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Item 8AAGENDA ITEM # 8A AUGUST 25, 2008 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Florida Statutes related to dogs in outdoor dining areas. SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director DATE: August 08, 2008 BACKGROUND: As requested, I have reviewed the state law related to the provision to allow dogs in outdoor seating areas of restaurants. Chapter 4 of the COAB Code sets forth rather extensive regulations related to dogs and other pets, and the City's regulations do not prohibit dogs in outside restaurant seating areas, provided they are leashed and otherwise behaving in accordance with Chapter 4. Pet owners and their dogs are a fairly typical sight in Town Center, and staff is not aware of any particular problem or complaint about this. Staff is also not aware that restaurant inspectors have previously made any notice of this, but have apparently as of recent begun to issue warnings to restaurant owners. The Florida Division of Hotels and Restaurants issues licenses, inspects and regulates food service establishments in accordance with the Food and Drug Administration (FDA) Food Code. The "doggie dining" provision was enacted by the State Legislature during the 2006 session. Staff has no idea what the motivation of the Legislature was with this provision or why it has now become a topic. (The provision was a 3-year pilot program that will expire on July Ol, 2009 unless re-enacted by the Legislature.) Staff is also unclear under what authority the Legislature can establish an exemption of the FDA's Food Code. In summary, this provision allows local governments to "waive" certain sections of the FDA Food Code that prohibit dogs other than service or police dogs in areas where food is served, but the state law places the burden on the City by requiring the adoption of a local ordinance to allow restaurant owners to obtain a permit that would allow dogs in outside seating areas. There is a rather extensive list of administrative requirements set forth within the Statute that the City would have to implement and administer. (It is not simply issue a permit.) It seems somewhat nonsensical that the City should be interjected into a permit and license procedure just to waive a public food service regulation that is regulated by a state agency in accordance with federal regulations. It appears, however, that if we wish to continue to allow dogs to accompany their owners outdoor dining areas without risk of citation to the restaurants, we would have to adopt an ordinance, establish an application, licensing and monitoring and reporting process. The Statute places a clear enforcement, and presumably liability, responsibility with the local government. And, this pilot program may well expire shortly after the time it would take to create and adopt an ordinance and implement such a program. RECOMMENDATION: Direction from Commission. ATTACHMENTS: "Frequently Asked Questions" guide from the Florida Division of Hotels and Restaurants, and §509.233, Florida Statutes. BUDGET: No budget issues. REVIEWED BY CITY MANAGER: August 25, 2008 regular meeting FAQ -Dogs in Restaurants AGENDA ITEM # 8A AUGUST 25, 2008 DIVISION OF HOTELS AND RESTAURANTS Dogs in Restaurants FAQ Dixie Cup Clary Local Control Act Q. When can I take my dog into a restaurant? A. Not until your local government enacts an ordinance permitting dogs in food service establishments. Q. What does the law allow? A. Effective on July 1, 2006, local governments were authorized to enact local laws allowing dogs in limited, designated outdoor seating areas of food service establishments. These local laws are part of a 3-year state pilot program, which expire July 1, 2009, unless reenacted by the legislature. Q. When will local governments act? A. That depends on each local jurisdiction. Each may enact an ordinance adopting specific requirements established in the new state law, including fees for required permits and conditions that must be met to allow dogs in certain limited areas of food service establishments. Q. Can local governments charge a fee to issue permits? A. Yes, and they may also set fees to recover other costs associated with this pilot project. Q. Can establishments charge an access fee to pet owners? A. This is not addressed in the new state law, and will likely be market-determined. Q. Can my dog go into the restaurant dining room? A. Dogs are limited to designated outdoor areas, and are prohibited inside food service establishments including traveling through the establishment. Q. May I bring my cat or other pets to the designated outdoor dining area? A. The new law applies only to dogs. Other animals remain prohibited from food service establishments. Q. Are health or food safety requirements required to allow dogs? A. Yes. Any local ordinances allowing dogs must include the following minimum requirements, and any others enacted by local ordinance: > All food service employees must wash their hands promptly after touching, petting, or otherwise handling dogs. http://www.myflorida.com/dbpr/hr/hr-faq-dogs.html 8/7/2008 FAQ -Dogs in Restaurants AGENDA ITEM # 8A AUGUST 25, 2008 Employees cannot touch, pet, or otherwise handle dogs while serving food or beverages or handling tableware or before entering other parts of the establishment. > Patrons must be advised to wash their hands before eating. The establishment must provide waterless hand sanitizes at each table. > Dogs shall not come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations. > Dogs shall be kept on a leash at all times and under reasonable control. > Dogs shall not be allowed on chairs, tables, or other furnishings. > Table and chair surfaces and any spillage shall be cleaned and sanitized between seating of patrons. > Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. Establishments are required to keep a kit containing cleaning materials in the designated outdoor area. > Signage reminding employees and patrons of adopted rules must be posted as required by local ordinance. > Dogs are not permitted to travel through any indoor or non-designated outdoor portions of the establishment. Ingress