NOTICE IS HEREBY GIVEN that on July 29, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received on May 4, 2009 a Petition for a Routine Variance for subsections 61C-4.010(7) and 61C-4.010(6), Florida Administrative Code, from New China Restaurant located in Miami. The above referenced F.A.C. addresses the requirement that customer bathrooms be of easy and convenient access. They are requesting to utilize a bathroom for customer use that has a travel distance over 300 feet.
Notice of this petition was filed and published in Vol. 35, No. 19, May 15, 2009, of the Florida Administrative Weekly. The variance was approved on July 29, 2009, contingent upon the Petitioner ensuring the travel path to the rear of the establishment is accessible and the bathroom located within the rear of the establishment is maintained in a clean and sanitary manner and is provided with hot and cold running water under pressure, soap, approved hand drying devices, and available during all hours of operation. Access to the rear bathroom cannot be through a food preparation, food storage or warewashing area. The Petitioner shall also ensure directional signage is installed in the establishment clearly stating the location of and travel path to the bathroom. If the access to the bathroom changes, updated information for use of the bathroom is required immediately. 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: Lydia E.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.