BEN SANDWICHES

Facility has submitted for the addition of equipment and plans have not been approved for installation and use. [CA] Cease use of equipment until final plan check approval has been received from this department. [COS] Equipment was impounded by this department.

Facility has the following non ANSI equipment: - 1x stand mixer - 1x Gourmia airfryer - 1x rice cooker [CA] New and/or replacement food equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program (e.g. NSF, UL EPH, UL Sanitation, CSA Sanitation, or ETL Sanitation).

1. At the front cookline area, the top ridge of the stainless steel has a gap and is not easily cleanable. [CA] Seal the gap and ensure the finish is easily cleanable. 2. The red quarry tile flooring of the dry storage room has been covered by a LVP flooring. new flooring has gaps and holes throughout. [CA] The floor surfaces shall be smooth, of durable construction, and of nonabsorbent material that is easily cleanable. 3. The door frame to the back of house area has gaps along the frame with the white tile detaching from the stainless steel frame. 4. the counter tops has exposed unfinished wood. [CA] The walls / ceilings shall have durable, smooth, nonabsorbent, light-colored, and washable surfaces. 5. The customer restroom lacks an approved cove base. [CA] Approved base coving shall be provided in all areas, except customer service areas and where food is stored in original unopened containers.

1. The back of house sink lacked paper towels in the dispenser and lack soap. [CA] Handwashing soap and towels or drying device shall be provided in dispensers dispensers shall be maintained in good repair. 2. The back of house sink lacks a wall mounted soap dispenser. [CA] Provide a wall mounted soap dispenser.

The three compartment sink is leaking at the faucet. [CA] Repair the plumbing fixture.

The dry storage room has been converted to living quarters that open directly to the food prep area. [CA] No sleeping accommodations shall be maintained or kept in any room where food is prepared, stored, or sold.

The staff restroom toilet has been replaced with a makeshift shower. [CA] Toilet facilities shall be maintained clean and in good repair.

Staff were observed washing dishes in the prep sink and skipping the sanitizing step. [CA] Manual sanitization shall be accomplished in the final sanitizing rinse by contacting a chlorine solution of 100 PPM concentration for at least 30 seconds or by contacting a quaternary ammonium solution of 200 PPM concentration for at least 60 seconds. [COS] Staff moved dishes to the three compartment sink and began setting up sanitizer solution.

Facility lacks a valid health permit to operate. [CA] A food facility shall not be open for business without a valid health permit. CEASE AND DESIST ALL ACTIVITIES. A permit shall be issued by this department when investigation has determined that the proposed facility and its method of operation meets the specifications of the approved plans or conforms to the requirements set forth by this department. Please contact local health department at 408-918-3400 to obtain a valid health permit.

The dry storage room has been converted to living quarters that open directly to the food prep area. [CA] No sleeping accommodations shall be maintained or kept in any room where food is prepared, stored, or sold.

The mop sink and floor sink where the walk in cooler discharges liquid waste were both backing up. [CA] Food facility shall not operate if there is sewage overflowing or backing up in the food facility. The food facility, or impacted areas, shall remain closed until all plumbing problems have been corrected and all contaminated surfaces have been cleaned and sanitized.

The staff restroom toilet has been replaced with a makeshift shower. [CA] Toilet facilities shall be maintained clean and in good repair.

Facility has submitted for the addition of equipment and plans have not been approved for installation and use. A change of ownership has not been conducted to issue a valid permit. [CA] Cease and desist all operations, until final plan check approval has been received from this department.

1. The customer restroom handwash station lacked soap in its dispenser. 2. Both handwash station in the front of house and back of house lack soap dispensers and had pump bottles of soap available. [CA] Provide handwashing cleanser in dispenser at handwash stations at all times. [COS] PIC restocked the soap.

Pork was found on the counter and measured at 54F. Per PIC, they had been removed from the cooler about an hour prior. [CA] PHFs shall be held at 41°F or below or at 135°F or above. [COS] Items were moved back to the walk in cooler for rapid cool down.

1. Numerous personal effects (drinks, cellphones, lotion) were found on food prep surfaces of the prep cooler. [CA] No person shall store clothing or personal effects in any area used for the storage and preparation of food or food contact surfaces. 2. Several items unrelated to the operation were found stored in the back of house area. [CA] The premises of a food facility shall be free of litter and items that are unnecessary to the operation or maintenance of the facility, such as equipment that is nonfunctional or no longer used.

1. Two staff presented a non ANSI certified food safety manager certification acquired in Texas and distributed by Learn2Serve. [CA] Each food handler shall maintain a valid food handler card for the duration of his or her employment as food handler. A valid food handler card shall be provided within 30 days of after the date of hire. 2. One of the facility staff members lacks food safety knowledge on handwashing and warewashing. [CA] All food employees shall have adequate knowledge of, and shall be properly trained in, food safety as it relates to their assigned duties.

Raw shelled eggs were found stored above sauces in the upright cooler. [CA] All food shall be separated and protected from cross-contamination. Store all raw meat or other raw products of animal origin below ready-to-eat food items.

