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City puts Cheesecake Factory on notice, drops suits against McCormick & Schmick's and Joy Tsin Lau

A list of eateries closed by the health department since Dec. 20 follows this story.

The city this week dropped legal action against two well-known Philadelphia restaurants— a haunt of powerbrokers and a Chinatown dim sum palace — that last year failed multiple health inspections.

McCormick &  Schmick's, the pricey seafood and steakhouse at the foot of City Hall, was sharply rebuked five times last year by the Health Department. Joy Tsin Lau, where 100 lawyers and students were sickened following a 2015 banquet, received seven surprise inspections. The city settled with both restaurants Jan. 17 and discontinued the cases.

Meanwhile, the Cheesecake Factory was marched into court this month to respond to a city suit filed in November. The restaurant at 15th and Walnut Streets racked up four failing inspections during 2016 for a litany of violations that included pests, insufficient handwashing, and food held at hazardous temperatures. Recently, the restaurant paid $1,035 in inspection fees, passed a preliminary court inspection, and was scheduled for another hearing.

"We've changed some of our reporting protocols so that any future citation is quickly elevated to prevent this type of situation from happening again,"  Cheesecake Factory spokeswoman Alethea Rowe said in a statement. "We take health inspections very seriously, and do not think it unfair that governmental agencies provide appropriate notices of these types of issues. They help us do better."

McCormick & Schmick's troubles began March 2,  after an inspector noted a foul odor, sewage backing up into the kitchen, and "non-potable" water leaking from the ceiling. The restaurant was ordered to cease operations for 48 hours.

But when the inspector returned the next day, he found two dozen customers in the dining room, according to court documents.

The restaurant, owned by Texas-based Landry's Inc., ran afoul of the city again on May 31, when an inspector returned to find excessive wastewater pooled around kitchen equipment. In addition, lobster and crab meat were stored at temperatures that encourage illness-causing bacteria to thrive, and fruit flies swarmed the food prep area. Three weeks later, the Health Department sent a sternly worded letter  demanding that McCormick & Schmick's comply with basic health standards and threatened hundreds of dollars in fees if it did not get in line. Yet the following month, on July 21, the restaurant was cited for 10 new violations that included evidence of mice.

In November and December, McCormick & Schmick's passed consecutive inspections. On Tuesday, the city discontinued its case in Court of Common Pleas.  A restaurant representative declined to comment after Tuesday's hearing.

At Joy Tsin Lau, the violations were less acute but just as persistent. The restaurant had continued problems keeping meats at safe temperatures (pork intestines at 57 degrees, anyone?).  Foods reportedly were stored outside, and refrigerators struggled to get temperatures below 41 degrees, according to inspection reports. A manager at the Chinese eatery declined to comment.

The Health Department visited more than 500 eateries and food retailers between Dec. 20 and Jan 17. Every inspection is generally regarded as a "snapshot in time," and not necessarily a reflection of day-to-day conditions. Most violations were fixed immediately on site.

An edited selection of infractions at the shut-down eateries is below.

If you suspect you have contracted food poisoning or have a sanitation complaint, contact the health department at 215-685-7495.

To look up reports on a specific restaurant, or read more in the Inquirer's Clean Plates series, visit www.philly.com/cleanplates.

Simon's Kosher Meat
6926 BUSTLETON AVE 19149
22 violations, 4 serious. 
Mouse feces on shelves, equipment surfaces, and floor perimeters; cockroaches in bags storing food trays; food held at hazardous temperatures; employees not wearing hair restraints; leak in main water line;  liquid waste in catch basin; accumulated food residue, debris, and dead flies. Ordered to close for a minimum of 48 hours on Jan. 13. Allowed to reopen  Jan 15.  Previously ordered to close on Jan. 11, 2017 and Feb. 11, 2013.

Read & Eat
6156 RIDGE AVE 19128
2 violations. 
Operating without a valid food license. Person in charge refused inspection of basement. Ordered by Court of Common Pleas to close for a minimum of 48 hours on Jan. 13. Previously ordered to cease operations on Dec. 13Oct. 7, July 20, May 10, and Feb. 22. Update: Owner Jake Sudderth disputes the health department reports and said his business hasn't served food since the summer.

Subway
2240 S 63RD ST 19142
7 violation, 4 serious. 
Insufficient hot water; food safety certified person not present; utensils cannot be properly cleaned due to lack of hot water. Agreed to temporarily close Jan. 12.

Blessing Restaurant
2240 S 63RD ST 19142
1 violation, 1 serious. 
Food safety certified person not present. Agreed to temporarily close Jan. 12.

Johnnie's Restaurant
2240 S 12TH ST 19148
17 violations, 3 serious. 
Mice feces on floors throughout facility; no hand-washing sink in basement or in upstairs coffee area; rust in ice machine bin; food debris in salad-holding unit, cold-holding unit, refrigeration unit, preparation table shelves, inside  the walk-in cooler, inside the reach-in freezer and refrigeration units in the food-preparation area. Ordered to close for a minimum of 48 hours on Jan. 11 and Jan. 9.

