[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa
Park 5-22-1967 as Ch. 9 of the 1967 Code. Section 164-4 amended at time of
adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
The following businesses and occupations shall be duly licensed as herein
provided, subject to the provisions of this chapter: hotels, restaurants,
ice cream parlors, stores and mobile vendors selling food and drink and all
other places selling food or beverages for consumption on the premises.
Any person who shall desire to conduct or permit to be conducted a hotel,
restaurant or place for the sale of food or beverages of any class or description
to be eaten or drunk on the premises shall apply in writing to the Board of
Trustees for the issuance of a license therefor, which application shall state
in detail:
A.
The name of the person owning, leasing, managing or proposing
to conduct or operate such hotel, restaurant or place for the sale of food
or beverage for which a license is desired.
B.
The place of residence of such person or the residence
of the persons composing any firm or association applying for such license
and the principal place of business of any corporation applying for such license.
C.
The name of the officer, in the case of a corporation,
upon whom process or other legal notice may be served within the village.
D.
The location within the village of the building wherein
the same is to be located.
E.
The nature of the business which it is desired to conduct
or operate.
Upon receipt of an application provided for in § 164-2, the Village Clerk shall refer the same to the County Health Officer for investigation and report as to the sanitary condition of such hotel, restaurant or place for the sale of food or beverages. The County Health Officer shall thereupon inspect the premises on which such business is proposed to be operated and report the results of his investigation to the Board of Trustees.
If the County Health Officer shall report that his inspection conducted as provided for in § 164-3 shows that said premises are maintained in a sanitary condition, the Board of Trustees may authorize the Village Clerk to issue a license to the applicant therefor upon the payment of a license fee as provided in Chapter A350, Fees, per annum, for each place of business or vehicle.
The Mayor is hereby authorized to suspend any license in the event that
the County Health Officer shall at any time report that he has inspected said
premises and found the same to be in an unsanitary condition, until the next
meeting of the Board of Trustees, and thereafter said license may be revoked
or continued by the Board of Trustees, at its discretion, after 24 hours'
notice and hearing.
Buildings wherein food is handled, including floors, tables, counters
and surroundings, must at all times be kept scrupulously clean.
No food or drink shall be sold or exposed for sale unless it is covered
in such a manner that it is protected from insects and dust.
No food or drink shall be sold, offered for sale or dispensed in dishes
which have been previously used unless said dishes shall have been adequately
cleansed with boiling water or any process acceptable to the County Board
of Health. Dishes cracked or chipped shall not be used.
All garbage accumulating in an establishment regulated herein shall
be kept covered and removed daily. No accumulation of wastepaper or other
rubbish shall be permitted to accumulate in buildings or surroundings. All
empty bottles shall be kept covered until removed.
No food or beverage of any kind for retail sale purposes shall be prepared
in or peddled, distributed or sold from any vehicle anyplace within the village,
including private property, except from a mobile restaurant as herein defined
and limited and only upon the conditions herein set forth.
As used in this chapter, the following terms shall have the meanings
indicated:
A vehicle duly approved by the Health Department of the county, from
which food is sold, distributed or served to or provided for the public, with
or without charge.
Each mobile restaurant must be currently and properly licensed pursuant to § 164-1 and, while open for business, must be located on property other than public streets, alleys and sidewalks and only after obtaining the written permission of the owner or the person having the right to the possession of said real property upon which said business is being carried on. A mobile restaurant shall not be permitted to operate adjacent to a permanently established fixed food establishment which retails the same products without first obtaining the written permission from said permanent food establishment.
The vehicle must be of an approved type, acceptable to the Health Department
based upon its determination as to conformance with appropriate standards
and good public health practice.
A mobile restaurant must comply with all of the provisions of the health
and sanitation ordinance[1] relating to food and restaurants where such provisions are applicable
to the operation of a mobile restaurant. All employees shall wear clean outer
garments, maintain a high degree of personal cleanliness and conform to hygienic
practices and the ordinances of the village and for county pertaining to restaurant
employees while on duty. Operators of restaurants must at all times keep the
premises upon which said restaurants are located clean and sanitary and free
from all litter and refuse and provide proper receptacles for all refuse,
etc.
Operators of mobile restaurants shall submit an itinerary of their route
to the village in order to allow a check of their operation.
Operators of mobile restaurants shall operate the same and conduct the
business so as not to create any type of nuisance whatsoever.
A.
Types to be sold. A mobile restaurant shall sell, distribute
or serve only:
(1)
Prepackaged foods prepared and packaged at a fixed food
service establishment which is currently and validly licensed by the village.
(2)
Coffee, tea, doughnuts and soft drinks.
(3)
Prepared food products consisting of ingredients or components
previously prepared at a fixed food service establishment currently and validly
licensed by the village, which may be finally assembled and cooked in the
mobile restaurant by approved methods.
B.
Transport. During the transportation of food from said
food service establishment, all foods shall be completely wrapped or packaged
so as to be protected from contamination.
C.
Preservation. Potentially hazardous foods must be kept
at temperatures below 45º F. or above 140º F., whichever may be
applicable, while transported, stored or on display.
The provisions of this article shall not apply to:
A.
Catering services or vehicles which sell or distribute
bakery and/or dairy products and other products delivered in conjunction therewith
to homes and business establishments on regularly established routes.
B.
The sale of food and food products from a vehicle located
in public parks or recreational and playground facilities when specifically
permitted to do so by the proper authorities.
C.
The sale of food and food products from
a vehicle at athletic events, contests and exhibitions, at special civic exhibitions,
demonstrations, parades or similar activities and any other special events
where the sale of such products is made solely in conjunction with said special
event and only during the duration thereof.
