Manatee County Government Administrative Building First Floor, Chambers 9:00 a.m. - May 3, 2018

Transcription

1 Manatee County Government Administrative Building First Floor, Chambers 9:00 a.m. - May 3, 2018 May 3, 2018 Land Use Meeting Agenda Item #6 Subject LDCT-18-04/Ordinance County-Initiated Land Development Code Text Amendment Dog Dining - Legislative - Margaret Tusing, Principal Planner Briefings Briefing Provided Upon Request Contact and/or Presenter Information Presenter: Margaret Tusing, Principal Planner, ext Contact: Bobbi Roy, Senior Planning & Zoning Tech/Planning Coordinator Action Requested No action necessary; this is the first of two required public hearings. The second public hearing is scheduled for June 7, Enabling/Regulating Authority Florida Statutes Manatee County Comprehensive Plan Manatee County Land Development Code Background Discussion On April 24, 2007, the Board adopted Ordinance No establishing a three-year pilot program to allow dogs in pubic food service establishments. The Dixie Cup Clary Local Control Act, Florida Statute granted, the County the authority to provide exemptions from Section , 2001 FDA Food Code, as adopted and incorporated by the Division of Hotels and Restaurants ( Division ) in Chapter 61C-4.010(6), Florida Administrative Code (2006). The regulations were incorporated in the Code of Ordinances, Chapter 2-4 Animals, Article II Dogs in Public Food Establishments. After the pilot program expired, Florida Statute was amended and became effective October 1,

2 2009 to allow local governments to establish, by ordinance, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the Division, in order to allow patrons dogs within certain designated outdoor portions of public food service establishments. The Statute requires that any ordinance adopted pursuant to Section provide for codification within the land development code of the County. Amend LDC Section 200 Definitions to include the following definition: o PROPOSED DEFINITIONS? Public Food Service Establishment(s) shall be defined as outlined in Florida Statute PROPOSED LDC REVISIONS Staff reviewed the definition for public food service establishments and determined that definition and Manatee County s definition for restaurant are similar and that the most appropriate location for dog dining in the Use Tables is as a subset to Restaurant. LDC Section Schedule of Uses Table 4-1. Uses in Agriculture and Residential Districts and Table 4-2: Uses in Non-Residential Districts and LDC Section Schedule of Uses for Districts - Table 4-9: Schedule of Uses for Districts, are proposed to be revised to add Dog Dining as a subset under the land use Restaurant. Amend LDC Section Restaurants to include dog dining in certain outdoor portions of public food service establishments. Staff recommends approval. Manatee County Government Administrative Building First Floor, Chambers 9:00 a.m. - May 3, 2018 On April 12, 2018, by a vote of 6 0, the Planning Commission recommended approval. County Attorney Review Other (Requires explanation in field below) Explanation of Other Sarah Schenk reviewed and responded to Matter Reviewing Attorney Schenk Instructions to Board Records N/A Cost and Funds Source Account Number and Name N/A Amount and Frequency of Recurring Costs N/A Attachment: Staff Report - LDCT18-05 ORD18-22.pdf

3 Attachment: 1 - Newspaper Advertising.pdf Attachment: 2 - ORDINANCE with exhibits.pdf Attachment: 3 - F.S pdf Manatee County Government Administrative Building First Floor, Chambers 9:00 a.m. - May 3, 2018

4 B.C.C. 04/12/2018 LDCT-18-04/ORDINANCE COUNTY-INITIATED LAND DEVELOPMENT CODE TEXT AMENDMENT / DOG DINING AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FINDINGS; AMENDING THE LAND DEVELOPMENT CODE TO ESTABLISH A LOCAL EXEMPTION PROCEDURE FROM STATE LAW TO ALLOW DOGS IN OUTDOOR AREAS OF PUBLIC FOOD SERVICE ESTABLISHMENTS DURING OPERATING HOURS, AMENDING CHAPTER 2, SECTION 200, DEFINITIONS; AMENDING CHAPTER 4, SECTION 401.2, SCHEDULE OF USES, TABLE 4-1 USES IN AGRICULTURE AND RESIDENTIAL DISTRICTS, TABLE 4-2 USES IN NON-RESIDENTIAL DISTRICTS, AND SECTION SCHEDULE OF USES FOR DISTRICTS TABLE 4-9 SCHEDULE OF USES FOR DISTRICTS; AMENDING CHAPTER 5, STANDARDS FOR ACCESSORY AND SPECIFIC USES AND STRUCTURES, SECTION D., DOG DINING IN CERTAIN OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR OTHER AMENDMENTS AS MAY BE NECESSARY FOR INTERNAL CONSISTENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. P.C.: 04/12/2018 B.O.C.C.: 05/03/2018 and 06/07/2018 RECOMMENDED MOTION: No action necessary; this is the first of two required public hearings. The second public hearing is scheduled for June 7, PLANNING COMMISSION ACTION: On April 12, 2018, by a vote of 6 0, the Planning Commission recommended approval. Mr. Rutledge was absent. PUBLIC COMMENT AND CORRESPONDENCE: April 12, 2018 Planning Commission There were no public comments. Nothing was entered into the record.

