Notice of Variances and Waivers

Division of Hotels and Restaurants
61C-4.010: Sanitation and Safety Requirements
The Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants hereby gives notice:
On October 27, 2011, the Division of Hotels and Restaurants received a Petition for an Emergency Variance for Paragraph 4-301.12(A), 2001 FDA Food Code and subsection 61C-4.010(5), Florida Administrative Code, from Lauderdale Tennis Club, Ft. Lauderdale, FL. The above referenced F.A.C. addresses the requirement that dishwashing facilities for manually washing, rinsing and sanitizing equipment and utensils are provided. They are requesting to utilize dishwashing facilities located within another licensed establishment located on the same property and under the same ownership.
The Petition for this variance was published in Vol. 37, No. 45 on November 10, 2011. The Order for this Petition was signed on November 17, 2011, and after a complete review of the variance request, the Division finds that the application of this rule will create a financial hardship to the food service establishment. Furthermore, the Division finds that the Petitioner meets the burden of demonstrating that the underlying statute has been achieved by the Petitioner ensuring the dishwashing area located within Lauderdale Tennis Club (SEA1617408) is maintained in a clean and sanitary manner and all sinks are provided with hot and cold running water under pressure and available during all hours of operation. If the ownership of Lauderdale Tennis Club (SEA1617408) changes, the division must be notified immediately and a written agreement provided.
A copy of the Order or additional information may be obtained by contacting:, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.