The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants on December 29, 2010 hereby gives notice:
The Department received a Petition for an Emergency Variance on December 14, 2010 for paragraph 61C-1.004(2)(a), subsections 61C-4.010(6), (7), Florida Administrative Code and Section 6-402.11, 2001 FDA Food Code from The Healthy Bagel Company, Jacksonville, FL. 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 the bathrooms located within another licensed establishment for use by both customers and employees.
The Petition was published in Vol. 36, No. 51 on December 23, 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 Gates Stores are maintained in a clean and sanitary manner, have hot and cold running water under pressure, soap, approved hand drying devices and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed in the establishment clearly stating the location of the bathrooms. If the ownership of The Gates Store changes (Gates Petroleum Company), an updated 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.