an Emergency Variance for subsection 61C-4.010(7), Florida Administrative Code, from Roly Poly Sandwiches located in Fort Myers. The above referenced F.A.C. states, “…each public food service establishment shall maintain a minimum of one public ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants

NOTICE IS HEREBY GIVEN that on July 20, 2006, the Division of Hotels and Restaurants, received a petition for an Emergency Variance for subsection 61C-4.010(7), Florida Administrative Code, from Roly Poly Sandwiches located in Fort Myers. The above referenced F.A.C. states, “…each public food service establishment shall maintain a minimum of one public bathroom for each sex, properly designated….” They are requesting a variance to add an additional four (4) seats for a total of fourteen (14) seats which exceeds the seating capacity with only one accessible bathroom facility accessible to customers.
This variance request was approved August 8, 2006 and is contingent upon Petitioner ensuring the public bathroom inside Roly Poly Sandwiches is functional, has hot and cold running water at all times, provided with soap and an approved method to dry hands, and kept in a clean and sanitary manner. Seating shall not exceed fourteen (14) which includes inside and outside seating. 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 Sec. 509.261, Florida Statutes.