Ordinance No. 95-10-102 ORDINANCE NUMBER 95-10-102
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
CHAPTER 24 OF THE MUNICIPAL CODE OF ORDINANCES
OF THE CITY OF ATLANTIC BEACH; CREATING SECTION
24 -158, DOG - FRIENDLY RESTAURANTS; ESTABLISHING,
PURSUANT TO FLORIDA STATUTES SECTION 509.233,
KNOWN AS THE DIXIE CUP CLARY LOCAL CONTROL ACT,
A LOCAL EXEMPTION TO CERTAIN PROVISIONS OF
GENERAL LAW AND AGENCY RULES RELATING TO
PUBLIC FOOD SERVICE ESTABLISHMENTS IN ORDER TO
PERMIT PATRONS' DOGS AT CERTAIN DESIGNATED
OUTDOOR AREAS OF SUCH ESTABLISHEMENTS;
PROVIDING FOR IMPLEMENTATION PROCEDURES,
INCLUDING PERMIT REQUIREMENTS, THE ADDITION OF
CERTAIN NEW FEES, AND COMPLAINT AND REPORTING
REQUIREMENTS; AMENDING SECTION 24 -69, FEES;
CREATING SECTION 24- 69(D), SPECIFIC USE REVIEW FEES;
PROVIDING FOR RECORDATION AND AN EFFECTIVE DATE.
WHEREAS, at its regularly scheduled meeting of October 13, 2008, the City
Commission of the City of Atlantic Beach, Florida (the "City Commission "),
unanimously approved an ordinance entitled "An Ordinance of the City of Atlantic
Beach, County of Duval, State of Florida, Allowing Dogs within the Outdoor Dining
Areas of Restaurants Under Certain Conditions as Set Forth within Florida Statutes,
Section 509.233, Providing an Effective Date and an Expiration Date" (the "Atlantic
Beach Dog Dining Program ") according to provisions of a pilot program established
upon enactment of The Dixie Cup Clary Local Control Act, Florida Statutes, Section
509.233, (the "Act "); and
WHEREAS, the Florida Legislature passed Florida Law 2009 -195, removing the
sunset provision and making permanent the Act; and
WHEREAS, the Atlantic Beach Dog Dining Program has expired; and
WHEREAS, at the request of citizens and restaurant owners, it is the intent of the
City Commission to continue to allow dogs in the outdoor dining areas of restaurants in a
manner consistent with the Act; and
WHEREAS, a public hearing to enact this Ordinance was held by the City
Commission for the City of Atlantic Beach on January 10, 2011.
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Ordinance Number 95 -10 -102
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH:
SECTION 1. Chapter 24, Land Development Regulations, of the Code of
Ordinances for the City of Atlantic Beach, Florida is hereby amended to add new Section
24 -158, Dog - Friendly Restaurants, and upon enactment shall read as follows.
Section 24 - 158. Dog Friendly Restaurants.
(a) Purpose and intent. The Dixie Cup Clary Local Control Act, Florida Statutes
§509.233, grants the City the authority to provide exemptions from certain
portions of the United States Food and Drug Administration Food Code, as
amended from time to time, and as adopted by the State of Florida Division of
Hotels and Restaurants of the Department of Business and Professional
Regulation, in order to allow patrons' dogs within certain designated outdoor
areas of their respective establishments while providing for regulation and
enforcement required to promote, protect, and maintain the health, safety and
welfare of the public. By authority of F.S. &509.233(2), there is hereby created in
the City of Atlantic Beach, Florida such a local exemption procedure, known as
the City of Atlantic Beach Dog - Friendly Restaurants.
(b) Applicability. 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 unexpiredpermit pursuant to this section allowing dogs
in designated outdoor dining areas of the establishment.
(c) Definitions. As used in this Section, the following terms shall be defined as set
forth herein unless the context clearly indicates or requires a different meaning:
Administrator shall mean the representative(s) of the City as designated by
the City Manager to oversee administration and enforcement of this
Section.
Employee shall mean owner, manager, host, wait staff, cook, dishwasher
or any other person involved in the operation of the public food service
establishment.
Division shall mean the Division of Hotels and Restaurants of the State of
Florida Department of Business and Professional Regulation.
Dog shall mean an animal of subspecies Canis lupus familiaris.
Outdoor Area shall mean an area not enclosed in a building and which is
intended or used as an accessory area to a public food service
establishment which provides food and/or drink to patrons for
consumption in the area.
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Ordinance Number 95 -10 -102
Patron shall mean any guest or customer of a public food service
establishment.
