DBPR HR 7007 DIVISION OF HOTELS AND RESTAURANTS .

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DBPR HR– 7007 DIVISION OF HOTELS AND RESTAURANTSAPPLICATION FOR PUBLIC FOOD SERVICE ESTABLISHMENT LICENSEApplication begins on page 7Congratulations on your decision to consider a new business venture! As you explore this opportunity, the Department ofBusiness and Professional Regulation’s (DBPR) Division of Hotels and Restaurants (H&R) is ready to assist you throughthe licensing and regulatory process.Our responsibility is to work with the business community to achieve the highest levels of health and safety for allFloridians and tens of millions annual visitors. Toward that goal, we are a resource you can use to see that your newbusiness operates within the requirements of the law.Our plan reviewers will assist you in meeting the design requirements in the law, and our inspectors will provideeducational support on site to help you meet the minimum requirements for healthy and safe conditions and products.This packet contains information regarding the legal requirements of operating your business. It is very important that youfamiliarize yourself with this information before you begin operating. If you have questions, or need any clarification,please contact the DBPR Customer Contact Center at 850.487.1395 Monday through Friday or go online /. Because our knowledge and authority are in state governmentrequirements, it is very important that you also contact local officials regarding any city and county requirements for a newbusiness.Important note - An Online Account is required to self-print and maintain your license. We encourage you to createyour DBPR account now, start here www.myfloridalicense.com/DBPR/hotels-restaurants/. All food and lodging licenseapplications are available online.We wish you the best of luck and success in your venture.WHO NEEDS A PUBLIC FOOD SERVICE ESTABLISHMENT LICENSE?Anyone planning to operate a public food service establishment in Florida will need a license from the Department ofBusiness and Professional Regulation, Division of Hotels and Restaurants. General information regarding who needsa Hotels and Restaurants license is noted below, for detailed information please review 509 Florida Statutes (FS)."Public food service establishment" means any building, vehicle, place, or structure, or any room or division in abuilding, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in thevicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another locationfor consumption. The following are generally excluded from Hotels & Restaurants licensure:o Any place maintained and operated by a public or private school, college, or university: For the use of students and faculty; or Temporarily to serve such events as fairs, carnivals, and athletic contests.o Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or nonprofitcivic organization: For the use of members and associates; or Temporarily to serve such events as fairs, carnivals, or athletic contests.o Any eating place located on an airplane, train, bus, or watercraft which is a common carrier.o Any eating place maintained by a hospital, nursing home, sanitarium, assisted living facility, adult daycare center, or other similar place that is regulated under s. 381.0072.o Any place of business issued a permit or inspected by the Department of Agriculture and ConsumerServices under s. 500.12.o Any place of business where the food available for consumption is limited to ice, beverages with orwithout garnishment, popcorn, or prepackaged items sold without additions or preparation.o Any theater, if the primary use is as a theater and if patron service is limited to food items customarilyserved to the admittees of theaters.o Any vending machine that dispenses any food or beverages other than potentially hazardous foods,as defined by division rule.o Any vending machine that dispenses potentially hazardous food and which is located in a facilityregulated under s. 381.0072.2020 December61C-1.002, FACPage 1 of 8

Any research and development test kitchen limited to the use of employees and which is not open to thegeneral public.APPLICATION REQUIREMENTSBefore submitting the application, please complete the following requirements: Beverage License (if applicable) - Contact the Division of Alcoholic Beverages and Tobacco for an applicationand information on the application process. The Division of Hotels and Restaurants inspector will sign thebeverage application upon completion of a satisfactory inspection. The Division of Hotels and Restaurants planreviewer may sign the beverage application upon approval of a plan review without performing an inspection. Online Account – Necessary to self-print and maintain your license. Visit our rants/. Florida Sales Tax Number or proof of exemption - Contact the Department of Revenue, Sales TaxDivision, at 1.800.352.3671. For additional information, please refer to http://dor.myflorida.com/dor/. Federal Employer