As used in this article, the following terms shall have the
meanings indicated:
Any establishment where food and/or drink or ingredients are
mixed, combined, cooked or otherwise prepared and then served or made
available, for a charge, to persons.
Exclusions. The following activities shall be excluded from the definition of "eating and drinking establishment" in Subsection A above:
Any food service that is not subject to regulation and permit
from the State of New York.
Service of food prepared and served or made available by a caterer
pursuant to regulations of the Department of Health.
Service of food by a church, fraternal or membership organization
or other similar not-for-profit organization, provided such food service
is done only on an occasional basis.
Service of food by a school or by an establishment that provides
medical care and/or treatment.
No person, corporation, firm or other entity shall engage in
the business of operating an eating and drinking establishment in
the City of Saratoga Springs unless and until an eating and drinking
establishment permit has been obtained pursuant to this article.
An application for an eating and drinking establishment permit
shall be made in writing on forms provided by the Commissioner of
Accounts and shall include the following information:
A.
General information.
(1)
Name, address, and telephone number of the applicant(s).
(2)
Type of eating and drinking establishment applied for and services
provided to customers.
(3)
Location of the establishment by street address, with telephone number.
(4)
Name of the owner(s) of the property, address of the owner(s) and
telephone number(s).
(5)
The locations, together with a narrative description, of all fire
protection equipment to be used on the premises.
(6)
If applicable, the bars or other similar service locations where
alcoholic beverages will be served in the establishment.
B.
Insurance.
[Amended 11-5-2012; 2-5-2013]
(1)
A certificate of insurance for commercial general liability insurance,
including personal injury liability insurance, in the amount of $1,000,000
per occurrence and $2,000,000 aggregate, naming the City of Saratoga
Springs as an additional insured. The City shall be included as an
additional insured on said insurance for the permit process.
(2)
Proof of New York State statutory workers' compensation and employers'
liability insurance for all employees, or a waiver of same as permitted
by law.
(3)
(Reserved)
(4)
If the applicant will employ security guards, proof from the New
York State Department of State, Division of Licensing Services, that
the applicant complies with the requirements of the Article 7-A of
the General Business Law relative to the employment of security guards.
C.
A fully executed hold-harmless agreement, in a form satisfactory
to the City, by which the applicant shall indemnify and save harmless
the City and its agents and employees from and against all claims,
damages, loss and expense (including but not limited to attorney's
fees), arising out of or resulting from the licensed activity, sustained
by any person or persons, provided that any such claims, damage, loss
or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of property caused by the tortious
act or negligent act or omission of the applicant, or the applicant's
employees, agents or subcontractors.
D.
If the establishment will employ security guards:
(1)
Proof of registration and licensure from the New York State Division
of Criminal Justice Services that the applicant has a security guard
license authorizing the applicant to employ security guards at the
establishment.
(2)
The locations of any fixed stations for security guards to be maintained
at the establishment.
(3)
A description of a distinctive identifying uniform, emblem or other
identification to be worn on the person of all security guard personnel
at all times when employed on the premises. All such identification
must show the name of the establishment and must be in a form approved
by the Department of Public Safety.
(4)
Proof of New York State certification for all persons employed as
security guards, to be submitted within five business days of the
commencement of employment.
E.
Proof of all other certifications, licenses or authorizations required
under New York State law or regulations.
F.
Any additional information reasonably necessary for the Commissioner
of Accounts to review the application.
G.
The application shall also include a detailed set of plans which
shall show:
(1)
A floor plan indicating the location of all rooms, hallways, doors,
windows, reception areas, kitchen facilities, bathroom facilities,
and exits.
(2)
The location of the structure relative to the parcel or parcels of
land, and relative to adjacent streets, sidewalks, and public ways.
(3)
The location of any on-site parking facilities.
(4)
A narrative summary of all proposed uses on the premises.
The application shall be submitted to the Commissioner of Accounts.
Upon receipt, the Commissioner shall refer the eating and drinking
establishment application to the Building Department, the Office of
Risk and Safety, and the Department of Public Safety for comments
and recommendations. The Building Department and the Department of
Public Safety shall have authority to impose such restrictions or
modifications upon the eating and drinking establishment application
that will ensure compliance with all applicable laws and regulations
of the State of New York and of the City of Saratoga Springs.
Upon the completion of all reviews by the Building Department,
the Office of Risk and Safety, and the Department of Public Safety
and upon determining that the provisions of this article have been
complied with, the Commissioner of Accounts shall have authority to
issue an eating and drinking establishment permit. The Commissioner
shall also have authority to impose reasonable conditions in the public
interest upon any eating and drinking establishment permit issued.
Any conditions imposed shall be plainly noted on or attached to the
issued eating and drinking establishment permit. Each eating and drinking
establishment permit shall indicate the name of the eating and drinking
establishment, the name of the applicant, the fee paid, the type of
the eating and drinking establishment, the location of the eating
and drinking establishment, the expiration date of the eating and
drinking establishment permit, the date of issue, the signature of
the Commissioner of Accounts, the date of fire inspection and the
number of the health certificate issued to the eating and drinking
establishment.
Fees for permits under this article shall be as follows:
A.
Eating and drinking establishment: $100.
An eating and drinking establishment authorized and operated
pursuant to this chapter shall:
A.
If applicable, prominently display at all times all licenses and
authorization issued by the New York State Liquor Authority for the
dispensing and sale of alcoholic beverages.
B.
If applicable, prominently display its license from the New York
State Division of Criminal Justice Services for the employment of
security guards on the premises.
C.
Prominently display at all times all licenses and authorizations
issued by the New York State Department of Health for the service
of food and drink.