5 Page 2 of 9 LDCT-18-04/Ordinance County-Initiated Land Development Code Text Amendment / Dog Dining SUMMARY/BACKGROUND: On April 24, 2007, the Board adopted Ordinance No establishing a three-year pilot program to allow dogs in pubic food service establishments. The Dixie Cup Clary Local Control Act, Florida Statute granted, the County the authority to provide exemptions from Section , 2001 FDA Food Code, as adopted and incorporated by the Division of Hotels and Restaurants ( Division ) in Chapter 61C-4.010(6), Florida Administrative Code (2006). The regulations were incorporated in the Code of Ordinances, Chapter 2-4 Animals, Article II Dogs in Public Food Establishments. After the pilot program expired, Florida Statute was amended and became effective October 1, 2009 to allow local governments to establish, by ordinance, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the Division, in order to allow patrons dogs within certain designated outdoor portions of public food service establishments. The Statute requires that any ordinance adopted pursuant to Section provide for codification within the land development code of the County. CHAPTER 2 DEFINITIONS 1. Amend LDC Section 200 Definitions to include the following definition: Public Food Service Establishment(s) shall be defined as outlined in Florida Statute For informational purposes, the following is the definition of Public Food Service Establishment(s) from Florida Statute Section (a): (5)(a) Public food service establishment means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. The term includes a culinary education program, as defined in s (2), which offers, prepares, serves, or sells food to the general public, regardless of whether it is inspected by another state agency for compliance with sanitation standards. (b) The following are excluded from the definition in paragraph (a): 1. Any place maintained and operated by a public or private school, college, or university: a. For the use of students and faculty; or b. Temporarily to serve such events as fairs, carnivals, food contests, cook-offs, and athletic contests. 2. Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or nonprofit civic organization: a. For the use of members and associates; or

6 Page 3 of 9 LDCT-18-04/Ordinance County-Initiated Land Development Code Text Amendment / Dog Dining b. Temporarily to serve such events as fairs, carnivals, food contests, cookoffs, or athletic contests. Upon request by the division, a church or a religious, nonprofit fraternal, or nonprofit civic organization claiming an exclusion under this subparagraph must provide the division documentation of its status as a church or a religious, nonprofit fraternal, or nonprofit civic organization. 3. Any eating place maintained and operated by an individual or entity at a food contest, cook-off, or a temporary event lasting from 1 to 3 days which is hosted by a church or a religious, nonprofit fraternal, or nonprofit civic organization. Upon request by the division, the event host must provide the division documentation of its status as a church or a religious, nonprofit fraternal, or nonprofit civic organization. 4. Any eating place located on an airplane, train, bus, or watercraft which is a common carrier. 5. Any eating place maintained by a facility certified or licensed and regulated by the Agency for Health Care Administration or the Department of Children and Families or other similar place that is regulated under s Any place of business issued a permit or inspected by the Department of Agriculture and Consumer Services under s Any place of business where the food available for consumption is limited to ice, beverages with or without garnishment, popcorn, or prepackaged items sold without additions or preparation. 8. Any theater, if the primary use is as a theater and if patron service is limited to food items customarily served to the admittees of theaters. 9. Any vending machine that dispenses any food or beverages other than potentially hazardous foods, as defined by division rule. 10. Any vending machine that dispenses potentially hazardous food and which is located in a facility regulated under s Any research and development test kitchen limited to the use of employees and which is not open to the general public. PROPOSED REVISIONS TO CHAPTER 4 ZONING DISCUSSION AND PROPOSED LDC REVISIONS Pursuant to Section , Florida Statutes, Manatee County may establish, by ordinance, a local exemption procedure to certain provisions of the United States Food and Drug Administration Food Code to allow patrons to bring their dogs to certain designated outdoor areas of public food service establishments. Staff reviewed the definition for public food service establishments and determined that definition and Manatee County s definition for restaurant are similar and that the most appropriate location for dog dining in the Use Tables

