The following definitions shall apply in the interpretation and enforcement
of this chapter:
FOOD-HANDLING AND SERVICE FOOD ESTABLISHMENTS
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
Person, firm, corporation or association.
RESTAURANT
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.
TOWN CLERK
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.
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.
[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:
(1) Soda fountains, where no food except soda, drinks or
ice cream is served.
(2) Restaurants, food-handling or service food establishments,
except soda fountains where no food is served.
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.