NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, THAT THE LAND DEVELOPMENT CODE OF THE CITY OF FORT WALTON BEACH IS AMENDED AS FOLLOWS:
Section 1. Authority and Intent
The authority for enactment of this ordinance is contained in Chapter 166.021, 163.3202, 509.233(2), and other provisions of the Florida Statutes and section 2 of the City Charter.
The purpose of this ordinance is to exempt by permit public food service establishments from certain portions of the State of Florida’s Food Code in order to allow patrons’ dogs within designated outdoor portions of their respective establishments. Section 509.233, of the Florida Statutes authorizes local governments to adopt an ordinance establishing a local exemption to certain provisions of general law and agency rules relating to public food service establishments to permit patrons’ dogs at certain designated outdoor portions of such establishments. The City Council recognizes the demand for such establishments and hereby finds and determines that this ordinance is in the best interest of the public health, safety, and welfare, and is consistent with the applicable provisions of the City’s Land Development Code.
Section 2. Amendment of Section 5.04.21, Restaurants, Drive-Up or Drive-Through
Section 5.04.21, Restaurants, Drive-Up or Drive-Through, of the Land Development Code, is hereby amended as follows:
5.04.21 Restaurants, Drive-Up or Drive-Through
A. The drive-up window(s) for restaurants with drive-up or drive-through service shall
not be located adjacent to property that is used or zoned for residential use. Where the site configuration does not allow for locating the drive-up or drive-through window on property lines adjacent to nonresidential uses, the drive-up or drive- through window shall be a minimum of fifty (50) feet from the property line abutting property used or zoned for residential development.
B. All drive-up or drive-through lanes shall comply with the stacking standards in
Section 6.05.02 of this LDC.
C. All drive-up or drive-through lanes shall be designed and located to avoid lights from vehicles in the drive-up or drive-through lanes shining toward or onto residential property. This standard may be met through the installation of a solid wall or solid fence.
D. Speaker systems shall be located to avoid sound that is audible above daytime
ambient noise at the property line.
E. Dog-Friendly Dining. Pursuant to section 509.233(2), Florida Statutes, there is hereby created in the City of Fort Walton Beach, Florida, a local exemption procedure to certain provisions 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 portions of public food service establishments, which exemption procedure may be known as the City of Fort Walton Beach Dog Friendly Dining Program.
1. To protect the health, safety, and general welfare of the public, a public food service establishment is prohibited from having any dog on its premises unless it possesses a valid permit issued in accordance with this part, which shall be made to the City on a form provided by the City, and shall include the following:
a. The name, mailing address, and telephone contact information of the permit applicant and the subject food service establishment.
b. 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 any 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 City. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.
c. A description of the days of the week and hours of operation that patron’ dogs will be permitted in the designated outdoor area.
d. All application materials shall contain the appropriate division issued license number for the subject public food service establishment.
2. All permits issued under this section are subject to the following requirements:
a. All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling any dog. Employees shall be prohibited from touching, petting, or otherwise handling any dog while serving food or beverages or handling tableware or before entering other parts of the public food service establishment.
b. 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.
c. 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.
d. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.
e. Dogs shall not be allowed on chairs, tables, or other furnishings.
f. 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.
g. 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 area.
h. 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 the City, shall be posted 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 inches in width and eleven inches in height (8 ½ x 11) and printed in easily legible typeface of not less than twenty (20) point font size.
i. 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 the City, shall be posted in a conspicuous location within the designated outdoor portion of the public food service establishment. The mandatory sign shall be not less than eight and one half inches in width and eleven inches in height (8 ½ x 11) and printed in easily legible typeface of not less than twenty (20) point font size.
j. At all times while the designated outdoor portion 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 portion of the public food service establishment, the purpose of which shall be to place patrons on notice that the designated outdoor portion of the public food service establishment is currently available to patrons accompanied by their dog or dogs. The mandatory sign shall be not less than eight and one-half inches in width and eleven inches in height (8 ½ x 11) and printed in easily legible typeface of not less than twenty (20) point font size.
k. Dogs shall not be permitted to travel through indoor or undesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment shall not require entrance into or passage through any indoor or undesignated outdoor portion of the public food service establishment.
3. A permit issued pursuant to this part shall not be transferred to a subsequent owner upon the sale or transfer of a public food service establishment, but shall expire automatically upon such sale or transfer. The subsequent owner shall be required to reapply for a permit pursuant to this part if such owner wishes to continue to accommodate patrons’ dogs.
4. In accordance with section 509.233(6), Florida Statutes, the City shall accept and document complaints related to the Dog Friendly Dining Program within the City, and shall timely report to the division all such complaints and the City’s enforcement response to such complaint. The City shall also timely provide the division with a copy of all approved applications and permits issued pursuant to this part.
Section 3. Effective Date
This Ordinance shall take effect immediately upon approval by the City Council and signature of the Mayor.