On December 5, 2018 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Subparagraph 61C-1.004(1)(a), Florida Administrative Code and Section 5-203.13, 2009 FDA Food Code from Icy-N-Spicy LLC located in Miami ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.004General Sanitation and Safety Requirements

The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice: On December 5, 2018 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(1)(a), Florida Administrative Code and Section 5-203.13, 2009 FDA Food Code from Icy-N-Spicy LLC located in Miami Beach. The above referenced F.A.C. addresses 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 mop sink located on the premises of a nearby business under a different ownership.

The Petition for this variance was published in Vol. 44/236 on December 6, 2018. The Order for this Petition was signed and approved on December 14, 2018. 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 mop sink located on the premises of The Carlyle Cafe, 1250 Ocean Dr. Miami Beach, FL 33139, is maintained in a clean and sanitary manner and is provided with hot and cold running water under pressure. If the ownership of Icy-N-Spicy (Icy-N-Spicy LLC) and/or The Carlyle Cafe (1250 Ocean Dr LLC) changes, a signed agreement for use of the 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, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.