On February 08, 2013 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 February 8, 2013 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-1.004(2)(a), Florida Administrative Code, Subsection 61C-4.010(7), Florida Administrative Code, Subsection 61C-4.010(6), Florida Administrative Code, and Section 6-402.11, 2009 FDA Food Code from Hola Cuban Cafe located in Fernandina Beach. 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 share the bathrooms located within an adjacent establishment under a different ownership for use by both customers and employees.
The Petition for this variance was published in Vol. 39/31 on February 14, 2013. The Order for this Petition was signed and approved on February 20, 2013. 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 located within The Palace Saloon (Big Shef Inc., BEV5500058) 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 directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of The Palace Saloon (Big Shef Inc.) changes, an updated, signed agreement for use of the bathroom 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.