The following definitions shall apply in the interpretation and the
enforcement of this chapter:
EMPLOYEE
Any person who handles food or drink during preparation or serving
or who comes in contact with any eating or cooking utensils.
ITINERANT RESTAURANT
A restaurant operating for a period not exceeding 30 days in connection
with a fair, carnival, public exhibition or other similar gathering.
HEALTH OFFICER
The Health Officer of the Town of Niskayuna or his duly authorized
agent.
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
stand, soda fountain and all other eating and drinking establishments, whether
serving the public or industrial employees in the Town of Niskayuna, as well
as kitchens where food and drink is prepared and sold for immediate consumption
on the premises or elsewhere. This definition does not apply to a private
boardinghouse which serves fewer than 10 persons.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, containers or other
equipment with which food or drink comes in contact during storage, preparation
or serving.
Samples of food, drink or other substances may be taken and examined
by the Health Officer as often as may be necessary for the detection of unwholesomeness
or illegal adulteration. The Health Officer may condemn and forbid the sale
or cause to be destroyed or removed any food or drink which is unwholesome
or illegally adulterated.
Itinerant restaurants shall be constructed and operated in a manner
approved by the Health Officer.
All restaurants shall comply with all 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. Whenever walls or ceilings in rooms in which
food or drink is stored or prepared are refinished, they shall be refinished
in light color (reflection value of at least 75%). The walls of all rooms
in which food or drink is prepared or utensils are washed shall have a smooth,
washable surface to the level reached by the splash or spray.
C. Lighting. All rooms in which food or drink is stored
or prepared or in which utensils are washed shall be well lighted.
D. Ventilation. All rooms in which food is prepared or stored
or in which utensils are washed shall be well ventilated.
E. Toilet facilities. Every restaurant shall have adequate
and conveniently located toilet facilities for the management and its employees,
conforming to the ordinances of the Town of Niskayuna and all rules and regulations
of any and all state agencies. Toilet rooms shall be kept in a clean condition,
in good repair, well lighted and ventilated. Hand-washing signs shall be conspicuously
posted in all toilet rooms used by employees.
F. Water supply. Hot and cold running water under satisfactory
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 safe.
G. Lavatory facilities. Adequate and convenient hand-washing
facilities shall be available, including hot and cold running water, soap
and sanitary towels. The use of a common towel is prohibited. No employee
shall resume work after using the toilet facilities without first washing
his hands.
H. Utensils and equipment.
(1) Construction. All multiuse 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 restaurant shall be so constructed as to be easily cleaned and shall
be kept in good repair. No utensils containing or plated with cadmium or lead
shall be used, provided that solder containing lead may be used for jointing.
(2) Cleaning and bactericidal treatment. Adequate facilities
shall be provided for washing, rinsing and disinfecting all multiuse utensils;
three-tank facilities shall be provided for this purpose. All equipment, including
show and display cases or windows, counters, shelves, tables, refrigerators,
sinks and other equipment with which food, drink and utensils come in contact
shall be kept clean and free from dust, dirt, insects and rodents and other
contaminating material. All cloths used by waiters, chefs and other employees
shall be clean. Single-service containers shall be used only once. All multiuse
eating, drinking and cooking utensils shall be so cleansed and disinfected
as to be free from bacilli of the coliform group and to have a total bacterial
count of not more than 100 per unit as determined by test in a laboratory
approved for the purpose by the State Commissioner of Health. Drying cloths,
if used, shall be clean and used for no other purpose. No article, polish
or other substance containing any cyanide preparation or other poisonous material
shall be used for the cleaning or polishing of utensils.
(3) Storage and handling. After bactericidal treatments,
utensils shall be stored in a clean, dry place protected from flies, insects,
dust and other contamination as far as possible. Single-service utensils shall
be purchased only in a sanitary manner. Spoons, spatulas, dippers or scoops
which are used for dispensing frozen dessert and which are kept in water shall
be kept in water maintained at 170° F.
