City of North Tonawanda, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by Common Council of City of North Tonawanda 10-18-1954. Amendments noted where applicable.]

§ 43-1 Definitions.

The following definitions will apply in the interpretation and the enforcement of this ordinance.
FOOD-HANDLING ESTABLISHMENT
Shall mean restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, taverns, sandwich stands, soda fountains, bakeries, delicatessens, meat markets, fish markets, grocery stores, candy stores, outdoor markets, kitchens or other places in which food or drink is sold, offered for sale, manufactured, cooked, processed, stored, prepared, displayed, dispensed or transported for consumption on or off premises. The term food-handling establishments shall not be deemed to mean and include retail liquor stores licensed by the New York State Liquor Authority.
[Amended 1-4-60]
ITINERANT FOOD-HANDLING ESTABLISHMENT
Shall mean any food-handling establishment operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering or as a temporary establishment operating for a period not to exceed 30 days from the date of opening in any one location.
EMPLOYEE
Shall mean any person who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils or is employed in a room in which food or drink is prepared, served, manufactured, processed, stored, displayed or transported.
UTENSILS
Shall include any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
HEALTH OFFICER
Shall mean the Health Officer of the City of North Tonawanda or his authorized Health Department representative.
PERSON
Shall mean person, firm, corporation or association.

§ 43-2 Permits and fees; exemption; posting.

A. 
It shall be unlawful for any person to operate a food-handling establishment in the City of North Tonawanda who does not possess an unrevoked permit from the Health Officer. The permit shall be issued for a period of one-year beginning January 1 at a fee of $2 per year or any part thereof, and shall be renewable within a period of 30 days following expiration.
B. 
Further, it shall be unlawful for any person to operate an itinerant food-handling establishment in the City of North Tonawanda who does not possess an unrevoked permit from the Health Officer. The permit to operate an itinerant food-handling establishment shall be issued for a period not to exceed 30 days from the date of opening at a fee of $2 and, at the discretion of the Health Officer, shall be renewable without fee immediately upon expiration.
C. 
Religious, educational and all other charitable groups or organizations will be issued permits without fees.
D. 
Such permits shall be posted in a conspicuous place near the main entrance. Only persons who comply with the regulations of the ordinance shall be able to receive and retain such a permit.
E. 
Such a permit may be temporarily suspended by the Health Officer upon the violation by the holder of any of the terms of this ordinance, or revoked after an opportunity for a hearing by the Board of Health upon serious or repeated violation.

§ 43-3 Examination of food and drink; condemnation.

Samples of food, drink and other substances may be taken and examined by the Health Officer as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn and forbid the sale of or cause to be removed or be destroyed food or drink which is unwholesome or adulterated, upon giving a written receipt therefor.

§ 43-4 Inspection.

A. 
As often as he shall deem necessary, the Health Officer shall inspect every food-handling establishment located within the City of North Tonawanda. In case the Health Officer discovers the violation of any item of sanitation, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this ordinance. Any violation of the same item of this ordinance on such second inspection shall at the discretion of the Health Officer, call for immediate suspension of permit.
B. 
A written report of all such inspections shall be filed with the records of the Health Department and, at the discretion of the Health Officer a copy of such reports shall be forwarded to the operator of such food-handling establishments.
C. 
The person operating the establishment shall be obligated to permit access to all parts of the establishment, and further to furnish and permit copying any or all records of foods purchased, transported, processed or sold, to the Health Officer or his duly appointed Health Department representative.

§ 43-5 Sanitation requirements: nonitinerant food-handling establishments.

All establishments shall comply with the following items of sanitation:
A. 
Floors. The floors of all rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair.
B. 
Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth washable surface up to the level reached by splash or spray.
C. 
Fly cotrol. All openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means satisfactory to the Health Officer are provided to prevent the entrance of flies.
D. 
Lighting. All rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be well lighted.
E. 
Ventilation. All rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be well ventilated. All fumes and odors shall be dispensed to the exterior in an effective manner so as to avoid causing a nuisance to people residing or employed next to or near the food-handling establishment.
F. 
Toilet facilities. Every establishment shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinances of the City of North Tonawanda. Toilet rooms shall be kept in a clean condition, in good repair, well lighted and properly ventilated to the exterior and not into any room where food is prepared or served. The juncture of floors and walls shall be coved to prevent water soaking at the edges. In food-handling establishments hereafter constructed or remodeled, toilet rooms shall not open directly into any room in which food, drink or utensils are handled or stored, and the doors of all toilet rooms shall be self-closing.
G. 
Water supply. Hot and cold running water, under pressure, shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality.
H. 
Lavatory facilities. Adequate and conveniently located hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room or after any absence from his work area without first washing his hands.
I. 
Construction of utensils and equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a food-handling establishment shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used; provided, that solder containing lead may be used for jointing.
J. 
Disinfection of utensils and equipment.
(1) 
All equipment, including display cases and windows, counters, shelves, tables, meat blocks, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects and other contaminating materials. All cloths used by waiters, chefs and other employees shall be clean. Single service containers shall be used only once.
(2) 
All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process satisfactory to the Health Officer after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process before reuse. Drying cloths, if used, shall be clean and shall be used for no other purpose.
(3) 
No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils. No poisonous substance shall be used or stored anywhere in a food-storage or preparation room.
K. 
Storage and handling of utensils and equipment. After bactericidal treatment, utensils shall be stored in a clean, dry place, protected from flies, dust and other contamination, and shall be handled in such a manner as to prevent contamination as far as practicable. Single service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner.
L. 
Disposal of wastes. All wastes shall be properly disposed of and all garbage and trash shall be kept in approved receptacles in such manner as not to become a health nuisance or a public nuisance from an aesthetic standpoint.
M. 
Refrigeration. All perishable food and drink shall be maintained at such temperature as shall prevent abnormal deterioration, decomposition or contamination, except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of in a manner approved by the Health Officer.
N. 
Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage, unadulterated, free from contamination with foreign material and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided, that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams and mussels shall be from approved sources, and if shucked shall be kept until used in the containers in which they were placed in the shucking plant.
O. 
Storage, display and serving of food and drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and contamination by rodents or insects, unnecessary handling, droplet infection, overhead leakage and other contamination. No dogs, cats or other animals or fowls shall be kept or allowed in any room in which food or drink is prepared, stored or served. All approved means necessary for the control of flies, roaches and rodents shall be used.
P. 
Cleanliness of employees. All employees shall have clean outer garments and shall keep their hands clean at all times when engaged in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in any rooms in which food is prepared.
Q. 
Miscellaneous. The premises of all establishments shall be kept clean and free of litter and rubbish. None of the operations connected with a food-handling establishment shall be conducted in any room used as living or sleeping quarters. Adequate locker or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.

