The Department received an Emergency Variance on August 22, 2016 from Grab and Go Home Cooking, LLC located in Tallahassee “(1) to re- open its doors: (2) to “grandfather” Grab and Go into the restaurant industry due to that fact that Domino’s Pizza ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Hotels and Restaurants

RULE NO.:RULE TITLE:

61C-1.002Licensing and Inspection Requirements

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

The Department received an Emergency Variance on August 22, 2016 from Grab and Go Home Cooking, LLC located in Tallahassee “(1) to re- open its doors: (2) to “grandfather” Grab and Go into the restaurant industry due to that fact that Domino’s Pizza was allowed to operate at 4019 Fred George Road; (3) to grant Grab and Go a limited period of not more than 120 days to install any additional septic tank capacity once the city health department makes its final determination of the size septic tank that can be housed in behind 4019 Fred George Road and Grab and Go’s septic tank installers can ascertain the its location on the site and its feasibility from an engineering design standpoint.” without wastewater or sewage properly treated on site or discharged into an approved sewage collection and treatment system per Florida Statute 509.221(b), without Department of Health approval for the septic systems for plan approval as per subparagraph, 61C-1.002(5)(c)3, Florida Administrative Code, without approved plumbing as per paragraph 61C-1.004(1)(a), Florida Administrative Code and Section 5-202.11(A), 2009 FDA Food Code and without at least one accessible bathroom, that also meets the previously cited sewerage requirements, located on the same level provided for use by customers as per subsection 61C-4.010(7), Florida Administrative Code.

The above referenced Statute, Rule and Code verbiage addresses the requirement for sewerage to be disposed of per law and for there to be a publically accessible bathroom for patrons that also meets the previously cited sewerage requirements.

The Petition for this variance was published in Vol. 42, No. 174, F.A.R., on September 7, 2016. After a complete review of the variance request, the Division finds that concludes that the Petitioner’s request for variance or waiver cannot be granted under the provisions of Section 120.54(2), Florida Statutes, as the Division lacks the authority to do so; that granting this variance or waiver in its current format would create an undesirable precedent whereupon the requirements for proper and safe disposal and treatment of sewage can be avoided by any operator in similar circumstances; that granting this variance would be inconsistent with the principles of public safety and sanitation articulated in 509.032(e)(1), F.S., for public food service establishments enforced by the Division.

A copy of the Order or additional information may be obtained by contacting: [e-mail], Division of Hotels and Restaurants, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.