05E — Toilet facility not provided for employees or patrons
This means a required toilet facility is not provided for employees or, where the rules require it, for customers. Without an accessible, working restroom, workers cannot keep up basic hygiene, which puts food at risk. The inspector confirms the required restrooms exist, work, and are reachable during operating hours. If a required toilet is missing or out of service, the affected operation cannot continue until it is restored.
What the inspector looks for
Go to every employee restroom and try to flush the toilet. It must flush, the door must open and close, and staff must be able to reach it during the shift. A toilet that is out of order, locked, or blocked with stored goods — flag it.
Points & grade impact
Cited at 10 points — Cited at 10 (condition IV); failure to correct (Pre-Permit Serious) → 28. NYC adds every cited violation’s points into one inspection score: 0–13 = A, 14–27 = B, 28+ = C.
How to fix it
Get a working toilet back in service before you keep operating: clear anything stored in it, fix the flush, and unlock it so staff can reach it. If it can't be made usable, stop the affected operation until a working restroom is available.
How to prevent it
Assign a manager to check every restroom at open — flush it, confirm it locks and unlocks, and confirm it's not being used for storage. If a toilet breaks during service, call a plumber before the next meal period; running a shift with no working employee restroom is a closure trigger.
- ✓Keep all required restrooms working and accessible during every hour you operate.
- ✓Fix a broken or clogged toilet right away; do not run service relying on an out-of-order restroom.
- ✓Make sure staff always have a usable restroom on site, even when a customer restroom is out.
- ✓Keep restroom access unobstructed — not blocked by storage or locked with no key on hand.
Reference: Health Code §81.22(a)
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