On November 20, 2012 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

RULE NO.: RULE TITLE:
61C-4.010: Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On November 20, 2012 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(2)(a), Florida Administrative Code, subsection 61C-4.010(7), Florida Administrative Code, subsection 61C-4.010(6), Florida Administrative Code, Section 6-402.11, 2001 FDA Food Code, Paragraph 61C-1.004(1)(a), Florida Administrative Code, and Section 5-203.13, 2001 FDA Food Code from Fat Boys BBQ located in St. Cloud. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers and employees and that each establishment have at least one service sink for the cleaning of mops or similar cleaning tools and the disposal of mop water. They are requesting to share mop sink and bathroom facilities with an adjacent business for use by both customers and employees.
The Petition for this variance was published in Vol. 38/77 on November 26, 2012. The Order for this Petition was signed on December 03, 2012 and 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 the Hitching Post are maintained in a clean and sanitary manner and have hot and cold running water under pressure. The bathroom handwash sink must have soap, approved hand drying devices and be available during all hours of operation. The Petitioner shall also ensure directional signage is installed in the establishment clearly stating the location of the bathrooms. If the ownership of the Hitching Post changes, an updated, signed agreement for use of the bathroom facilities and mop sink 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.