Identification Number (FEIN) - Contact the U. S. Internal Revenue Service for an FEINapplication (SS-4) at 1.800.829.4933, or download the application from the Internet at: www.irs.gov/formsinstructions. Social Security Number or Individual Taxpayer Identification Number (ITIN) - The Internal Revenue Serviceassigns an ITIN to individuals who are not eligible for a social security number due to their status as an alien.Each ITIN begins with the number nine and is formatted in the same configuration as a social security number(900-00-0000). This number is available to alien operators upon the approval of their IRS form W-7, Applicationfor IRS Individual Taxpayer Identification Number application. To obtain the form, contact the IRS at1.800.829.4933 or download the form from the Internet at: www.irs.gov/forms-instructions. Plan Review - A plan review is required when an establishment is: 1) newly built, 2) converted from another use,3) remodeled or 4) re-opened after being closed at least 1 year. Applications for change of ownership do notrequire a plan review if no interruption in operation, construction, remodeling or conversion occurs. Please visitour website at www.myfloridalicense.com/DBPR/hotels-restaurants/ or contact the Customer Contact Center at850.487.1395 to obtain an application for a plan review packet prior to construction or remodeling. The Division ofHotels and Restaurants must approve plans prior to construction, remodeling or obtaining a license. Completed form DBPR HR-7007, Application for Public Food Service Establishment License – Completeand submit the following application in its entirety, including signature. Any omissions will result in the applicationbeing returned and a delay in the issuance of your license. Fees – Fees are listed in rule 61C-1.008, Florida Administrative Code. For your convenience, we provide anautomated fee calculator on our website at or/. If you areunsure of the fee, please contact the DBPR Customer Contact Center at 850.487.1395. Please make your checkor money order for your fees made payable to the Department of Business and Professional Regulation. Thedivision does not accept cash payments. Mail Applications and Fees – If applying by mail send the completed application with payment to:Division of Hotels and RestaurantsDepartment of Business and Professional Regulation2601 Blair Stone RoadTallahassee, FL 32399-07832020 December61C-1.002, FACPage 2 of 8

Opening Inspection - Once we have received and processed all of the above requirements, we will contact youfor an opening inspection. If you have 1) completed plan review, 2) submitted your application and fees, 3) you are ready toopen your establishment, and 4) you have not heard from us about your inspection, pleasecontact the DBPR Customer Contact Center at 850.487.1395 to request an inspection. Inspectors do not routinely conduct pre-opening or courtesy inspections. Do not call to schedulean opening inspection unless absolutely ready to open. If opening a newly built, converted or reopened establishment, do not begin to serve food to thepublic until a satisfactory inspection and a receipt for license to operate have been obtained. Change of ownership applications do not require an inspection if the previous owner received asatisfactory inspection within 120 days before the application is processed. If there was noinspection within this time period, we will conduct the opening inspection after you legallybecome the new owner. See page 6, section 2 for the appropriate application type. Ensure that all required equipment is installed and functional prior to the inspector’s visit and allthe necessary licensing information has been obtained, including owner’s name and socialsecurity number, Federal Employers Identification Number and/or sales tax number. Have proofof other approvals on site, such as building, electrical, fire, plumbing, etc. After achieving a satisfactory inspection, you would self-print your license from your onlineaccount. You will receive a temporary license after your satisfactory inspection that will allow youto operate until the actual license arrives.INSTRUCTIONS FOR COMPLETING THE APPLICATIONSECTION 1 – LICENSE TYPEChoose one box that most closely describes the planned establishment. Use the following descriptions provided by Floridalaw to identify your type of establishment. The specific law for each definition is identified after the description. Seating (SEAT) – Permanent seating establishments are those fixed public food service establishments thatprovide and maintain accommodations for consumption of food on the premises of the establishment or under thecontrol of the establishment. The operator of the establishment must provide the number of seats available to thepublic to the division prior to licensing for fee calculation purposes. The division does not authorize the number ofseats. For seating levels and changes to seating, the applicant must obtain wastewater approvals from the FloridaDepartment of Health, Florida Department of Environmental Protection or the local utility authority. The localauthority having jurisdiction must approve fire safety issues relating to seating levels.