§ 5-23. Dog-friendly restaurants.
(a)
Purpose . Section 509.233, Florida Statutes, the "Dixie Cup Clary Local Control Act," grants the City the authority to provide exemptions from Section 6-501.115, U.S. Food and Drug Administration Food Code ("FDA Food Code"), as adopted and incorporated by the State of Florida Division of Hotels and Restaurants ("Division") in Chapter 61C-4.010(6), Florida Administrative Code. The purpose of this section is to allow dogs in public food service establishments in a manner consistent with the three-year pilot program approved by the State of Florida. The procedure adopted pursuant to this section provides an exemption for those public food service establishments which have received a permit, to the sections of the FDA Food Code that prohibit live animals in public food service establishments.
(b)
No dog shall be in a public food service establishment unless allowed by State law and the public food service establishment has received and maintains an unexpired permit pursuant to this section allowing dogs in designated outdoor areas of the establishment.
(c)
Definitions . Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of one (1) gender include the correlative words of the other gender, unless the sense indicates otherwise. Additionally, the terms set forth below have the following meaning except where the context clearly otherwise requires:
Public food service establishments means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption.
Employee or employees shall include, but is not limited to, the owner or owners of the public food service establishment.
(d)
Application requirements. Public food service establishments must apply for and receive a permit from the Planning Department before patrons' dogs are allowed on the premises. The City Council shall by resolution establish a reasonable fee to cover the cost of processing the initial application and renewals. The application for a permit shall require such information from the applicant as is deemed reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the following information:
(1)
Name, location, mailing address and division issued license number of the public food service establishment.
(2)
Name, mailing address, and telephone contact information of the permit applicant. The name, mailing address, and telephone contact information of the owner of the public food service establishment shall be provided if the owner is not the permit applicant.
(3)
A diagram and description of the outdoor area which is requested 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 the other outdoor dining areas 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 as is deemed necessary by the City.
(4)
The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit and posted at the entrance.
(5)
A description of the days of the week and hours of operation when patrons' dogs will be permitted in the designated outdoor area.
(e)
Regulations. Public food service establishments that receive a permit for a designated outdoor area pursuant to this section shall require that:
(1)
Employees shall wash their hands promptly after touching, petting, or otherwise handling any dog(s) and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor area.
(2)
Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware.
(3)
Patrons in a designated outdoor area shall be advised by appropriate signage, at conspicuous locations, that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.
(4)
Patrons shall keep their dogs on a leash at all times and shall keep their dogs under their control.
(5)
Employees and patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations.
(6)
Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other furnishings.
(7)
Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons.
(8)
Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons at the nearest table.
(9)
Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. Employees shall keep a disposal and washdown kit with other appropriate materials for this purpose near the designated outdoor area.
(10)
Employees and patrons shall not permit dogs to be in, or to travel through, indoor or nondesignated outdoor portions of the public food service establishment.
(11)
A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places the public on notice.
(12)
A sign or signs informing patrons of these laws shall be posted on premises in a conspicuous manner and place as determined by the City.
(13)
A sign or signs informing employees of these laws shall be posted on the premises in a conspicuous manner and place as determined by the City.
(14)
Ingress and egress to the designated outdoor area shall not require entrance into or passage through any indoor area or nondesignated outdoor portions of the public food service establishment.
(15)
The public food service establishment and designated outdoor area shall comply with all permit conditions and the approved diagram.
(16)
Employees and patrons shall not allow any dog to be in the designated outdoor areas of the public food service establishment if the public food service establishment is in violation of any of the requirements of this section.
(17)
Permits shall be conspicuously displayed in the designated outdoor area.
(18)
It shall be unlawful to fail to comply with any of the requirements of this section. Each instance of a dog on the premises of a public food service establishment without a permit is a separate violation.
(f)
Permit expiration and revocation.
(1)
A permit issued pursuant to this section shall expire automatically upon the sale of the public food service establishment and cannot be transferred to a subsequent owner. The subsequent owner may apply for a permit pursuant to this section if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the public food service establishment.
(2)
Permits shall expire on September 30 of each year, unless renewed by paying an annual renewal fee as provided herein.
(3)
A permit may be revoked by the City Manager if the public food service establishment fails to comply with any condition 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.
(4)
If a public food service establishment's permit is revoked, no new permit may be approved for the establishment for a period of no less than 180 days following the date of revocation.
(g)
Complaints and reporting.
(1)
Complaints shall be made to the City documenting the name of the complainant and the nature of the complaint. The City shall accept, document, and respond to all complaints and shall timely report to the division all complaints and the response to such complaints.
(2)
The City shall provide the division with a copy of all approved applications and permits issued.
(3)
All applications, permits, and other related materials shall contain the division-issued license number for the public food service establishment.
(h)
Permit renewal procedure and fee . The City Council shall by resolution establish a reasonable permit renewal fee, and the permit holder shall renew the permit by paying the applicable permit renewal fee on or before September 30 of each year.
(i)
Violations. Violations of this section of the Marathon Code may be enforced and are punishable in accordance with Section 1-7 and Chapter 10 of the Marathon Code, or as may otherwise be provided for by State law.
(Ord. No. 2012-08, § 2, 9-11-2012)