Staff were observed washing dishes in the prep sink and skipping the sanitizing step of warewashing. Facility also lacked drain plugs and an adequate method to wash, rinse, and sanitize food contact surfaces. [CA] Manual warewashing shall be accomplished by using a three-compartment sink where the utensils are first precleaned, washed with hot soapy water, rinsed with hot water, sanitized with an approved method, and air dried. Use 1 TBS of bleach (5.25%) per 1 gal. of water for chlorine solution (100 PPM). Use 1 tbs of quaternary ammonium (10%) per 2 gal. of water for quaternary ammonium (200 PPM). [COS] Facility owner dropped a package of testing strips, drain plugs, and chlorine. PIC set up the three compartment sink and sanitized all the dishes that were in the drying rack at the prep sink.

A butane single burner range was found on the counter near the cookline by the sandwich making station. [CA] Provide approved exhaust hood ventilation over all cooking equipment as required to effectively remove cooking odors, smoke, steam, grease, heat, and vapors.

1. Facility lacks testing materials for their choice of sanitizer, chlorine. [CA] Testing equipment and materials shall be provided to adequately measure the applicable sanitization method used during manual or mechanical warewashing. [COS] Facility owner dropped a package of testing strips, drain plugs, and chlorine. 2. Facility lacks drain plugs to fill basins of three compartment sink. [CA] Plugs/stoppers shall be available to fill up the warewashing sink. [COS] Facility owner dropped a package of testing strips, drain plugs, and chlorine.

The back room has been converted to living quarters. The door does not fit tightly and opens directly into the back of house area near the walk in cooler and staff restroom. [CA] No sleeping accommodations shall be maintained or kept in any room where food is prepared, stored, or sold.

An open bulk bag of sugar was found not in a container with a tight fitting lid. [CA] Store open bulk foods in approved NSF containers with tight fitting lids.

1. Observed Vermin: Documented in the following areas: - Several dead cockroaches and hatched oothecas were observed falling from a folder holder food handler cards stored above the steam table. - A couple dead cockroaches were found in the door of the left microwave. - A dead cockroach was found under the steam table and another under the right microwaves. - A sticky trap was found near the prep counter in the back of house that had dead cockroaches. - Several dead cockroaches were observed caught in a spider's web near the sandwich making station. In the corner near the electrical panel. - No live activity was observed. Latest pest control report was dated for 10/31/2025. [CA] Clean and sanitize area of dead cockroaches. Provide a pest control report by the follow up inspection.

Facility lacks a probe type thermometer. [CA] An accurate easily readable metal probe thermometer (accurate to +/- 2°F) that is designed to measure the temperature of thin masses shall be provided and readily available to accurately measure the temperatures of potentially hazardous foods.

Ice scooper handle was in direct contact with ice meant for consumption. [CA] Handle to ice scoop shall be stored so that it is not in direct contact with ice.

The placard was removed from its original location and was placed on a flower pot, unable to be seen by patrons. [CA] The placard shall be posted and clearly visible to the general public and patrons entering the food establishment.

1. The wall frame near the entrance to the back of house area is detaching. 2. The counter area has top set rubber coving. 3. The restroom door has been relocated and the interior wall is missing an approved finish. Observed dry wall. 4. The restroom lacks approved cove base. 5. The wall surrounding the outlet near the prep cooler is missing. [CA] Ensure to maintain the floors, walls, and ceilings clean and in good repair. Provide approved finishes and ensure they are installed correctly.

Facility has a non ANSI vegetable slicer and non ANSI convection oven at the sandwich building station. [CA] New and/or replacement food equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program (e.g. NSF, UL EPH, UL Sanitation, CSA Sanitation, or ETL Sanitation).

The doors of coolers, sides of coolers, and doors of microwaves have an accumulation of grease and food debris. [CA] Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

Facility has removed the toilet in the staff restroom and replaced it with a shower head. [CA] Toilet facilities shall be maintained clean and in good repair. Reinstall the toilet.

Numerous opened bulk bags of ingredients stored directly on the floor inside the dry storage room. [CA] Store open bulk foods in approved NSF containers with tight fitting lids. Food shall be stored at least 6 inches above the floor to prevent contamination.

Employees present at time of inspection lacked food handler cards. Owner stated that one employee is new, and the other employee is in the process of obtaining her food handler cards. Numerous food handler cards provided were expired. [CA] Each food handler shall maintain a valid food handler card for the duration of his or her employment as food handler. A valid food handler card shall be provided within 30 days of after the date of hire.

Heavy build up of food debris and food residues observed on floors and walls throughout the facility: - On floor and on walls behind the large floor mixer is the front service area. - On floor and walls in the cook line area. Observed some standing water by the oven and below the three-compartment sink. * Note: observed no leaks below the three-compartment sink. [CA] Walls and/or floors in food preparation area shall be kept clean.

