-up inspection 2025-02-12: **Time Extended**
  • 36-27-5:Basic - - From initial inspection : Basic - Wall soiled with accumulated black substance, grease, food debris, and/or dust. Dish area, three compartment sink, behind ovens Warning - From follow-up inspection 2025-02-10: Wall behind dish area and three compartment sink cleaned, behind oven soiled, wall behind oven in disrepair. **Time Extended** **Corrective Action Taken** - From follow-up inspection 2025-02-12: **Time Extended**
  • 53A-01-7:Intermediate - - From initial inspection : Intermediate - Manager or person in charge lacking proof of food manager certification. Jack Jessica Warning - From follow-up inspection 2025-02-10: Jessica **Time Extended** - From follow-up inspection 2025-02-12: **Time Extended**

Inspection Date: 2/10/2025

Inspection #: Visit ID: 10774973

  • 16-23-4:Basic - - From initial inspection : Basic - Accumulation of lime scale on the inside of the dishmachine. Warning - From follow-up inspection 2025-02-10: **Time Extended**
  • 24-08-4:Basic - - From initial inspection : Basic - Equipment and utensils not properly air-dried - wet nesting. Plastic cups Warning - From follow-up inspection 2025-02-10: **Time Extended**
  • 23-03-4:Basic - - From initial inspection : Basic - Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Bottom prep table dish area Fan behind steamer Broken glass in deck cooler in the deck bar Interior bar cooler Warning - From follow-up inspection 2025-02-10: **Time Extended**
  • 33-34-4:Basic - - From initial inspection : Basic - Storage area not maintained clean and organized. Back fenced area - fryers filled with water and grease with grease on the ground, other unused items in the area Warning - From follow-up inspection 2025-02-10: Unused items in the area, grease on the ground, fryers covered with tarp. **Time Extended**
  • 36-27-5:Basic - - From initial inspection : Basic - Wall soiled with accumulated black substance, grease, food debris, and/or dust. Dish area, three compartment sink, behind ovens Warning - From follow-up inspection 2025-02-10: Wall behind dish area and three compartment sink cleaned, behind oven soiled, wall behind oven in disrepair. **Time Extended** **Corrective Action Taken**
  • 01D-01-5:High Priority - - From initial inspection : High Priority - Nonexempt fish offered raw or undercooked has not undergone proper parasite destruction. Fish must be fully cooked or discarded. Ahi tuna, no species listed Warning - From follow-up inspection 2025-02-10: **Time Extended**
  • 53A-01-7:Intermediate - - From initial inspection : Intermediate - Manager or person in charge lacking proof of food manager certification. Jack Jessica Warning - From follow-up inspection 2025-02-10: Jessica **Time Extended**

Inspection Date: 2/7/2025

Inspection #: Visit ID: 8867439

  • 16-23-4:Basic - Accumulation of lime scale on the inside of the dishmachine. Warning
  • 12B-07-4:Basic - Employee beverage container on a food preparation table or over/next to clean equipment/utensils. Cookline Warning
  • 08B-49-4:Basic - Employee personal food not properly identified and segregated from food to be served to the public. Indoor bar cooler Warning
  • 13-07-4:Basic - Employee wearing jewelry other than a plain ring on their hands/arms while preparing food. Watches Warning
  • 24-08-4:Basic - Equipment and utensils not properly air-dried - wet nesting. Plastic cups Warning
  • 08B-38-4:Basic - Food stored on floor. - Oil under handsink - bag in the box soda next to deck waitstation Corrected On-Site Warning
  • 33-19-4:Basic - Garbage on the ground and/or pad around dumpster. Warning
  • 23-03-4:Basic - Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Bottom prep table dish area Fan behind steamer Broken glass in deck cooler in the deck bar Interior bar cooler Warning
  • 08B-39-4:Basic - Raw fruits/vegetables not washed prior to preparation. Employees sitting in the dining room pulling lemons and limes from whole cardboard cases and cutting. Advised to rinse prior to cutting if not already doing so and not to return washed produce to cardboard storage Warning
  • 25-05-4:Basic - Single-service articles improperly stored. Open case of cups stored outside in fenced area. Warning
  • 33-34-4:Basic - Storage area not maintained clean and organized. Back fenced area - fryers filled with water and grease with grease on the ground, other unused items in the area Warning
  • 36-27-5:Basic - Wall soiled with accumulated black substance, grease, food debris, and/or dust. Dish area, three compartment sink, behind ovens Warning
  • 21-08-4:Basic - Wiping cloth quaternary ammonium compound sanitizing solution not at proper minimum strength. 50-100 ppm quat per operator strips Warning
  • 22-41-4:High Priority - 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. 0 ppm cl Warning
  • 01D-01-5:High Priority - Nonexempt fish offered raw or undercooked has not undergone proper parasite destruction. Fish must be fully cooked or discarded. Ahi tuna, no species listed Warning
  • 03E-02-5:High Priority - Time/temperature control for safety food reheated for hot holding not reaching 165 degrees Fahrenheit for 15 seconds within 2 hours. In steam table chicken soup 145F, Alfredo/cream sauce 133-144F Warning
  • 03D-15-4:Intermediate - Food being cooled by nonapproved method as evidenced by inadequate rate of cooling during time of inspection. Meatloaf 46-47F (cooling ambient at 10:15 ); At 10:55 46-47F mashed potatoes 53 F (cooling ambient at 10:15 ); At 10:55 53F. Warning
  • 31A-09-4:Intermediate - Handwash sink not easily accessible for employee use at all times. Kitchen, front blocked by prep table and trash can. Employees moved the table over a foot, Warning
  • 53A-01-7:Intermediate - Manager or person in charge lacking proof of food manager certification. Jack Jessica Warning
  • 08A-28-4:Intermediate - Partially cooked raw animal food is not separated from ready-to-eat food. Wings in walk in cooler Warning

