The popular eatery, located in the Village at Peachtree Corners shopping center across from The Forum, had failing back-to-back health inspections and temporarily closed its doors on Thursday, Sept. 12, 2013.
But Rubenstein says he'll be back in business later this week.
On Friday (Sept. 13) afternoon Rubenstein told Patch that the health department "allowed us to stay open but we will shut down for four to six days for repairs on equipment and retraining of staff," he said. "We care about the community and want to do what is the right thing so we are temporarily shutting down."
The restaurant first received a failing grade of 40-U on Sept. 5 then, as required by the state health department, was reinspected the on Sept. 12 and received a second failing grade 59-U.
"Restaurants are given the opportunity to close," explained Karen Shields, spokesperson for the Gwinnett Health Department.
Shields provided a copy of the code regarding restaurants that receive two consecutive failing health inspections.
According to the Rules of Department of Human Resources Public Health Chapter 290-5-14 FOOD SERVICE, the code reads:
(p) Voluntary Closure.
- A food service establishment that is graded as a “U” on two consecutive routine inspections will be asked to voluntarily close until all violations are corrected and/or have enforcement action taken to suspend or revoke the food service permit pursuant to subsection (1)(b) of this Rule.
Rubenstein, who has owned the restaurant for the past five years, said he was surprised that the restaurant failed the second inspection. "I was completely shocked. I felt it was a good inspection."
Listed is a history of restaurant inspection grades the Flying Biscuit Cafe has received since 2008:
Sept. 25, 2008 - A
Oct. 20, 2008 - U
Oct. 23, 2008 - A
Jan. 2, 2009 - A
May 27, 2009 - A
Oct. 7, 2009 - C
Oct. 14, 2009 - A
March 3, 2010 - A
Sept. 30, 2010 - A
April 27, 2011 - A
Dec. 14, 2011 - C
Dec. 17, 2011 - A
Jan. 26, 2012 - B
June 4, 2012 - A
Jan. 3, 2013 - U
Jan. 7, 2013 - B
Sept. 5, 2013 - U
Sept. 12, 2013 - U
Source: Gwinnett County Health Department