[HISTORY: Derived from Chapter 71 of the 1975 Compilation, as amended
through 1996. Subsequent amendments noted where applicable.]
Except as hereinafter provided, the State Sanitary Code (10 NYCRR) adopted
pursuant to the authority granted by § 225 of the Public Health
Law and all of its provisions is hereby accepted and adopted as part of this
chapter for the regulation of food and food establishments in and for the
city as though set forth herein in full.
The Environmental Inspector shall also act as the Assistant Health Officer
and shall have the duty of enforcement of this chapter under the direction
and control of the Health Officer.
It shall be unlawful for any person to dispense food or drink for human
consumption by operation of a service food establishment or a temporary service
food establishment without first having obtained written permit therefor as
herein provided.
Application for such permit shall be in writing on a form furnished
by the city and shall be made to the City Clerk. Such application shall be
accompanied by the payment of the fee therefor in the amount which shall be
set from time to time by resolution by the Common Council of the City of Oneonta.
Such license shall be issued for the calendar year and shall expire on December
31 of each year.
The City Clerk shall refer each application to the Health Officer and
the Common Council for approval. If such application is approved as required
herein, the City Clerk shall issue such permit.
As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Includes, but is not limited to, any fixed or mobile restaurant;
drive-in; coffee shop; cafeteria; short order cafe; delicatessen; luncheonette;
grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge;
nightclub; roadside stand; takeout prepared food place; retail bakery; industrial
feeding establishment; private, public or nonprofit organization or institution,
including schools, nursing homes, day-care centers and hospitals, religious
and fraternal organizations routinely serving food; catering kitchens; commissary
or similar place in which food is prepared for sale or for service on the
premises or elsewhere; and any other establishment or operation where food
is served or provided for the public with or without charge.
Any service food establishment which operates within the City of
Oneonta, New York, only for a temporary period of time, in connection with
a fair, carnival, circus, public exhibition or similar transitory gathering.[1]
All permits issued hereunder shall be posted in a conspicuous place
in the licensee's place of business.
A permit may be revoked by the Common Council after a hearing on due
notice. In addition to other causes, three or more violations during any permit
period or the failure to remedy unsatisfactory conditions within a reasonable
length of time after written notice shall be conclusive grounds for revocation.
The revoked permit shall forthwith be returned to the Health Officer.
A.Â
Suspensions. A permit which has been suspended may be
reinstated by the Health Officer when he is satisfied that the unsatisfactory
conditions leading to the suspension have been abated and receives bona fide
assurance that there will be no repetition of such conditions or violations.
A.Â
Violations or unsatisfactory conditions. Notices of violations
or unsatisfactory conditions may be given verbally by the Health Officer or
his duly authorized representative, but notice in writing must be given prior
to any revocation.
B.Â
Suspension or violation. Notice of suspension or revocation
shall be given in writing, stating the grounds therefor, and may be served
upon the permit holder or upon any person having apparent management or control
of the establishment.
Upon application, in writing, of an aggrieved person made within 20
days after notice of any determination hereunder, the Common Council shall
review any determination of the Health Officer. Upon such a review and upon
any revocation hearing, the Common Council shall receive such evidence as
may by it be deemed pertinent to the inquiry and shall permit the applicant,
permit holder or aggrieved party to be heard in his own behalf and to be represented
by an attorney-at-law. The Common Council may make such rules as deemed necessary
for the conduct of such hearings. A vote of the majority of all the members
of the Council shall be necessary to remove a suspension order, to direct
a reinstatement or to order a revocation. The Common Council shall have the
power to permit temporary operation of the service food establishment pending
the hearing and determination of any review or appeal to the Council.