Public food service establishment and food service establishment shall
mean any building, vehicle, place, or structure, or any room, division, or
area in or adjacent to 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.
(d) Permit requirements. No public food service establishment within the City shall
have or allow any dog on its premises unless the food service establishment
possesses a valid permit issued in accordance with this section, or unless
otherwise permitted pursuant to Florida Statutes.
(1) Permit application. An applicant for a dog - friendly restaurant permit
shall submit the established fees along with the application form created
and provided by the City to the designated administrative department. The
application shall contain all required narrative and graphical information
necessary to determine compliance with the provisions of this Section and
deemed reasonably necessary for the enforcement of the provisions of this
Section, but shall require, at a minimum, the following information:
a. The name, location, and mailing address of the food service
establishment.
b. The appropriate and current Division - issued license number for the
public food service establishment on all application materials.
c. The name, mailing address, and telephone contact information for
the owner of the public food service establishment.
d. The name, mailing address and telephone contact information for
the manager of the public food service establishment.
e. The name, mailing address, and telephone contact information for
the permit applicant.
f. A diagram and description of the outdoor area to be designated as
available to patrons' dogs, including the following:
1. Dimensions of the designated area;
2. A depiction of the number and placement of tables, chairs,
and restaurant equipment, if any;
3. The entryways and exits to the designated outdoor area;
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Ordinance Number 95 -10 -102
4. The boundaries of the designated area and of other areas of
outdoor dining not available forpatrons' dogs;
5. Any fences or other barriers; and
6. Surrounding property lines and public rights -of -way,
including sidewalks and common pathways.
The diagram or plan shall be accurate and to scale but need not be
prepared by a licensed design professional.
g. A description of the days of the week and hours of operation that
patrons' dogs will be permitted in the designated outdoor area.
h. The property owner's authorization shall also be required if the
applicant is not the property owner.
(2) Fees. The City Commission shall establish reasonable fees to cover the
cost of processing an initial application and issuing the permit, including a
portion for initial permit compliance inspection and program monitoring.
Separate fees shall be established for verified complaint -based and permit
reinstatement compliance inspections. Such fees are detailed in Section
24 -69 of this Chapter.
(3) Permit application review and approval. Permit applications submitted
under this Section shall be reviewed and approved by the Administrator in
accordance with the following:
a. The permit application shall be submitted at least 30 days prior to
the date anticipated by the food service establishment for inception
of the program in the designated outdoor area.
b. The applicant shall be required to prominently display notice
within the food service establishment that application has been
made for a dog - friendly restaurant permit. The notice shall
indicate the portion of the seating area for which permitting is
requested and the anticipated start date of service. The notice shall
be displayed commencing the date application is made and
continue until such date the permit is issued or the application is
withdrawn or abandoned.
c. No permit shall be issued for any outdoor seating area which has
not been properly authorized by the City or which does not meet
all applicable criteria of the City's Land Development Regulations
and regulations of the Division.
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Ordinance Number 95 -10 -102
d. For permits authorizing dogs within the outdoor areas of a food
service establishment located on any right -of -way or other property
of the City or any other governmental entity, the Administrator
shall require the applicant to produce evidence of the following:
1. A valid right -of -way, sidewalk, or other permit, license, or
lease showing the food service establishment has the right
to occupy and use the area; and
2. A properly executed insurance endorsement providing
commercial general liability insurance coverage in an
amount of no less than $500,000.00 per occurrence and
$1,000,000.00 aggregate. The policy shall not have any
exclusion for animals or animal bites. All insurance shall
be from companies duly authorized to do business in the
State of Florida. All liability policies shall be endorsed to
provide that the City or any other appropriate governmental
entity is an additional insured as to the operation of the
outdoor dining area on such government property.
e. After the Administrator determines the application for a permit to
be complete and in compliance with this Section, the Administrator
shall cause inspection of Outdoor areas of the food service
establishment designated in the application for compliance with the
provisions of this Section. Afood service establishment found not
in compliance upon such inspection shall have a reasonable time in
which to correct any deficiencies found. Upon correction of such
deficiencies, the public food service establishment shall request re-
inspection and pay a re- inspection fee.
f. A food service establishment making application for or issued a
permit under this Section shall provide access to the premises of
thefood service establishment upon request of the Administrator or
any designated official of the City or the Division for periodic
inspections and monitoring for compliance. Neither advance
notice nor written request shall be required for such inspections.
g. An application shall be deemed abandoned if it remains incomplete
in the determination of the Administrator for a period of 90 days
after notice to the applicant of the deficiencies in the application or
if inspection of the food service establishment revealed
deficiencies in compliance with this Section and the applicant has
not requested re- inspection within such period.
h. A permit issued pursuant to this Section shall not be transferrable
to a subsequent owner upon the sale or transfer of a public food
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Ordinance Number 95 -10 -102
serviced establishment, but shall expire automatically upon the
sale, lease, or other transfer of an interest in the food service
establishment, and service under such expired permit shall cease.