Inspection Date: 8/28/2024

Inspection #: Visit ID: 8869825

  • 22-08-4:Basic - - From initial inspection : Basic - Interior of oven/microwave has accumulation of black substance/grease/food debris. Warning - From follow-up inspection 2024-08-23: **Time Extended** - From follow-up inspection 2024-08-28: **Time Extended**
  • 33-11-4:Basic - - From initial inspection : Basic - Missing drain plug at dumpster. Warning - From follow-up inspection 2024-08-23: **Time Extended** - From follow-up inspection 2024-08-28: **Time Extended**
  • 36-27-5:Basic - - From initial inspection : Basic - Wall/ floor soiled with accumulated grease, food debris, and/or dust. Wall, cookline Floor, main bar Warning - From follow-up inspection 2024-08-23: **Time Extended** - From follow-up inspection 2024-08-28: **Time Extended**
  • 03D-02-5:High Priority - - From initial inspection : High Priority - Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Black beans 47-49F, overnight in covered plastic container Warning - From follow-up inspection 2024-08-23: No black beans to temp **Time Extended** - From follow-up inspection 2024-08-28: Taco meat 45-51F cooling from previous day in triple cooler . Operator discarded, **Time Extended**

Inspection Date: 8/23/2024

Inspection #: Visit ID: 8866953

  • 22-08-4:Basic - - From initial inspection : Basic - Interior of oven/microwave has accumulation of black substance/grease/food debris. Warning - From follow-up inspection 2024-08-23: **Time Extended**
  • 33-11-4:Basic - - From initial inspection : Basic - Missing drain plug at dumpster. Warning - From follow-up inspection 2024-08-23: **Time Extended**
  • 36-27-5:Basic - - From initial inspection : Basic - Wall/ floor soiled with accumulated grease, food debris, and/or dust. Wall, cookline Floor, main bar Warning - From follow-up inspection 2024-08-23: **Time Extended**
  • 03D-02-5:High Priority - - From initial inspection : High Priority - Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Black beans 47-49F, overnight in covered plastic container Warning - From follow-up inspection 2024-08-23: No black beans to temp **Time Extended**
  • 03A-02-5:High Priority - - From initial inspection : High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. - Sauerkraut 45F, deli meat 48F. Underneath in main cooler. Removed from walk in cooler and moved underneath less than 2 hours before. - blue cheese and ranch portions up to 54F. Above fill line. Operator discarded - fish dip, deli meats 44-46F overnight. Left bottom triple cooler overnight. Operator moved to walk in cooler Warning - From follow-up inspection 2024-08-23: - Deli meat 46f - ranch 47f - fish dip 47f Admin Complaint
  • 22-02-4:Intermediate - - From initial inspection : Intermediate - Food-contact surface soiled with food debris, mold-like substance or slime. Light buildup ice machine baffle Light buildup blade guard for slicer Vegetable dicer Warning - From follow-up inspection 2024-08-23: **Time Extended**