[Rule 61C-1.002(5)(b), Florida Administrative Code (FAC)] No Seats (NOST) – Permanent nonseating establishments are those fixed public food service establishments forwhich the sole service provided is intended as take-out or delivery, or do not otherwise provide accommodationsfor consumption of food by guests on the premises, or the premises are not under the control of the operator. Forthe purposes of this section, we classify establishments located at food courts and malls in this manner as long asthe establishment does not have seating within the premises of the establishment itself.[Rule 61C-1.002(5)(a)1., FAC] Culinary Education Programs – (SEAT/NOST) Culinary Education Programs are a specialized food servicelicense type for programs that educate enrolled students in the culinary arts. In order to qualify the provider mustbe: A State University or Florida College institution as defined in F.S. 1000.21, Career Center as defined in F.S.1001.44, Charter Technical Career Center as defined in F.S. 1002.34, nonprofit independent college or universityas delineated in F.S. 381.0072 (2) (e), or a nonpublic postsecondary educational facility licensed under part III F.S.1005. The two Culinary Education Programs licenses are SEAT (with seating) and NOST (no seating). [61C1.002(5)(a)7., 61C-1.002(5)(b)2, FAC] Mobile Food Dispensing Vehicle (MFDV) – Mobile food dispensing vehicles are vehicle-mounted public foodservice establishments. Some MFDVs are self-propelled and built to travel on public streets. Other MFDVs arenot self-propelled but can be moved from place to place. MFDVs may even be watercraft. Vehicles that arerequired to have vehicle identification numbers (VINs) must submit this number to the division on the applicationfor license. [Rule 61C-1.002(5)(a)2., FAC]2020 December61C-1.002, FACPage 3 of 8

Self-sufficient vehicles are identified as those units that contain, as part of the vehicle, a three-compartment sinkfor washing, rinsing, and sanitizing equipment and utensils; a separate handwash sink; adequate refrigeration andstorage capacity; full provision of power utilities including electrical, LP gas, or a portable power generation unit; apotable water holding tank; and a liquid waste disposal system in accordance with Subparts 5-3 and 5-4 of theFood Code. Self-Sufficient vehicles must have a location where water can be safely procured and wherewastewater can be legally disposed of. This location cannot be a private residence. Mobile food dispensingvehicles are not allowed to obtain water from or dispose of wastewater at a private residence, or prepare food;store food products, equipment or utensils; or conduct warewashing or any other activities related to the publicfood service in a private residence. Hot Dog Cart (HTDG) – Hot dog carts are MFDVs that limit the preparation of food to frankfurters. [Rule 61C4.0161(3), FAC] Hot dog carts must have, as part of the vehicle, a handwash sink; power utilities includingelectrical, LP-gas, or a portable power generation unit; a potable water holding tank; and a liquid waste disposalsystem in accordance with Subparts 5-3 and 5-4 of the Food Code. A hot dog cart may be an open-air unit withoverhead protection or a fully-enclosed unit, but may not be equipped with a three-compartment sink.Hot dog carts need a support site called a commissary. A commissary is a public food service establishmentlicensed by the division or a food establishment permitted by the Department of Agriculture and ConsumerServices where the MFDV goes for services that are not done on the vehicle. A commissary may provide apotable water source or a wastewater disposal site. You may prepare, package or store food at this location anduse a three-compartment sink on the premises to wash and sanitize equipment or utensils. Food containers orother supplies may be stored at the commissary. THE DIVISION DOES NOT ALLOW FOOD SERVICEACTIVITIES, INCLUDING OBTAINING WATER OR DISPOSING OF WASTEWATER, TO OCCUR IN APRIVATE RESIDENCE.If the vehicle is not self-sufficient, you must complete Form DBPR HR-7022—Division of Hotels andRestaurants Commissary Notification for all commissaries to be used by this vehicle to store food, dumpwastewater, etc. The form is available on our website: ormspublications/. We cannot approve the application without the information on this form. Theme Park Food Cart (PARK) - Theme park food cart is a specialized license type that operates within theconfines of a theme park or entertainment complex as an extension of or in association with a fixed public foodservice establishment.