On May 14, 2015 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), Florida ...

 

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 May 14, 2015 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for paragraph 61C-1.004(2)(a), F.A.C., subsection 61C-4.010(7), F.A.C., subsection 61C-4.010(6), F.A.C., and Section 6-402.11, 2009 FDA Food Code from Jackies Sandwiches located in Vero 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 different ownership for use by both customers and employees.

The Petition for this variance was published in Vol. 41/92 on May 12, 2015. The Order for this Petition was signed and approved on May 19, 2015. 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 Jackie's Food Mart are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, hand wash sign, 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 Jackie’s Food Mart (Jackie’s Food Mart, Inc., Alsayed, Wafa) 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.