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
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19
20
21 Co . 'o -r —
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23
24 —,
25 Commiss oner — Ste Hol : n
26 - ----
27
28
29 Coimissioner — Marlene Ross
30 ATTEST:
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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