On April 3, 2019 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 61C-4.010(7) Florida Administrative Code and Paragraph 61C-4.010(6), Florida Administrative Code from A1A Burrito Works Inc. located ...  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    Division of Hotels and Restaurants

    RULE NO.:RULE TITLE:

    61C-4.010Sanitation and Safety Requirements

    The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:

    On April 3, 2019 the Division of Hotels and Restaurants received a Petition for an Emergency Variance for subsection 61C-4.010(7) Florida Administrative Code and subsection 61C-4.010(6), Florida Administrative Code from A1A Burrito Works Inc. located in Flagler Beach. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom be provided for use by customers. They are requesting to share the bathrooms located within a nearby establishment under a different ownership for use by customers only.

    The Petition for this variance was published in Vol. 45/142 on July 23, 2019. The Order for this Petition was signed and approved on July 31, 2019. 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 Whaam! (400 S Oceanshore Blvd Flagler Beach, FL 32136), 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 that directional signage is installed within or outside the establishment clearly stating the location of the bathrooms. If the ownership of A1A Burrito Works (A1A Burrito Works Inc.) and/or Whaam! (The Cole and Oliver Co LLC) changes, an updated signed agreement for use of the bathroom facilities will be required immediately.

    A copy of the Order or additional information may be obtained by contacting: Daisy.Lee@myfloridalicense.com,

    Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.

Document Information

Contact:
Daisy.Lee@myfloridalicense.com Division of Hotels and Restaurants 2601 Blair Stone Road Tallahassee, Florida 32399-1011
Related Rules: (1)
61C-4.010. Sanitation and Safety Requirements