The subsequent owner, lessee, or other person acquiring an interest
in the food service establishment shall be required to reapply for a
permit pursuant to this Section if such person desires to continue to
accommodate patrons' dogs according to the provisions of this
program.
(4) Permit expiration. Each permit issued under this Section shall expire on
September 30 next following issuance, regardless of when issued.
(5) Permit renewal. Each September, the Administrator shall review the
compliance records for each public food service establishment with a
current dog - friendly restaurant permit and send out renewal notices to
those establishments not having substantial and/or habitual violations
during the past year. Upon receipt of a complete renewal application and
appropriate fees, and successful permit inspection, the Administrator shall
issue a renewal permit with an effective date of October 1 of that year.
The Administrator shall issue a consultation notice to those food service
establishments having substantial and/or habitual violations during the
past year. At consultation, the Administrator and the applicant shall
discuss severity and frequency of violations documented during the past
year, and the Administrator shall determine whether or not the applicant
may apply for a probationary renewal permit. Any food service
establishment issued consultation notices for two (2) consecutive years
shall be prohibited from applying for a dog - friendly restaurant permit.
(6) Permit revocation. A permit issued under this Section may be revoked
by the Administrator subject to the following conditions.
a. A permit issued under this Section may be revoked by the
Administrator if, after notice and reasonable time in which the
grounds for revocation may be corrected, the 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 permit, fails to pay when due any
permit, renewal, inspection, or re- inspection fees, is found to be in
violation of any provision of this Section, this Chapter, this Code.,
or regulations of the Division, or there exists any other threats to
the health, safety, or welfare of the public. The Administrator may
suspend the permit and the food service establishment shall cease
service under the permit pending correction of the grounds for
revocation. If the grounds for revocation are a failure to maintain
any required state or local license or permit, revocation may take
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Ordinance Number 95 -10 -102
effect immediately upon giving notice of revocation to the food
service establishment owner or manager. A suspension or
revocation by the Administrator shall be appealable as provided in
the general appeal provision of this Chapter, but shall remain in
effect during the course of such appeal.
b. If a permit issued to a food service establishment under this
Section is revoked, no new permit may be approved or issued for
such food service establishment until the expiration of 180 days
following the date of such revocation, at which time the applicant
may request a consultation with the Administrator to discuss
issuance of a renewal permit.
(e) Use - specific standards. In addition to the general development standards and
those specific to the applicable zoning district, any public food service
establishment that receives a permit to allow dogs within a designated outdoor
dining area pursuant to this Section shall require observation and compliance
with the following use - specific standards.
(1) The public food service establishment and designated outdoor area shall
comply with all permit conditions and the approved diagram.
(2) Permits shall be conspicuously displayed in the designated outdoor area.
(3) Waterless hand sanitizer shall be provided at all tables in the designated
outdoor area.
(4) A kit with appropriate materials and supplies for cleaning and sanitizing
an area soiled by dog waste shall be maintained in the designated outdoor
area. Dog waste shall not be carried in or through indoor portions of the
public food service establishment.
(5) Ingress and egress to the designated outdoor area shall not require
entrance into or passage through any indoor area or non - designated
outdoor areas of the public food service establishment.
(6) No dogs shall be allowed in the designated outdoor areas of the food
service establishment if a violation of any of the requirements of this
Section exists.
(7) All dogs shall wear a current license tag or rabies tag and the patron shall
have a current license certificate or rabies certificate immediately
available upon request.
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Ordinance Number 95 -10 -102
(f) Required signs. Any public food service establishment that receives a permit
to allow dogs within a designated outdoor dining area pursuant to this Section
shall provide signage in accordance these standards and content.
(1) Sign standards. Signs must comply with the following.
a. Lettering must be no less than a thirty -six (36) point font.
b. Lettering must be in a contrasting color to the sign background so
as to be visible and readable.