[Rule 61C-1.002(5)(a)6., FAC] Catering (CATR) - Caterers are public food service establishments where food or drink is prepared for serviceelsewhere in response to an agreed upon contract for a function or event. The term "caterer" does not includethose establishments licensed pursuant to Chapters 500 or 381, FS, or any other location where food is providedor displayed for sale by the individual meal. A licensed public food service establishment that also providescatering services is not required to hold a separate catering license from the division. Caterers must meet allapplicable standards of a public food service establishment as provided in Rules 61C-1.004, 61C-4.010, and 61C4.023, FAC. Separate independent caterers utilizing the equipment or premises of a licensed establishment aredeemed operators as defined by subsection 509.013(2), FS, of such public food service establishment and subjectto all applicable requirements of law and rule. [Rule 61C-1.002(5)(a)3., FAC] Vending Machine (VEND) - Vending machines are any self-service devices licensed pursuant to Chapter 509,FS, which, upon insertion of coin or token, or by other means, dispense unit servings of potentially hazardousfood, either in bulk or packaged, without the necessity of replenishing the device between each operation. Allvending machine owners shall submit the serial number of each vending machine to the division on the applicationfor license. It is the responsibility of the vending machine owner to maintain an accurate and current list ofvending machine locations with the corresponding serial number. This list shall be made available to the divisionupon request. The division shall coordinate with the vending machine owner to schedule inspections with theassistance of the owner or its agent with the capability to open and demonstrate the machine.[Rule 61C-1.002(5)(a)5., FAC]2020 December61C-1.002, FACPage 4 of 8

SECTION 2 – APPLICATION INFORMATION Application Type – indicate the type of application to be processed. For newly constructed establishments, orfacilities converted from another previous usage, choose “New Establishment or Vehicle.” For all establishmentspreviously licensed within the last year, choose “Change of Ownership.” License Number and Previous Business Name – for applications for “Change of Ownership”, please indicatethe previous license number and previous business name if known. This information will facilitate the processingof the application. Plan Review Requirement – Indicate the status of your plan review. If you have received a letter from our PlanReview Office, please include the file number we provided to facilitate processing. Change of ownerships may ormay not require plan review depending if changes were made to the food service equipment. If sharing a DBPRlicensed kitchen mark the appropriate “Not Required” checkbox and include the license number of the kitchen. Federal Employers Identification Number (FEIN) – required for business/corporate applicants. Social Security Number – at least one social security number is required. Under the Federal Privacy Act,disclosure of social security numbers is voluntary unless specifically required by federal statute. In this instance,disclosure of social security numbers is mandatory pursuant to Title 42 United States Code, sections 653 and 654;and sections 409.2577, 409.2598, and 559.79, Florida Statutes. Social security numbers are used to allowefficient screening of applicants and licensees by a Title IV-D child support agency to assure compliance with childsupport obligations. Social security numbers must also be recorded on all occupational license applications andare used for licensee identification purposes pursuant to the Personal Responsibility and Work OpportunityReconciliation Act of 1996 (Welfare Reform Act), 104 Pub.L.193, Sec. 317. Sales Tax Number – required by the Florida Department of Revenue to do business. If exempt, please mark thecheckbox accordingly. Opening Date – please indicate the date the establishment will be opened for business.SECTION 3 – OWNER AND MAIN ADDRESSComplete this information for the establishment owner as completely as possible. Incomplete information will result in theapplication being delayed or denied. Owner Name – individual person or organization that currently owns the establishment. Also, check theappropriate box indicating whether the owner is legally a corporation, partnership or individual person. Forestablishments owned or operated by partnerships, corporations or cooperatives, please attach a separate sheetor sheets listing the name, address, and social security number of each person who owns 10% or more of theoutstanding stocks or equity interest in the licensed activity. (Required)Routing Name – if contact name is different than the owner, please indicate in the space provided. (Optional)Street Address or Post Office Box, City, State, Zip Code, Fl

Business and Professional Regulation, Division of Hotels and Restaurants. General information regarding who needs a Hotels and Restaurants license is noted below, for detailed information please review 509 Florida Statutes (FS). "Public food service establishment" means any building, vehicle, place, or