7 Page 4 of 9 LDCT-18-04/Ordinance County-Initiated Land Development Code Text Amendment / Dog Dining is as a subset to Restaurant. Manatee County s LDC defines restaurant as follows: Restaurant shall mean any establishment which provides, for compensation, food or drinks for consumption by patrons on the premises. The term shall not be deemed to include a drive-through eating establishment or alcoholic beverage establishment. LDC Section Schedule of Uses Table 4-1. Uses in Agriculture and Residential Districts and Table 4-2: Uses in Non-Residential Districts and LDC Section Schedule of Uses for Districts - Table 4-9: Schedule of Uses for Districts, are proposed to be revised to add Dog Dining as a subset under the land use Restaurant. The proposed additions to the Use Tables are shown below: Table 4-1: Uses in Agriculture and Residential Districts Land Use See Sec # CON A A-1 RSF RSMH RDD RMF VIL Restaurant X X X X X X X AP Dog Dining X X X X X X X AP X = prohibited; AP =Administrative Permit (meeting LDC Section ) Table 4-2: Uses in Non-Residential Districts Land Use See Sec # PR NC GC HC RVP LM HM EX MP-1 Restaurant X P P P X P X X P Dog Dining X P P P X P X X P X = prohibited; P = permitted (meeting LDC Section ) Land Use See Sec# Table 4-9: Schedule of Uses for Districts R O C RP I PI W M U RV MH GC A EZ Restaurant X P P P P X P P X X X X P Dog Dining X P P P P X P P X X X X P X = prohibited; P = permitted (meeting LDC Section ) The Specific Use requirements for the Dog Dining use are included in the Proposed Revisions to Chapter 5 portion of this Staff Report. PROPOSED REVISIONS TO CHAPTER 5 STANDARDS FOR ACCESSORY AND SPECIFIC USES AND STRUCTURES DISCUSSION Florida Statute requires that if the Board of County Commissioners wishes to implement the exemption to allow patrons dogs within certain designated outdoor portions of public food service establishments that the regulations are required to be codified in the Land Development Code. Staff has determined that the most appropriate location for these regulations is LDC Section Restaurants.

8 Page 5 of 9 LDCT-18-04/Ordinance County-Initiated Land Development Code Text Amendment / Dog Dining LDC REVISIONS Amend LDC Section Restaurants to include dog dining in certain outdoor portions of public food service establishments. The language shown in this Section is directly from the Statute except as shown in the underline/strike-through format Restaurants D. Dog Dining in Certain Outdoor Portions of Public Food Service Establishments. 1. Permit Required, Permit Application Requirements. a. A public food service establishment must apply for an Administrative Review to determine the appropriate process to obtain a permit (i.e., Final Site Plan, Off-Street Parking Plan, Plot Plan, etc.) before patron s dogs are allowed on the premises. This Administrative Review of the application requirements will result in a permit being issued to the applicant, upon satisfaction of the criteria in this Section and a copy of the application and permit being provided to the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation. and receive a permit from the county before patrons' dogs are allowed on the premises. b. The application for a permit shall include, along with any other information deemed reasonably necessary for the enforcement of this section, the following information: (1) Name, location, mailing address and the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation ( Division ) issued license number of the public food service establishment. (2) Name, mailing address, and telephone contact information of the permit applicant. (3) A diagram and description of the outdoor area which is requested 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 the other outdoor dining areas 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 as is deemed necessary by the county. (4) 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.

