Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 5-22-1967 as Ch. 9 of the 1967 Code. Section 164-4 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. I.
Health and sanitation — See Ch. 184.
Peddling and soliciting — See Ch. 240.
Vending machines — See Ch. 330.
Fees — See Ch. A350.

§ 164-1 License required.

The following businesses and occupations shall be duly licensed as herein provided, subject to the provisions of this chapter: hotels, restaurants, ice cream parlors, stores and mobile vendors selling food and drink and all other places selling food or beverages for consumption on the premises.

§ 164-2 License application.

Any person who shall desire to conduct or permit to be conducted a hotel, restaurant or place for the sale of food or beverages of any class or description to be eaten or drunk on the premises shall apply in writing to the Board of Trustees for the issuance of a license therefor, which application shall state in detail:
A. 
The name of the person owning, leasing, managing or proposing to conduct or operate such hotel, restaurant or place for the sale of food or beverage for which a license is desired.
B. 
The place of residence of such person or the residence of the persons composing any firm or association applying for such license and the principal place of business of any corporation applying for such license.
C. 
The name of the officer, in the case of a corporation, upon whom process or other legal notice may be served within the village.
D. 
The location within the village of the building wherein the same is to be located.
E. 
The nature of the business which it is desired to conduct or operate.

§ 164-3 Inspection of premises.

Upon receipt of an application provided for in § 164-2, the Village Clerk shall refer the same to the County Health Officer for investigation and report as to the sanitary condition of such hotel, restaurant or place for the sale of food or beverages. The County Health Officer shall thereupon inspect the premises on which such business is proposed to be operated and report the results of his investigation to the Board of Trustees.

§ 164-4 Issuance of license; fee. [1]

If the County Health Officer shall report that his inspection conducted as provided for in § 164-3 shows that said premises are maintained in a sanitary condition, the Board of Trustees may authorize the Village Clerk to issue a license to the applicant therefor upon the payment of a license fee as provided in Chapter A350, Fees, per annum, for each place of business or vehicle.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 164-5 Suspension and revocation of license.

The Mayor is hereby authorized to suspend any license in the event that the County Health Officer shall at any time report that he has inspected said premises and found the same to be in an unsanitary condition, until the next meeting of the Board of Trustees, and thereafter said license may be revoked or continued by the Board of Trustees, at its discretion, after 24 hours' notice and hearing.

§ 164-6 Cleanliness of premises.

Buildings wherein food is handled, including floors, tables, counters and surroundings, must at all times be kept scrupulously clean.

§ 164-7 Protection of food or drink.

No food or drink shall be sold or exposed for sale unless it is covered in such a manner that it is protected from insects and dust.

§ 164-8 Dishes.

No food or drink shall be sold, offered for sale or dispensed in dishes which have been previously used unless said dishes shall have been adequately cleansed with boiling water or any process acceptable to the County Board of Health. Dishes cracked or chipped shall not be used.

§ 164-9 Garbage and rubbish.

All garbage accumulating in an establishment regulated herein shall be kept covered and removed daily. No accumulation of wastepaper or other rubbish shall be permitted to accumulate in buildings or surroundings. All empty bottles shall be kept covered until removed.

§ 164-10 Compliance required.

No food or beverage of any kind for retail sale purposes shall be prepared in or peddled, distributed or sold from any vehicle anyplace within the village, including private property, except from a mobile restaurant as herein defined and limited and only upon the conditions herein set forth.

§ 164-11 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
MOBILE RESTAURANT
A vehicle duly approved by the Health Department of the county, from which food is sold, distributed or served to or provided for the public, with or without charge.

§ 164-12 License required; location.

Each mobile restaurant must be currently and properly licensed pursuant to § 164-1 and, while open for business, must be located on property other than public streets, alleys and sidewalks and only after obtaining the written permission of the owner or the person having the right to the possession of said real property upon which said business is being carried on. A mobile restaurant shall not be permitted to operate adjacent to a permanently established fixed food establishment which retails the same products without first obtaining the written permission from said permanent food establishment.

§ 164-13 Vehicle.

The vehicle must be of an approved type, acceptable to the Health Department based upon its determination as to conformance with appropriate standards and good public health practice.

§ 164-14 Health and sanitation.

A mobile restaurant must comply with all of the provisions of the health and sanitation ordinance[1] relating to food and restaurants where such provisions are applicable to the operation of a mobile restaurant. All employees shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices and the ordinances of the village and for county pertaining to restaurant employees while on duty. Operators of restaurants must at all times keep the premises upon which said restaurants are located clean and sanitary and free from all litter and refuse and provide proper receptacles for all refuse, etc.
[1]
Editor's Note: See Ch. 184, Health and Sanitation.

§ 164-15 Itinerary.

Operators of mobile restaurants shall submit an itinerary of their route to the village in order to allow a check of their operation.

§ 164-16 Nuisances.

Operators of mobile restaurants shall operate the same and conduct the business so as not to create any type of nuisance whatsoever.

§ 164-17 Types of food; transport, preservation.

A. 
Types to be sold. A mobile restaurant shall sell, distribute or serve only:
(1) 
Prepackaged foods prepared and packaged at a fixed food service establishment which is currently and validly licensed by the village.
(2) 
Coffee, tea, doughnuts and soft drinks.
(3) 
Prepared food products consisting of ingredients or components previously prepared at a fixed food service establishment currently and validly licensed by the village, which may be finally assembled and cooked in the mobile restaurant by approved methods.
B. 
Transport. During the transportation of food from said food service establishment, all foods shall be completely wrapped or packaged so as to be protected from contamination.
C. 
Preservation. Potentially hazardous foods must be kept at temperatures below 45º F. or above 140º F., whichever may be applicable, while transported, stored or on display.

§ 164-18 Exceptions.

The provisions of this article shall not apply to:
A. 
Catering services or vehicles which sell or distribute bakery and/or dairy products and other products delivered in conjunction therewith to homes and business establishments on regularly established routes.
B. 
The sale of food and food products from a vehicle located in public parks or recreational and playground facilities when specifically permitted to do so by the proper authorities.
C. 
The sale of food and food products from a vehicle at athletic events, contests and exhibitions, at special civic exhibitions, demonstrations, parades or similar activities and any other special events where the sale of such products is made solely in conjunction with said special event and only during the duration thereof.