Fort Walton Beach Ordinance — 1764 Yappy Hour Act - Dog Restaurant — reading text

1st 2nd Page 1 of5 ORDINANCE 1764 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING SECTION 12. 73, MISCELLANEOUS PROVISIONS, OF THE LAND DEVELOPMENT CODE, BY CREATING ARTICLE 12. 743, ENTITLED THE YAPPY HOUR ACT;" CREATING, PURSUANT TO SECTION 509. 223, FLORIDA STATUTES, 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; PROVIDING FOR IMPLEMENTATION, ENFORCEMENT PROCEDURES, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 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 ( 2007). SECTION 2. PURPOSE AND INTENT. Section 509. 233, of the Florida Statutes ( 2007), 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. It is the purpose of this ordinance to take advantage of the 3- year pilot program established by section 509. 223, Florida Statutes, by permitting public food service establishments in the City of Fort Walton Beach, subject to the terms of this ordinance, to become exempt from certain portions of the State of Florida' s Food Code to allow patrons' dogs within certain designated outdoor portions of their respective establishments. It is the intent of the City Council to recognize that the animal subspecies Canis lupus familiaris has, since time immemorial, demonstrated a unique capacity for loyalty, devotion, love, friendship, compassion, and service to humankind, and have earned the colloquial sobriquet of Man' s Best Friend." The City Council 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. ENACTMENT OF CHAPTER 12. 743, ENTITLED THE YAPPY HOUR ACT. The City' s Land Development Code is hereby amended by adding a new section 12. 743, to be entitled the The Yappy Hour Act, as follows. Sec. 12. 743. 00 Title This section shall be referred to as the Yappy Hour Act.  Page 2 of5 Sec. 12. 743. 01 Enactment: Definitions. a) 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' dogs 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 lupus familiaris. 3) " Outdoor area" means an area adiacent 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 " guest" by section 509. 013. Florida Statutes. 5) " Public food service establishment" has the meaning given it by section 509. 013. Florida Statutes. 6) " Community Development Services Director" has the meaning given it by Chapter 2.14. Fort Walton Beach Code of Ordinances. Sec. 12. 743. 02. Permit Required: Submittals. a) To protect the health. safety. and general welfare of the public. a public food service establishment is prohibited from having any dog on its premises unless it possesses a valid permit issued in accordance with this part. b) Applications for a permit under this part shall be made to. the Community Development Services Director. on a form provided for such purpose by the Community Development Services Director. and shall include. along with any other such information deemed reasonably necessary by the Community Development Services Director to implement and enforce the provisions of this part. the following: 1) The mailing address. and telephone contact information of the permit name. applicant and the subiect food service establishment. 2) A diagram and description of the outdoor area to be designated as available to patrons' dogs. including dimensions of the designated area; a depiction of the number and placement of tables. chairs. and restaurant equipment. if any; the entrvways and exits to the designated outdoor area; the boundaries of the designated area and of any other areas of outdoor dining not available for patrons' dogs; any  Page 3 of5 fences or other barriers; surrounding property lines and public rights- of-way. including sidewalks and common pathways; and such other information reasonably required by the Community Development Services Director. The diagram or plan shall be accurate and to scale but need not be pre? ared by a licensed design professional. 3) A descri? tion of the days of the week and hours of operation that patron' dogs will be permitted in the designated outdoor area. 4) All application materials shall contain the appropriate division issued license number for the subiect public food service establishment. Sec. 12. 743. 03. General Re2ulations: Cooperation: Enforcement: Penalty. a) In order to protect the health. safety. and general welfare of the public. and pursuant to section 509. 233. Florida Statutes. all permits issued pursuant to this part are subiect to the 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) Employees and patrons shall be instructed 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 dogs under reasonable control. 5) Dogs shall not be allowed on chairs. tables. or other furnishings. 6) 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 purpose shall be kept near the designated outdoor area. 8) At least one sign reminding employees of the a? plicable rules. including those contained in this part. and those additional rules and regulations. if any. included as  Page 4 of5 further conditions of the permit by the Community Development Services Director. 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 12 x 11) and printed in easily legible typeface of not less than twenty (20) point font size. 9) At least one sign reminding patrons of the applicable rules. including those contained in this part. and those additional rules and regulations. if any. included as further conditions of the permit by the Community Development Services Director. shall be osted 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 12 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 12 x 11) and printed in easily legible typeface of not less than twenty ( 20) point font size. 11) Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment. and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment. b) A permit issued pursuant to this part 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 sale or transfer. The subsequent owner shall be required to reapply for a permit pursuant to this part if such owner wishes to continue to accommodate patrons' dogs. c) In accordance with section 509. 233( 6). Florida Statutes. the Community Development