§ 134-3. Local Exemption to Allow Patrons' and Employees' Dogs in Public Food Service Establishments.

(a)

Definitions. [The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Division means the division of hotels and restaurants of the State of Florida Department of Business and Professional Regulation.

Employee means a person employed by the subject public food service establishment for wages or salary or on an official volunteer basis.

Patron means the same as guest as provided in F.S. § 509.013.

Public food service establishment means the same as provided in F.S. § 509.013.

(b)

No dog shall be in a public food service establishment unless the public food service establishment has received and maintains an unexpired and valid permit pursuant to this section allowing dogs in designated outdoor areas of the establishment and in accordance with F.S. § 509.233.

(c)

Application requirements. Public food service establishments must apply for and receive a permit from the county before patrons' or employees' dogs are allowed on the premises. The county shall establish a reasonable fee to cover the cost of processing the initial application and renewals. The application for a permit shall require such information from the applicant as is deemed reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the following information:

(1)

Name, location, mailing address and division of hotels and restaurants-issued license number of the public food service establishment.

(2)

Name, mailing address, and telephone contact information of the permit applicant. The name, mailing address, and telephone contact information of the owner of the public food service establishment shall be provided if the owner is not the permit applicant.

(3)

A diagram and description of the outdoor area which is requested to be designated as available to patrons' or employees' 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 the other outdoor dining areas not available for patrons' or employees' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information as is deemed necessary by the county. The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit.

(4)

A description of the days of the week and hours of operation that patrons' or employees' dogs will be permitted in the designated outdoor area.

(5)

Prior to the issuance of a permit, the applicant shall furnish the permitting official with a signed and notarized statement that the permittee shall hold harmless and indemnify the county, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.

(6)

Permittee shall purchase and maintain liability insurance consistent with the terms and conditions of the latest version of the Commercial General Liability Coverage Form as issued by the Insurance Services Office (ISO). The permittee must ensure that such insurance does not exclude or limit coverage for claims arising out of incidents related to or caused by animals. Such insurance shall provide limits of not less than $1,000,000.00 per occurrence. All insurance shall be from companies duly authorized to do business in the State of Florida and acceptable to the county. The county shall be named as an "Additional Insured" on the required insurance. All policies required under this ordinance shall provide that such policies may not be terminated or cancelled without 45 days' written notice. Permittee shall send notice of termination or cancellation of insurance policies via certified mail to the licensing official. Termination or cancellation of the insurance required will result in the permit being suspended immediately and revoked as set forth in section (e) herein.

(d)

Regulations. Public food service establishments that receive a permit for a designated outdoor area pursuant to this section shall require that:

(1)

Employees wash their hands promptly after touching, petting, or otherwise handling any dog(s) and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor area. "Employee" or "employees" shall include, but is not limited to, the owner(s), operator(s), manager(s) or assistant manager(s) of the public food service establishment.

(2)

Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware.

(3)

Patrons in a designated outdoor area shall be advised by appropriate signage, at conspicuous locations, that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area.

(4)

Patrons in a designated outdoor area shall be advised by appropriate signage, that all dogs shall be kept on a leash, that at all times all patrons with dogs shall keep such dogs under reasonable control, and that such patrons shall not leave their dogs unattended.

(5)

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. Patrons shall be advised of this requirement by appropriate signage at conspicuous locations.

(6)

Patrons and employees' shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. Patrons and employees' shall not leave their dogs unattended.

(7)

Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other furnishings.

(8)

Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons.

(9)

Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons at the nearest table.

(10)

Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. Employees shall keep a kit with the appropriate materials for this purpose near the designated outdoor area. Dog waste shall not be carried in or through indoor portions of the public food establishment.

(11)

Employees and patrons shall not permit dogs to be in, or to travel through, indoor or non-designated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into, or passage through, any indoor area of the food establishment.

(12)

A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' or employees' dogs shall be posted in a conspicuous manner that places the public on notice.

(13)

A sign or signs informing patrons of these laws shall be posted on premises in a conspicuous manner and place.

(14)

Employees and patrons shall not allow any dog to be in the designated outdoor areas of the public food service establishment if the public food service establishment is in violation of any of the requirements of this section, or if they do not possess a valid permit.

(15)

Permits shall be readily available for inspection.

(16)

All dogs shall wear a current county license tag or rabies tag or the patron shall have a current license certificate or rabies certificate immediately available upon request.

(e)

Expiration and revocation.  

(1)

A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit if the subsequent owner wishes to continue to allow patrons' or employees' dogs in a designated outdoor area of the public food service establishment.

(2)

Permits shall expire two year(s) from the date of issuance, unless renewed by the application of the permittee and approved by the county.

(3)

A permit may be revoked by the county if, the grounds for revocation has not been corrected within 30 days after notice to the permittee, the public 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 is found to be in violation of any provision of this section. If the ground for revocation is a failure to maintain any required state or local license or insurance as required under section (c)(6), the revocation may take effect immediately upon giving notice of revocation to the permit holder.

(4)

If a public food service establishment's permit is revoked, no new permit may be approved until the expiration of 90 days following the date of revocation, providing that the public food service establishment is in compliance and has paid any fines that may be imposed.

(f)

Complaints and reporting.  

(1)

Complaints may be made in writing to the Code Compliance Department which shall accept, document, and respond to all complaints. The Code Compliance Department shall timely report to the division of restaurants and hotels (the division) all complaints and the response to such complaints.

(2)

The county shall provide the division with a copy of all approved applications and permits issued.

(3)

All applications, permits, and other related materials shall contain the division-issued license number for the public food service establishment.

(4)

The patron or employee, or both, may be issued civil citations for each violation of this section.

(g)

Penalties. Citations issued for violations of any provisions of this section shall be brought forth before the code enforcement special magistrate or in county court pursuant to F.S. Chapter 162 or Chapter 8 of the Code of Ordinances for Monroe County. Each instance of a dog on the premises of a public food service establishment without a permit is a separate violation.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)