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12-014 1 ORDINANCE NO. 12 -0 1 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA AMENDING THE LAND 5 DEVELOPMENT REGULATIONS BY ADDING SUBSECTION B OF 6 CHAPTER 2, ARTICLE V, SECTION 2, ENTITLED "DOGS IN 7 OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE 8 , ESTABLISHMENTS "; AMENDING CHAPTER 3, ARTICLE V, BY 9 CREATING A NEW SECTION 14, PURSUANT TO THE DIXIE CUP 10 CLARY CONTROL ACT, FLORIDA STATUTE 509.233 11 ' PERMITTING DOGS TO BE IN CERTAIN PUBLIC FOOD SERVICE 12 ESTABLISHMENTS WHICH HAVE RECEIVED A PERMIT; 13 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 14 AND AN EFFECTIVE DATE. 15 16 17 WHEREAS, the City Commission finds it to be in the best interest of the citizens and 18 residents of the City of Boynton Beach to amend the Land Development Regulations "LDR ", 19 pursuant to the Dixie Cup Clary Control Act, Florida Statute 509.233 which permits dogs to 20 be in certain public food service establishments which have received a permit. 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified 24 and confirmed by the City Commission. 25 Section 2. Chapter 2, Article V, Section 2, of the Land Development Regulations, 26 is hereby amended by adding the words and figures in underlined type, as follows: 27 PART III (LDR), CHAPTER 2, ARTICLE V, SECTION 2. 28 Section 2. Business Tax Receipt. 29 30 A. Generally. A business tax receipt is required prior to 31 engaging in or managing any business, profession, or occupation within 32 the City. It shall be unlawful for any person to engage in any non - 33 exempt business, profession, or occupation without first obtaining a 34 business tax receipt in accordance with Part II City Code of 35 Ordinances, Chapter 13 Licenses. 36 1 1 B. Dogs in Outdoor Portions of Public Food Service 2 Establishments. 3 4 1. General. 5 6 a. Purpose and Intent. The purpose of this 7 subsection is to set forth uniform procedures, a well - 8 , defined application process, and information that shall 9 I be included in applications to allow dogs within outdoor 10 public food service establishments. 11 12 b. Applicability. This process shall be 13 required of any public food service establishment 14 desiring to allow patrons' dogs within qualified seating 15 areas in accordance with Chapter 3, Article V, Section 16 13. 17 18 2. Submittal Requirements. Public food service 19 establishments must apply for and receive a permit from the 20 Development Department before patrons' dogs are allowed on 21 the premises. The application for a permit shall require such 22 information from the applicant as is deemed reasonably 23 necessary to enforce the provisions of this section, but shall 24 require, at a minimum, the following information: 25 26 a. Information. 27 28 (1) Name, location, mailing address and 29 division issued license number of the public food 30 service establishment. 31 32 (2) Name, mailing address, and telephone 33 contact information of the permit applicant. 34 35 b. Diagram. A diagram and description of the 36 outdoor area which is requested to be designated as 37 available to patrons' dogs, including dimensions of the 38 designated area a depiction of the number and 39 placement of tables, chairs, and restaurant equipment, if 40 any the entryways and exits to the designated outdoor 41 area; the boundaries of the designated area and of the 42 other outdoor dining areas not available for patrons' 43 dogs; any fences or other barriers; surrounding property 44 lines and public rights -of -way, including sidewalks and 45 common pathways; and such other information as is 46 deemed necessary by the city. No more than 30% of the 47 outdoor food service portion of the food establishment 2 1 shall be designated as a service area where dogs are 2 permitted. 3 4 The diagram shall be accurate and to scale but need not 5 be prepared by a licensed design professional. A copy of 6 the approved diagram shall be attached to the permit. 7 8 c. Hours of Operation. A description of the days 9 of the week and hours of operation that patrons' dogs 10 I will be permitted in the designated outdoor area. 11 12 3. Review Criteria. The review criteria for this 13 application shall be in accordance with the standards of Chapter 14 3, Article V, Section 13. 