The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants on December 23, 2010 hereby gives notice:
The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order. The Department received a Petition for an Emergency Variance on November 10, 2010 for paragraph 61C-1.004(2)(a), Florida Administrative Code, subsection 61C-4.010(7), Florida Administrative Code, subsection 61C-4.010(6), Florida Administrative Code, and Section 6-402.11, 2001 FDA Food Code from China Broadway located in West Palm Beach. The above referenced F.A.C. addresses the requirements the requirement that at least one accessible bathroom be provided for use by customers and employees. They are requesting to share bathroom facilities with an adjacent laundry establishment under the same ownership.
The Petition was published in Vol. 36/48 on December 3, 2010 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 La Raca Coin Laundry are maintained in a clean and sanitary manner and are provided with hot and 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 La Raca Coin Laundry changes, a signed agreement for use of the bathroom facilities is 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.