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Capital Burger No. 3402

PASS

Tuesday, July 22, 2025 at 5:48 PM

Address
159 NEWBURY ST
Back Bay, MA 02116
Category
FS
Violations
7 total
⚠️ 3 critical
⚠ 2 major
Facility History
17 inspections
9 failures

Violations Cited

⚠️ CRITICAL 590.003/3-303.11-P
✓ Corrected

Ice Used as Exterior Coolant Prohibited as Ingredient (P)

Beverage ice at bar server station without barrier to coolant ice for soda lines. Provide barrier to prevent contamination of beverage ice.

Why This Matters

This violation directly contributes to foodborne illness risk

Code Requirements

Immediate correction required. Follow health code section 105 CMR 590.003. Implement proper food safety procedures. Train all staff. Document corrective actions taken.

Mass. Code: 105 CMR 590.003 | FDA Code: Section 3
⚠️ CRITICAL 590.003/3-501.16-P1
✓ Corrected

(A)(1) Time/Temperature Control for Safety Food Hot and Cold Holding (P)

Caramelized onions at 100F in steam table. Reheated to 167F. Ensure all hot foods reheated to n165F held at 135F or above.

Why This Matters

RAPID BACTERIAL GROWTH: At 50°F, E. coli doubles every 30 minutes. At 70°F, it doubles every 20 minutes. After 4 hours above 41°F, bacteria can reach dangerous levels causing severe illness. Common result: 24-72 hours of diarrhea, vomiting, fever, potential hospitalization.

Code Requirements

Immediately discard foods held above 41°F for over 4 hours. Rapidly cool foods above 41°F if less than 2 hours. Check ALL cooler temps every 2 hours with calibrated thermometer. Repair/adjust refrigeration immediately. Never store food in non-refrigerated areas.

Mass. Code: 105 CMR 590.003 | FDA Code: Section 3
⚠️ CRITICAL 590.004/4-501.114-P
✓ Corrected

Manual and Mechanical Warewashing Equipment Chemical Sanitization-Temperature pH Concentration and Hardness (P)

Both dish machines at bar are not testing for sanitizer. Service as needed. Use kitchen dish machine for all warewashing.

Why This Matters

INEFFECTIVE SANITIZATION: Below 50ppm chlorine or 200ppm quat, bacteria survive on 'clean' dishes. Above 200ppm chlorine leaves toxic residue causing chemical burns, nausea. 70% of restaurant outbreaks linked to improper sanitization.

Code Requirements

Maintain sanitizer at: Chlorine 50-100ppm, Quaternary Ammonium 200-400ppm, Iodine 12.5-25ppm. Test every 2 hours with test strips. Change solution when cloudy/dirty. Train all staff on mixing procedures.

Mass. Code: 105 CMR 590.004 | FDA Code: Section 4
⚠ MAJOR 590.003/3-501.15-PF
✓ Corrected

(A )Cooling Methods (Pf)

HArd cooked eggs at 122F in covered container in walk-in refrigerator. Spread out and leave hots foods uncovered until they are 41F.

Why This Matters

This violation supports conditions that may lead to foodborne illness

Code Requirements

Immediate correction required. Follow health code section 105 CMR 590.003. Implement proper food safety procedures. Train all staff. Document corrective actions taken.

Mass. Code: 105 CMR 590.003 | FDA Code: Section 3
⚠ MAJOR 590.006/6-501.111-PF
✓ Corrected

Controlling Pests (Pf)

Mouse droppings in basement. Glue traps with dead roaches under bar dish machine. Reviewd pest report. Provide pest report for next week.

Why This Matters

SEVERE CONTAMINATION: Rodent droppings carry 35+ diseases including Hantavirus (36% mortality rate), Salmonella (20% of cases from rodents), Leptospirosis (kidney/liver failure). Mice contaminate 10 times more food than they eat through urine and droppings.

Code Requirements

IMMEDIATE ACTION: Clean/sanitize all affected areas with 10% bleach solution. Discard ALL exposed food. Seal holes over 1/4 inch (mice) or 1/2 inch (rats). Remove food sources. Install bait stations. Professional extermination within 24 hours.

Mass. Code: 105 CMR 590.006 | FDA Code: Section 6
• MINOR 590.004/4-602.13-C
✓ Corrected

Nonfood Contact Surfaces (C)

Floor under main bar with soils and debris. First bar dish machine with chemical build-up. Basement area under bar with water and debris. Clean to avoid attracting pests.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section 105 CMR 590.004. Implement proper food safety procedures. Train all staff. Document corrective actions taken.

Mass. Code: 105 CMR 590.004 | FDA Code: Section 4
• MINOR 590.005/5-205.15-C
✓ Corrected

System Maintained in Good Repair (C)

Water leaking under upstairs service station hand sink. Water leaking under kitchen dish machine. Water leaking from first bar dish machine. Service and repair as needed. Keep areas clean and dry to avoid attracting pests.

Why This Matters

This violation affects overall sanitation and food safety

Code Requirements

Immediate correction required. Follow health code section 105 CMR 590.005. Implement proper food safety procedures. Train all staff. Document corrective actions taken.

Mass. Code: 105 CMR 590.005 | FDA Code: Section 5
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Data sourced directly from Boston Inspectional Services Department