and egress to the designated, permitted, area cannot require entrance into or passage through any indoor area of the establishment. Q. Who enforces the new local ordinances? A. Local governments are required to monitor permit holders for compliance in cooperation with the Division of Hotels and Restaurants. At a minimum, participating local governments shall establish procedures to accept, document and respond to complaints which must then be reported to the Division of Hotels and Restaurants. Local governments must also report enforcement responses to complaints. http://www.myflorida.com/dbpr/hr/hr-faq-dogs.html 8/7/2008 Statutes & Constitution :View Statutes :->2008->Ch0509->Section 233 : Online Sunshine Select Year: 2008 ; •:, Go The 2008 Florida Statutes AGENDA ITEM # 8A AUGUST 25, 2008 Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 509 LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS 509.233 Public food service establishment requirements; local exemption for dogs in designated outdoor portions; pilot program.-- (1) INTENT.--It 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 food service establishments. (2) LOCAL EXEMPTION AUTHORIZED.--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 Food and Drug Administration Food Code, as currently adopted by the division, in order to allow patrons' dogs 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 a participating local government. Nothing in this section shall be construed to require or 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 REQUIREMENTS.-- (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 Code 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 shall 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 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=... 8/7/2008 Statutes & Constitution :View Statutes :->2008->Ch0509->Section 233 : Online Sunshine AGENDAITEM# 8A AUGUST 25, 2008 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 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 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 permitting 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 patrons' dogs will be permitted in the designated outdoor area. (c) In order to protect the health, safety, and general welfare of the public, the local exemption ordinance shall include such regulations and limitations as deemed necessary by the participating local government 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 before 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 all times and shall keep their dogs under reasonable control. 5. Dogs shall not be allowed on chairs, tables, or other furnishings. b. 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. 7. 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 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=... 8/7/2008 Statutes & Constitution :View Statutes :->2008->Ch0509->Section 233 : Online Sunshine AGENDA ITEM # 8A AUGUST 25, 2008 area. 8. A sign or signs reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. 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 determined by the local permitting authority that places the public on notice that the designated outdoor area is available 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 area of the food 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 establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons' dogs. (5) POWERS; ENFORCEMENT.--Participating local governments shall have such powers as are reasonably necessary to regulate and enforce the provisions of this section. (6) STATE AND LOCAL COOPERATION.--The division shall provide reasonable assistance to participating local governments 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, and 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 establishment. (7) FUTURE REVIEW AND REPEAL.--This section shall expire July 1, 2009, unless reviewed and saved from repeal through reenactment by the Legislature. History.--s. 3, ch. 2006-72; s. 127, ch. 2007-5. Copyright ©1995-2008 The Florida Legislature • Privacy SrarPment • Contact Us http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search String=... 8/7/2008 Statutes & Constitution :View Statutes :->2008->Ch0509->Section 233 : Online Sunshine Select Year: 2008 __„_ Go The 2008 Florida Statutes Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Cha ter 509 LODGING AND FOOD SERVICE ESTABLISHMENTS; MEMBERSHIP CAMPGROUNDS AGENDA ITEM # 8A AUGUST 25, 2008 509.233 Public food service establishment requirements; local exemption for dogs in designated outdoor portions; pilot program.-- (1) INTENT.--It 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 food service establishments. (2) LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s. 09 0 2(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 Food and Drug Administration Food Code, as currently adopted by the division, in order to allow patrons' dogs 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 a participating local government. Nothing in this section shall be construed to require or 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 REQUIREMENTS.-- (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 Code 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 shall 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 http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search String=... 8/7/2008 Statutes & Constitution :View Statutes :->2008->Ch0509->Section 233 : Online Sunshine AGENDA ITEM k 8A AUGUST 25, 2008 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 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 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 permitting 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 patrons' dogs will be permitted in the designated outdoor area. (c) In order to protect the health, safety, and general welfare of the public, the local exemption ordinance shall include such regulations and limitations as deemed necessary by the participating local government 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 before 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 all times and shall keep their dogs under reasonable control. 