§ 12-1. Local exemption to Food and Drug Administration's Food Code; dogs in designated outdoor portions of food service establishments.
(a)
Local exemption authorized. There is hereby established a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the Florida Division of Hotels and Restaurants, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments.
(1)
Limitations on exemption. This exemption shall only provide a variance to those portions of the currently adopted Food and Drug Administration Food Code in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments.
(2)
Definitions.
DHR means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation.
Dog means an animal of the subspecies Canis lupus familiaris.
Outdoor dining area means an area adjacent to a public food service establishment that is predominantly or totally free from any physical barrier on all sides and above.
Patron has the meaning given to "guest" by F.S. § 509.013.
Public food service establishment has the meaning given to it by F.S. § 509.013.
(b)
General regulations.
(1)
Geographical boundaries. The provisions of this section shall only apply to the area within the Celebration Planned Unit Development and the Harmony Planned Unit Development.
(2)
Permit requirements. In order to protect the health, safety, and general welfare of the public, participating public food service establishments shall annually apply for and receive a permit from Osceola County before allowing patrons' dogs on their premises. Application for the permit shall be made to the county, on a form provided for such purpose, and shall include, along with any other such information deemed reasonably necessary by the county in order to implement and enforce the provisions of this part, the following information:
a.
The name, location, and mailing address of the public food service establishment.
b.
The name, mailing address, and telephone contact information of the permit applicant.
c.
A diagram and description of the outdoor dining 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 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 information reasonably required by the county. 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 which patrons' dogs will be permitted in the designated outdoor dining area.
e.
A properly executed certificate of insurance providing commercial general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. The policy shall not have exclusions for animals and animal bites. All insurance shall be from companies duly authorized to do business in the State of Florida. Thirty (30) days written notice must be given to the Osceola County Risk Management Department prior to any cancellation or reduction in policy coverage.
f.
All application materials shall contain the appropriate DHR-issued license number for the subject public food service establishment.
g.
Payment of a non-refundable application fee of one hundred fifty dollars ($150.00).
h.
Failure to renew the permit within five (5) days of permit expiration will require a late fee payment of twenty-five dollars ($25.00) per permit in addition to the renewal fee.
(3)
Regulations and limitations. In order to protect the health, safety, and general welfare of the public, and pursuant to F.S. § 509.233, the following regulations and limitations shall apply to establishments which obtain such a permit:
a.
All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling patrons' dogs.
b.
Employees shall be prohibited from touching, petting, or otherwise handling patrons' dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.
c.
Patrons in the designated outdoor dining 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 dining area.
d.
Employees and patrons shall be instructed that they shall not allow dogs to come in to contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations.
e.
Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. All dogs shall have all required licensing.
f.
Dogs shall not be allowed on chairs, tables, or other furnishings.
g.
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.
h.
Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product in accordance with section 4-501.114 of the 2005 Food and Drug Administration Food Code. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor dining area.
i.
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 Osceola County, shall be posted on the premises 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 (8½) inches in width and eleven (11) inches in height (8½" × 11") and printed in easily legible typeface of not less than twenty (20) point font size.
j.
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 Osceola County, shall be posted on the premises in a conspicuous location within the designated outdoor dining area of the public food service establishment. The mandatory sign shall be not less than eight and one-half (8½) inches in width and eleven (11) inches in height (8½" × 11") and printed in easily legible typeface of not less than twenty (20) point font size.
k.
At all times while the designated outdoor dining area 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 dining area, the purpose of which shall be to place patrons on notice that the designated outdoor dining area of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall not be less than eight and one-half (8½) inches in width and eleven (11) inches in height (8½" × 11") and printed in easily legible typeface of not less than twenty (20) point font size.
l.
Dogs shall not be permitted to travel through indoor or non-designated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor dining area of the public food service establishment must not require entrance into or passage through any indoor area of the public food service establishment.
m.
Permits shall be conspicuously displayed in the designated outdoor dining area.
(4)
Expiration.
a.
A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to re-apply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons' dogs.
b.
Permits shall expire on June 30 of each year.
(5)
Revocation and appeals.
a.
A permit may be revoked by the county manager, or a designee thereof, if, after notice and a reasonable time in which the grounds for revocation may be corrected, the public food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license, or is found to be in violation of any provision of this section. If the ground for revocation is a failure to maintain any required state or local license, the revocation may take effect immediately upon giving notice of revocation to the permit holder.
b.
If a public food service establishment's permit is revoked, a new permit will not be approved for the establishment until the expiration of one hundred eighty (180) days following the date of revocation.
c.
Any permit holder, or aggrieved applicant for a permit, may appeal any decision made by the county manager, or a designee thereof, to the board of county commissioners by submitting to the county manager, or a designee thereof, a written petition within thirty (30) days of the action or decision sought to be appealed. The petition shall fully and completely set forth a recitation of the action or decision being appealed and the grounds and reasons upon which the appeal is based. Any written documents relating to the appeal shall be included with the petition. The county manager, or a designee thereof, shall schedule a hearing on the appeal before the board of county commissioners within thirty (30) days of receipt of the petition. If necessary, the hearing may be continued from time to time by the board of county commissioners. The board may affirm, modify, or reverse the decision or action of the county manager or the designee being appealed. Said decision may then be appealed to the Ninth Judicial Circuit in and for Osceola County by Petition for Writ of Certiorari. Rendition of the final decision by Osceola County shall be deemed to have occurred upon the action of the board of county commissioners.
(6)
Complaints and reporting.
a.
In accordance with F.S. § 509.233(6), the county shall accept and document complaints related to this program within Osceola County, Florida, and shall report quarterly to the DHR all such complaints and the county's enforcement response to such complaints.
b.
The county shall also provide the DHR with a copy of all approved applications and permits issued on a quarterly basis.
(c)
Enforcement. The code enforcement board shall have jurisdiction to hear and decide violations of this section. Any person who violates any of the provisions hereof, shall, upon code enforcement action, be punished as provided in chapter 7 of this Code and any amendment(s) thereto. The jurisdiction of the code enforcement board shall not be exclusive. This section may be enforced pursuant to the supplemental procedures contained in chapter 7 of this Code. The civil penalty for a violation of this section shall be two hundred fifty dollars ($250.00) per violation. Any alleged violation of any of the provisions contained herein may also be pursued by appropriate remedy, whether by injunctive, declaratory, or other civil remedy, at the option of Osceola County. The provisions of this section may also be enforced by the sheriff, deputy sheriffs, and any other authorized enforcement officer.
(d)
Expiration date. This section shall expire on July 1, 2009, unless reviewed and saved from repeal through the re-enactment of the Act by the Florida Legislature.
(Ord. No. 07-15, §§ 2—5, 7, 6-4-07)