NOTICE IS HEREBY GIVEN that on April 15, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The department received an Emergency Variance Request on March 30, 2009, from Section 509.221(1)(b), Florida Statutes, paragraph 61C-1.004(2)(a), subsections 61C-4.010(7) and 61C-4.010(6), F.A.C., and Section 6-402.11, 2001 FDA Food Code for the Gourmet Hut located in St. Augustine. The above referenced F.A.C. addresses the requirement for establishments to provide an accessible bathroom for customers and employees. They were requesting to utilize public bathrooms located within 300 feet for customers and sharing separate employee bathroom facilities with adjacent businesses.
Notice of this petition was filed and published in Vol. 35, No. 13 on April 3, 2009 of the Florida Administrative Weekly. The variance was approved on April 15, 2009, contingent upon the Petitioner ensuring the bathrooms used by employees located within the shared storage and bathroom building and public bathrooms located within 300 feet used by customers are maintained in a clean and sanitary manner and are provided with cold running water under pressure in the public bathroom and both hot and cold running water under pressure in the employee bathroom, 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 customer bathrooms. If the sharing agreement for the bathroom and storage building changes, an updated signed agreement for use of the employee bathroom facilities is required. 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, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.