The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On May 2, 2011, the Department received a Petition for a Routine variance for subsection 61C-4.010(7), Florida Administrative Code and subsection 61C-4.010(6), Florida Administrative Code from Gigi located in Miami. 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 utilize bathrooms located within another licensed food service establishment under the same ownership.
The Petition was published in Vol. 37, No. 19 on May 13, 2011. The Order for this Petition was signed in May 31, 2011 and 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 the existing Gigi kitchen are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and 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 the existing Gigi kitchen changes, a 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:
Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.