[HISTORY: Adopted by the City Council of the City of Geneva 7-3-1968
as Ch. 61 of the 1968 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Sanitary Code — See Ch. 273.
[Added by Ord. No. 83-16, eff. 8-3-1983[1] ]
This chapter shall be deemed to include all of the provisions and regulations of the New York State Sanitary Code entitled "Food Service Establishments," Part 14, Subpart 14-1 as authorized under provisions of § 225 of the Public Health Law of the State of New York and any amendments thereto with the exception of the enforcement regulations of said Sanitary Code which shall be deemed to be as set forth in §§ 180-3 and 180-4 of this chapter.
[1]
Editor's Note: This ordinance also provided for the repeal of
former Sections 61.1 through 61.9.
[Added by Ord. No. 83-16, eff. 8-3-1983]
This chapter shall be deemed to include all of the provisions and regulations of the New York State Sanitary Code entitled "Retail Frozen Desserts," Part 14, Subpart 14-3 as authorized under the provisions of § 225 of the Public Health Law of the State of New York and any amendments thereto with the exception of the enforcement regulations of said Sanitary Code which shall be deemed to be set forth in §§ 180-3 and 180-4 of this chapter.
A.
Permit. It shall be unlawful for any person to operate
a food service establishment, food processing establishment, retail meat,
fish, grocery store or supermarket within the city or its police jurisdiction,
who does not possess a valid permit issued to him by the health authority.
Only a person who complies with the requirements of this chapter shall be
entitled to receive and retain such a permit. Permits shall not be transferable
from one person to another person or place. A valid permit shall be posted
in every food service establishment, food processing establishment, retail
meat, fish, grocery store or supermarket. Permits for temporary food service
establishments shall be issued for a period of time not to exceed 14 days.
(1)
Issuance of permits.
(a)
Any person desiring to operate a food service establishment,
food processing establishment, retail meat, fish, grocery store or supermarket
shall make written application for a permit on forms provided by the health
authority. Such application shall include the applicant's full name and
post office address and whether such applicant is an individual, firm, corporation,
and, if a partnership, the names of the partners, together with their addresses
shall be included; the location and type of the proposed food service establishment,
food processing establishment, retail meat, fish, grocery store or supermarket;
and the signature of the applicant or applicants. If incorporated, attach
a properly executed list of officers, signed by an officer of the firm impressed
with a corporate seal. If the application is for a temporary food service
establishment, it shall also include the inclusive dates of the proposed operations.
(b)
The permit and all renewals thereof shall be for an annual
period. The applicant shall pay to the health authority of the City of Geneva
a fee of $10 to be paid when the permit application and all renewals thereof
is filed; no part of said fee is refundable. Temporary food service establishments
shall pay the same fee, file the same application and secure the same permit
for each temporary food service establishment operated and for each period
of time the temporary food service establishment operates during the calendar
year.
[Amended by Ord. No. 82-17, eff. 4-7-1982]
(c)
The health officer, before issuing a permit shall cause
an inspection to be made of the food service establishment and at least annually
thereafter and shall cause additional inspections to be made as he deems necessary
for the proper enforcement of this chapter.
(d)
One copy of the inspection report shall be given by the
health officer or his authorized representative to the manager or operator
of the establishment and the latest inspection report shall be kept on file
and shall not be defaced or removed by any person except the health officer
or his authorized representative. The original of the inspection report shall
be filed with the records of the health officer.
(e)
The person operating the food service establishment,
food processing establishment, retail meat, fish, grocery store or supermarket
shall upon request of the health officer or his authorized representative
permit access to all parts of the establishment and shall furnish copies on
demand, or permit copying of any or all records of food purchased.
(2)
Suspension of permits.
(a)
Permits may be suspended temporarily by the health authority
for failure of the holder to comply with the requirements of this chapter.
(b)
Whenever a permit holder or operator has failed to comply
with any notice issued under the provisions of this section, the permit holder
or operator shall be notified in writing that the permit is, upon service
of the notice, immediately suspended and that an opportunity for a hearing
will be provided if a written request for a hearing is filed with the health
authority by the permit holder within five days of the service of said notice.
(c)
Notwithstanding the other provisions of this chapter,
whenever the health authority finds insanitary or other conditions in the
operation of a food service establishment, food processing establishment,
retail meat, fish, grocery store or supermarket which, in his judgment, constitutes
a substantial hazard to the public health, he may without warning, notice
or hearing, issue a written notice to the permit holder or operator citing
such conditions, specifying the corrective action to be taken, and specifying
the time period within which such action shall be taken; and, if deemed necessary,
such order shall state that the permit is immediately suspended, and all food
service operations are to be immediately discontinued. Any person to whom
such an order is issued shall comply immediately therewith, but upon written
petition filed within five days of the service of said notice to the health
authority, shall be afforded a hearing as soon as possible.
(3)
Reinstatement of suspended permits. Any person whose
permit has been suspended may, at any time, make application for a reinspection
for the purpose of reinstatement of the permit. Upon receipt of a written
request, including a statement signed by the applicant that in his opinion
the conditions causing suspension of the permit have been corrected, the health
authority shall make a reinspection. If the applicant is complying with the
requirements of this chapter, the permit may be reinstated.
