Item 8B AGENDA ITEM # 8B
NOVEMBER 22, 2010
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Florida Statutes related to dogs in outdoor dining areas.
SUBMITTED BY: Erika Hall
Principal Planner
DATE: November 12, 2010
BACKGROUND: In October of 2008, the City Commission adopted Ordinance No 95- 08 -97,
allowing dogs within the outdoor dining areas of restaurants under certain conditions as set forth
within Florida Statutes, Section 509.233, known as the Dixie Cup Clary Local Control Act
(DCCLCA). In essence, said statute allowed local governments to adopt an ordinance which would
give them the authority to issue permits to allow dogs in outdoor seating areas and waive certain
sections of the FDA Food Code that prohibits dogs other than service or police dogs in areas where
food is served. In doing so, local governments also took on the burden of enforcement of and
potentially liability for violations of applicable sections of the FDA Food Code.
The initial passage of the DCCLCA by the Florida Legislature was limited to the establishment of a
pilot program and scheduled to sunset on July 01, 2009 with no further action required. Prior to that
date, a bill was signed into law (Florida Law 2009 -195), removing the sunset provision and making
the DCCLCA permanent. However, the local ordinance contained a coincident expiration date, and a
clause prohibiting codification of the ordinance due to the Act being a pilot program. Upon
expiration of Ordinance 95 -08 -97 on July 01, 2009, the full extent of the FDA Food Code once again
became applicable, and local restaurants could no longer allow patrons to bring dogs, lest they be
found in violation of said code.
At this time, the City Commission has two options
1. Amend the language of Ordinance 95 -08 -97 to remove the expiration date and remove the
clause prohibiting codification, and adopt said revised ordinance, thereby allowing restaurants
meeting the outdoor seating criteria and other conditions to once again apply for a permit to
allow "doggie dining ", and authorizing staff to resume administration of those provisions; or,
2. Do nothing, thereby allowing the full extent of the FDA Food Code to remain applicable to all
restaurants, and prohibiting dogs other than service or police dogs in areas where food is
served, and shifting the burden of enforcement of such back to the state.
RECOMMENDATION: Direction from Commission.
ATTACHMENTS: Request from Al's Pizza.
BUDGET: No budget issues.
REVIEWED BY CITY M •
November 22, 2010 regular meeting
AGENDA ITEM # 8B
NOVEMBER 22, 2010
303 Atlantic Boulevard NOV 1 0 2010
Atlantic Beach, FL 32233
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904.249.0470 fax o of City Cfett
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To Whom It May Concern.
I am writing this requesting to have the Florida Statue, Section 509.233, known as the Dixie Cup
Clary Local Control Act be permanently renewed.
Within this it:
establishes local exemption to certain provisions of general law & agency rules public food service
establishments in order to permit patrons' dogs at certain designated outdoor portions of such
establishments
Al's Pizza's most important goal is customer satisfaction. Renewing this ordinance would not only
mean so much to us as a business, but to our patrons. We have also learned that Neptune Beach
has renewed their Doggie Dining Act. It would continue the consistency between Atlantic Beach
and Neptune Beach in the Town Center. Atlantic Beach thrives on community and small town feel.
Although we understand that not everyone is fond of animals we have found that the majority of our
customers would prefer having their dog with them. Each day, no matter the weather we will have
someone on our porch enjoying the great environment and food with their best friend. In today's
time dogs are not only pets but have also become an integral part of our families. Daily, our
customers have been able to take advantage of bringing their pets to our business. This Act has
been an asset to the community as well as Al's Pizza and because of this it would be an injustice to
not make it secure. Our community and Al's Pizza will be appreciative when it is made permanent.
We respectfully request to be placed on your next Council agenda to be considered for this
renewal.
Thank you for your time.
Al's Pizza Inc.
Bridget Judge
Jessica Whitehead
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