On December 22, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(2)(a), Florida Administrative Code, Paragraph 61C-4.010(7), Florida Administrative Code, Paragraph 61C-4.010(6), ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:

On December 22, 2015, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(2)(a), F.A.C., subsection 61C-4.010(7), F.A.C., subsection 61C-4.010(6), F.A.C., and Section 6-402.11, 2009 FDA Food Code from Georgia Boy BBQ & Bistro located in Jacksonville. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers and employees. They are requesting to utilize the bathroom facilities located within an adjacent business under the same ownership for use by both customers and employees.

The Petition for this variance was published in Vol. 41, No. 248, F.A.R., on December 28, 2015. The Order for this Petition was signed and approved on January 4, 2016. After a complete review of the variance request, the Division finds that the application of this Rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring that the bathroom facilities within Sam’s Food Store are maintained in a clean and sanitary manner, a hand sink is provided with hot and cold running water under pressure and are available during all hours of operation. The Petitioner shall also ensure that all handwash sinks used by employees are provided with a handwash sign, soap and approved hand drying devices. The Petitioner shall also ensure directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Sam's Food Store and Georgia Boy BBQ & Bistro changes (Sammie Solomon), a signed agreement for use of the facilities is required immediately.

A copy of the Order or additional information may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.