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 December 30, 2008, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants received a Routine Variance Request for subsection 61C-4.010(6), Florida Administrative Code, on October 3, 2008, from The Roll Bar located in Orlando. The above referenced F.A.C. states… the physical facilities at public food service establishments shall be subject to the provisions of Chapter 6, Food Code…. Specifically, the Petitioner requests to have exposed joists in the ceiling of the inside bars.
This variance request was approved contingent upon the Petitioner having a limited menu in the inside bars where there are exposed studs, joists or rafters. The studs, joists and rafters shall be smooth, nonabsorbent, easily cleanable and maintained in good repair. Food preparation is limited to drink preparation only including the scooping of ice; there will be no other food service activities including slicing of fruit, shucking, peeling, warewashing, or cooking. Only single-service items may be utilized for bar customers. If the surface of the studs, joists or rafters is not maintained, the variance will be rescinded and a properly finished ceiling will be required. 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 Section 509.261, Florida Statutes.
A copy of the Order may be obtained by contacting: Rhonda.Steele@dbpr.state.fl.us.