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456.4.1 Bathroom Facilities
All bathrooms shall be of easy and convenient access to both patrons and employees and shall be located on the same floor of the premises served. For the purpose of this section, the same floor includes any intermediate levels between the floor and ceiling of any room or space not to exceed a vertical height of 8 feet (2438 mm). Public food service establishments whose occupancy is incidental to another occupancy may utilize public restrooms provided on the same floor. The travel distance may vary where adequate directional signs are provided and the number of fixtures is deemed satisfactory by the applicable plumbing authority. Each public food service establishment shall maintain a minimum of one public bathroom for each sex, properly designated, except as provided herein:
456.4.1.1
Places serving food or drink on a take-out, carry-out or delivery basis only which provide no seating shall be required to provide a minimum of one bathroom accessible to the public.
456.4.1.2
Arcades, malls, or flea markets containing public food service establishments which offer no seating within the public food service establishment may have centrally located bathroom facilities accessible to patrons of the establishments in the arcade, mall, or flea market provided such bathroom facilities are within 300 feet (91 440 mm) of each establishment.
456.4.1.3
Public food service establishments located within theme parks and entertainment complexes may utilize centrally located bathroom facilities accessible to patrons of the establishments in the theme park or entertainment complex provided such bathroom facilities are reasonably accessible. For purposes of this section, reasonably accessible means within 300 feet (91 440 mm) of each establishment.
456.4.1.4
Public food service establishments which seat 10 persons or less shall be required to provide a minimum of one bathroom accessible to the public.
456.4.1.5
Public food service establishments located within a public lodging establishment shall be permitted to utilize public bathrooms located within the public lodging establishment, provided such bathrooms are available for use by the patrons of the public food service establishment during all hours of operation, are within 300 feet (91 440 mm) of the public food service establishment, and are located on the same floor as the public food service establishment. For purposes of this section, the same floor includes any intermediate levels between the floor and ceiling of any room or space without restriction as to vertical height.

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