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 July 29, 2009, the Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants has issued an order.
The Department received a Petition on July 21, 2009 for a Routine Variance for subsection 61C-4.010(5), Florida Administrative Code, Paragraph 4-301.12(A), 2001 FDA Food Code, Paragraph 5-204.11(A), 2001 FDA Food Code and subsection 61C-1.004(1), Florida Administrative Code, from Best Western University Inn located in Boca Raton. The above referenced F.A.C. addresses the requirement that each establishment have facilities for washing, rinsing and sanitizing dishes and utensils and an accessible hand wash sink in the food preparation area. They are requesting to utilize the food preparation area, dishwashing facility and hand wash sink located within another licensed establishment.
This variance request was published in Vol. 35, No. 31, August 7, 2009, and approved contingent upon the Petitioner ensuring the three-compartment sink and food preparation are located within Bentley’s Seafood & Grill Restaurant are 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 owner of Bentley’s Seafood & Grill Restaurant (First Nova Star Enterprises, LLC) changes, an updated signed agreement for use of the three-compartment sink and food preparation are 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: Lydia.Gonzalez@dbpr.state.fl.us, Division of Hotels and Restaurants, 1940 North Monroe Street, Tallahassee, Florida 32399-1011.