9 Page 6 of 9 LDCT-18-04/Ordinance County-Initiated Land Development Code Text Amendment / Dog Dining (5) A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. (6) 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. c. Each applicant for a permit shall submit a nonrefundable application fee in conjunction with the submission of the permit application. d. All permits, and any other related materials issued by the county, shall contain the Division-issued license number for the public food service establishment. Moved to D.1.a. 2. Public food service establishments that receive a permit for a designated outdoor area pursuant to this section shall require that: a. Employees shall 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. b. Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware. c. 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. d. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. e. Employees and patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations. f. Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other furnishings. Dogs must remain on the floor/ground level and shall not be permitted in the lap of the patron. g. Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons. h. 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 the seating of patrons at the nearest table. i. Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an

10 Page 7 of 9 LDCT-18-04/Ordinance County-Initiated Land Development Code Text Amendment / Dog Dining approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. j. Dogs shall not be permitted to travel though 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. k. A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places the public on notice. l. A sign or signs informing patrons of these laws shall be posted on premises in a conspicuous manner and place as determined by the county. m. A sign or signs informing employees of these laws shall be posted on the premises in a conspicuous manner and place as determined by the county. n. Ingress and egress to the designated outdoor area shall not require entrance into or passage through any indoor area or non-designated outdoor portions of the public food service establishment. o. The public food service establishment and designated outdoor area shall comply with all permit conditions and the approved diagram. p. 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. q. Permits shall be conspicuously displayed in the designated outdoor area. r. It shall be unlawful to fail to comply with any of the requirements of this section. Each instance of a dog on the premises of a public food service establishment without a permit is a separate violation. Each violation of any of the requirements of this section is considered a separate violation. s. All dogs shall wear a current license tag or rabies tag and the patron shall have a current license certificate or rabies certificate immediately available upon request. 3. Expiration and Revocation a. A permit issued pursuant to this section shall expire automatically upon the sale of the public food service establishment and cannot be transferred to a subsequent owner. The subsequent owner

11 Page 8 of 9 LDCT-18-04/Ordinance County-Initiated Land Development Code Text Amendment / Dog Dining may apply for a permit pursuant to this section if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the public food service establishment. b. A permit may be revoked by the county if, after notice and reasonable time in which the grounds for revocation may be corrected, 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, the revocation may take effect immediately upon giving notice of revocation to the permit holder. c. If a public food service establishment's permit is revoked, no new permit may be approved for the establishment until the expiration of 90 days following the date of revocation, providing that all issues continued within the revocation have been satisfied, to include any outstanding fines. 4. Complaints and Reporting a. Complaints shall be made in writing to the county s code enforcement who shall accept, document, and respond to all complaints and shall timely report to the Division all complaints and the county s response to such complaints. b. The patron or the designated person in charge of the public food service establishment, or both, may be issued civil citations for each violation of this ordinance. c. The county shall provide the Division with a copy of all approved applications and permits issued. Moved to LDC D.1.a. CONSISTENCY WITH THE MANATEE COUNTY COMPREHENSIVE PLAN: The Land Development Code is enacted pursuant to Section of the Florida Statutes and its purpose is to implement the Comprehensive Plan of the County by establishing regulations, procedures, and standards for review and approval of all development and use of land in the unincorporated portions of the County. It is stated in Chapter 1 of the LDC that the Code is adopted in order to foster and preserve public health, safety, comfort, and welfare in the unincorporated areas of the County. Further, that it is the intent of the Code that the development process in Manatee County be efficient, in terms of time and expense, effective, in terms of addressing the natural resource and public facility implications of proposed development, and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and the consideration of the interests of the citizens of the County. Manatee County has reviewed the proposed changes to the LDC to ensure the purpose and intent stated in the Code (and above) will continue to be met.

12 Page 9 of 9 LDCT-18-04/Ordinance County-Initiated Land Development Code Text Amendment / Dog Dining ATTACHMENTS: 1. Newspaper Advertising 2. Ordinance No Florida Statutes

