As used in this article, the following terms shall have the meanings indicated:
EATING AND DRINKING ESTABLISHMENT
A. 
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.
B. 
Exclusions. The following activities shall be excluded from the definition of "eating and drinking establishment" in Subsection A above:
(1) 
Any food service that is not subject to regulation and permit from the State of New York.
(2) 
Service of food prepared and served or made available by a caterer pursuant to regulations of the Department of Health.
(3) 
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.
(4) 
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 Department of State Division of Licensing that the applicant has a security guard license authorizing the applicant to employ security guards at the establishment.
[Amended 1-16-2024]
(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.
[Amended 1-16-2024]
Fees shall be established from time to time by the City Council for the initial and subsequent registration of eating and drinking establishments. A schedule of all such fees will be available for review in the office of the City Clerk and on the City's web page. Payment of the applicable fee under this section shall be due upon filing or renewal of the Chapter 136 application.
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 Department of State Division of Licensing for the employment of security guards on the premises.
[Amended 1-16-2024]
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.