Proposed Int. No. 569-A
By
Council Members Gioia, Mendez, James, Martinez, Nelson, Stewart, Weprin,
Mark-Viverito, Liu, Addabbo Jr., Arroyo, Lappin, Dickens, Seabrook, Palma,
Monserrate, Barron, Gonzalez, Jackson, Gerson, Garodnick, Koppell, White Jr.,
Comrie and Foster
A
Local Law to amend the administrative code of the city of New York, in relation
to permits for responsible food service establishments.
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. The New York City Health Code requires food service establishments to be operated in compliance with federal, state and city laws, rules and regulations. When food service establishments flout these laws, they are unfit to conduct this important business, the integrity of which directly impacts the health and welfare of millions of New Yorkers annually. Requiring principals of food service establishments to be of good character and fitness to conduct business and to be in compliance with relevant laws, rules and regulations, advances the protection of the public health, safety and welfare.
§2. Chapter 3 of title 17 of the administrative
code of the city of New York is amended by adding a new subchapter 9 to read as
follows:
SUBCHAPTER 9
RESPONSIBLE RESTAURANT ACT
§ 17-371 Short
title.
§ 17-372
Definitions.
§ 17-373 Permits for food service establishments;
review.
§ 17-374 Disclosure requirements for initial
application or renewal of permit.
§ 17-375 Public comment and hearing.
§ 17-376 Retaliation.
§ 17-377 Penalties.
§ 17-378 Rules.
§ 17-379 Construction.
§
17-371 Short title. This subchapter shall be known and may be cited as
the “Responsible Restaurant Act.”
§
17-372 Definitions. When used in this subchapter, the following terms
shall be defined as follows:
a.
“Food service establishment” means any
place where food is provided for individual portion service directly to the
consumer whether consumption occurs on or off the premises or is provided from
a pushcart, stand or vehicle, and which must operate with a permit issued by
the department pursuant to New York city health code § 81.05.
b.
“Person” means any natural person, organization, partnership, corporation,
association, business trust or other entity.
c.
“Principal” means any person who has an
ownership interest of ten percent or more in a food service establishment; or
is an officer of any partnership, joint venture, corporation, limited liability
corporation or other entity that owns such establishment; or is a manger of
such establishment with the authority to hire and fire employees, supervise and
control employee work schedules; determine rates and methods of salary
compensation or maintain employment records.
§
17-373 Permits for food service establishments; review. a. Before
issuing or renewing a permit to any applicant to operate a food service
establishment pursuant to New York city health code § 81.05, the
commissioner shall consider whether such applicant or any principal of such
establishment meets standards of good character and fitness and whether such
establishment is operated and maintained in compliance with city, state and
federal minimum wage law, hours of work law, overtime compensation law and
employment discrimination law. Such determination shall include a review of
documentation and public comments received pursuant to this local law.
b.
Upon a determination that an applicant or any principal of such establishment
does not meet standards of good character or fitness or that such establishment
is not maintained in compliance with laws enumerated in subdivision a of this
section, the commissioner may deny or suspend for a period of time such
application for a permit or renewal of a permit to operate such establishment,
or take other action deemed appropriate by the commissioner.
§
17-374 Disclosure requirements for initial application or renewal of permit.
a. Each applicant for a permit or a renewal of a permit to operate a food
service establishment pursuant to New York city health code § 81.05 shall
file a certified application on a form prescribed by the commissioner, which
shall contain at a minimum the following information:
(i).
the name, business address, phone number and nature of interest in such
establishment of each principal;
(ii)
a disclosure of any finding by a court of law or final administrative agency
determination during the preceding five years that such applicant or any
principal of such applicant violated any city, state or federal minimum wage
law, hours of work law, overtime compensation law or employment discrimination
law.
(iii)
any additional information with respect to good character and fitness and the
compliance of such establishment or the principals of such establishment with
relevant laws, rules or regulations that the commissioner deems
appropriate.
b.
The commissioner shall promptly post on the department’s website the
information received pursuant to subdivision a of this section with respect to
initial applications for any permit or renewal of any permit to operate a food
service establishment.
§ 17-375 Public comment and
hearing. a. Members of the public may at any time submit to the
commissioner written comments concerning the good character and fitness of any
applicant or principal of an applicant, or the compliance of any food service
establishment or the principals of such establishment with any city, state or
federal minimum wage law, hours of work law, overtime compensation law or
employment discrimination law, subject to the provisions of this subchapter.
Such members may also request a public hearing to be held pursuant to this
section.
b. The commissioner may elect to
hold a public hearing with respect to an application or renewal of any permit
to operate a food service establishment in order to determine whether such
establishment and the principals of such establishment meet standards of good
character and fitness and such establishment and the principals of such
establishment are in compliance with city, state and federal minimum wage law,
hours of work law, overtime compensation law and employment discrimination law.
In determining whether or not to hold such a hearing, the commissioner shall
consider all information received pursuant to subdivision a of this section and
§ 17-374 of this subchapter.
c. The commissioner shall hold a
public hearing with respect to an application or renewal of any permit to
operate a food service establishment if the commissioner receives a disclosure
or credible evidence of any finding by a court of law or final administrative
agency determination during the preceding five years that such applicant or any
principal of such applicant violated any city, state or federal minimum wage
law, hours of work law, overtime compensation law or employment discrimination
law.
§ 17-376 Retaliation. It shall be unlawful for any person to deprive or
threaten to deprive any other person of employment, take or threaten to take
any reprisal or retaliatory action against any person, or directly or
indirectly, intimidate, threaten, coerce, command or influence, or attempt to
intimidate, threaten, coerce, command or influence any person because such
person has taken an action to enforce, inquire about or inform others regarding
the provisions of this subchapter, including but not limited to the submission
of written comments or testimony at a public hearing pursuant to this
subchapter.
§
17-377 Penalties. a. Any person who
willfully fails to accurately disclose any of the information required by
subdivision a of § 17-374 on any application required pursuant to this
subchapter shall be subject to a fine of not more than two thousand dollars,
and may also be barred from submitting another application to operate a food
service establishment or to renew a permit to operate a food service establishment
for a period of no more than two years following such failure to accurately
disclose such information.
b.
Any person who is retaliated against in violation of § 17-376 of this
subchapter shall have a cause of action in civil court. Upon a finding of such
retaliation, the perpetrator of such retaliation shall be required to pay the
individual subject to such retaliation an amount set by the commissioner
sufficient to compensate such individual and deter future violations, but not
less than one thousand dollars or one hundred fifty dollars for each day such
violation continued, and may also be barred from submitting another application
to operate a food service establishment or to renew a permit to operate a food
service establishment for a period of no more than two years following such
retaliatory act.
§
17-378 Rules. The commissioner
shall promulgate such rules as may be necessary for the purpose of implementing
and carrying out the provisions of this subchapter.
§
17-379 Construction. Nothing herein shall be construed to limit the
commissioner’s existing authority to act with respect to issuing or denying any
application to operate a food service establishment pursuant to New York city
health code § 81.05.
§3. If any section, subdivision, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of the local law that added this subchapter, which remaining portions shall remain in full force and effect.
§4. This
local law shall take effect ninety days after enactment.
LP/AS
3/25/08