§ 138-3354. Dog friendly dining program.

(a)

Purpose. The purpose and intent of this section is to implement the program established by F.S. § 509.233 by permitting public food service establishments within Pinellas County, Florida, subject to the terms 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)

Applicability. Pursuant to F.S. § 509.233, there is hereby created in the County of Pinellas, 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 Pinellas County Dog Friendly Dining Program.

(c)

Standards.

(1)

Permit required, submittals.

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 the public food service establishment possesses a valid permit issued in accordance with this section.

b.

Applications for a permit under this section shall be made to the county administrator, on a form provided for such purpose by the county administrator, and shall include, along with any other such information deemed reasonably necessary by the county administrator in order to implement and enforce the provisions of this section, 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 county administrator. 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.

Written authorization to obtain the permit from the owner of the property on which the public food service establishment is located if the applicant is not the owner.

6.

All application materials shall contain the appropriate division issued license number for the subject public food service establishment. Any permit issued to a public food service establishment under this section shall include the appropriate division issued license number of that establishment.

(2)

General regulations; cooperation; enforcement.

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 section 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 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. 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 section, and those additional rules and regulations, if any, included as further conditions of the permit by the county administrator, 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 11 inches in height (8½ × 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 section, and those additional rules and regulations, if any, included as further conditions of the permit by the county administrator, 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 11 inches in height (8½ × 11) and printed in easily legible typeface of not less than 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 11 inches in height (8½ × 11) and printed in easily legible typeface of not less than 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 section 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 section if such owner wishes to continue to accommodate patrons' dogs.

c.

Permits shall expire on September 30 of each year. A public food service establishment must obtain a new permit for each fiscal year beginning on October 1 to operate a dog friendly dining program.

d.

A permit may be revoked if, after notice, 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. A revocation determination may be appealed to the county administrator within 30 days of the date of the determination.

e.

In accordance with F.S. § 509.233, the county administrator shall accept, document, and respond to complaints related to the dog friendly dining program within Pinellas County, and shall timely report to the division all such complaints and the county's enforcement response to such complaint. The county administrator shall also timely provide the division with a copy of all approved applications and permits issued pursuant to this section.

f.

Any public food service establishment that fails to comply with the requirements of this section shall be in violation of this section of the Pinellas County Code and shall be subject to any and all enforcement proceedings pursuant to section 134-8 of the Pinellas County Code and general law.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)