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

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 before entering other parts of the public food service handling tableware or 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. f. 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 ofthe 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 ( 81 z/ x 11) and printed in easily legible typeface ofnot less than twenty (20) point font size. i. At least one sign reminding patrons of the applicable rules, including those contained in this part, and those additional rules and regulations, ifany, 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 '/ z x 11) and printed in easily legible typeface ofnot less than twenty (20) point font size. j. At all times while the designated outdoor portion ofthe public food service establishment is available to patrons and their dogs, at least one sign shall be posted in a conspicuous Page 3 of 4, Rec. Ord # 1764  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 1/ z x 11) and printed in easily legible typeface of not less than twenty (20) point font size. k. 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. A permit 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 an exemption permit ifsuch owner wishes to continue to accommodate patrons' dogs. In accordance with section 509.233( 6), Florida Statutes, the Community Development Services Director shall accept and document complaints related to the Dog Friendly Dining Program within the City of Fort Walton Beach, Florida, and shall timely report to the division all such complaints and the City' s enforcement response to such complaint. The Community Development Services Director shall also timely provide the division with a copy ofall approved applications and permits. Any public food service establishment that fails to comply with the requirements ofthe pilot program shall be guilty ofviolating the Fort Walton Beach City Code and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the Fort Walton Beach City Code and general law. RECOMMENDATION: Based on the above and described within the staff report, herein, the CDS staff recommends the MPB recommend the City Council sponsor and approve Ordinance # 1764 referred to as the " Yappy Hour Act" creating the ' Dow, Friendly Dining Program' within the city limits of Fort Walton Beach. Attachments: 1. Fax from Tijuana Flats owners requesting local exemption dated 5/ 7/ 08 2. Amending Ordinance # 1764; AKA `Yappy Hour Act.' OnWhow1drs/doggiedining/Yappy hour .ro mpb 6 5 08 FINAL, Page 4 of 4, Ree, Ord 111764  Ordyappyhour.Attyrev 01764 Page 1 of 5 2 ORDINANCE 1764 3 4 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING 5 FOR AUTHORITY; AMENDING SECTION 12. 739 ENTITLED " MISCELLANEOUS 6 PROVISIONS," OF THE CITY' S LAND DEVELOPMENT CODE, BY CREA'T'ING 7 ARTICLE 12. 743, ENTITLED " DOG FRIENDLY DINING;" BY CREATING, PURSUANT 8 TO SECTION 509.223, FLORIDA STATUTES, A LOCAL EXEMPTION TO CERTAIN 9 PROVISIONS OF GENERAL LAW AND AGENCY RULES RELATING TO PUBLIC 10 FOOD SERVICE ESTABLISHMENTS IN ORDER TO PERMIT PATRONS' DOGS AT 11 CERTAIN DESIGNATED OUTDOOR PORTIONS OF SUCH ESTABLISHMENTS; 12 PROVIDING FOR IMPLEMENTATION AND ENFORCEMENT PROCEDURES; 13 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY 14 AND PROVIDING AN EFFECTIVE DATE. 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 17 BEACH, FLORIDA, AS FOLLOWS 18 19 SECTION 1. AUTHORITY. The authority for enactment of this ordinance is pursuant to 20 section 2 ofthe City Charter of the City of Fort Walton Beach, and sections 166. 021( 1) and 5 09. 23 3 21 of the Florida Statutes ( 2007). 22 23 SECTION 2. PURPOSE AND INTENT. 24 Section 509.233, of the Florida Statutes ( 2007), authorizes local governments to adopt an 25 ordinance establishing a local exemption to certain provisions of general law and agency rules 26 relating to public food service establishments to permit patrons' dogs at certain designated outdoor 27 portions of such establishments. It is the purpose of this ordinance to take advantage of the 3 -year 28 pilot program established by section 509.223, Florida Statutes, by permitting public food service 29 establishments in the City of Fort Walton Beach, subject to the terms of this ordinance, to become 30 exempt from certain portions of the State of Florida' s Food Code to allow patrons' dogs within 31 certain designated outdoor portions of their respective establishments. 32 It is the intent of the City Council to recognize that the animal subspecies Canis lupus 33 familiaris has, since time immemorial, demonstrated a unique capacity for loyalty, devotion, love, 34 friendship, compassion, and service to humankind, and have earned the colloquial sobriquet of 35 " Man' s Best Friend." The City Council hereby finds and determines that this ordinance is in the 36 best interest of the public health, safety, and welfare, and is consistent with the applicable 37 provisions of the City' s Land Development Code. 38 39 SECTION 3. ENACTMENT OF CHAPTER 12. 743, ENTITLED THE YAPPY HOUR 40 ACT. 41 The City' s Land Development Code is hereby amended by adding a new section 12. 743, to 42 be entitled the Yappy Hour Act, as follows. 43 44 See. 12. 743. 00 Title, 45 This section shall be referred to as the Yappy Hour Act.  Ordyappyhour.Attyrev 01764 Page 2 of 5 46 47 Sec. 12. 743.01 Enactment; Definitions. 48 a) Pursuant to section 509.233( 2). Florida Statutes there is hereby created in the City of Fort 49 Walton Beach Florida, a local exemption procedure to certain provisions of the United 50 States Food and Drug Administration Food Code.,-as amended from time to time, and as 51 adopted by the State of Florida Division of Hotels and Restaurants of the Department of 52 Business and Professional Regulation in order to allow patrons' dogs within certain 53 designated outdoor portions of public food service establishments, which exemption 54 procedure may be known as the City of Fort Walton Beach Dog Friendly Dining Program. 55 56 b) As used in this section, 57 1) " Division" means the Division of Hotels and Restaurants of the State of Florida 58 Department of Business and Professional Regulation. ation. 59 60 2) " Dog" means an animal of the subspecies Canis lu is-fiamrliaris. 61 62 3) " Outdoor area" means an area adjacent to a public food service establishment that is 63 predominantly or totally free of any physical barrier on all sides and above. 64 65 4) " Patron" has the meaninggiven to " guest" by section 509.013, Florida Statutes. 66 67 5) " Public food service establishment" has the meaning given it by section 509.013, 68 Florida Statutes. 69 70 6) " Community Development Services Director" has the meaning given it by Chapter 71 2. 14 Fort Walton Beach Code of Ordinances. 72 73 74 Sec. 12. 743. 02. Permit Required;, Submittals, 75 a) To protect the health safety, and general welfare of the public,, a public food service 76 establishment is prohibited from having any doh on its premises unless it possesses a valid 77 permit issued in accordance with this