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

It May Concern: My name is Jenna Leigh Caldwell. I am the owner of Tijuana Flats Burrito Co. in Fort Walton Beach. My partner, Brian Burger, and I are asking the City of Fort Walton Beach to adopt a local exemption procedure, by ordinance, to allow patrons' dogs within certain designated outdoor portions of our restaurant. A copy of Florida statute 509.233 is attached. T% k youl t enna Leigh Caldwell Brion Burger Owner /Operritors -  PArEJ CHAPTER 509 1, 01) C INGAND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS PART I PUBLIC 1, 01) GTNG AND PUBLIC FOOD SERVICE ESTABLISHMENT'S ss. 509.013 -509.417) PART II NIEMBERSHTP CAMPGROUNDS (ss. 509.501- 509.512) PART I PUBLIC LODGING AND PUBLIC FOND SERVICE ESTABLISHMENTS 509. 013 Definitions. 509.032 Duties. 509.034 Application. 509.035 Immediate closure due to severe public health threat. 509. 036 Public; fod service inspector standardization. 509. 039 Food service manager certification. 509.049 Food sera ice employee training. 509.072 1 -lotel and Restaurant ' Crust fund. collection and disposition of moneys received. 509. 091 Notices; form and service. 509. 092 Public lodging establislunents and public food service establishments; rights as private enterprises. 509. 101 F.stablitihment rules; posting ot' nutice; food service inspection report; maintenCutce ofguest register; mobile food dispensing vehicle registry. 509. 111 Liability tier property of guests.  7 Fl, - ire w rE 509. 141 Rofusil of admission and ejection of undesirable guests; notice; procedure; penalties for refusall to leave. 509. 142 Conduct on premises; refusal of service. 509. 143 Disorderly conduct on the premises of an establishment; detention; arrest; immunity from liability. 509. 144 Prohibited handbill distribution in a public lodging establishment; penalties. 509. 151 ObWning food or lodging with intent to defraud; penalty. 509. 101 Rules ofevidence in prosecutions. 509. 162 Theft 4personal property; detaining and arrest of violator; theft by employee. 509. 191 Unclaimed property. 509. 201 Room rates; posting; advertising; penalties. 509.2015 Telephone surcharges by public lodging establishments, 509.211 Safety regulations. 509. 2112 Public lodging establishments duee stories or more in height; inspection rules. 509.213 Frnergency first aid to choking victims. 509,214 Notification of automatic gratuity charge. 509. 215 Fi resafety. 509. 221 Sanitary regulations. 509.232 . School carniv fairs; exemption from certain food service regulations. 509.233 Public food service establishment requirements; local exemption for dogs in designated outdoor portions; pilot program. 509.241 Licenses required; exceptions. 509.242 Public lodging establishments; classifications. 509. 251 License fues. 509. 261 Revocation car suspension of licenses; fines; procedure.  PAGC5 509. 271 Prerequisite for issuance. of municipal or county occupational license. 509. 281 Prosecution for violation; duty of state attorney; penalties. 509. 2.85 Enibreement; city and county officers to assist. 509. 291 Advisory council. 509. 292 Misrepresenting food or food product; penalty. 509.302 Hospitality Education Program. 509.4005 Applicability of ss. 501. 401- 509.417. 509.401 Operator's right to lockout. 509. 402 Operator's right to recover premises. 509. 403 Operator' s writ of distress. 509. 404 Writ of distress. venue and jurisdiction. 509.405 Complaint; requirements. 509.406 Prejudgment writ of distress. 509.407 Writ of distress; levy of writ. 509.408 Prejudgment writ; form --return. 509.409 Writ; inventory. 509. 411 Exemptions from writ of distress. 509. 412 Writ; cluirns by third persons. 509.413 Judgment !'c> r plaintifl' when goods not delivered to defendant. 509.414 Judgment for plaintil'I' when goods retained by or redelivered to defendant. 509. 415 Judgrncnt for defendant when goods are retained by or redelivered to the defendant. 509. 416 Judgment Cor defendani when goods are not retained by or redelivered to the defendant.  l- T T . 7ij):I u A, r, P P'---E 6 CG -- Cof? l: 10 509,417 Writ; sale of property distrained.  10:- 77 _ ::. r _1 1 h- =; F! A r ; 850-7.0 1 CIO,n3 f' AGE7 509. 233 Publics food service establishment requirements; local exemption for dogs in designated outdoor portions; pilot program. -- l) INTENT.--) t is the intent of the Legislature by this section to establish a 3 -year pilot program for local governments to allow patrons' dogs within certain designated outdoor portions of public (bod service establishments. 2) LOCAL EXEMPTION AUTHOR i ED. --Notwithstanding s. 509.032( 7), the governing body of a local government participating in the pilot program is authorized to establish, by ordinance, a local exemption procedure to certain provisions of the Flied and Drug Administration Food Code. as currently adopted by the division, in order to allow patrons' clogs within certain designated outdoor portions of public food service establishments. 3) LOCAL DISCRETION; CODIFICATION. -- a) The adoption of the local exemption procedure shall be at the sole discretion of the governing body of participating local government. Nothing in this section shall be construed to require car compel a local governing body to adopt an ordinance pursuant to this section. b) Any ordinance adopted pursuant to this section shall provide for codification within the land development code of a participating; local government. 4) LIMITATIONS ON EXEMPTION; PERMIT REQUMMENTS. -- a) Any local exemption procedure adopted pursuant to this section shall only provide a variance to those portions of the currently adopted Food and Drug Administration Food ode in order to allow patrons' dogs within certain designated outdoor portions of public food Service establishments. b) In order to protect the health, safety, and general welfare of the public, the local exemption procedure sliall require participating; public food service establishments to apply for and receive a permit from the governing body of the local government before allowing patrons' dogs on their premises. The local government shall require from the applicant such information as the local government deems reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the following information. 1. The name, location, and mailing address of the public food service establishment. 2. The name. mailing address, and telephone contact information of the permit applicant. 3. 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 placenienr of tables, chairs, and restaurant equipment, if any; the entryways and exits to  FRGEB the designated outdoor area; the boundaries of the designated area and of' other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights -of -way. including sidewalks and common pathways; and such other infonnation reasonably required by the pernitting authority. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. 4. A description of the days of the week and hours of operation that putrons' dogs will be permitted in the designated outdoor area. In order to protect the health, safety, and general welfare of the public, the local c) excmption ordinance shall include such regulations and limitations as deemed necessary by the participating local govcmment and shall include, but not be limited to, the following requirements: 1. All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited from touching. petting, or otherwise handling dogs 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 hefore 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 fill times and shall keep their dogs under reasonable control. S. Dogs shall not be allowed on chairs, tables, or other furnishings. 6. All table and chair surfaces shall he cleaned and sanitized with an approved product between seating of patrons. Spilled food and drink shall he removed from the flour or ground between seating of patrons. 7. Accidents involving dog waste shall he cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near they designated outdoor area. 8, A sign of signs reminding em ployces - of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. DO- 200P, ;. C): T IJl Ra12 FLATS PAGES 9. A sign or signs reminding patrons of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. 10. A sign or signs shall be posted in a manner and place as detennined by the local penii(tting authority that places the public on notice that the designated outdoor area is availtible for the use of patrons and patrons' dogs. 11. Dogs shall not be permitted to travel through indoor or nondesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor aroa of the lbod establishment. d) A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service