13 NOTICE LAND DEVELOPMENT CODE CHANGES IN UNINCORPORATED MANATEE COUNTY NOTICE IS HEREBY GIVEN, pursuant to Section of Florida Statutes, that the Board of County Commissioners of Manatee County, Florida, will conduct a public hearing in the Chambers of the Board at the Manatee County Administrative Building, 1112 Manatee Avenue West, first floor, Bradenton, Florida, during its regular meeting of May 3, 2018 at 9:00 a.m., or soon thereafter as same may be heard to consider the following Ordinance. This is the first of two required public hearings. No action will be taken on the proposed Ordinance at the first public hearing. ORDINANCE NO An Ordinance of the Board of County Commissioners of Manatee County; providing for purpose and intent; providing findings; amending the Land Development Code to establish a Local Exemption Procedure from State Law to allow dogs in outdoor areas of public food service establishments during operating hours; Amending Chapter 2, Section 200, Definitions; Amending Chapter 4, Section 401.2, Schedule of Uses, Table 4-1 Uses in Agriculture and Residential Districts, Table 4-2 Uses in Non-Residential Districts, and Section 402.5, Schedule of Uses for Districts, Table 4-9 Schedule of Uses for Districts; Amending Chapter 5, Standards for Accessory and Specific Uses and Structures, Section D, Dog Dining in certain outdoor portions of public food service establishments; providing for other amendments as may be necessary for internal consistency; providing for codification; providing for applicability; providing for severability; and providing an effective date. The Public is invited to speak at this hearing, subject to proper rules of conduct. The hearing may be continued from time to time to a date and time certain. The Public may also provide written comments for the Board of County Commissioners to consider. Interested parties may appear and be heard at the meeting with respect to the proposed Ordinance. Pursuant to Section of Florida Statutes, if any person decides to appeal any decision made by the Board with respect to any matter to be considered at the meeting or hearing, they will need a record of the proceedings and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record would include any testimony or evidence upon which the appeal is to be based. The proposed Ordinance is available for public inspection at the Manatee County Building and Development Services Department, 1112 Manatee Avenue West, Suite 400, Bradenton, Florida, during regular business hours. A reasonable charge may be made for the provision of copies. Rules of procedure for this public hearing are in effect pursuant to Resolution A copy of this Resolution is available for review or purchase from the Building and Development Services Department (see address below). Please Send Comments To: Manatee County Building and Development Services Department Attn: Agenda Coordinator 1112 Manatee Ave. West 4 th Floor Bradenton, FL Planning.agenda@mymanatee.org All written comments will be entered into the record. For More Information: Copies of the proposed amendment will be available for review and copying at cost approximately ten (10) days prior to the public hearing. Information may also be obtained by calling x 6878, between 8:00 AM - 5:00 PM; to: planning.agenda@mymanatee.org. Americans With Disabilities: The Board of County Commissioners of Manatee County does not discriminate upon the basis of any individual s disability status. This non-discrimination policy involves every aspect of the Board s functions including one s access to and participation in public hearings. Anyone requiring reasonable accommodation for this meeting as provided for in the ADA, should contact Kaycee Ellis at ; TDD ONLY and wait 60 seconds, FAX According to Section , Florida Statutes, if a person decides to appeal any decision made with respect to any matters considered at such meetings or hearings, he/she will need a record of the proceedings, and for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record would include any testimony or evidence upon which the appeal is to be based. SAID HEARING MAY BE CONTINUED FROM TIME TO TIME PENDING ADJOURNMENTS. MANATEE COUNTY BOARD OF COUNTY COMMISSIONERS Manatee County Building and Development Services Department Manatee County, Florida G32877

14

15

16

17

18

19

20 ORDINANCE NO AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FINDINGS; AMENDING THE LAND DEVELOPMENT CODE TO ESTABLISH A LOCAL EXEMPTION PROCEDURE FROM STATE LAW TO ALLOW DOGS IN OUTDOOR AREAS OF PUBLIC FOOD SERVICE ESTABLISHMENTS DURING OPERATING HOURS; AMENDING CHAPTER 2, SECTION 200, DEFINITIONS; AMENDING CHAPTER 4, SECTION 401.2, SCHEDULE OF USES, TABLE 4-1 USES IN AGRICULTURE AND RESIDENTIAL DISTRICTS, TABLE 4-2 USES IN NON- RESIDENTIAL DISTRICTS, AND SECTION 402.5, SCHEDULE OF USES FOR DISTRICTS TABLE 4-9 SCHEDULE OF USES FOR DISTRICTS; AMENDING CHAPTER 5, STANDARDS FOR ACCESSORY AND SPECIFIC USES AND STRUCTURES, SECTION D, DOG DINING IN CERTAIN OUTDOOR PORTIONS OF PUBLIC FOOD SERVICE ESTABLISHMENTS; PROVIDING FOR OTHER AMENDMENTS AS MAY BE NECESSARY FOR INTERNAL CONSISTENCY; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Food and Drug Administration Food Code, adopted by the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation, contains certain provisions that prohibit dogs from public food service establishments; and WHEREAS, pursuant to Section , Florida Statutes, the governing body of a local government may establish, by ordinance, a local exemption procedure to certain provisions of the United States Food and Drug Administration Food Code in order to allow patrons to bring their dogs to certain designated outdoor areas of public food service establishments; and 1

