[HISTORY: Adopted by the Town Board of the Town of Irondequoit 1-20-1977 as Ch. 21 of the 1977 Code. Amendments noted where applicable.]
Zoning — See Ch. 235.
This chapter shall be known as the "Restaurant Ordinance of the Town of Irondequoit."
The purpose of this chapter is to preserve and promote the health, safety, morals and general welfare of the inhabitants of the Town of Irondequoit.
As used in the chapter, the following terms shall have the meanings indicated:
- Includes a restaurant, eating place, lunch counter, soft drink counter, milk bar, hot dog stand or similar place for the sale for consumption upon the premises of beverages and food of any class or description, other than a delicatessen, grocery, drug or confectionery store.
Prohibited hours. No food or beverages shall be sold, offered for sale or given away in any restaurant subject to the provisions of this chapter between the hours of 2:00 a.m. and 6:00 a.m.
Special permits. The Town Clerk, with the approval of the Town Board, may issue a special permit for a restaurant to be conducted on a twenty-four-hour basis; provided, however, that such restaurant shall be engaged in the business of selling food only for consumption on such premises and beverages other than beverages for the sale of which a license is required from the State of New York.
Exceptions. The provisions of Subsection A shall not apply to any restaurant which shall have obtained from the Monroe County Alcoholic Beverage Control Board a special license or permit to remain open for any part of the period of closing prescribed by such provisions; such exception, however, shall apply only to the particular restaurant specified in such special permit or license and only for the period specified in such special permit.
The Chief of Police and officers of the Town of Irondequoit Police Department shall enforce the provisions of this chapter.
Any person who violates any provision of this chapter shall be guilty of a Class C violation, punishable as provided in § 1-16. The imposition of any and all penalties for any violation of this chapter shall not excuse the violation or permit it to continue. The application of the above penalty or penalties or the prosecution for the violation of the provisions of this chapter shall not be held to prevent the enforcement of this chapter by any other action.