Notice of Variances and Waivers

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO: RULE TITLE
61C-4.010: Sanitation and Safety Requirements
NOTICE IS HEREBY GIVEN that on February 01, 2008, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
NOTICE WAS HEREBY GIVEN that on January 16, 2008, for a Routine Variance for Chapters 61C-4.010(7) and 61C-4.010(5); Florida Administrative Code from Sunside Café located in Destin. The above referenced F.A.C.s state that all bathrooms shall be of easy and convenient access to both patrons and employees and Chapter four in the 2001 Federal Food and Drug Administration (FDA) Food Code. The Chapters in the 2001 FDA Food Code refer to required equipment in food service establishments. The Petitioner is requesting to share bathrooms; warewashing facilities and service sink equipment with a licensed food service establishment on the same premises but with separate ownership.

This variance request was approved and is contingent upon the Petitioner ensuring a sufficient number of three-compartment sinks or mechanical warewashing machines for washing, rinsing, and sanitizing equipment and utensils for Sunside Café and Copper Grill. The Petitioner may use the mop sink located in Copper Grill as long as it is equipped with a floor drain for the disposal of mop water and similar liquid waste and it is sufficient to keep both the facility’s floors clean from food and dust debris. Approval is also contingent upon the Petitioner ensuring the bathrooms located inside of the Copper Grill are functional, has hot and cold running water at all times, provided with soap and an approved method to dry hands, kept in a clean and sanitary manner, 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 operating hours or accessibility for Copper Grill changes, this variance request will be re-evaluated. All provisos shall be met prior to final licensing. 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 Sec. 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: Xenia.Bailey@dbpr.state.fl.us