[HISTORY: Derived from Chapter 71 of the 1975 Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
Except as hereinafter provided, the State Sanitary Code (10 NYCRR) adopted pursuant to the authority granted by § 225 of the Public Health Law and all of its provisions is hereby accepted and adopted as part of this chapter for the regulation of food and food establishments in and for the city as though set forth herein in full.
The Environmental Inspector shall also act as the Assistant Health Officer and shall have the duty of enforcement of this chapter under the direction and control of the Health Officer.
It shall be unlawful for any person to dispense food or drink for human consumption by operation of a service food establishment or a temporary service food establishment without first having obtained written permit therefor as herein provided.
Application for such permit shall be in writing on a form furnished by the city and shall be made to the City Clerk. Such application shall be accompanied by the payment of the fee therefor in the amount which shall be set from time to time by resolution by the Common Council of the City of Oneonta. Such license shall be issued for the calendar year and shall expire on December 31 of each year.
The City Clerk shall refer each application to the Health Officer and the Common Council for approval. If such application is approved as required herein, the City Clerk shall issue such permit.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- SERVICE FOOD ESTABLISHMENT
- Includes, but is not limited to, any fixed or mobile restaurant; drive-in; coffee shop; cafeteria; short order cafe; delicatessen; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; takeout prepared food place; retail bakery; industrial feeding establishment; private, public or nonprofit organization or institution, including schools, nursing homes, day-care centers and hospitals, religious and fraternal organizations routinely serving food; catering kitchens; commissary or similar place in which food is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation where food is served or provided for the public with or without charge.
All permits issued hereunder shall be posted in a conspicuous place in the licensee's place of business.
A permit may be revoked by the Common Council after a hearing on due notice. In addition to other causes, three or more violations during any permit period or the failure to remedy unsatisfactory conditions within a reasonable length of time after written notice shall be conclusive grounds for revocation. The revoked permit shall forthwith be returned to the Health Officer.
Suspensions. A permit which has been suspended may be reinstated by the Health Officer when he is satisfied that the unsatisfactory conditions leading to the suspension have been abated and receives bona fide assurance that there will be no repetition of such conditions or violations.
Revocations. A permit which has been revoked may upon application be reinstated by the Common Council The application must be accompanied by the same permit fee required for and under the same conditions pertaining to a new permit.
Violations or unsatisfactory conditions. Notices of violations or unsatisfactory conditions may be given verbally by the Health Officer or his duly authorized representative, but notice in writing must be given prior to any revocation.
Suspension or violation. Notice of suspension or revocation shall be given in writing, stating the grounds therefor, and may be served upon the permit holder or upon any person having apparent management or control of the establishment.
Upon application, in writing, of an aggrieved person made within 20 days after notice of any determination hereunder, the Common Council shall review any determination of the Health Officer. Upon such a review and upon any revocation hearing, the Common Council shall receive such evidence as may by it be deemed pertinent to the inquiry and shall permit the applicant, permit holder or aggrieved party to be heard in his own behalf and to be represented by an attorney-at-law. The Common Council may make such rules as deemed necessary for the conduct of such hearings. A vote of the majority of all the members of the Council shall be necessary to remove a suspension order, to direct a reinstatement or to order a revocation. The Common Council shall have the power to permit temporary operation of the service food establishment pending the hearing and determination of any review or appeal to the Council.