Fort Walton Beach Ordinance — 1854 - dog friendly dining — reading text

NF,AL7) 1 1J. 1TG ORDINANCE NO. 1854 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 19 ENTITLED SUPPLEMENTAL STANDARDS" OF THE LAND DEVELOPMENT CODE, BY CREATING ARTICLE 19. 40, ENTITLED " DOG FRIENDLY DINING; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority The authority for enactment of this ordinance is pursuant to section 2 of the City Charter of the City of Fort Walton Beach, and sections 166. 021( 1) and 509. 233 of the Florida Statutes. Section 2. Purpose and Intent The purpose of this ordinance is to exempt by permit public food service establishments from certain portions of the State of Florida' s Food Code in order to allow patrons' dogs within designated outdoor portions of their respective establishments. Section 509.233 of the Florida Statutes authorizes local governments to adopt an ordinance establishing a local exemption to certain provisions of general law and agency rules relating to public food service establishments to permit patrons' dogs at certain designated outdoor portions of such establishments. The City Council recognizes the demand for such establishments and hereby finds and determines that this ordinance is in the best interest of the public health, safety, and welfare, and is consistent with the applicable provisions of the City' s Land Development Code. Section 3. Amendment of Chapter 19 to create Section 19. 40 " Dog Friendly Dining" The City Land Development Code is hereby amended as follows: Sec. 19. 40. 1 Enactment; Definitions. Al Pursuant to section 509 233( 2) Florida Statutes there is hereby created in the City of Fort Walton Beach. Florida. a local exemption procedure to certain Provisions of the United States Food and Drug Administration Food Code as amended from time to time and as adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation in order to allow patrons' dos within certain designated outdoor portions of public food service establishments which exemption procedure may be known as the City of Fort Walton Beach Dog Friendly Dining Program B) As used in this section 1) " Division" means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation 2) " Dog" means an animal of the subspecies Canis luaus Lamiliaris 3) " Outdoor area" means an area adjacent to a public food service establishment that is predominantly or totally free of any physical barrier on all sides and above  4) ` Patron" has the meaning given to " quest" by section 509. 013. Florida Statutes 5) " Public food service establishment" has the meaning given it by section 509.013, Florida Statutes. 6) " City" means the staff position or department designated by the City Manager to perform the necessary functions contained in this section permit issued in accordance with this part B) Applications for a permit under this part shall be made to the City, on a form provided for such Pumose by the City, and shall include along with any other such information deemed reasonably necessary by the City to implement and enforce the provisions of this part the followmg: 1) The name, mailing address and telephone contact information of the Permit applicant and the subject food service establishment 2) A diagram and description of the outdoor area to be designated as available to patrons' des, including dimensions of the designated area; a depiction of the number and placement of tables, chairs and restaurant equipment if any- the entryways and exits to professional. 3) A description of the days of the week and hours of operation that patron' does will be permitted in the designated outdoor area 4) All application materials shall contain the appropriate division issued license number for the subject public food service establishment following requirements 1) All public food service establishment employees shall wash their hands promptly after touching, petting or otherwise handling any dog Employees shall be prohibited from touching, petting or otherwise handling any dog while serving food or beverages or  handling tableware or before entering other parts of the public food service establishment. 2) Patrons in a designated outdoor area shall be advised that they should wash their hands before eating Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. 3) Emplovees and patrons shall be instmcted that they shall not allow dogs to come into contact with serving dishes utensils tableware linens paper products or any other items involved in food service operations 4) Patrons shall keep their dogs on a leash at all times and shall keep their dos under reasonable control. 5) Dogs shall not be allowed on chairs tables or other fumishings ti All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons Spilled food and drink shall be removed from the floor or ground between seating of patrons 7) Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product A kit with the appropriate materials for this pumose shall be kept near the designated outdoor area 8) At least one sign reminding employees of the applicable rules including those curtained in this part and those additional roles and re ulations if any, included as further conditions of the permit by the City, shall be posted in a conspicuous location frequented by employees within the public food service establishment The mandatory sign shall be not less than eight and one half inches in width and eleven inches in height 8 '/ x 11) and printed in easily legible typeface of not less than twenty ( 20) noint font size. 9) At least one sign reminding patrons of the applicable mles includin2 those contained in this part and those additional rules and regulations if any, included as further conditions of the permit by the City, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment The mandatory sign shall be not less than eight and one half inches in width and eleven inches in height ( 8 / x 11) and printed in easily legible typeface of not less than twenty (20) point font size 10) At all times while the designated outdoor portion of the Public food service establishment is available to Patrons and their dogs at least one sign shall be Posted in a conspicuous and public location near the entrance to the designated outdoor Portion of the Public food service establishment the Purpose of which shall be to place patrons on notice that the designated outdoor portion of the Public food service establishment is currently available to Patrons accompanied by their dog or dogs The mandatory sign  shall be not less than eight and one -half inches in width and eleven inches in height ( 8 / x 11) and printed in easily legible typeface of not less than twenty (20) point font size establishment. B A Permit issued Rursuant to this Put shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment but shall expire automatically upon such pursuant to this part D) Any Public food service establishment that fails to comply with the ref u 1 quirements othis part law. Section 4. Repeal of Conflicting Provisions In the event any ordinance or parts of ordinances are in conflict with any other provision of the Code, the provisions of this Ordinance shall prevail. Section 5. Severability Should any provision or portion of any provision in this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions thereof. Section 6. Effective Date This Ordinance shall take signature of the Mayor. effect immediately upon approval by the City Council and 99J , 2011. 04- 4L- Adopted Mike Anderson, Mayor Attest: Approved for form and legal sufficiency. Helen Spencer, Ci Clerk Now language is underlined; deleted languag Uooitrcatron instructions: Sections 1, 2, 4, 5, & 6 are not codified. Section 3 is codified as amendments to Chapter 19 as stated.  a wrm CITY OF FORT WALTON BEACH, FLORIDA NOTICE OF PUBLIC HEARING NOrAll OF PUBLIC HPMIND A PUBLIC HEARING will be held on the following proposed ordinance at 6: 00 P. M. Or A PDeuc HENnING Tuesday, October 25, 2011, in the Council Chamber at Fort Walton Beach City Hall "' n " a " B" In Ms Me 107 Miracle Strip Parkway, SW, at which time the City Council will consider its adoptior norm maana xnnpo oo p.m. p.. onaanon into law. The ordinance in its entirety may be inspected at the Office of the City C erF ml, In arcii during regular working hours. All interested parties may appear at the meeting and be m1, Incl° r heard with respect to this proposed ordinance. for all." Saw Prk- way, SW, x attlai tlmn to Coy Connell vxl coneMer IN adopnon ORD. 1854 inM Ina. Tho adilNrMa In As x' " M M AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING o' Ow atl a in. a Ne Clry CAwk lx'g FOR AUTHORITY; AMENDING CHAPTER 19 ENTITLED " SUPPLEMENTAL u° p Drano STANDARDS" OF THE LAND DEVELOPMENT CODE, BY CREATING ARTICLE x=•• b`be Wood 19.40, ENTITLED " DOG FRIENDLY DINING;" PROVIDING FOR SEVERABILITY ANCp"BP,xBdln, PROVIDING AN EFFECTIVE DATE. i° p1b OIBU 1861 Any person who decides to appeal any decision made with respect to any Mattel THE ORDINANCE