[HISTORY: Adopted by the Town Board of the Town of Rotterdam 1-2-1975
by L.L. No. 1-1975. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement
of this chapter:
All persons, firms, business agencies and organizations of any nature
which are subject to the Service Food Establishment Inspection Program of
New York State Department of Health under Section II.I06 of Title 10 of Codes,
Rules and Regulations of the State of New York.
Person, firm, corporation or association.
Any restaurant, coffee shop, cafeteria, short-order cafe, kitchen
of an eleemosynary institution, luncheonette, tavern, club, diner, sandwich
shop or stand, soda fountain, caterer, mobile vehicular purveyor of food and/or
drink and all other eating or drinking establishments, or purveyors of prepared
foods for consumption on the premises or elsewhere and whether permanent or
temporary and whether serving the public or industrial or commercial employees
in the Town of Rotterdam, as well as kitchens where food and drink is prepared
and/or sold for immediate consumption on the premises or elsewhere. This definition
does not apply to a private boardinghouse which serves less than 10 persons.
The Town Clerk of the Town of Rotterdam.
It shall be unlawful for any person to operate a restaurant, food-handling
or service food establishment in the Town of Rotterdam without first having
applied and received, or who does not possess, an unrevoked or unsuspended
license from the New York State Department of Health pursuant to the appropriate
codes, statistics, rules and regulations of the State of New York.
A.
It shall be unlawful for any person to operate a restaurant,
food-handling or service food establishment in the Town of Rotterdam who does
not also possess an unrevoked or unsuspended certificate of registration from
the Town Clerk. Only persons who comply with the requirements of this chapter
shall be entitled to receive and retain such a certificate of registration.
The applicant for a certificate of registration shall file with the Town Clerk
a written application therefor, upon forms furnished by the Town Clerk, together
with the prescribed processing fee.
B.
The certificate of registration must be obtained within
30 days of the receipt of the New York State Health Department license, and
before the date of commencement of operation of said restaurant, food-handling
or service food establishment.
C.
The Town Clerk shall periodically request from the appropriate
regional office of the New York State Department of Health an updated and
complete list of licenses issued for restaurants, etc., established or operating
in the Town of Rotterdam. Conversely, the Town Clerk shall supply and furnish
the New York State Department of Health and the Rotterdam Police Department,
for their records, with true copies of all applications for certificates of
registration as soon after filing as practicable.
D.
Following review and investigation by the Town Clerk,
which may, when necessary, be conducted with the assistance of the Rotterdam
Police Department, the certificate of registration, including possible conditions,
shall be issued by the Town Clerk on payment of the required processing fee.
No certificate of registration is to be issued unless a New York State Department
of Health license is in full force and effect for the applicant.
The application for a certificate of registration shall contain the
name, address and age of the applicant; the name of the owner and of the operator
of the restaurant, etc.; and whether or not the applicant is an American citizen;
the trade name and/or name or location of premises sought to be registered;
the number of the New York State Department of Health license, the name of
the issuing officer, the date of issuance and the expiration date of the license.
The application for certificate of registration shall also contain a statement
as to whether or not the applicant has ever been convicted of a misdemeanor
and/or a felony, or a violation of the New York State Code rules, regulations
or health statutes. The application should also contain the date of issuance
of the certificate of registration, number of same and expiration date, and
the date of issuance by the Town Building Inspector/Code Enforcement Officer
of a certificate of occupancy and the number of persons permitted on the premises
at any given time.
A.
All certificates of registration shall expire simultaneously
with the expiration date of the license issued by the New York State Department
of Health.
B.
The certificate of registration is not transferable to
another person. In the event of an unauthorized transfer or sale of the business
to some person other than the original applicant, or in the event that the
business is moved to another location, the certificate shall automatically
lapse unless the owner or operator of the restaurant, etc., first obtains
a New York State Department of Health license for the new location.
C.
Upon revocation or suspension of the New York State Department
of Health license, notice should be given by the owner or operator of the
restaurant, etc., and the certificate of registration would automatically
be revoked, lapsed or suspended.
D.
In the event of revocation, lapse or suspension of a
certificate no rebate nor pro rata share of the processing fee shall be returned.
No licensing shall be necessary to revoke, lapse or suspend a certificate
of registration when the state license has been lapsed, revoked or suspended.
E.
A certificate of registration may also be revoked or
suspended, after hearing by the Supervisor of the Town of Rotterdam, after
complaint or conviction of a violation of any local laws, ordinances, state
statutes, codes, rules and regulations, or a violation of any of the provisions
of this chapter or the giving of, false or erroneous information on the application
for the issuance of the certificate of registration.
[Amended 1-25-1989 by L.L.
No. 1-1989]
A.
Fees as set forth in Ch. 126, Fees, shall be paid by applicants for certificates of registration herein provided for or for any reissue or renewal thereof:
B.
In the event of denial of certification, the fee shall
be returned. An appeal from the Town Clerk's refusal to certify shall be made
pursuant to § 137 of the Town Law and a hearing held by the Supervisor.
[Amended 3-12-1986 by L.L.
No. 4-1986]
Any person violating any provision of this chapter shall be subject
to a fine of not more than $250 or imprisonment for not more than 15 days,
or both. Each week of continued violation shall constitute a separate offense
or additional violation.
Pursuant to Field Memorandum 73-1, New York State Department of Health,
the Town Board of the Town of Rotterdam does hereby elect to discontinue the
local program of health inspections and licensing of restaurants, food-handling,
eating, drinking and service food establishments, and the Town Board hereby
elects the option to refer this responsibility and function to the New York
State Department of Health, Service Food Establishment Inspection program,
under Title 10 of Codes, Rules and Regulations of the State of New York, to
be performed by the appropriate regional office of the New York State Department
of Health.