Simon's Kosher Meat
6926 BUSTLETON AVE 19149
27 violations, 8 serious. 
No hot water;  dead mice in food-prep area; food certified person not present; open employee beverages in food-prep area; no soap at hand sinks; accumulated debris, residue, and mouse feces on equipment surfaces and shelves; dead flies hanging over meat processor, ware-washing sink, and cutting board; numerous live cockroaches; employees not wearing hair restraints. Ordered to close for a minimum of 48 hours on Jan. 11.

Victor's Tavern
5550 WAYNE AVE 19144
3 violations, 1 serious. 
Food safety certified person not present; debris on floor perimeters. Asked to temporarily close on Jan. 10. Allowed to reopen on Jan. 12.

Johnnie's Restaurant
2240 S 12TH ST 19148
34 violations, 9 serious. 
Mice feces in box of potatoes, on floors and shelving racks, and inside walk-in cooler; employee did not wash hands between tasks; employee touched ready-to-eat food with bare hands; empty paper towel dispenser; raw chicken stored in box with raw ground beef; shrimp thawed in standing water; fly tape hanging over cups; employees not wearing sufficient hair restraints; food debris on shelves and equipment; unapproved freezer/refrigeration unit. Ordered to close for a minimum of 48 hours on Jan. 9.

Fat Daddy's Pizza
125 LEVERINGTON AVE 19127
11 violations, 1 serious. 
Mouse infestation; insufficient hot water; mouse droppings on shelves and floor perimeters throughout facility. Ordered to close by Court of Common Pleas on Jan. 9. Allowed to reopen on Jan. 11.

Miga
2001 HAMILTON ST 19130
20 violations, 6 serious. 
Mouse droppings throughout kitchen; moldy eggplants in refrigerator; garbage grinder inoperable. Agreed to close temporarily on Jan. 5.

Pike's Seafood
1940 E WASHINGTON LN 19138
17 violations, 3 serious. 
Insufficient hot water; mouse droppings; excessive residue on tables in kitchen; open and exposed sewer line in ware-washing area; large pile of dirt and rocks in trash area; pooled water on floor. Agreed to temporarily close on Jan. 4.

Blue Jay Restaurant
2900 W GIRARD AVE 19130
14 violations, 3 serious.
Food safety certified person not present; mouse droppings; insufficient hot water; residential microwave in use; margarine with more than 2.0 grams of transfat in use. Agreed to temporarily close on Jan. 4.

Best Quality Lunch Truck
4501 ISLAND AVE LOT 19153
14 violations, 6 serious. 
No water at hand sink; person in charge did not know reportable illnesses; insufficient hand-washing procedures; raw chicken stored above vegetables. Agreed to close temporarily on Jan. 4.

Lucky Fortune
5342 PINE ST 19143
19 violations, 6 serious. 
No hot water in restroom; severely dented can of soy sauce; food held at hazardous temperatures; unauthorized use of pesticide; overflowing grease trap. Ordered to close for a minimum of 48 hours on Dec. 29.

Osaka Restaurant
8605 GERMANTOWN AVE 19118
13 violations, 4 serious. 
Soap not available at hand-wash sink in sushi-prep area; open rodent bait; domestic microwave and rice cooker in use; mouse droppings, debris, and dirt on floors. Ordered to temporarily discontinue making sushi. Agreed to close temporarily on Dec. 29.

Soko Lover's
2308 N FRONT ST 19133
8 violations, 5 serious. 
Food safety certified person not present; person in charge has no knowledge of foodborne illnesses that need to be reported; no soap or paper towels at some sinks; milk held at hazardous temperatures; raw meats stored above deli meats and vegetables. Agreed to temporarily close on Dec. 29.

Cafe Ole
147 N 3RD ST 19106
9 violations, 3 serious. 
No food certified person on premises; insufficient hand-washing; open bait in basement; employees not wearing hair restraints; evidence of rodents and insects in basement. Agreed to voluntarily close on Dec. 29.

Boyer Mini Market
5601 BOYER ST 19138
19 violations, 2 serious. 
No food safety person present; German roaches and mouse feces in retail area; flies in back kitchen; excessive debris on kitchen table and shelves. Agreed to temporarily close on Dec. 27.

Last Drop Coffee House
1300 PINE ST 19107
12 violations, 4 serious. 
Food safety person not present; food held at hazardous temperatures; mouse droppings behind food equipment and empty urns. Agreed to temporarily close Dec. 27.

Figs
2501 MEREDITH ST 19130
10 violations, 3 serious. 
Food safety certified person not present; person in charge did not know reportable foodborne illnesses; cook not wearing hair restraint. Agreed to temporarily close Dec. 22.

J & Lin Mini Market
2500 S 5TH ST 19148
22 violations, 5 serious. 
No soap, empty papertowel dispenser at sinks; moldy cheese in refrigerator; dead roaches on cutting board, in ware-washing sink, in deep-fryer oil and on grill, in freezer gaskets; live roaches crawling on floors and walls throughout; accumulated food residue on slicer. Ordered to close for minimum of 48 hours on Dec. 22.

Nom Nom Ramen
3401 WALNUT ST 19103
2 violations. 
No hot water; evidence of rodents. Ordered to close for a minimum of 48 hours on Dec. 22. No hot water; food safety person not present; open employee beverage container in food-prep area; mouse droppings on food contact surfaces. Ordered to close for a minimum of 48 hours on Dec. 20.