5. Dogs shall not be allowed on chairs, tables, or other furnishings. 6. 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. 7. 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 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=... 8/7/2008 Statutes & Constitution :View Statutes :->2008->Ch0509->Section 233 : Online Sunshine AGENDA ITEM # 8A AUGUST 25, 2008 area. 8. A sign or signs reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. 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 determined by the local permitting authority that places the public on notice that the designated outdoor area is available 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 area of the food 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 establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons' dogs. (5) POWERS; ENFORCEMENT.--Participating local governments shall have such powers as are reasonably necessary to regulate and enforce the provisions of this section. (6) STATE AND LOCAL COOPERATION.--The division shall provide reasonable assistance to participating local governments 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, and 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 establishment. (7) FUTURE REVIEW AND REPEAL.--This section shall expire July 1, 2009, unless reviewed and saved from repeal through reenactment by the Legislature. History.--s. 3, ch. 2006-72; s. 127, ch. 2007-5. Copyright ©1995-2008 The Florida Legislature • Privacy StarPmPnr .Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=... 8/7/2008 s~ ~~~ AGENDA ITEM # 8A AUGUST 25, 2008 Dogs In Designated Outdoor Dining Area City of St. Petersburg City Code -Chapter 16, Land Development Regulations Section 16.50.140 -Dogs in Designated Outdoor Dining Area Sections: 16.50.140.1 Applicability 16.50.140.2 Puroose and Intent 16.50.140.3 Use-Specific Development Standards 16.50.140.4 Complaints and Reporting 16.50.140.5 Permits 16.50.140.6 Expiration 16.50.140.1 Applicability A. This Section shall apply to public food service establishments which, as used in this section shall mean a restaurant, bar or sidewalk cafe as defined by the City Code. "Employee" or "employees" shall include, but is not limited to, the owner or owners of a public food service establishment. B. No dog shall be allowed in a public food service establishment unless authorized 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 dining areas of the establishment. 16.50.140.2 Purpose and Intent The Dixie Cup Clary Local Control Act, Florida Statute 509.233 grants the City the authority to provide exemptions from Section 6.501.115, 2001 FDA Food Code, as adopted and incorporated by the Division of Hotels and Restaurants ("Division") in Chapter 61C-4.010(6), Florida Administrative Code (2006). The purpose of this section is to allow dogs in public food service establishments in a manner consistent with the three (3) year pilot program approved by state statute. The procedure adopted pursuant to this section provides an exemption, for those public food service establishments which have received a permit, from those sections of the Food and Drug Administration Food Code that otherwise prohibit live animals in public food service establishments. 16.50.140.3 Use-Specific Development Standards A. In addition to the development standards of the zoning district and applicable General Development Standards, a public food service establishment that receives a permit to allow dogs within a designated outdoor dining area pursuant to this section shall require that: 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 food or beverages or while handling 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. 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. 5. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. EFFECTIVE DATE AGENDA ITEM # 8A AUGUST 25, 2008 Dogs In Designated Outdoor Dining Area City of St. Petersburg City Code -Chapter 16, Land Development Regulations 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. 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 kit with the appropriate materials for this purpose near the designated outdoor dining area. 10. A sign or signs informing employees and patrons of these laws shall be posted on the premises in a conspicuous manner and place as determined by the POD. 11. A sign or signs notifying the public that the designated outdoor dining 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. Employees and patrons shall not permit dogs to be in, or to travel through, indoor or non-designated outdoor portions of the public food service establishment. Ingress and egress to the designated outdoor area shall not require entrance into or passage through any indoor area of the public food service establishment. 13. Employees and patrons shall not allow any dog to be in the designated outdoor dining areas of the public food service establishment if the public food service establishment is in violation of any of the requirements of this section. B. 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 services establishment without a permit is a separate violation. 16.50.140.4 Complaints and Reporting A. Complaints may be made in writing to the City Clerk. The Clerk shall forward the complaint to the POD who shall accept, document and respond to all complaints and shall timely report to the Division all complaints and the response to such complaints. B. The POD shall provide the Division with a copy of all approved applications and permits issued. C. All applications, permits and other related materials shall contain the Division-issued license number for the public food service establishment. 16.50.140.5 Permits Public food service establishments that allow dogs within an outdoor dining area are required to obtain a permit in accordance with the Applications and Procedures Section. 16.50.140.6 Expiration This section shall sunset on July 1, 2009, and be of no further force or effect, unless the City Council readopts this section by ordinance. Any permit issued pursuant to this section shall expire on July 1, 2009, unless the permit has sooner expired or been revoked. 2 EFFECTIVE DATE