NOTICE IS HEREBY GIVEN that on February 08, 2010, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received an Emergency Variance request on January 27, 2010 for Section 509.221(1)(b), Florida Statutes, paragraph 61C-1.004(2)(a) and subsections 61C-4.010(6), (7), 61C-4.010(6), Florida Administrative Code, and Section 6-402.11, 2001 FDA Food Code from Yogurbella, Naples, FL. The above referenced F.A.C. addresses the requirement that at least one accessible bathroom on the same level be installed within the establishment for use by customers. They are requesting to utilize public bathrooms located on another level less than 300 feet away for customers.
The variance request was published in Vol. 36, No. 6, 2/12/10 and approval is contingent upon the Petitioner ensuring the public bathrooms located on the 2nd Floor of The Mercato Mall are maintained in a clean and sanitary manner and are provided with cold running water under pressure, soap, approved hand drying devices, and are available during all hours of operation. The Petitioner shall also ensure directional signage is installed within and outside the establishment clearly stating the location of the bathrooms. If the circumstances governing access to the public bathrooms change, this variance approval will be revisited.
A copy of the Order may be obtained by contacting: Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.