[HISTORY: Derived from Art. V of Ch. XXV of the Charter and
Ordinances, 1974, of the City of Buffalo. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 69.
Public buildings — See Ch. 111.
Enforcement — See Ch. 137.
Infectious diseases — See Ch. 158.
Food and drugs — See Ch. 193.
Fruits and vegetables — See Ch. 199.
Inspections — See Ch. 249.
Sanitation — See Ch. 378.
Slaughterhouses — See Ch. 391.
Smoking — See Ch. 399.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all kitchenware, tableware, glassware, cutlery,
utensils, containers and other equipment with which food or drink
comes into contact during the storage, preparation or serving of food
or drink used in restaurants.
Any hotel, public restaurant, public dining room, dining
car, drugstore, soda fountain, steamboat, catering service, restaurant
takeout or other similar establishment where food or drink is prepared
for sale or sold, whether or not consumption of such food or drink
is intended to take place at such establishment.
[Amended 6-8-1993, effective 6-21-1993]
Any temporary establishment where food or drink is prepared
for sale or sold during a special event within the City of Buffalo.
[Added 6-8-1993, effective 6-21-1993]
[Amended 12-9-2003, effective 12-19-2003]
No person, firm or corporation shall continue or engage in the
business of conducting a restaurant in the City of Buffalo without
a license issued by the Commissioner of Permit and Inspection Services
after written application duly verified has been made therefor upon
a form provided by said Commissioner. Said application shall give
the name and address of said applicant, the location of the premises
whereon said restaurant is or is to be operated and such other information
as said Commissioner shall require.
[Amended 6-8-1993, effective 6-21-1993; 12-9-2003, effective 12-19-2003]
A.
Before issuing any license hereunder, the Commissioner of Permit
and Inspection Services shall refer said application to the Health
Commissioner for approval as to health and sanitary conditions of
the place, personnel, equipment, service, etc.
B.
Before the issuance of such license, the Commissioner of Permit and
Inspection Services shall also refer said application to the Commissioner
of Fire for his approval. The approval of the Commissioner of Fire
shall cover such matters as fire hazards, safe means of exit, fire-fighting
equipment, etc. The approval of the Commissioner of Permit and Inspection
Services shall cover generally matters of structural safety, building
permits, occupancy certificates and the applicable requirements of
the Building and Zoning Ordinances and state laws relating to matters
of structural safety.
C.
Before issuing any license for restaurant, the Commissioner of Permit
and Inspection Services shall also refer said application to the Precinct
Captain and Commissioner of Police for their investigation regarding
citizen complaints, loud music, rowdy patrons and/or criminal activities,
with approval or disapproval of application returned to the Commissioner
of Permit and Inspection Services.
D.
The foregoing approval may be stamped or printed on said application
in the form as directed by the Commissioner of Permit and Inspection
Services, subject to the provisions of this section.
[Amended 6-8-1993, effective 6-21-1993]
A.
Every licensee under this chapter shall be required to post a sign
in a conspicuous location designated by the Fire Commissioner indicating
the maximum number of patrons it is licensed to accommodate at any
given time. The signs are not to be less than 14 inches in width and
seven inches in height with boldface, black lettering, 3/4 inch in
height on a white background, to read as follows: "THE TOTAL CAPACITY
IN THIS RESTAURANT IS LIMITED TO _____." The posting of such sign
shall be prima facie evidence of:
B.
Failure by the licensee, manager or any agent of the licensee to
limit the number of patrons to the amount indicated, as required above,
at any given time shall constitute a violation of this section, for
which the licensee, manager or agent may be held jointly or severally
liable. It shall be no defense by the licensee to any charge of violating
this section that said licensee was unaware of the occurrence of the
overcrowding prohibited by this section.
C.
Upon conviction for a violation of this section, the court shall
impose a minimum fine of $100. The maximum penalty for each violation
of this section shall be a fine of not more than $1,500, imprisonment
for not more than 15 days, or both such fine and imprisonment.
All buildings, rooms and apartments used in the conduct of said
business and the surroundings thereof shall be maintained at all times
in a clean and sanitary condition. Windows, doors and other openings
shall be properly screened to exclude flies, and odors of cooking
must be disposed of in such a manner as to prevent injury, detriment
or annoyance to any person or persons.
All show- or display cases and windows, counters, tables, refrigerating
cabinets and other equipment used in connection with the operation
of a restaurant shall be so constructed as to be easily inspected
and cleaned and shall be clean and in good repair and free from dust,
dirt, insects and other contaminating material. The cloths used by
waiters, chefs and other employees shall be clean.
All eating, drinking and cooking utensils shall be so cleaned
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 utensil,
as determined by test in a laboratory approved for the purpose by
the State Commissioner of Health.
After cleansing and disinfection, all eating, drinking and cooking
utensils shall be stored in a clean place.
All materials used in the preparation of meals and lunches shall
be stored, handled, transported and kept in such a manner as to protect
them from spoilage, contamination and unwholesomeness. No ingredient
or material shall be used in the preparation of any meal or lunch
which is spoiled or contaminated or which may render such meal or
lunch unwholesome, unfit for food or injurious to health.
All perishable food or drink shall be kept at or below 50°
F., except when being prepared or served. This shall include all cream-filled
pastries.
No person suffering from a communicable disease transmitted
through food or drink or who resides in a household with a case of
such disease or who is known to be a carrier of the organisms causing
such disease and no person suffering from a local infection transmissible
through food shall be employed in any restaurant.
All employees shall wear clean outer garments and shall keep
their hands clean at all times while on duty in a restaurant.
No article, polish or other substance containing any cyanide
preparation shall be used for the cleansing or polishing of eating
or cooking utensils.
Every restaurant shall provide for its employees adequate toilet
facilities, conveniently located and properly constructed and maintained.
Toilet and washing facilities and dressing rooms must be provided
for the use of employees in accordance with the provisions of the
New York State Labor Law applicable thereto, but no toilet room or
room used as sleeping quarters shall be in direct connection with
kitchen, dining room or any room where food is stored or handled.
Every restaurant shall provide for its employees adequate and
convenient washing facilities, including soap and individual sanitary
towels. The use of a common towel is prohibited.
The water supply shall be easily accessible to rooms in which
food is prepared, shall be adequate and shall be of a safe, sanitary
quality.
[Amended 6-8-1993, effective 6-21-1993; 12-9-2003, effective 12-19-2003]
[Added 6-8-1993, effective 6-21-1993; amended 12-9-2003, effective 12-19-2003]
The license of any person granted under this chapter may be
suspended, revoked or renewal thereof refused by the Commissioner
of Permit and Inspection Services upon determination by the Director,
after notice and hearing before him, in accordance with Section 17-2
of the Charter.
