Int 0350-1998

Be it enacted by the Council as follows: Section 1. Title 17 of the administrative code of the city of New York is hereby amended by adding new sections 17-179, 17-180 and 17-181 to read as follows: �17-179 Inspections of food service establishments. a. For the purposes of this section, "food service establishment" shall mean but not be limited to: any restaurant coffee shop, cafeteria, luncheonette, sandwich stand, diner, short order caf�, fast food restaurant, soda fountain, and any other commercial eating or beverage establishment, even if located in a hotel or motel, or any public or private dining facility owned or operated on behalf of an educational, charitable or religious institution or organization, or anyplace where food is prepared on the premises for individual portion service directly to the consumer, whether such food is provided free of charge or sold and whether such consumption occurs on or off the premises. This shall not include any pushcart, vehicle or stand subject to the provisions of chapter three of title seventeen of this code and shall also exclude any facility serving food at an event for which a street activity permit is required. b. Prior to the construction or alteration of a food service establishment for which a permit issued by the department of buildings is required, or at any time thereafter where the department determines that the public health and safety requires a departmental review of the physical plant of such establishment, the department may require such establishment to submit sketches or plans showing the prepared floor layout, equipment, plumbing system, ventilation system, refuse storage and disposal facilities, and similar information on a form acceptable to the department. c. Except as provided for in this subdivision, no person shall operate a food service establishment without a permit therefor issued by the department. Not less than twenty-one days before starting operation of such establishment, an application for a permit, shall be submitted to the department accompanied by such application fee as shall be required by the department. The department shall make an inspection of the establishment during this twenty-one day period. d. A permit for a food service establishment shall be issued subject to the establishment being constructed, maintained and operated in compliance with all applicable provisions of this code, and of the New York city health code, where such establishment does not present a danger to the health or safety of the consumer or to the public. The condition of the establishment, including its equipment, utensils, personnel, mode of operation, surroundings, water supply, sewage disposal, waste handling, furnishings, food and appurtenances, as set forth in Article 81 of the New York city health code , shall be considered in determining whether its operation may be dangerous or detrimental to the public health. If the pre-permitting inspection, or any inspection conducted by the department thereafter, indicates that such conditions are unsatisfactory, the operator shall be advised of the violations which prevent issuance or renewal of such permit. e. A permit shall not be issued if the applicant or a principal of an entity applying for such has been denied a permit on the basis of violations of this code or the New York city health code which would have resulted in the suspension or revocation of a permit. A permit may be renewed, provided that the permittee meets all requirements for renewal, the permit has not been revoked or suspended, and the permittee has not been determined to have committed a violation which would be a basis for permit revocation or suspension under this code or under the New York city health code. f. Every owner, operator, lessor, lessee or person in charge of any food service establishment shall permit the commissioner or his duly authorized agents or employees to have access to any and all parts of such establishment where food is stored, prepared or served for the purpose of ascertaining whether the provisions of this code, the New York city health code and other applicable statutes, laws, rules and regulations are being complied with. �17-180. Inspections of food service establishments. a. The department shall inspect every food service establishment no less often than every six months. Where a violation was written during an inspection, the inspector shall issue the owner, manager or other person in charge of the food service establishment, a notice of violations in accordance with the New York City health code and other applicable statutes, laws, rules and regulations. b. Where no violations were written during the most recent inspection of a food service establishment and there are no violations outstanding, the food service establishment shall be deemed to have received an acceptable rating from the department and shall post in a conspicuous place on the premises visible to the public from outside the establishment a sign no less than one square foot in size bearing the capital letter "A" ten inches in height in black type. c. In addition, the commissioner shall prepare and disseminate on at least a monthly basis a list of the names and addresses of food service establishments inspected by the department during the previous month for which a violation was written or for which a previously written violation was found to be outstanding. This list shall recite the violation code of each such violation of all applicable provisions of city and state laws, statutes, rules and regulations or directives relating to the public health. This list and the violation code shall be made available to each member of the council of the city of New York, all borough presidents, and all community boards, and shall be published in at least one daily newspaper of general circulation. d. Within thirty days of the effective date of this section the commissioner shall prepare a violation code in which every possible violation of this chapter and the New York City health code is assigned a letter to describe it. The violation code shall include but not be limited to the following descriptions: A. A. Immediate danger to Public health or safety B. Contaminated food C. Improper food preparation D. Unsafe food temperatures E. Unprotected food F. Improper food storage G. Improper employee hygiene H. No hand-washing facilities I. Improper dishwashing method J. Unsanitary equipment K. Improper sanitizing or storing of multi-use utensils L. Use of non-approved equipment M. Vermin infestation N. Failure to prevent entrance and harboring of vermin O. No potable water supply or no hot water P. Sewage system failure Q. No toilet facilities R. Dirty walls and ceilings S. Damaged or dirty floors T. Improper storage or use of hazardous substances U. Improper garbage or rubbish disposal V. Unauthorized animal in food establishment W. Insufficient ventilation X. Lack of a fully enclosed structure Y. No public health permit Z. No plans submitted. �17-181 Additional powers of the commissioner a. It shall be unlawful for any person required to be permitted pursuant to the provisions of the New York City health code or this code to engage in any activity for which a permit is required without such permit. b. Within thirty days of the effective date of this section the commissioner shall by rule establish a list of of violations which may serve as a predicate for the closure by the department of a food service establishment. Such list shall include each violation of Title 17 of this code, the New York city health code or other applicable statutes, laws, rules or regulations that relate to public health or safety. b. Any person who is determined to have violated this chapter, the New York City health code or any other applicable statute, law, rule or regulation, shall be subject to a penalty of not less than two-hundred fifty dollars and not more than two thousand dollars for each such violation. Each violation shall be a separate and distinct violation, and in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct violation. Upon a determination that a third violation which may serve as a predicate for closure has occurred within a twelve month period, the commissioner shall order that such food service establishment be closed and be sealed, provided that such premises are primarily used as a food service establishment. c. The commissioner shall order that any premise which is sealed pursuant to this section shall be unsealed and that any devices, items or goods removed, sealed or otherwise made inoperable pursuant to this section shall be released, unsealed or made operable upon: 1. A determination by the commissioner that the violations upon which the closure was predicated have been corrected; 2. Payment of all outstanding fines and all reasonable costs for removal and storage; and 3. Presentation of proof that a permit has been obtained for such activity or, if such person or premises are for any reason ineligible to obtain a license, proof satisfactory to the commissioner that such premises, devices, items or goods will not be used in violation of this section. �2. This local law shall take effect 60 days after it is enacted into law provided, however, that the commissioner of the department of health shall take such actions, including the promulgation of rules, as are necessary for the timely implementation of this local law. ISP/BMcD LS #221 C: Local Laws\Restaurant Inspection 07-09-98