21 WHEREAS, any ordinance adopted pursuant to Section , Florida Statutes, is required to be codified within the land development code of the participating local government; and WHEREAS, many business owners and citizens of Manatee County ( County ) have expressed a desire to be able to dine outdoors at local public food service establishments while accompanied by their dogs; and WHEREAS, the Board of County Commissioners ( Board ) wishes to implement the exemption procedure provided for in Section , Florida Statutes within the boundaries of Manatee County; and WHEREAS, in order to protect the health, safety and general welfare of the public, a public food service establishment desirous of allowing its patrons to bring their dogs onto its premises will be required to obtain a permit from the County; and WHEREAS, the Manatee County Planning Commission has been duly designated in Section 301 of the Land Development Code as the Local Planning Agency of the County; and WHEREAS, Section (4)(c), Florida Statues, provides that the Local Planning Agency shall review proposed land development regulations and make recommendations to the governing body as to consistency of the proposed land development regulations with the adopted Comprehensive Plan; and WHEREAS, Section 301.A.C. of the Land Development Code authorizes the Planning Commission to hold public hearings and make recommendations as to proposed amendments to the text of the Land Development Code; and 2

22 WHEREAS, the Planning Commission, acting in its capacity as the County s Local Planning Agency, has been presented with proposed LDCT 18-04/Ordinance incorporated by reference into this Ordinance; and WHEREAS, the Planning Commission, acting in its capacity as the Local Planning Agency, held a duly noticed and advertised public hearing on April 12, 2018 in accordance with Section of the Land Development Code and to receive public comment; and WHEREAS, the Planning Commission, acting in its capacity as the Local Planning Agency, at the April 12, 2018 public hearing, found LDCT 18-04/Ordinance to be consistent with the Manatee County Comprehensive Plan ( the Comprehensive Plan ) and recommended that the Board of County Commissioners adopt the LDCT 18-04/Ordinance into the Land Development Code of the County; and WHEREAS, the Board held two (2) adoptive public hearings on May 3, 2018, and June 7, 2018, to receive public comments and consider the recommendation of the Planning Commission as to the proposed LDCT 18-04/Ordinance 18-22; and WHEREAS, the Board has found and determined that the adoption of the proposed LDCT 18-04/Ordinance will foster and preserve the public health, safety and welfare and aid in the harmonious, orderly and progressive development of the County and thus will serve a valid public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA: Section 1. Purpose and Intent. This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in Section , Florida Statutes. Section 2. Findings. The Board of County Commissioners relies upon the following findings in the adoption of this Ordinance: 3

23 A. The statements set forth in the above recitals of this Ordinance are true and correct. B. The Planning Commission, acting in its capacity as the Local Planning Agency for the County, held a public hearing on April 12, 2018, to consider LDCT and found the LDC Text Amendment to be consistent with the Comprehensive Plan, and recommended that the Board adopt the LDC Text Amendment into the Land Development Code of the County. Section 3. Adoption of the Land Development Code Text Amendment. The Land Development Code Text Amendment attached to this Ordinance and incorporated herein as Exhibits A-1 through A-3 is hereby adopted as Amendments to the Land Development Code of the County. The Land Development Code Text Amendment shall consist of the following Chapters and Sections of the Land Development Code as set forth in the following three (3) Exhibits: (a) (b) (c) Chapter 2, Definitions (Exhibit A-1); Chapter 4, Zoning (Exhibit A-2); and Chapter 5, Standards for Accessory, Specific Uses, Structures (Exhibit A-3). Section 4. Codification. The publisher of the County s Land Development Code, the Municipal Code Corporation, is directed to incorporate the Amendments in Section 3 of this Ordinance into the Manatee County Land Development Code. Section 5. Applicability. The Amendments set forth in this Ordinance shall apply to all applications, decisions or controversies pending before the County upon the effective date hereof or filed or initiated thereafter. Section 6. Severability. If any section, sentence, clause, or other provision of this Ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections, sentences, clauses, or provisions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective as provided by law. DULY ADOPTED, with a quorum present and voting, this 7th day of June

