On June 27, 2016 the Division of Hotels and Restaurants received a Petition for a Routine 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 June 27, 2016, the Division of Hotels and Restaurants received a Petition for a Routine 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, Section 6-402.11, 2009 FDA Food Code, paragraph 61C-1.004(1)(a), Florida Administrative Code, and Section 5-203.13, 2009 FDA Food Code from Neighbors Artisan Taqueria located in Deland. 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 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 bathrooms located within a nearby establishment under a different ownership for use by customers and employees and to share the mopsink located in the same nearby establishment.

The Petition for this variance was published in Vol. 42, No. 125, F.A.R., on June 28, 2016. The Order for this Petition was signed and approved on July 6, 2016. 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 bathooms and mopsink located within Florida Victorian Architectural Antiques are maintained in a clean and sanitary manner and are available during all hours of operation. The Petitioner shall also ensure that the handsink and mopsink are provided with hot and cold running water under pressure, that the handsink is provided with soap and approved hand drying devises and that directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of Menage A Taco, LLC or Florida Victorian Architectural Antiques changes, an updated signed agreement for use of the bathroom and mopsink facilities will be 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 Rd., Tallahassee, Florida 32399-1011.