[HISTORY: Adopted by the Town Board of the Town of Niskayuna 7-5-1955. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 75.
Zoning — See Ch. 220.
The following definitions shall apply in the interpretation and the enforcement of this chapter:
EMPLOYEE
Any person who handles food or drink during preparation or serving or who comes in contact with any eating or cooking utensils.
ITINERANT RESTAURANT
A restaurant operating for a period not exceeding 30 days in connection with a fair, carnival, public exhibition or other similar gathering.
HEALTH OFFICER
The Health Officer of the Town of Niskayuna or his duly authorized agent.
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 stand, soda fountain and all other eating and drinking establishments, whether serving the public or industrial employees in the Town of Niskayuna, as well as kitchens where food and drink is prepared and sold for immediate consumption on the premises or elsewhere. This definition does not apply to a private boardinghouse which serves fewer than 10 persons.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
A. 
It shall be unlawful for any person to operate a restaurant in the Town of Niskayuna who does not possess an unrevoked or unsuspended permit from the Health Officer.
B. 
Only persons who comply with the requirements of this chapter shall be entitled to receive and retain such a permit. The applicant for a permit shall file with the Health Officer or his duly authorized agent in the Department of Health a written application therefor, upon forms furnished by the Health Officer or his duly authorized agent, together with the prescribed fee.
C. 
Upon filing of such application, the Health Officer or his duly authorized agent will promptly examine the premises designated in said application to ascertain whether the establishment complies with the provisions of this chapter. The Health Officer shall certify compliance with this chapter, and the fee having been paid, the Health Officer shall issue a permit to the applicant.
D. 
All permits shall expire on the 31st day of December of each year. Such permit is nontransferable to another person.
E. 
In the event that a restaurant is moved to another location, the owner must notify the Health Officer of such moving at least 48 hours prior thereto. Upon approval of the new location, the Health Officer shall issue a new permit for the new location without the payment of an additional fee.
F. 
A person conducting an itinerant restaurant shall be required to secure a permit which shall be valid for not more than 30 days.
G. 
A permit may be suspended by the Health Officer upon a violation by the holder of any of the terms of this chapter.
H. 
The permit may be revoked after a hearing conducted by the Health Officer upon serious or repeated violations.
I. 
Reinstatement of permit. Any restaurant of which the permit has been suspended may at any time make application for the reinstatement of the permit. Within 48 hours after the receipt of the satisfactory application, accompanied by a statement signed by the applicant to the effect that he has conformed with the violated provisions of this chapter, the Health Officer shall make a reinspection and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the requirements and in case the findings indicate compliance, shall reinstate the permit.
A. 
The Health Officer, before issuing or renewing a permit, shall inspect the restaurant or itinerant restaurant and shall make further inspections as he deems necessary.
B. 
One copy of the inspection report shall be given by the Health Officer to the owner, manager or operator of the restaurant or itinerant restaurant and the latest inspection report shall be posted in a conspicuous place and shall not be defaced or removed by any person except the Health Officer. Another copy of the inspection report shall be filed with the records of the Health Department.
C. 
The person operating the restaurant or itinerant restaurant will, upon request of the Health Officer, permit access to all parts of the establishment.
All restaurants shall comply with all the following items of sanitation:
A. 
Floors. The floors of all rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair.
B. 
Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. Whenever walls or ceilings in rooms in which food or drink is stored or prepared are refinished, they shall be refinished in light color (reflection value of at least 75%). The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface to the level reached by the splash or spray.
C. 
Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted.
D. 
Ventilation. All rooms in which food is prepared or stored or in which utensils are washed shall be well ventilated.
E. 
Toilet facilities. Every restaurant shall have adequate and conveniently located toilet facilities for the management and its employees, conforming to the ordinances of the Town of Niskayuna and all rules and regulations of any and all state agencies. Toilet rooms shall be kept in a clean condition, in good repair, well lighted and ventilated. Hand-washing signs shall be conspicuously posted in all toilet rooms used by employees.
F. 
Water supply. Hot and cold running water under satisfactory pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and safe.
G. 
Lavatory facilities. Adequate and convenient hand-washing facilities shall be available, including hot and cold running water, soap and sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet facilities without first washing his hands.
H. 
Utensils and equipment.
(1) 
Construction. All multiuse utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. No utensils containing or plated with cadmium or lead shall be used, provided that solder containing lead may be used for jointing.
