Chapter 26 - City of Punta Gorda

Section 8.27 Outdoor Dining, Local Exemption to Allow Dogs in
Designated Areas
Public restaurants that have a valid business tax receipt, and have received a
permit pursuant to this subsection are exempt from those sections of the Food and
Drug Administration Food Code that prohibit live animals in restaurants.
(a) Definitions:
1. Restaurant, also called a food service establishment is an
establishment where food and drink are prepared, served and
consumed, mostly within the principal building.
2. Outdoor Dining Area is that portion of a public food service
establishment which is predominantly or totally open on all sides with
seats and/or tables located outdoors of the restaurant, coffee shop or
other food service establishment. The area is considered
predominantly open on all sides if less than 50% of the combined
surface area of the sides creates a physical barrier which obstructs the
free flow of air. The portion of the outdoor dining area that allows
dogs must be able to be accessed without passing through other
outdoor dining areas or the enclosed building in which the restaurant
operates.
3. Division shall mean the Florida Department of Business and
Professional Regulations, Division of Hotels and Restaurants.
4. Department shall mean the Urban Design Division, Growth
Management Department.
5. Employee or Employees shall include, but is not limited to, the owner
or owners of the restaurant, or any person hired to work for the
restaurant or food service establishment.
(b) No dog shall be in a restaurant unless allowed by state law and the restaurant
has received and maintains an unexpired permit pursuant to this subsection
allowing dogs in designated outdoor areas of the restaurant.
(c) Restaurants must apply for and receive a permit from the City of Punta Gorda
Urban Design Division before patrons’ dogs are allowed on the premises. The
City Council may adopt a reasonable fee by resolution to cover the cost of
processing the initial application, permitting inspections, renewals and
enforcement. The application for a permit shall require the following
information:
1. Name, location, mailing address and Division issued license number of
the restaurant.
2. Title, name, mailing address and telephone contact information of the
permit applicant. Applications are accepted from only the owner of the
restaurant or the owner’s authorized agent, which authorization must be
in writing and notarized. The name, mailing address and telephone
contact information of the owner of the restaurant shall be provided if the
owner is not the permit applicant.
3. A diagram and description of the outdoor area which is requested to be
designed as available to patrons’ dogs, including dimensions of the
designated area; a depiction of the number and placement to tables,
chairs and restaurant equipment, if any; the entryways and exits to the
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