NOTICE IS HEREBY GIVEN that on January 14, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Routine Variance from subsections 61C-4.010(7) and 61C-4.010(6), Florida Administrative Code for Moe’s Southwest Grill located in Orlando. 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… Specifically, the proposed establishment requests to use bathrooms located on a different floor than the restaurant for both customers and employees.
This variance was approved contingent upon the Petitioner ensuring the public bathrooms located on the first level are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, employee hand washing signage, are available during all hours of operation and are located no more than 170 feet from the establishment clearly stating the location of the bathrooms. Petitioner will be licensed for 62 seats, if the circumstances governing access to the public bathrooms change, this variance approval will be revisited. 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 Section 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: Rhonda.Steele@dbpr.state.fl.us.