24 BOARD OF COUNTY COMMISSIONERS OF MANATEE COUNTY, FLORIDA By: Priscilla Trace, Chairperson ATTEST: ANGELINA COLONNESO CLERK OF THE CIRCUIT COURT AND COMPTROLLER By: Deputy Clerk 5

25 ORDINANCE EXHIBIT A-1 Chapter 2 - DEFINITIONS Section 200 Public Food Service Establishment(s) shall be defined as outlined in Florida Statute

26 ORDINANCE EXHIBIT A-2 Chapter 4 ZONING Section 401.2, Schedule of Uses Table 4-1: Uses in Agriculture and Residential Districts Land Use See Sec # CON A A-1 RSF RSMH RDD RMF VIL Restaurant X X X X X X X AP Dog Dining X X X X X X X AP X = prohibited; AP =Administrative Permit (meeting LDC Section ) Table 4-2: Uses in Non-Residential Districts Land Use See Sec # PR NC GC HC RVP LM HM EX MP-1 Restaurant X P P P X P X X P Dog Dining X P P P X P X X P X = prohibited; P = permitted (meeting LDC Section ) Section 402.5, Schedule of Uses for Districts Table 4-9: Schedule of Uses for Districts Land Use See Sec# R O C RP I PI W MU RV MH GC A EZ Restaurant X P P P P X P P X X X X P Dog Dining X P P P P X P P X X X X P X = prohibited; P = permitted (meeting LDC Section ) 2

27 ORDINANCE EXHIBIT A-3 Chapter 5 STANDARDS FOR ACCESSORY, SPECIFIC USES, STRUCTURES Part IV Standards for Specific Uses Section Restaurants D. Dog Dining in Certain Outdoor Portions of Public Food Service Establishments. 1. Permit Required, Permit Application Requirements. a. A public food service establishment must apply for an Administrative Review to determine the appropriate process to obtain a permit (i.e., Final Site Plan, Off-Street Parking Plan, Plot Plan, etc.) before patrons dogs are allowed on the premises. This Administrative Review of the application requirements will result in a permit being issued to the applicant, upon satisfaction of the criteria in this Section and a copy of the application and permit being provided to the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation. b. The application for a permit shall include, along with any other information deemed reasonably necessary for the enforcement of this section, the following information: (1) Name, location, mailing address and the State of Florida Division of Hotels and Restaurants of the Department of Business and Professional Regulation ( Division ) issued license number of the public food service establishment. (2) Name, mailing address, and telephone contact information of the permit applicant. (3) A diagram and description of the outdoor area which is requested 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 the other outdoor dining areas not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common 3

28 pathways; and such other information as is deemed necessary by the county. (4) 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. (5) A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. (6) 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. c. Each applicant for a permit shall submit a nonrefundable application fee in conjunction with the submission of the permit application. 2. Public food service establishments that receive a permit for a designated outdoor area pursuant to this section shall require that: a. Employees shall 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. b. Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware. c. 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. d. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. e. Employees and patrons shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved with food service operations. f. Employees and patrons shall not allow any part of a dog to be on chairs, tables, or other furnishings. Dogs must remain on the floor/ground level and shall not be permitted in the lap of the patron. 4

29 g. Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons. h. 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 the seating of patrons at the nearest table. i. Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. j. Dogs shall not be permitted to travel though 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. k. A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places the public on notice. l. A sign or signs informing patrons of these laws shall be posted on premises in a conspicuous manner and place as determined by the county. m. A sign or signs informing employees of these laws shall be posted on the premises in a conspicuous manner and place as determined by the county. n. Ingress and egress to the designated outdoor area shall not require entrance into or passage through any indoor area or non-designated outdoor portions of the public food service establishment. o. The public food service establishment and designated outdoor area shall comply with all permit conditions and the approved diagram. p. 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. q. Permits shall be conspicuously displayed in the designated outdoor area. 5