I. Disposal of waste. All waste shall be properly disposed
of, and all garbage and trash shall be kept in watertight, covered receptacles
in such manner as not to become a nuisance. Cans shall be placed on elevated
platforms.
J. Refrigeration. All readily perishable food and drink
shall be kept at or below 50° F., except when being prepared and served.
K. Wholesomeness of food and drink. All food and drink shall
be clean, wholesome, free from spoilage and so prepared as to be safe for
human consumption. All milk, fluid milk products, cream, ice cream and other
frozen desserts served shall be from approved sources. Milk and fluid milk
products shall be served in the original individual containers in which they
are 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.
L. Storage, display and serving of food and drink.
(1) All food and drink shall be stored, displayed and served
as to be protected from dust, flies, vermin, depredation and pollution by
rodents, unnecessary handling, droplet infection, overhead leakage and other
contamination. There shall be no open display of foods. No live animals or
fowl shall be kept or allowed in any room in which food or drink is prepared.
No animals of the feline family shall be kept in any portion of a restaurant
in such manner as to cause contamination or pollution of food or utensils.
All restaurants shall be maintained free from flies, roaches and rodents and
all means for their elimination must be used.
(2) The storage or keeping of any insecticide, exterminators
or other substance containing a fluoride or other poison in refrigerators,
on shelves or in other places where they may contaminate foods or beverages
is prohibited. Containers in which poisonous insecticides or exterminators
are stored shall bear a label with the word "poison" and the symbol of the
skull and crossbones in red. Such material, if in the form of a white powder
consisting wholly of or containing arsenic in its elemental form or in any
of its combinations or flourine in any of its combinations, shall be colored
blue, red or green.
M. Cleanliness of employees. All employees shall wear clean
outer garments and shall keep their hands clean at all times while engaged
in handling food, drink, utensils or equipment. All employees shall not expectorate
or use tobacco in any form while handling food or utensils. All female food
handlers shall wear hairnets. Male food handlers shall wear food-handlers'
caps, bowties or tie clips.
N. Miscellaneous.
(1) The premises of all restaurants shall be kept clean and
free from litter and rubbish. None of the operations connected with the restaurant
shall be conducted in any room used as living or sleeping quarters. Adequate
lockers 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.
(2) Adequate fly control must be provided so that flies and
other insects will be kept at a minimum in such restaurant and itinerant restaurant.
In both restaurants and itinerant restaurants, towels shall be provided for
counters, and said towels should be clean. Grease traps shall be provided
for all restaurants. In all Carvels and Dairy Queens there shall be provided
adequate fly control, and all machinery shall be cleaned at regular intervals
so as not to attract flies or insects, and nothing shall be allowed to remain
on the counters of Carvels and Dairy Queens that will attract flies or insects.
(3) Itinerant restaurants shall not be less than 100 feet
from any toilet facilities.
No person who is affected with any disease in a communicable form or
is a carrier of such disease or who has suppurating lesions on arms, hands
or other exposed parts of the body shall work in any restaurant or itinerant
restaurant, and no restaurant or itinerant restaurant shall employ any such
person suspected of being affected with any disease of a communicable state
or of being a carrier of such disease. If the manager suspects that any employee
has contracted any disease in a communicable form or of being a carrier of
such disease he shall notify the health officer immediately. A notice containing
this section shall be posted in all toilet rooms.
When suspicion arises as to possibility of transmission of infection
from any restaurant or itinerant restaurant employee, the Health Officer is
authorized to require any and all of the following measures:
A. The immediate exclusion of the employee from any restaurant.
B. The immediate closing of the restaurant concerned until
no further danger of disease outbreak exists, in the opinion of the Health
Officer.
C. Adequate medical examinations of the employee and his
associates and such laboratory examinations as may be indicated.
Any person violating any provision of this chapter shall be subject
to a fine of not more than $50 or imprisonment of not more than 25 days, or
to both fine and imprisonment. Each and every violation of the provisions
of this chapter shall constitute a separate offense.
This chapter may be known and cited as the "Restaurant Code."