[HISTORY: Adopted by the City Council of the City of Canandaigua 7-23-1992
by Ord. No. 92-6 (Ch. 2.36 of the 1997 Municipal Code). Amendments
noted where applicable.]
The purpose of this chapter is to regulate the commercial outdoor cooking
and sale of barbecued meat to the general public for takeout or on-premises
consumption within the City of Canandaigua.
As used in this chapter, the following terms shall have the following
meanings, unless the context clearly indicates that a different meaning is
intended:
The process of cooking, broiling, or roasting of Barbecued Meat (as
defined herein) over an open fire, flame or coal.
[Amended 11-20-2008 by Ord. No. 2008-023[1]]
Any meat cooked, broiled, or roasted over an open fire, flame or
coal.
The City of Canandaigua.
The sale, dispensing or serving of any barbecued meat to the general
public for a charge, where such barbecued meat is prepared on the premises
using a commercial outdoor barbecue device, as defined herein.
[Amended 11-20-2008 by Ord. No. 2008-023]
The term "commercial barbeque" shall not include the sale, dispensing
or service of barbecued meat by a nonprofit group (as defined herein) to its
own members or their guests without charge or for sale at a reasonable charge
to its members for consumption upon the premises.
[Amended 11-20-2008 by Ord. No. 2008-023]
The term "commercial barbeque" shall not include the sale of barbecued
meat by a restaurant or food market which maintains, as a part of its premises,
an outdoor area for food consumption by its patrons and employs an outdoor
barbeque device in connection therewith.
A kitchen meeting Health Department standards for the cooking, preparation,
sale or distribution of food to the general public.
[Added 11-20-2008 by Ord. No. 2008-023]
Any outdoor framework, grill, barbecue pit or stove, or combination
thereof, for the cooking, broiling or roasting of Barbecued Meat over an open
fire, flame or coal having a cooking surface area in excess of 20 square feet.
[Amended 11-20-2008 by Ord. No. 2008-023]
Any employee or agent of the State Health Department assigned to
perform the duties of Health Inspector contemplated by this chapter.
[Amended 5-3-2007 by L.L. No. 1-2007]
Includes any church, church society, school, school association,
political party, private club, social club, civic organization, or any nonprofit
or not-for-profit organization of a religious, philanthropic, civic improvement,
social or political nature.
[Amended 11-20-2008 by Ord. No. 2008-023]
Any person engaged in providing outdoor barbecue devices, equipment,
food or cooking services to the sponsor of a commercial barbeque for a fee.
[Amended 11-20-2008 by Ord. No. 2008-023[2]]
Any establishment located within a building or structure for the
sale of prepared, ready-to-eat food.
[Amended 11-20-2008 by Ord. No. 2008-023]
A person, entity or organization that makes application for a permit
to host a commercial barbecue.
[Added 11-20-2008 by Ord. No. 2008-023]
[Amended 11-20-2008 by Ord. No. 2008-023]
No person shall engage in, manage, sponsor or conduct a commercial barbecue
as defined in this chapter within the City of Canandaigua unless a permit
for the conduct of such commercial barbecue shall have been obtained and shall
be in force.
A.
An application for a commercial barbecue permit shall
be made to the City Manager upon forms to be provided by the City Manager.
The applicant shall pay to the City, at the time of filing, a permit application
fee in the amount as set from time to time by resolution of the City Council
and shall pay a separate fee for inspection by the Fire Department of the
commercial outdoor barbecue device on the date of the commercial barbecue.
[Amended 5-3-2007 by L.L. No. 1-2007; 11-20-2008
by Ord. No. 2008-023]
B.
The permit shall be effective for a single day only,
and only for the date and location stated in the permit.
C.
The application shall set forth the following:
(1)
The name and address of the sponsor of the commercial
barbecue.
(2)
The name and address of the operator, if any, providing
food, cooking and equipment.
(3)
The place where and the time when the commercial barbecue
will be conducted.
(4)
The name of the person in charge of the commercial barbecue
at the time and place of the commercial barbecue.
(5)
The kind of food to be sold during such commercial barbecue.
(6)
Where the food and cooking equipment may be inspected
by the Health Inspector during regular business hours or a copy of the operator's
Health Department permit.
[Amended 11-20-2008 by Ord. No. 2008-023]
(7)
Where the off-site barbecuing of meat is to be conducted.
[Amended 1-20-2005 by Ord. No. 2005-002]
A.
Upon the filing of such application and the payment of
the fee therefor, the City Manager may approve the issuance of such permit
to the sponsor to conduct a commercial barbecue in accordance with the terms
of the permit.
[Amended 11-20-2008 by Ord. No. 2008-023]
B.
Such permit shall state:
(1)
The name of the organization to whom it is granted and
the person who is responsible for compliance with the permit and this chapter.
[Amended 11-20-2008 by Ord. No. 2008-023]
(2)
The place, date and time during which such commercial
barbecue may be conducted.
(3)
The kind of food in which such person may deal.
(4)
Such permit shall not be transferable.
C.
The City Manager shall provide notice to the City Council
of all permits that have been granted in the preceding month.
[Amended 1-20-2005 by Ord. No. 2005-002]
D.
A permit to conduct a commercial barbecue may be denied
by the City Manager, if for any reason, in the opinion of the City Manager,
the conduct of such commercial barbecue is deemed detrimental to the best
interest of the general public.
[Amended 1-20-2005 by Ord. No. 2005-002]
[Amended 11-20-2008 by Ord. No. 2008-023]
Upon issuance of a permit the City Manager may direct the Health Inspector
to inspect the equipment to determine whether the commercial barbecue shall
comply with all applicable laws, regulations and ordinances.
[Amended 11-20-2008 by Ord. No. 2008-023]
No more than one sign having up to 50 feet in square footage or no more
than two signs, neither sign exceeding 25 feet in square footage, may be erected
on the premises of the commercial barbecue on the date permitted for conducting
the commercial barbecue.
[Amended 4-6-1995 Ord. No. 95-004; 11-20-2008
by Ord. No. 2008-023]
A.
No operator or sponsor conducting or engaging in a commercial
barbecue on public property, or on any premises without a commercial kitchen,
shall employ, use, operate, or permit to be employed, used or operated, a
commercial outdoor barbecue device as defined in this chapter upon the premises
where the commercial barbecue is being conducted, except that this limitation
shall not apply in C-3 or M Districts.
B.
Upon the issuance of a permit pursuant to § 503-5, any not-for-profit organization that maintains on its premises a commercial kitchen may conduct two on-site commercial barbecues per calendar year utilizing a commercial outdoor barbecue device, provided that the location of the commercial outdoor barbecue device on the premises shall be a minimum of 100 feet from any residential structure and 50 feet from any public street, and further provided that there shall be provided on the premises an area for food consumption by its patrons.
No permit shall be approved for more than two commercial barbecues for
the same premises within the City of Canandaigua during any one calendar year.
[Amended 5-3-2007 by L.L. No. 1-2007; 11-20-2008
by Ord. No. 2008-023]
A.
Any person failing to comply with any of the provisions of this
chapter shall upon conviction, be punished by a fine of not more than $250
or imprisonment not exceeding 15 days or by both such fine and imprisonment.
B.
In addition to any fines that may be assessed, failure to comply
with the terms of a permit as issued by the City Manager or with this chapter
shall result in the denial of future applications for a commercial barbecue
permit for at least one year.