(2) 
Cleaning and bactericidal treatment. Adequate facilities shall be provided for washing, rinsing and disinfecting all multiuse utensils; three-tank facilities shall be provided for this purpose. All equipment, including show and display cases or windows, counters, shelves, tables, refrigerators, sinks and other equipment with which food, drink and utensils come in contact shall be kept clean and free from dust, dirt, insects and rodents and other contaminating material. All cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once. All multiuse eating, drinking and cooking utensils shall be so cleansed and disinfected as to be free from bacilli of the coliform group and to have a total bacterial count of not more than 100 per unit as determined by test in a laboratory approved for the purpose by the State Commissioner of Health. Drying cloths, if used, shall be clean and used for no other purpose. No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
(3) 
Storage and handling. After bactericidal treatments, utensils shall be stored in a clean, dry place protected from flies, insects, dust and other contamination as far as possible. Single-service utensils shall be purchased only in a sanitary manner. Spoons, spatulas, dippers or scoops which are used for dispensing frozen dessert and which are kept in water shall be kept in water maintained at 170° F.
I. 
Disposal of waste. All waste shall be properly disposed of, and all garbage and trash shall be kept in watertight, covered receptacles in such manner as not to become a nuisance. Cans shall be placed on elevated platforms.
J. 
Refrigeration. All readily perishable food and drink shall be kept at or below 50° F., except when being prepared and served.
K. 
Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption. All milk, fluid milk products, cream, ice cream and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the original individual containers in which they are received from the distributor or from a bulk container equipped with an approved dispensing device, provided that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams and mussels shall be from approved sources and, if shucked, shall be kept until used in the containers in which they were placed in the shucking plant.
L. 
Storage, display and serving of food and drink.
(1) 
All food and drink shall be stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. There shall be no open display of foods. No live animals or fowl shall be kept or allowed in any room in which food or drink is prepared. No animals of the feline family shall be kept in any portion of a restaurant in such manner as to cause contamination or pollution of food or utensils. All restaurants shall be maintained free from flies, roaches and rodents and all means for their elimination must be used.
(2) 
The storage or keeping of any insecticide, exterminators or other substance containing a fluoride or other poison in refrigerators, on shelves or in other places where they may contaminate foods or beverages is prohibited. Containers in which poisonous insecticides or exterminators are stored shall bear a label with the word "poison" and the symbol of the skull and crossbones in red. Such material, if in the form of a white powder consisting wholly of or containing arsenic in its elemental form or in any of its combinations or flourine in any of its combinations, shall be colored blue, red or green.
M. 
Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. All employees shall not expectorate or use tobacco in any form while handling food or utensils. All female food handlers shall wear hairnets. Male food handlers shall wear food-handlers' caps, bowties or tie clips.
N. 
Miscellaneous.
(1) 
The premises of all restaurants shall be kept clean and free from litter and rubbish. None of the operations connected with the restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
(2) 
Adequate fly control must be provided so that flies and other insects will be kept at a minimum in such restaurant and itinerant restaurant. In both restaurants and itinerant restaurants, towels shall be provided for counters, and said towels should be clean. Grease traps shall be provided for all restaurants. In all Carvels and Dairy Queens there shall be provided adequate fly control, and all machinery shall be cleaned at regular intervals so as not to attract flies or insects, and nothing shall be allowed to remain on the counters of Carvels and Dairy Queens that will attract flies or insects.
(3) 
Itinerant restaurants shall not be less than 100 feet from any toilet facilities.
No person who is affected with any disease in a communicable form or is a carrier of such disease or who has suppurating lesions on arms, hands or other exposed parts of the body shall work in any restaurant or itinerant restaurant, and no restaurant or itinerant restaurant shall employ any such person suspected of being affected with any disease of a communicable state or of being a carrier of such disease. If the manager suspects that any employee has contracted any disease in a communicable form or of being a carrier of such disease he shall notify the health officer immediately. A notice containing this section shall be posted in all toilet rooms.
When suspicion arises as to possibility of transmission of infection from any restaurant or itinerant restaurant employee, the Health Officer is authorized to require any and all of the following measures:
A. 
The immediate exclusion of the employee from any restaurant.
B. 
The immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the Health Officer.
C. 
Adequate medical examinations of the employee and his associates and such laboratory examinations as may be indicated.
A. 
The following fees shall be paid by applicants for permits herein provided for or for any renewal thereof:
(1) 
Soda fountains where no food, except soda, drinks or ice cream, is served shall pay an annual fee of $5, except that when the application for said permit is filed after July 1 of any year, such fee shall be $3 for the first permit.
(2) 
Restaurants, except soda fountains where no food is served, shall pay an annual fee of $10, except that when the application for said permit is filed after July 1 of any year, such fee shall be $5 for the first permit.
(3) 
Itinerant restaurants shall pay a fee of $10, which shall be limited to a thirty-day period.
B. 
In the event that the permit is denied, the fee paid shall be refunded.
Any person violating any provision of this chapter shall be subject to a fine of not more than $50 or imprisonment of not more than 25 days, or to both fine and imprisonment. Each and every violation of the provisions of this chapter shall constitute a separate offense.