Fort Walton Beach Council agenda — 06-17-08 special agenda — reading text

pilot program authorizing local governments to adopt an ordinance establishing a local exemption to certain provisions and rules relating to public food service establishments. This pilot program allows patrons' dogs at certain designated outdoor portions of establishments permitted under the newly established procedures. Each local government may adopt an amendment to its LDC in order to establish the exemption. Attached hereto, is an amending ordinance creating the pilot program for the City of Fort Walton Beach whose title is the "Yappy Hour Act." PROCESS: 1S N rn y r c P is q d o a b 3 w is a SO r, o a, tri as i3 0• y Ctl ° Ols X71 w q Ou 8. 41 2x N qyx M 00 v x The review process for Ordinance 1764 requires two ( 2) public hearings before the city council that has final authority. The municipal planning board will consider the request at their June 5, 2008 regular meeting. There is no state or city requirement to advertise or notice the MPB review. The city council will review the amendment on first reading and the second reading public hearing will be noticed by advertising the required notice in the Daily News ten ( 10) days before the final public hearing. The notice shall include the title of the amending ordinance, the day, time and place at which the public hearing will be held and where copies of the ordinance may be inspected by the public prior to the final second reading pubic hearing. The city clerk is responsible for the execution of the notice of public hearing requirements. ORDINANCE 1764 " YAPPY HOUR ACT" DOG FRIENDLY DINING PROGRAM; Ordinance 1764 creates Article 12. 743. 00 entitled, " Yappy Hour Act ", which includes Section 12. 743. 01, entitled " Enactment; Definitions." Section 12. 743.02, entitled, " Permit Required, Submittals." and Section 12. 743. 03, entitled " General Regulations; Cooperation; Enforcement" by amending Chapter 12. 73 entitled, " Miscellaneous Provisions" of the city's land development code. Section 12. 743. 01, Enactment; Definitions" is contained on pages 2 and 3 of the entitled " amending ordinance. The purpose and intent of the amendment is to implement the pilot program established by section 509. 223, Florida Statutes ( 2006), by permitting public food service establishments within the City of Fort Walton Beach, subject to certain terms and conditions to become exempt from portions 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, by allowing patrons' dogs within certain designated outdoor portions of their respective establishments. This exemption procedure will be known as the City of Fort Walton Beach ` Dog Friendly Dining Program.' The definitions required to implement this exemption include: a. " Division" means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation. b. " Dog" means an animal of the subspecies Canis lupus familiaris. c. " 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. d. " Patron" has the meaning given to " guest" by section 509. 013, Florida Statutes. e. " Public food service establishment" has the meaning given it by section 509. 013, Florida Statutes. f. " Community Development Services Director" has the meanings given it by Chapter 2. 14, Fort Walton Beach Code of Ordinances. Section 12. 743. 02, entitled, " Permit Required; Submittals" is contained on pages 2 and 3 of the proposed Ordinance 1764. In order 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 proposed exemption. E Applications for a permit shall be made to the Community Development Services Director and shall include, along with any other information deemed reasonably necessary to implement and enforce the provisions of this pilot program, the following: a. The name, location, and mailing address of the subject public food service establishment. b. The name, mailing location, and telephone contact information of the permit applicant. c. 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 entryways 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 fences or other barriers; surrounding property lines and public pathways; and such other rights -of -way, including sidewalks and common information reasonably by required Community the Development Services Director. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. d. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. e. All application materials shall contain the appropriate division issued license number for the subject public food service establishment. Newly created Section 12. 743. 03, entitled " General Regulations; Cooperation; Enforcement" of the amending Ordinance # 1764 provides that 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 the pilot program are subject to the following requirements: a. 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. b. 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. c. 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. d. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. e. Dogs shall not be allowed on chairs, tables, or other furnishings. 9  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. g. 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. h. At least one sign reminding employees 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 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 '/ 2 x 11) and printed in easily legible typeface of not less than twenty ( 20) point font size. 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 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 '/ 2 x 11) and printed in easily legible typeface of not less than twenty ( 20) point font size. j. 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