On November 13, 2023 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative CodeSubparagraph ....

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-4.010Sanitation and Safety Requirements

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

On November 13, 2023 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for subsection 61C-4.010(7) Florida Administrative Code, subsection 61C-4.010(6), Florida Administrative Code and paragraph 61C-1.004(1)(a), Florida Administrative Code; and Section 5-203.13, 2017 FDA Food Code from Black Magic Pizza LLC located in Orlando. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers and employees and the requirement that at least one service sink is provided for the cleaning of mops or similar cleaning tools and the disposal of mop water. They are requesting to share the bathrooms and mop sink located within a nearby establishment under a different ownership for use by customers and employees.

The Petition for this variance was published in Vol. 49/221 on November 14, 2023. The Order for this Petition was signed and approved on November 20, 2023. 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 the bathrooms and mop sink located within Whiskey Lou's Lounge (Whiskey Lou's Bumby LLC), are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure that directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Black Magic Pizza (Black Magic Pizza LLC) and/or Whiskey Lou's Lounge (Whiskey Lou's Bumby LLC), changes, an updated signed agreement for use of the bathroom and mop sink facilities will be required immediately.

A copy of the Order or additional information may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.