Cooked?
Capital Burger No. 3402
- resultFail
- critical violations2
- last inspectedJuly 13, 2026
- address159 Newbury St, Boston 02116
Is Capital Burger No. 3402 clean?
Capital Burger No. 3402 is currently Fail from Boston Inspectional Services, Health Division, from an inspection on July 13, 2026. Inspectors wrote up 2 critical violations — the kind most directly linked to foodborne illness. On Cooked's ladder that reads cooked 🪳.
What did inspectors find at Capital Burger No. 3402?
These are the violations recorded at the most recent inspection on July 13, 2026, in plain English, with the city's own wording underneath.
- ⚠️In-Use Utensils Between-Use Storage (C) • At the cook-line observed in-use knives stored in the space between equipment; in-use utensils should be stored on a clean and sanitized surface in water 135F and above or in cool running water.In-Use Utensils Between-Use Storage (C) • At the cook-line observed in-use knives stored in the space between equipment; in-use utensils should be stored on a clean and sanitized surface in water 135F and above or in cool running water.
- ⚠️Nonfood-Contact Surfaces (C) • At the produce prep area above the kettle cooker observed the drop ceiling supports rusted and no longer cleanable; repair or replace the metal drop ceiling supports.Nonfood-Contact Surfaces (C) • At the produce prep area above the kettle cooker observed the drop ceiling supports rusted and no longer cleanable; repair or replace the metal drop ceiling supports.
- ⚠️Manual and Mechanical Warewashing Equipment Chemical Sanitization-Temperature pH Concentration and Hardness (P) • Upon reinspection Ecolab is scheduled to service the low temperature warewashing machine on 7/13/2026 and staff have been directed to use the other machine which is working and an "out of order" sign has been placed on the machine that is scheduled to be repaired.criticalManual and Mechanical Warewashing Equipment Chemical Sanitization-Temperature pH Concentration and Hardness (P) • Upon reinspection Ecolab is scheduled to service the low temperature warewashing machine on 7/13/2026 and staff have been directed to use the other machine which is working and an "out of order" sign has been placed on the machine that is scheduled to be repaired.
- ⚠️(B) and (C) Equipment Food-Contact Surfaces Nonfood-Contact Surfaces and Utensils (C) • In the basement directly in front of where the stairs end observed excessive pooled water; clean and sanitize the area.(B) and (C) Equipment Food-Contact Surfaces Nonfood-Contact Surfaces and Utensils (C) • In the basement directly in front of where the stairs end observed excessive pooled water; clean and sanitize the area.
- ⚠️Using a Handwashing Sink-Operation and Maintenance (Pf) • In the upstairs server nook observed dumped ice in the handwashing sink basin; handwashing sinks should only be used for hand washing.Using a Handwashing Sink-Operation and Maintenance (Pf) • In the upstairs server nook observed dumped ice in the handwashing sink basin; handwashing sinks should only be used for hand washing.
- ⚠️Backflow Prevention (P) • At the prep sink there is a direct connection to the waste water system; have a licensed plumber pull proper permits and install an air gap at the prep sink.criticalBackflow Prevention (P) • At the prep sink there is a direct connection to the waste water system; have a licensed plumber pull proper permits and install an air gap at the prep sink.
- ⚠️Controlling Pests (Pf) • 7-13-2026: Upon reinspection the droppings have been cleaned and sanitized. Pest control reports from 7/10 and 7/13 show multiple captured live mice during the pest control operator's inspection. Continue to have your PCO performing service and inspect the second floor hole in ceiling above the server area and continue to perform any exclusionary work as recommended by the PCO. Provide the pest control reports to [email protected]Controlling Pests (Pf) • 7-13-2026: Upon reinspection the droppings have been cleaned and sanitized. Pest control reports from 7/10 and 7/13 show multiple captured live mice during the pest control operator's inspection. Continue to have your PCO performing service and inspect the second floor hole in ceiling above the server area and continue to perform any exclusionary work as recommended by the PCO. Provide the pest control reports to [email protected]
- ⚠️Repairing-Premises Structures Attachments and Fixtures-Methods (C) • In the upstairs server nook the ceiling is damaged; in the server corner on the first floor next to the bar the floor tiles are missing or damaged in multiple areas; repair or replace the damaged structures.Repairing-Premises Structures Attachments and Fixtures-Methods (C) • In the upstairs server nook the ceiling is damaged; in the server corner on the first floor next to the bar the floor tiles are missing or damaged in multiple areas; repair or replace the damaged structures.
When was Capital Burger No. 3402 last inspected?
Capital Burger No. 3402 has 27 inspections on record going back to March 26, 2021. The 12 most recent are shown below.
| date | result | score |
|---|---|---|
| July 13, 2026 | Fail | |
| July 9, 2026 | Fail | |
| February 6, 2026 | Pass | |
| February 3, 2026 | Fail | |
| December 9, 2025 | Pass | |
| December 3, 2025 | Fail | |
| November 26, 2025 | — | |
| November 19, 2025 | Fail | |
| July 22, 2025 | Pass | |
| July 15, 2025 | Fail | |
| January 10, 2025 | — | |
| January 3, 2025 | Fail |
Capital Burger No. 3402 vs Back Bay
Back Bay runs 81% clean across 519 tracked restaurants — 417 clean, 46 mid, 50 cooked.
Against the 519 spots Cooked tracks in Back Bay, this one comes out cleaner than 5% of them.
Other spots in Back Bay
How Boston grades restaurants
Boston reports inspections as a pass or a fail, with no score and no letter. What separates a bad fail from a trivial one is the violation severity ladder: a single star is a minor issue, two stars is more serious, and three stars marks a critical foodborne-illness risk factor — temperature abuse, bad handwashing, cross-contamination. A restaurant can fail on paperwork alone, which is not the same as failing on food safety. Cooked splits Boston fails accordingly: a fail with a three-star violation reads cooked, a fail on minor items only reads mid.
Source: Boston Inspectional Services, Health Division via Analyze Boston. Cooked refreshes this data daily — this listing's most recent inspection is dated July 13, 2026. Inspection results describe one moment in a kitchen's life, not a permanent verdict.