15 16 ; 4. Approval Process. Applications shall be reviewed by 17 staff and action will be taken by the appropriate administrative 18 official within 30 days of the application. 19 20 5. Expiration. A permit issued pursuant to this section 21 shall expire automatically upon the sale of the public food 22 service establishment and cannot be transferred to a subsequent 23 owner. The subsequent owner may apply for a permit pursuant 24 to this section if the subsequent owner wishes to continue to 25 allow patrons' dogs in a designated outdoor area of the public 26 food service establishment. 27 28 6. Revocation. 29 30 a. A permit may be revoked by the city if, after 31 notice and reasonable time in which the grounds for 32 revocation may be corrected, the public food service 33 establishment fails to comply with any condition of 34 approval, fails to comply with the approved diagram., 35 fails to maintain any required state or local license, or is 36 found to be in violation of any provision of this section. 37 If the ground for revocation is a failure to maintain any 38 required state or local license, the revocation may take 39 effect immediately upon giving notice of revocation to 40 the permit holder. 41 42 b. If a public food service establishment's permit is 43 revoked, no new permit may be approved for the 44 establishment until the expiration of 90 days following 45 the date of revocation, providing that all issues causing 46 the revocation have been satisfied. This includes any 47 outstanding fines. 48 3 I 1 7. Complaints and Reporting. 2 3 a. Complaints may be made in writing to the Code 4 Compliance Division of the Police Department who 5 shall accept, document, and respond to all complaints 6 and shall timely report to the division all complaints and 7 the response to such complaints. 8 9 b. The patron or the designated person in charge of 10; the public food service establishment, or both, may be 11 issued civil citations for each violation of this ordinance. 121 13 1 E 14 Section 3. Chapter 3, Article V, Section 14, of the Land Development 15 1 Regulations, is hereby amended by adding the words and figures in underlined type, as 16 follows: 17 PART III (LDR), CHAPTER 3, ARTICLE V, SECTION 14 18 Section 14. Dogs in Outdoor Portions of Public Food Service 19 Establishments. 20 21 A. General. 22 23 1. Purpose and Intent. The Dixie Cup Clary Local 24 Control Act grants the city the authority to provide exemptions 25 from Florida regulations governing food service establishments. 26 The purpose of this section is to allow dogs in outdoor portions 27 of public food service establishments in a manner consistent 28 with state law. The procedure adopted pursuant to this section 29 provides an exemption, for those public food service 30 establishments which have applied for and received a permit, to 31 those sections of the Food and Drug Administration Food Code 32 that prohibit live animals in public food service establishments. 33 34 2. Terms and Definitions. As used in this section, 35 "public food service establishments" shall mean eating and 36 drinking establishments, restaurants, and sidewalk cafes as 37 defined by the City Code. "Employee" or "employees" shall 38 include, but is not limited to, the owner or owners of the public 39 food service establishment. 40 41 B. City Approval Required. No dog shall be in a public food 42 service establishment unless allowed by state law and the public food 43 service establishment has received and maintains an unexpired and 4 1 valid permit pursuant to Chapter 2, Article V, Section 2 allowing dogs 2 in designated outdoor areas of the establishment. 3 4 C. Standards. Public food service establishments that receive a 5 permit for a designated outdoor area pursuant to this section shall 6 require that: 7 8 , 1. Employees shall wash their hands promptly after 9 ] touching, petting, or otherwise handling any dog(s) and shall 10 wash their hands before entering other parts of the public food 11 service establishment from the designated outdoor area. 12 13 2. Employees are prohibited from touching, petting or 14 otherwise handling any dog while serving or carrying food or 15 beverages or while handling or carrying tableware. 