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

establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply t`or s permit pursuant to this section i f the subsequent owner wishes to continue to accommodate patrons' dogs. 5) POWERS; ENFORCEMENT.-- Pat-ticipating local governments shall have such Powers as are reasonably necessary to regulate and criforce the provisions of this section. 6) STATE AND LOCAL COOPERATION.—The division shall provide reasonable assistance to participating local goverjunents in the development of enforcement procedures and regulations, and participating local governments shall monitor permitholders for compliance in cooperation with the division. At a minimum, participating local governments shall establish a procedure to accept, document, and respond to complaints and to timely report to the division all such complaints and the participating local governments' enforcement responses to such complaints. A participating local government shall provide the division with a copy of all approved applications and permits issued, acid the participating local government shall require that all applications, permits, and other related materials contain the appropriate division - issued license number for each public food service establislunent. 7) FUTURE RL;VIFW AND REPEAL. - This - section shall expire July 1, 2009, unless revietved and saved from repeal through reenactment by the Legislature. Histo y. -s. -3, ch. 27006 -72; s. 127, cli. 2007 -5.  From: Toni Craig [ tonieraig@cox.net] Sent: Thursday, May 29, 2008 10: 15 AM To: Malcolm Foley- Samantha Abell Cc: Missy McKim Subject: RE: Yappy Hour Act- Follow Up Flag: Follow up Flag Status: Flagged INc. From: Malcolm Foley [ mailto: mfoley@fwb. org] Sent: Wednesday, May 28, 2008 4: 18 PM To: Samantha Abell; Toni Craig Cc: Malcolm Foley; Missy McKim Subject: Yappy Hour Act 6/ 3/ 2008  Ordyappyhour.Attyrev Rage 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. 73, ENTITLED " MISCELLANEOUS 6 PROVISIONS," OF THE CITY' S LAND DEVELOPMENT CODE, BY CREATING 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 of the City Charter of the City of Fort Walton Beach, and sections 166.021( 1) and 509.233 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 familiuris 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 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. 59 60 2) " Dog" means an animal of the subspecies Canis lupus familiaris. 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 meaning given 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, iven 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 dog on its premises unless it possesses a valid 77 permit issued in accordance with this part. 78 79 b) Applications for a permit under this part shall be made to the Community Development 80 Services Director, on a form provided for such purpose by the Community Development 81 Services Director, and shall include, along with any other such information deemed 82 reasonably_necessary by the Community Development Services Director to implement and 83 enforce the provisions of this the following: 84 85 1) The name, mailing address, and telephone contact information of -the permit 86 applicant and the subject food service establishment. 87 88 2) _ A diagram and description. of the outdoor area to be designated as available to 89 piatrons' dogs, includinp- dimensions of the designated area; a depiction of the 90 number and placement of tables, chairs, and restaurant equipment if _ any: the 1 entryways and exits to the designated Outdoor area; the boundaries of the .d_esis -nated 2 area and of an- other ,areas of outdoor dining_not le foEatrons' dos any  Ordyappyhour.Attyrev Page 3 of 5 93 fences or other barriers; surrounding property lines and public rights -of w - ay, 94 including_sidewalks and common pathways, and such other information reasonably 95 required by the Community Development Services Director. The diagram or plan 96 shall be accurate and to scale but need not be prepared by a licensed design 97 professional. 98 99 3) A description of the days of the week and hours of operation that patron' dogs will 100 be permitted in the designated outdoor area. 101 102 4) All application materials shall contain the appropriate division issued license number 103 for the subject public food service establishment. 104 105 106 Sec. 12. 743.03. General Regulations; Cooperation; Enforcement; Penalty. 107 a) In order to protect the health, safety, and general welfare of the public, and pursuant to 108 section 509.233, Florida Statutes, all permits issued pursuant to this part are subject to the 109 following requirements: 110 111 1) All public food service establishment employees shall wash their hands promptly 112 after touching, petting, or otherwise handling any doggy Employees shall be 113 prohibited from touching, petting, or otherwise handling any dog while serving food 114 or beverages or handling tableware or before entering other ther parts of the public food 115 service establishment. 16 117 2) Patrons in a designated outdoor area shall be advised that they should wash their 118 hands before eating. Waterless hand sanitizes shall be provided at all tables in the 119 designated outdoor area. 120 121 3) Employees and patrons shall be instructed that they shall not allow dog's to come into ther 122 contact with serving dishes, utensils, tableware, linens, paper products, or an other 123 items involved in food service operations. 124 125 4) Patrons shall keep their do#),s on a leash at all times and shall keep their dogs under 126 reasonable control. 127 128 5) Dogs shall not be allowed on chairs, tables, or other furnishings. 129 130 6) All table and chair surfaces shall be cleaned and sanitized with an approved