(a)

The purpose and intent of this part is to implement the pilot program established by F.S. (2006) § 509.233, by permitting public food service establishments located within the B Business District of Bal Harbour Village, Florida, subject to the terms and conditions contained herein, to become exempt 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 portions of their respective establishments.

(b)

Pursuant to F.S. § 509.233(2), there is hereby created in Bal Harbour Village, 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 Bal Harbour Village Dog Friendly Dining Program.

(c)

As used in this article, hereof:

Division means the Division of Hotels and Restaurants of the State of Florida Department of Business and Professional Regulation.

Dog means an animal of the subspecies Canis lupus familiaris.

Outdoor area means an area adjacent to a public food service establishment that is predominantly or totally free of any physical barrier on all sides and above.

Patron has the meaning given to "guest" by F.S. § 509.013.

Public food service establishment has the meaning given it by F.S. § 509.013.

(Ord. No. 519, § 2, 5-15-07)

(a)

In order 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 is located in the B Business District and it possesses a valid permit issued in accordance with this part.

(b)

Applications for a permit under this part shall be made to the Building Official, on a form provided for such purpose by the Building Official, and shall include, along with any other information deemed reasonably necessary by the Building Official in order to implement and enforce the provisions of this part, the following:

(1)

The name, location, and mailing address of the subject public food service establishment.

(2)

The name, mailing location, and telephone contact information of the permit applicant.

(3)

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 Building Official. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional.

(4)

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

(5)

A statement that the subject public food service establishment is located in the B Business District.

(6)

All application materials shall contain the appropriate division issued license number for the subject public food service establishment.

(c)

Upon receipt of a complete application, the Building Official shall place the permit application on the next available Council agenda for consideration by the Council, accompanied by a report and recommendation of the Building Official for approval or denial and any appropriate conditions which are recommended to be attached to any Council approval. The Council shall either issue or deny the permit based upon whether it finds that the intent, purposes and conditions of this Section shall be met. The Council may impose additional or other conditions upon any permit granted hereunder.

(Ord. No. 519, § 2, 5-15-07)

(a)

In order to protect the health, safety, and general welfare of the public, and pursuant to F.S. § 509.233, all permits issued pursuant to this part are subject to the following requirements:

(1)

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.

(2)

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.

(3)

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.

(4)

Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control.

(5)

Dogs shall not be allowed on chairs, tables, or other furnishings.

(6)

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.

(7)

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.

(8)

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 Village Council, 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 × 11) and printed in easily legible typeface of not less than 20-point font size.

(9)

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 Village Council, 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.

(10)

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.

(11)

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.

(b)

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.

(c)

In accordance with F.S. § 509.233(6), the Building Official shall accept and document complaints related to the Dog Friendly Dining Program within Bal Harbour Village, Florida, and shall timely report to the Division all such complaints and the Village's enforcement response to such complaint. The Building Official shall also timely provide the Division with a copy of all approved applications and permits issued pursuant to this part.

(d)

Any public food service establishment that fails to comply with the requirements of this part shall be guilty of violating this part of the Bal Harbour Village Code and shall be subject to any and all enforcement proceedings consistent with the applicable provisions of the Bal Harbour Village Code and general law. Each day a violation exists shall constitute a distinct and separate offense.

(Ord. No. 519, § 2, 5-15-07)