Inspection Date: 8/21/2024

Inspection #: Visit ID: 8732571

  • 14-01-5:Basic - Bowl or other container with no handle used to dispense food. In black beans Warning
  • 06-09-1:Basic - 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. Warning
  • 22-08-4:Basic - Interior of oven/microwave has accumulation of black substance/grease/food debris. Warning
  • 33-11-4:Basic - Missing drain plug at dumpster. Warning
  • 23-03-4:Basic - Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. Top back exterior oven Reach in cooler fan covers Warning
  • 08B-32-4:Basic - Potatoes in 5 gallon bucket rinsed with water at thwart outdoor mop sink. Employee was instructed to re-rinse them inside Warning
  • 25-05-4:Basic - Single-service articles improperly stored. Cases on the floor in the storage room Warning
  • 36-27-5:Basic - Wall/ floor soiled with accumulated grease, food debris, and/or dust. Wall, cookline Floor, main bar Warning
  • 21-08-4:Basic - Wiping cloth quaternary ammonium compound sanitizing solution not at proper minimum strength. 0 ppm Repeat Violation Warning
  • 03D-02-5:High Priority - Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Black beans 47-49F, overnight in covered plastic container Warning
  • 35A-02-6:High Priority - Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. Approximately 15, main bar Repeat Violation Warning
  • 41-24-4:High Priority - Pesticide-emitting strip present in food prep area. Dichlorvos emitting strips in the bar Warning
  • 08A-02-6:High Priority - Raw animal food stored over or with ready-to-eat food in a freezer - not all products commercially packaged. Raw shrimp over onion rings. Upright freezer Warning
  • 03A-02-5:High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. - Sauerkraut 45F, deli meat 48F. Underneath in main cooler. Removed from walk in cooler and moved underneath less than 2 hours before. - blue cheese and ranch portions up to 54F. Above fill line. Operator discarded - fish dip, deli meats 44-46F overnight. Left bottom triple cooler overnight. Operator moved to walk in cooler Warning
  • 22-02-4:Intermediate - Food-contact surface soiled with food debris, mold-like substance or slime. Light buildup ice machine baffle Light buildup blade guard for slicer Vegetable dicer Warning
  • 31A-09-4:Intermediate - Handwash sink not accessible for employee use at all times.outside bar, blocked by rack Warning
  • 53A-05-6:Intermediate - 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/ Warning
  • 05-08-4:Intermediate - No probe thermometer provided to measure temperature of food products. Warning

Inspection Date: 1/16/2024

Inspection #: Visit ID: 8450195

  • 14-01-5:Basic - Bowl or other container with no handle used to dispense food. Souffle cup in black beans in reach in cooler Corrected On-Site Repeat Violation
  • 24-06-4:Basic - Clean utensils or equipment stored in dirty container or soiled. - lids in soiled container and pans not inverted with visible food debris/residue in dish area Repeat Violation
  • 40-06-5:Basic - Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. Purse and phone on case of tortillas in kitchen Corrected On-Site Repeat Violation
  • 52-15-4:Basic - Establishment advertised homemade food items, but used food items received already prepared. Dessert menu advertises key lime pie mix is, "poured into out homemade graham cracker crust" - uses already prepared desserts with no additional ingredients or in house preparation. Operator pulled all dessert menus to mark off the word homemade **Corrective Action Taken**
  • 36-73-4:Basic - Floor soiled/has accumulation of debris. Black residue near dish machine in outdoor bar. Light debris in corners indoor bar Repeat Violation
  • 33-19-4:Basic - Garbage on the ground and/or pad around dumpster. Repeat Violation
  • 10-20-4:Basic - In-use tongs stored on equipment door handle between uses. On fryer Corrected On-Site
  • 23-03-4:Basic - Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. - Wire rack cookline. - top of ovens Repeat Violation
  • 21-08-4:Basic - Wiping cloth quaternary ammonium compound sanitizing solution not at proper minimum strength. 0 ppm quat Repeat Violation
  • 03D-02-5:High Priority - Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Wings cooked previous day stacked in bustubs in walk in cooler overnight 46-47F in the middle Repeat Violation
  • 35A-02-6:High Priority - Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 3 in the bar Repeat Violation
  • 02C-01-5:High Priority - Ready-to-eat, time/temperature control for safety food marked with a date that exceeds 7 days after opening/preparation. Potato salad and tuna salad dated with Tuesday sticker, not made day of inspection (Tuesday). Made previous day per operator and correctly labeled. Corrected On-Site
  • 01B-02-5:High Priority - Stop Sale issued on time/temperature control for safety food due to temperature abuse. Repeat Violation
  • 29-34-4:High Priority - Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb. Outside back door next to mop sink Repeat Violation
  • 52-04-5:Intermediate - Establishment advertised a specific fish on the menu/menu board but served another type of fish. Menu advertises cod. Manager on duty indicated a box of haddock is served. Manager stated they would not serve this menu item until cod is received. Admin Complaint
  • 22-02-4:Intermediate - Food-contact surface soiled with food debris, mold-like substance or slime. Can opener blade **Corrective Action Taken**
  • 31B-02-4:Intermediate - No paper towels or mechanical hand drying device provided at handwash sink. In the main bar. Bartender stated they are added after handsink is set up
  • 11-26-1:Intermediate - 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 food handler training Repeat Violation

