The department received an Emergency Variance for Section 509.221(1)(b), Florida Statutes, paragraph 61C-1.004(2)(a), subsections 61C-4.010(6) and 61C-4.010(7), Florida Administrative Code, and Section 6-402.11, 2001 FDA Food Code from Augustina’s ...

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

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

NOTICE IS HEREBY GIVEN that on May 04, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The department received an Emergency Variance for Section 509.221(1)(b), Florida Statutes, paragraph 61C-1.004(2)(a), subsections 61C-4.010(6) and 61C-4.010(7), Florida Administrative Code, and Section 6-402.11, 2001 FDA Food Code from Augustina’s Taste of Chicago located in Naples. The above referenced F.A.C. addresses the requirement that an accessible bathroom must be provided for both customers and employees. They are requesting to share bathroom facilities with another nearby establishment within the same mall.
Notice of this petition was filed and published in Vol. 35, No. 17, May 1, 2009 of the Florida Administrative Weekly. The variance was approved on May 4, 2009, contingent upon the Petitioner ensuring the shared bathrooms located within Cheeburger Cheeburger are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, and 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 Cheeburger Cheeburger changes, an updated signed agreement for use of the bathroom facilities is required. Any violation of the variance is the equivalent of a violation of the rule and may result in a rescission of the variance and subject the Petitioner to disciplinary sanctions as enumerated in Section 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.