NOTICE IS HEREBY GIVEN that on June 26, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The department received an Emergency Variance for subsections 61C-4.010(6), 61C-4.010(7), and paragraph 61C-1.004(2)(a), Florida Administrative Code, Section 509.221(1)(b), Florida Statutes and Section 6-402.11, 2001 FDA Food Code from Mamma Che Buono located in West Palm Beach. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom must be provide for use by customers and employees. They are requesting to utilize public bathrooms located on the same level over 300 feet away for customers and employees.
Notice of this petition was filed and published in Vol. 35, No. 26, July 2, 2009 of the Florida Administrative Weekly. The variance was approved on June 26, 2009, contingent upon the Petitioner ensuring the public bathrooms located within the mall are maintained in a clean and sanitary manner and are provided with hot and cold running water under pressure, soap, approved hand drying devices, and available during all hours of operation. The Petitioner shall also ensure directional signage is installed at the establishment clearly stating the location of the bathrooms. If the operational status of or access to the public bathrooms change, updated information for use of the bathroom facilities is required immediately. 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, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.