Hand wash sink in the front of the service line lacked hand soap dispenser. Hand soap is provided inside large squeeze bottle. Hand wash sink in the back of the kitchen between the food preparation sink and three-compartment sink obstructed with food service equipment and observed with heavy accumulation of food residue. Hand sink also lacked paper towels, hand soap, and hand soap dispenser. Hand wash sink in the front service area is less than 10 feet from each other. Customer's restroom lacked paper towels. * Employee dedicated restroom available in the kitchen. [CA] Handwashing facilities shall be equipped with handwashing cleanser and single-use sanitary towels in dispensers. Ensure warm water, hand soap, and paper towels are readily available at all times. Handwashing facility shall be clean, unobstructed, and accessible at all times. * Provide wall mounted hand soap dispensers.

Observed numerous fruit flies and/or dry flies throughout the kitchen. [CA] Food facility shall be kept free of non-disease carrying insects, weevils, ants, gnats, and fruit flies.

Observed accumulation of grime on yellow lids of the non-food grade totes used to store baguettes. [CA] Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

Numerous containers of food stored directly on the floor: - Large totes used to store baguettes in the front service area. - Buckets of pickled vegetables inside the walk-in refrigerator. [CA] Food shall be stored at least 6 inches above the floor to prevent contamination.

Cooked pork maintained inside the hot holding unit measured between 120F at the top to 134F at the bottom. [CA] PHFs shall be held at 135°F or above. Ensure employees are routinely stirring food to maintain hot holding temperatures throughout. [COS] Instructed employee to either maintain PHF items subjected to time as a public health control and/or reheat to 165F prior to hot holding at 135F.

Observed 4+ bins of facility maintenance tools throughout the kitchen and areas of food storage. Observed numerous equipment, white one-door upright refrigerator, two-door upright refrigerator, numerous paper towel dispensers, stored directly outside of the entrance into the kitchen. [CA] The premises of a food facility shall be free of litter and items that are unnecessary to the operation or maintenance of the facility, such as equipment that is nonfunctional or no longer used. Maintain maintenance equipment/tools in designated area away from food preparation areas.

Facility utilizes numerous domestic food equipment - air fryer and toaster ovens. [CA] Make plans to replace with commercial equipment. New and/or replacement food equipment shall be certified or classified for sanitation by an American National Standards Institute (ANSI) accredited certification program (e.g. NSF, UL EPH, UL Sanitation, CSA Sanitation, or ETL Sanitation).

Ice scoop maintained inside the food preparation refrigerator for beverage preparation observed with handle in direct contact with consumable ice. [CA] Store scoop handle in such a way that the handle does not come in direct contact with food to prevent contamination.

Observed toilet in the customer restroom clogged. [CA] Toilet facilities shall be maintained clean and in good repair.

Sandwich baguettes are not stored in food grade containers. Multiple 27 gallon storage totes observed with baguettes inside. [CA] Discontinue use of unapproved food storage. Ensure only food grade containers are used at all times.

Active leak observed at front handwash sink. Per food employees, they use the preparation sink next to handwash sink to wash hands. Additional food preparation sink is available in back prep area. [CA] Repair leak and maintain in good repair.

Major: Back preparation area hand wash sink is inoperable. [CA] All food facilities shall provide an operable hand washing station. [SA] Front preparation sink will be used for hand washing until both hand wash sinks are fully repaired. Minor: Employee restroom is lacking paper towels and hand soap. [CA] Ensure all hand wash stations are fully stocked at all times.

Facility is lacking chlorine sanitizer test strips. [CA] Test strips shall be provided to adequately measure the applicable sanitization method used during manual warewashing. (chlorine:100ppm)

In the 2 door preparation refrigerator inserts: ham, pate, and pork loaf measured between 47-51F. Per food employee, meats were stored in preparation unit at 10am. [CA] PHFs shall be held cold at 41°F or below. [COS] Food items were time marked. Discard time is 2pm.

Facility is lacking a metal probe thermometer. [CA] An accurate easily readable metal probe thermometer (accurate to +/- 2°F) that is designed to measure the temperature of thin masses shall be provided and readily available to accurately measure the temperatures of potentially hazardous foods.

Ice machine observed flooded. Per food employees, ice is not being used until unit is repaired. [CA] Repair or replace ice machine. If facility plans to repair ice machine; ensure ice machine is properly drained, cleaned, and sanitized.

Sign on customer restroom observed stating "out of order." [CA] Ensure restroom is fully operable at all times.

--48 HOUR NOTICE— Our records indicate this facility is operating without a valid permit and has a delinquent account. Your balance due is $1,925.00 . Payment must be made immediately to DEH via our website at www.Ehinfo.org. A facility that submits payment of the outstanding balance within 48 hours (2 business days) of this notice will be issued and mailed an operating permit by this department. Failure to comply within 48 hours will result in facility closure and additional enforcement, including but not limited to reinspection(s) and additional cost recovery fees. A facility found to be in continued operation without a permit may incur a penalty of three (3) times the operating permit fee, and fee(s) for re-inspection(s) charged at the current hourly rate approved by the Santa Clara County Board of Supervisors. Penalties and fees incurred due to enforcement activities must be paid in full prior to the issuance of an operating permit.