Inspection Date: 7/21/2023

Inspection #: Visit ID: 8449748

  • 35B-01-4:Basic - - From initial inspection : Basic - Exterior door has a gap at the threshold that opens to the outside. Back door Warning - From follow-up inspection 2023-07-21: **Time Extended**
  • 36-24-5:Basic - - From initial inspection : Basic - Hole in or other damage to wall. Under three compartment sink in kitchen, frp panel loose and detached from wall. Black residue/buildup left of three compartment sink behind oven Warning - From follow-up inspection 2023-07-21: **Time Extended**
  • 23-03-4:Basic - - From initial inspection : Basic - Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. - Bottom prep table shelf across from handsink - wire shelf above slicer area Warning - From follow-up inspection 2023-07-21: **Time Extended**
  • 35A-02-6:High Priority - - From initial inspection : High Priority - Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 3 in the kitchen Repeat Violation Warning - From follow-up inspection 2023-07-21: One fly at the dish area **Time Extended**
  • 29-34-4:High Priority - - From initial inspection : High Priority - Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb. Next to mop sink Warning - From follow-up inspection 2023-07-21: **Time Extended**
  • 11-26-1:Intermediate - - From initial inspection : Intermediate - 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 Warning - From follow-up inspection 2023-07-21: **Time Extended**

Inspection Date: 7/20/2023

Inspection #: Visit ID: 8354003

  • 14-01-5:Basic - Bowl or other container with no handle used to dispense food. In cream sauce Corrected On-Site Warning
  • 24-06-4:Basic - Clean utensils or equipment stored in dirty drawer or rack. Bus tub in dish area soiled, contained clean lids Corrected On-Site Warning
  • 40-06-5:Basic - Employee personal items stored in or above a food preparation area, food, clean equipment and utensils, or single-service items. Backpack on Togo containers Warning
  • 35B-01-4:Basic - Exterior door has a gap at the threshold that opens to the outside. Back door Warning
  • 36-73-4:Basic - Floor soiled/has accumulation of debris. Bar Warning
  • 33-19-4:Basic - Garbage on the ground and/or pad around dumpster. Repeat Violation Warning
  • 36-24-5:Basic - Hole in or other damage to wall. Under three compartment sink in kitchen, frp panel loose and detached from wall. Black residue/buildup left of three compartment sink behind oven Warning
  • 23-03-4:Basic - Nonfood-contact surface soiled with grease, food debris, dirt, slime or dust. - Bottom prep table shelf across from handsink - wire shelf above slicer area Warning
  • 21-08-4:Basic - Wiping cloth sanitizing solution not at proper minimum strength. Three compartment sink dispenser. 0 ppm Repeat Violation Warning
  • 03D-02-5:High Priority - Cooked/heated time/temperature control for safety food not cooled from 135 degrees Fahrenheit to 41 degrees Fahrenheit within 6 hours. Partially cooked wings from previous day in bus tubs 47-50F. Meatballs in deep covered half pan 48-49F. See stop sale Warning
  • 22-41-4:High Priority - 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. 0 ppm cl Warning
  • 35A-02-6:High Priority - Live, small flying insects in kitchen, food preparation area, food storage area and/or bar area. 3 in the kitchen Repeat Violation Warning
  • 01B-02-5:High Priority - Stop Sale issued on time/temperature control for safety food due to temperature abuse. Warning
  • 03A-02-5:High Priority - Time/temperature control for safety food cold held at greater than 41 degrees Fahrenheit. Potatoes out and returned to walk in cooler 52F Warning
  • 03B-01-6:High Priority - Time/temperature control for safety food, other than whole meat roast, hot held at less than 135 degrees Fahrenheit. Cheese sauce and tomato soup 115-130F in steam table. Operator returned to steamer Warning
  • 29-34-4:High Priority - Vacuum breaker missing at hose bibb or on fitting/splitter added to hose bibb. Next to mop sink Warning
  • 22-02-4:Intermediate - Food-contact surface soiled with food debris, mold-like substance or slime. Slicer blade guard - operator discarded slicer Warning
  • 02B-01-5:Intermediate - Menu does not identify which items contain raw or undercooked animal foods covered by the consumer advisory. Seared ahi tuna Repeat Violation Warning
  • 16-62-1:Intermediate - No measuring device available for measuring utensil surface temperature when using hot water as sanitizer in a dishmachine. Repeat Violation Warning
  • 11-26-1:Intermediate - 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 Warning