NOTICE IS HEREBY GIVEN that on November 26, 2008, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The department received an Emergency Variance for subsection 61C-4.010(6), Florida Administrative Code, from Portofino located in Port Charlotte. 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…Studs, joists, and rafters may not be exposed in areas subject to moisture. Specifically, the Petitioner requests to operate with exposed studs, joists or rafters in an indoor bar that has recently been added to an existing establishment.
This variance was approved contingent upon the Petitioner having exposed studs, joists or rafters in the new inside bar ceiling only. 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, etc. If the surface of the studs, joists or rafters or the surface between these structures become weathered and/or cracked rendering them uncleanable, the variance will be rescinded and a properly finished ceiling will be required. Any violation of the variance is 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.