§ 43-6 Sanitation requirements: itinerant food-handling establishments.

Itinerant food-handling establishments shall be constructed and operated in an approved manner. The Health Officer should approve an itinerant establishment only if it complies with the following sanitation requirements:
A. 
It shall be located in clean surroundings and kept in a clean and sanitary condition. It shall be so constructed and arranged that food, drink, utensils and equipment will not be exposed to insects or to dust or other contamination. Only food and drink which is clean, wholesome and free from adulteration shall be sold or served. An adequate supply of water of safe, sanitary quality shall be easily available and used for drinking and for cleaning utensils and equipment. If multi-use utensils are used in the serving of food or drink, they shall be thoroughly washed with hot water and a satisfactory detergent and effectively subjected to an approved bactericidal process after each use, and so handled and kept as to be protected from contamination. Single service containers shall be used only once. Adequate provision shall be made for refrigeration of perishable food or drink. Ice used in or with food or drink shall be from a source approved by the Health Officer and so handled as to avoid contamination.
B. 
Garbage and refuse shall be kept in tightly covered, water-tight containers until removed and shall be disposed of in a place and manner approved by the Health Officer. Dishwater and other liquid wastes shall be so disposed of as not to create a health nuisance.
C. 
No person suffering from any disease transmissable by contact or through food or drink or who is a carrier of the germs of such a disease shall be employed in any capacity. Adequate and satisfactory toilet and hand-washing facilities shall be readily accessible to employees. No person engaged in the handling or serving of food or drink shall return to his work after using the toilet without first washing his or her hands.
D. 
Upon failure of any person maintaining or operating an itinerant establishment, after warning, to comply with any of these requirements, it shall be the duty of the Health Officer summarily to forbid the further sale or serving of food and drink therein. Any person continuing to sell or serve food or drink in such an establishment after being forbidden shall be subject to the penalties provided for violation of this ordinance.

§ 43-7 Food-handling establishments which may operate.

From and after 12 months from the date on which this ordinance takes effect, no food-handling establishment shall be operated within the City of North Tonawanda or its police jurisdiction unless it conforms to the requirements of this ordinance: provided, that when any establishment fails to qualify the Health Officer is authorized to suspend the permit.

§ 43-8 Reinstatement of permit.

A. 
Any establishment, the permit of which has been suspended, may at any time make application for reinstatement of the permit.
B. 
Within one week after receipt of a satisfactory application accompanied by a statement signed by the applicant to the effect that the violated provision or provisions of this ordinance have been conformed with, the Health Officer shall make a reinspection and, thereafter, as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the requirements and, in case the findings indicate compliance, shall reinstate the permit.

§ 43-9 Disease control.

A. 
No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any food-handling establishment, and no establishment shall employ any such person or any person suspected of being infected with any disease in a communicable form or of being a carrier of such disease. If the establishment manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease he shall notify the Health Officer immediately. A placard containing this section shall be posted in all toilet rooms.
B. 
Every person connected with a food-handling establishment or about to be employed, whose work brings him in contact with the handling of food, drink, utensils or equipment, shall furnish such information, submit to such physical examinations and submit such laboratory specimens as the Health Officer may require for the purpose of determining freedom from infection.

§ 43-10 Procedure when infection is suspected.

When suspicion arises as to the possibility of transmission of infection from any food-handling establishment employee, the Health Officer is authorized to require any or all of the following measures:
A. 
The immediate exclusion of the employee from the establishment.
B. 
The immediate closing of the establishment concerned until, in the opinion of the Health Officer, no further danger of disease outbreak exists.
C. 
Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated.

§ 43-11 Enforcement interpretation.

This ordinance shall be enforced by the Health Officer.

§ 43-12 Penalties.

[Amended; published 4-21-58]
Any violation of any provision of this ordinance is hereby declared to be an offense and is punishable by a fine of not more than $50, or by imprisonment for not more than six months or by both.

§ 43-13 Repeal and date of effect.

All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed; and this ordinance shall be in full force and take effect immediately upon its adoption and publication.

§ 43-14 Unconstitutionality.

Should any paragraph, section, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of the said ordinance shall not be affected thereby.