The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
That on May 2, 2011, the Department received a Petition for an Emergency Variance for subsection 61C-4.010(6), Florida Administrative Code and Section 6-201.18, 2001 FDA Food Code, Paragraph 61C-1.004(2)(a), Florida Administrative Code, subsection 61C-4.010(7), Florida Administrative Code, and Section 6-402.11, 2001 FDA Food Code from Tea & Wine Loft LLC located in Ft. Myers. The above referenced F.A.C. addresses the requirement that studs, joists and rafters may not be exposed in areas subject to moisture and that at least one accessible bathroom on the same level be provided for use by customers and employees. They are requesting to operate with exposed studs, joists or rafters in food preparation areas and utilize bathrooms for customers and employees located on a different level.
The Petition was published in Vol. 37, No. 19 on May 13, 2011. The Order for this Petition was signed on May 19, 2011 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 public bathrooms located on the first level are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within the establishment clearly stating the location of the bathrooms. Petitioner shall also maintain a routine cleaning regimen to preclude the accumulation of dust, dirt or other debris on the ceiling that could cross contaminate food or food-contact surfaces and shall notify the Division immediately if the ownership or operation of this establishment changes.
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.