The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants on January 3, 2011 hereby gives notice:
The Department received a Petition for a Routine Variance on November 24, 2010 for paragraph 61C-1.004(1)(a), Florida Administrative Code and Paragraph 5-202.11(A), 2001 FDA Food Code from McCoy’s Bar & Grill located in Orlando. The above referenced F.A.C. addresses the requirements that each establishment have an approved plumbing system installed to transport water and to collect wastewater. They are requesting to utilize holding tanks to provide potable water and to collect wastewater.
The Petition was published in Vol. 36, No. 50 on December 17, 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 wastewater holding tanks for the sinks are emptied at a frequency as to not create a sanitary nuisance; potable water provided must come from an approved source and be protected from contamination during handling. Petitioner shall also ensure the handwash sink is provided with hot and cold running water under pressure, soap, employee handwashing signage and an approved hand drying device.
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.