Sec. 165.102. - Presence of dogs in outdoor portions of public food service establishments.

(a) Public food service establishments desiring to allow patrons' dogs to sit next to such patrons in the outdoor portion of such eating establishments may apply to, and receive a permit from, the City Council. (b) Applicants shall provide, on a form developed by the Current Planning Division of the Planning and Development Department, such information as is deemed reasonably necessary to enforce the provisions of this Section, but which shall require, at a minimum, the following information: (1) 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) All public food service establishments receiving a permit under this Section shall pay a fee as provided in Section 656.147 (a)(23), and meet the following requirements, in addition to those requirements otherwise provided by law: (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 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 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. (d) A permit issued pursuant to this Section shall not be transferred to a subsequent owner upon the sale of a public food service or eating 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. (e) A permit issued pursuant to this Section shall expire on July 1, 2009 unless extended by ordinance of the City Council upon the extension or reenactment of F.S. § 559.233. (f) Allowing a dog in any outdoor portion of a public food service establishment, except when otherwise authorized by law or this Chapter, or the failure to comply with any portion of this ordinance, shall be unlawful, and any person committing such a violation shall be guilty of a Class A offense. (g) The Municipal Code Compliance Division of the Neighborhoods Department, shall establish a procedure to accept, document, and respond to citizen complaints and to timely report to the appropriate State of Florida division or agency all such complaints and the participating local governments' enforcement responses to such complaints. The Municipal Code Compliance Division of the Neighborhoods Department shall be responsible for monitoring enforcement of this Chapter. (Ord. 2008-27-E, § 2; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E , § 16)