30 r. It shall be unlawful to fail to comply with any of the requirements of this section. Each instance of a dog on the premises of a public food service establishment without a permit is a separate violation. Each violation of any of the requirements of this section is considered a separate violation. s. All dogs shall wear a current license tag or rabies tag and the patron shall have a current license certificate or rabies certificate immediately available upon request. 3. Expiration and Revocation a. A permit issued pursuant to this section shall expire automatically upon the sale of the public food service establishment and cannot be transferred to a subsequent owner. The subsequent owner may apply for a permit pursuant to this section if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the public food service establishment. b. A permit may be revoked by the county if, after notice and reasonable time in which the grounds for revocation may be corrected, 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, the revocation may take effect immediately upon giving notice of revocation to the permit holder. c. If a public food service establishment's permit is revoked, no new permit may be approved for the establishment until the expiration of 90 days following the date of revocation, providing that all issues continued within the revocation have been satisfied, to include any outstanding fines. 4. Complaints and Reporting a. Complaints shall be made in writing to the county s code enforcement who shall accept, document, and respond to all complaints and shall timely report to the Division all complaints and the county s response to such complaints. 6

31 b. The patron or the designated person in charge of the public food service establishment, or both, may be issued civil citations for each violation of this ordinance. 7

32 Public food service establishment requirements; local..., FL ST West s Florida Statutes Annotated Title XXXIII. Regulation of Trade, Commerce, Investments, and Solicitations (Chapters ) Chapter 509. Lodging and Food Service Establishments; Membership Campgrounds (Refs & Annos) Part I. Public Lodging and Public Food Service Establishments West s F.S.A Public food service establishment requirements; local exemption for dogs in designated outdoor portions Effective: October 1, 2009 Currentness (1) Local exemption authorized.--notwithstanding s (7), the governing body of a local government may establish, by ordinance, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the division, in order to allow patrons dogs within certain designated outdoor portions of public food service establishments. (2) Local discretion; codification.-- (a) The adoption of the local exemption procedure shall be at the sole discretion of the governing body of a participating local government. Nothing in this section shall be construed to require or compel a local governing body to adopt an ordinance pursuant to this section. (b) Any ordinance adopted pursuant to this section shall provide for codification within the land development code of a participating local government. (3) Limitations on exemption; permit requirements.-- (a) Any local exemption procedure adopted pursuant to this section shall only provide a variance to those portions of the currently adopted Food and Drug Administration Food Code in order to allow patrons dogs within certain designated outdoor portions of public food service establishments. (b) In order to protect the health, safety, and general welfare of the public, the local exemption procedure shall require participating public food service establishments to apply for and receive a permit from the governing body of the local government before allowing patrons dogs on their premises. The local government shall require from the applicant such information as the local government deems reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the following information: 2018 Thomson Reuters. No claim to original U.S. Government Works. 1

33 Public food service establishment requirements; local..., FL ST The name, location, and mailing address of the public food service establishment. 2. The name, mailing address, 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 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 permitting authority. 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. (c) In order to protect the health, safety, and general welfare of the public, the local exemption ordinance shall include such regulations and limitations as deemed necessary by the participating local government and shall include, but not be limited to, the following requirements: 1. All public food service establishment employees shall wash their hands promptly after touching, petting, or otherwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs 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 2018 Thomson Reuters. No claim to original U.S. Government Works. 2

34 Public food service establishment requirements; local..., FL ST 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. A sign or signs reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. 9. A sign or signs reminding patrons of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. 10. A sign or signs shall be posted in a manner and place as determined by the local permitting authority that places the public on notice that the designated outdoor area is available for the use of patrons and patrons dogs. 11. Dogs shall not be permitted to travel through indoor or nondesignated 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. (d) 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 pursuant to this section if the subsequent owner wishes to continue to accommodate patrons dogs. (4) Powers; enforcement.--participating local governments shall have such powers as are reasonably necessary to regulate and enforce the provisions of this section. (5) State and local cooperation.--the division shall provide reasonable assistance to participating local governments in the development of enforcement procedures and regulations, and participating local governments shall monitor permitholders for compliance in cooperation with the division. At a minimum, participating local governments shall establish a procedure to accept, document, and respond to complaints and to timely report to the division all such complaints and the participating local governments enforcement responses to such complaints. A participating local government shall provide the division with a copy of all approved applications and permits issued, and the participating local government shall require that all applications, permits, and other related materials contain the appropriate division-issued license number for each public food service establishment. Credits Added by Laws 2006, c , 3, eff. July 1, Amended by Laws 2007, c , 127, eff. July 3, 2007; Laws 2018 Thomson Reuters. No claim to original U.S. Government Works. 3