(4)
Revocation of permits. For serious or repeated violations
of any of the requirements of this chapter, or for interference with the health
authority in the performance of his duties, the permit may be permanently
revoked after an opportunity for a hearing has been provided by the health
authority. Prior to such action, the health authority shall notify the permit
holder in writing, stating the reasons for which the permit is subject to
revocation and advising that the permit shall be permanently revoked at the
end of five days following service of such notice, unless a request for a
hearing is filed with the health authority, by the permit holder, within such
five-day period. A permit may be suspended for cause pending its revocation
or a hearing relative thereto.
(5)
Hearings. The hearings provided for in this section shall
be conducted by the health authority at a time and place designated by him.
Based upon the record of such hearing, the health authority shall make a finding
and shall sustain, modify, or rescind any official notice or order considered
in the hearing. A written report of the hearing decision shall be furnished
to the permit holder by the health authority.
B.
Inspection of food service and food processing establishments.
(1)
Access to establishments. The health authority or his
representative, after proper identification, shall be permitted to enter,
at any reasonable time, any food service establishment, food processing establishment,
retail meat, fish, grocery store or supermarket within the city or its police
jurisdiction, for the purpose of making inspections to determine compliance
with this chapter. He shall be permitted to examine the records of the establishment
to obtain pertinent information pertaining to food and supplies purchased,
received or used, and persons employed.
(2)
Inspection records. Whenever the health authority makes
an inspection of a food service establishment, food processing establishment,
retail meat, fish, grocery store or supermarket, he shall record his findings
on an inspection report form provided for this purpose.
(3)
Issuance of notices. Whenever the health authority makes an inspection of a food service establishment, food processing establishment, retail meat, fish, grocery store or supermarket and discovers that any of the requirements of § 180-3 through § 180-9[1] of this chapter have been violated, he shall notify the permit
holder or operator of such violations by means of an inspection report form
or other written notice.
[1]
Editor's Note: These former sections were repealed by Ord. No.
83-16, eff. 8-3-1983.
C.
Examination and condemnation of food. Food may be examined
or sampled by the health authority as often as may be necessary to determine
freedom from adulteration or misbranding. The health authority may, upon written
notice to the owner or person in charge, place a hold order on any food which
he determines or has probable cause to believe to be unwholesome or otherwise
adulterated or misbranded. Under a hold order, food shall be permitted to
be suitably stored. It shall be unlawful for any person to remove or alter
a hold order, notice or tag placed on food by the health authority, and neither
such food nor the container thereof shall be relabeled, repacked, reprocessed,
altered, disposed of or destroyed without permission of the health authority,
except on order by a court of competent jurisdiction. After the owner or person
in charge has had a hearing and on the basis of evidence produced at such
hearing, or on the basis of his examination in the event a written request
for a hearing is not received within 10 days, the health authority may vacate
the hold order, or may by written order direct the owner or person in charge
of the food which was placed under the hold order to denature or destroy such
food or to bring it into compliance with the provisions of this chapter, provided
that such order of the health authority to denature or destroy such food or
bring it into compliance with the provisions of this chapter shall be stayed
if the order is appealed to a court of competent jurisdiction within three
days.
D.
Food service and food processing establishments outside
jurisdiction of the health authority. Food from food service and food processing
establishments outside the jurisdiction of the health authority of the city
may be sold within the city if such food service and food processing establishments
conform to the provisions of this chapter or to substantially equivalent provisions.
To determine the extent of compliance with such provisions, the health authority
may accept reports from responsible authorities in other jurisdictions where
such food service and food processing establishments are located.
E.
Plan review of future construction. When a food service
or food processing establishment is hereafter constructed or extensively remodeled,
or when an existing structure is converted for use as a food service or food
processing establishment, properly prepared plans and specifications for such
construction, remodeling or alteration, showing layout, arrangement, including
water supply and sewage disposal systems, and construction materials of work
areas, and the location, size and type of fixed equipment and facilities,
shall be submitted to the health authority for approval before such work is
begun.
F.
Procedure when infection is suspected. When the health
authority has reasonable cause to suspect possibility of disease transmission
from any food service establishment, food processing establishment, retail
meat, fish, grocery store or supermarket employee, the health authority shall
secure a morbidity history of the suspected employee, or make such other investigation
as may be indicated, and take appropriate action. The health authority may
require any or all of the following measures:
(1)
The immediate exclusion of the employee from all food
service establishments, food processing establishments, retail meat, fish,
grocery stores and supermarkets.
(2)
The immediate closure of the food service establishment,
food processing establishment, retail meat, fish, grocery store or supermarket
concerned until, in the opinion of the health authority, no further danger
of disease outbreak exists.
(3)
Restriction of the employee's services to some area
of the establishment where there would be no danger of transmitting disease.
(4)
Adequate medical and laboratory examinations of the employee,
of other employees, and of his and their body discharges.
G.
Enforcement interpretation. This chapter shall be enforced
by the health authority in accordance with the interpretations thereof contained
in the compliance provisions of the 1962 Edition of the United States Public
Health Service Food Service Sanitation Ordinance and Code.
[Amended by Ord. No. 72-16, eff. 7-5-1972]
Any person who shall violate any of the provisions of this chapter shall
be guilty of a violation and upon conviction thereof shall be punished by
a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by
both said fine and imprisonment. In addition thereto, such persons may be
enjoined from continuing such violations. Each day upon which such a violation
occurs shall constitute separate violation.