(2) Employee- directed content signs. Signs with the following rules must be
prominently posted in an employee area.
a. Employees shall wash their hands promptly after touching, petting,
or otherwise handling any dog, and shall wash their hands before
entering other parts of the public food service establishment from
the designated outdoor area.
b. Employees shall be prohibited from touching, petting, or otherwise
handling any dog while serving food or beverages or while
handling tableware.
c. Employees shall not permit any dog to be in, or to travel through,
indoor or non - designated outdoor areas of the public food service
establishment.
d. Employees shall not allow any dog to come into contact with
serving dishes, utensils, tableware, linens, paper products, or any
other items involved in food service operations.
e. Employees shall not allow any part of a dog to be on chairs, tables
or other furnishings. Dogs must remain on the floor /ground level
and shall not be permitted in the lap of thepatron.
f. Employees shall clean and sanitize all table and chair surfaces with
an approved product between seating of patrons.
g. Spilled food and/or drink must be removed from the floor or
ground as soon as possible, but in no event less frequently than
between seating of patrons at the nearest table.
h. Accidents involving dog waste must be immediately cleaned and
sanitized with an approved product.
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Ordinance Number 95 -10 -102
(3) Patron - directed content. Signs with the following rules must be
prominently posted at the entrance to the designated outdoor area
allowing dogs.
a. Patrons shall keep their dogs on a leash at all times and shall keep
their dogs under reasonable control.
b. Patrons shall not leave their dogs unattended for any period of
time.
c. Patrons 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.
d. Patrons shall not allow any part of a dog to be on chairs, tables or
other furnishings. Dogs must remain on the floor /ground level and
shall not be permitted in the lap of the patron.
e. Accidents involving dog waste must be immediately cleaned and
sanitized with an approved product.
f. Patrons are advised to wash their hands with waterless hand
sanitizer before eating.
(g) Complaints and reporting requirements. In accordance with F.S.
5509.233, the Administrator shall provide the Division with the following in a
timely manner.
(1) The Administrator shall establish a procedure for accepting, documenting
and responding to complaints related to the program in a timely manner.
(2) The Administrator shall in a timely manner provide the Division with a
copy of all approved applications and permits issued.
(3) The Administrator shall promptly provide the Division with copy of all
complaints and responses to such complaints.
(4) All applications, permits, and other materials submitted to the Division
shall contain the Division - issued license number for the public food
service establishment.
SECTION 2. Section 24 -69, Fees, of Chapter 24, Land Development
Regulations, of the Code of Ordinances for the City of Atlantic Beach, Florida is hereby
amended to add new subsection 24- 69(d), Specific Use Review Fees, and upon enactment
shall read as follows.
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Ordinance Number 95 -10 -102
Sec. 24-69. Fees.
Pursuant to Section 24- 46(e), the City Commission for the City of Atlantic Beach hereby
establishes the following fees related to the administrative cost of carrying out the
requirements of this Chapter and also to cover the costs for planning, zoning, engineering
utility and specific use reviews. These fees shall be payable to the City at the time such
application or request is filed. Applications for planning and zoning related requests shall
not be considered as complete applications until such time as required fees have been
paid in full. Fees for specific use verified complaint -based and permit reinstatement
reviews must be paid prior to scheduling of subsequent compliance inspections. Fees as
required by this Section are not refundable.
(d) Specific Use Review Fees.
(1) Dog - Friendly Dining.
a. Initial application (full year) $175.00
(half year) $ 90.00
Includes processing of application, initial inspection, permit
issuance, and three subsequent quarterly compliance inspections.
b. Renewal application $125.00
Includes annual compliance review and inspection, permit
issuance, and three subsequent quarterly compliance inspections.
c. Verified complaint -based compliance $ 55.00
Includes one (1) compliance inspection, upon verification of a
complaint -based violation. Each additional re- inspection for failed
compliance will be charged this same amount.
d. Permit reinstatement $ 55.00
Includes one (1) compliance inspection, upon suspension due to
violations documented at time of quarterly inspection, and permit
reinstatement/issuance. Each additional re- inspection for failed
compliance will be charged this same amount.
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Ordinance Number 95 -10 -102
SECTION 3. This ordinance shall take effective immediately upon its final
passage and adoption and shall be recorded in a book kept and maintained by the Clerk of
the City of Atlantic Beach, Florida, in accordance with § 125.68, Florida Statutes.
Passed on first reading by the City Commission of the City of Atlantic Beach the 13 day
of December, 2010. Passed on final reading and public hearing the 10 day of January,
2011.
,., , . i.4 46.2 .,
LOUIS "MIKE" BORNO, J' i
Mayor/Presiding Officer
Approved as to form and correctness:
/IA
AL • A JE SEN, ESQUIRE
City ' . rney
Attest:
doi.„,s„,,r,&,te,
DONNA L. BARTLE, CMC
City Clerk
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Ordinance Number 95 -10 -102