Violation Code: 51-10-4

Legal Reference

61C-1.002(5)(b) FAC: (5)(b) Seating establishments are classified as those public food service establishments that provide and maintain accommodations for consumption of food on the premises or under the control of the establishment. The operator of the establishment is responsible for providing the number of seats available to the public to the division prior to licensing. Prior to making any changes to the number of seats provided which affect the license fee, fire safety, or the wastewater disposal system, the operator must report the change to the division by submitting DBPR Form HR 5021-103, SEATING CHANGE EVALUATION, effective 2008 October 22, or any other document obtained from the local authority having jurisdiction that provides proof the operator obtained approval for the change. A change in the number of seats is not valid until approved by the division. License fees related to a seating change are not due until the license is renewed, unless the seating change is part of a license application. 509.032(2)(b) and 509.281(2) FS: 509.032(2)(b) For purposes of performing required inspections and the enforcement of this chapter, the division has the right of entry and access to public lodging establishments and public food service establishments at any reasonable time. 509.281(2) Any operator who obstructs or hinders any agent of the division in the proper discharge of the agent's duties; who fails, neglects, or refuses to obtain a license or pay the license fee required by law; or who fails or refuses to perform any duty imposed upon it by law or rule is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. Each day that such establishment is operated in violation of law or rule is a separate offense.