16 17 3. Patrons in a designated outdoor area shall be advised by 18 appropriate signage, at conspicuous locations, that they should 19 wash their hands before eating. Waterless hand sanitizer shall 20 be provided at all tables in the designated outdoor area. 21 22 4. Patrons shall keep their dogs on a leash at all times and 23 shall keep their dogs under reasonable control. 24 25 5. Employees and patrons shall not allow dogs to come 26 into contact with serving dishes, utensils, tableware, linens, 27 paper products, or any other items involved with food service 28 operations. 29 30 6. Employees and patrons shall not allow any part of a dog 31 to be on chairs, tables, or other furnishings. Dogs must remain 32 on the floor /ground level and shall not be permitted in the lap of 33 the patron. 34 35 7. Employees shall clean and sanitize all table and chair 36 surfaces with an approved product between seating of patrons. 37 38 8. Employees shall remove all dropped food and spilled 39 drink from the floor or ground as soon as possible but in no 40 event less frequently than between seating of patrons at the 41 nearest table. 42 43 9. Employees and patrons shall remove all dog waste 44 immediately and the floor or ground shall be immediately 45 cleaned and sanitized with an approved product. Employees 46 shall keep a kit with the appropriate materials for this purpose 47 near the designated outdoor area. 48 5 • 1 10. Employees and patrons shall not permit dogs to be in, or 2 to travel through, indoor or nondesignated outdoor portions of 3 the public food service establishment. 4 5 11. A sign or signs notifying the public that the designated 6 outdoor area is available for the use of patrons and patrons' dogs 7 shall be posted in a conspicuous manner that places the public 8 on notice. 9 10 12. A sign or signs informing patrons of these laws shall be 11 posted on premises in a conspicuous manner and place as 12 determined by the city. 13 14 13. A sign or signs informing employees of these laws shall 15 be posted on the premises in a conspicuous manner and place as 16 I determined by the city. 17' 18 14. Ingress and egress to the designated outdoor area shall 19 not require entrance into or passage through any indoor area or 20 nondesignated outdoor portions of the public food service 21 establishment. 22 23 15. The public food service establishment and designated 24 outdoor area shall comply with all permit conditions and the 25 approved diagram. 26 27 16. Employees and patrons shall not allow any dog to be in 28 the designated outdoor areas of the public food service 29 establishment if the public food service establishment is in 30 violation of any of the requirements of this section, or if they do 31 not possess a valid permit. 32 33 17. Permits shall be conspicuously displayed in the 34 designated outdoor area. 35 36 18. It shall be unlawful to fail to comply with any of the 37 requirements of this section. Each instance of a dog on the 38 premises of a public food service establishment without a 39 permit is a separate violation. Each violation of any of the 40 requirements of this section is considered a separate violation. 41 42 19. All dogs shall wear a current license tag or rabies tag. 43 44 Section 15. 1-4, Penalties. 45 46 The City or any other legal authority shall enforce any violation of this article 47 pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 48 of these Land Development Regulations. 6 1 2 Section 4. Should any section or provision of this Ordinance or any portion 3 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 41 affect the remainder of this Ordinance. 5 Section 5. Authority is hereby given to codify this Ordinance. 6 Section 6. This Ordinance shall become effective immediately. 7 FIRST READING this 21 day of August, 2012. 8 SECOND, FINAL READING AND PASSAGE this A day of Sept , 2012. 9 CITY OF /BOYNTON BEACH, FLO' IDA 10 11 12 Afi Ara 13 Mayor — Woodrow L. Hay 14 15 16 . A1110 1 P p 17 7 1Z7 Mayor — Mack McCray 18 19 20 21 Co . 'o -r — 22 23 24 —, 25 Commiss oner — Ste Hol : n 26 - ---- 27 28 29 Coimissioner — Marlene Ross 30 ATTEST: 31 32 33 34 - , ' `• /3 35 , Ja • t M. Prainito, MMC 36 y Clerk 37 38`;t,,, 39 40 ry.re Seal) 41 ? qty , y i 7