Town of Rotterdam, NY
Schenectady County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Rotterdam 1-2-1975 by L.L. No. 1-1975. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 126.
Zoning — See Ch. 270.

§ 137-1 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:
FOOD-HANDLING AND SERVICE FOOD ESTABLISHMENTS
All persons, firms, business agencies and organizations of any nature which are subject to the Service Food Establishment Inspection Program of New York State Department of Health under Section II.I06 of Title 10 of Codes, Rules and Regulations of the State of New York.
PERSON
Person, firm, corporation or association.
RESTAURANT
Any restaurant, coffee shop, cafeteria, short-order cafe, kitchen of an eleemosynary institution, luncheonette, tavern, club, diner, sandwich shop or stand, soda fountain, caterer, mobile vehicular purveyor of food and/or drink and all other eating or drinking establishments, or purveyors of prepared foods for consumption on the premises or elsewhere and whether permanent or temporary and whether serving the public or industrial or commercial employees in the Town of Rotterdam, as well as kitchens where food and drink is prepared and/or sold for immediate consumption on the premises or elsewhere. This definition does not apply to a private boardinghouse which serves less than 10 persons.
TOWN CLERK
The Town Clerk of the Town of Rotterdam.

§ 137-2 License required.

It shall be unlawful for any person to operate a restaurant, food-handling or service food establishment in the Town of Rotterdam without first having applied and received, or who does not possess, an unrevoked or unsuspended license from the New York State Department of Health pursuant to the appropriate codes, statistics, rules and regulations of the State of New York.

§ 137-3 Certificate of registration procedures.

A. 
It shall be unlawful for any person to operate a restaurant, food-handling or service food establishment in the Town of Rotterdam who does not also possess an unrevoked or unsuspended certificate of registration from the Town Clerk. Only persons who comply with the requirements of this chapter shall be entitled to receive and retain such a certificate of registration. The applicant for a certificate of registration shall file with the Town Clerk a written application therefor, upon forms furnished by the Town Clerk, together with the prescribed processing fee.
B. 
The certificate of registration must be obtained within 30 days of the receipt of the New York State Health Department license, and before the date of commencement of operation of said restaurant, food-handling or service food establishment.
C. 
The Town Clerk shall periodically request from the appropriate regional office of the New York State Department of Health an updated and complete list of licenses issued for restaurants, etc., established or operating in the Town of Rotterdam. Conversely, the Town Clerk shall supply and furnish the New York State Department of Health and the Rotterdam Police Department, for their records, with true copies of all applications for certificates of registration as soon after filing as practicable.
D. 
Following review and investigation by the Town Clerk, which may, when necessary, be conducted with the assistance of the Rotterdam Police Department, the certificate of registration, including possible conditions, shall be issued by the Town Clerk on payment of the required processing fee. No certificate of registration is to be issued unless a New York State Department of Health license is in full force and effect for the applicant.

§ 137-4 Application for certificate of registration. [1]

The application for a certificate of registration shall contain the name, address and age of the applicant; the name of the owner and of the operator of the restaurant, etc.; and whether or not the applicant is an American citizen; the trade name and/or name or location of premises sought to be registered; the number of the New York State Department of Health license, the name of the issuing officer, the date of issuance and the expiration date of the license. The application for certificate of registration shall also contain a statement as to whether or not the applicant has ever been convicted of a misdemeanor and/or a felony, or a violation of the New York State Code rules, regulations or health statutes. The application should also contain the date of issuance of the certificate of registration, number of same and expiration date, and the date of issuance by the Town Building Inspector/Code Enforcement Officer of a certificate of occupancy and the number of persons permitted on the premises at any given time.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 137-5 Expiration and revocation of certificate of registration.

A. 
All certificates of registration shall expire simultaneously with the expiration date of the license issued by the New York State Department of Health.
B. 
The certificate of registration is not transferable to another person. In the event of an unauthorized transfer or sale of the business to some person other than the original applicant, or in the event that the business is moved to another location, the certificate shall automatically lapse unless the owner or operator of the restaurant, etc., first obtains a New York State Department of Health license for the new location.
C. 
Upon revocation or suspension of the New York State Department of Health license, notice should be given by the owner or operator of the restaurant, etc., and the certificate of registration would automatically be revoked, lapsed or suspended.
D. 
In the event of revocation, lapse or suspension of a certificate no rebate nor pro rata share of the processing fee shall be returned. No licensing shall be necessary to revoke, lapse or suspend a certificate of registration when the state license has been lapsed, revoked or suspended.
E. 
A certificate of registration may also be revoked or suspended, after hearing by the Supervisor of the Town of Rotterdam, after complaint or conviction of a violation of any local laws, ordinances, state statutes, codes, rules and regulations, or a violation of any of the provisions of this chapter or the giving of, false or erroneous information on the application for the issuance of the certificate of registration.

§ 137-6 Fees.

[Amended 1-25-1989 by L.L. No. 1-1989]
A. 
Fees as set forth in Ch. 126, Fees, shall be paid by applicants for certificates of registration herein provided for or for any reissue or renewal thereof:
(1) 
Soda fountains, where no food except soda, drinks or ice cream is served.
(2) 
Restaurants, food-handling or service food establishments, except soda fountains where no food is served.
B. 
In the event of denial of certification, the fee shall be returned. An appeal from the Town Clerk's refusal to certify shall be made pursuant to § 137 of the Town Law and a hearing held by the Supervisor.

§ 137-7 Penalties for offenses.

[Amended 3-12-1986 by L.L. No. 4-1986]
Any person violating any provision of this chapter shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each week of continued violation shall constitute a separate offense or additional violation.

§ 137-8 Discontinuance of local inspection and licensing program.

Pursuant to Field Memorandum 73-1, New York State Department of Health, the Town Board of the Town of Rotterdam does hereby elect to discontinue the local program of health inspections and licensing of restaurants, food-handling, eating, drinking and service food establishments, and the Town Board hereby elects the option to refer this responsibility and function to the New York State Department of Health, Service Food Establishment Inspection program, under Title 10 of Codes, Rules and Regulations of the State of New York, to be performed by the appropriate regional office of the New York State Department of Health.