New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter I - State Sanitary Code
Part 14 - Food Service Establishments
Subpart 14-1 - Food Service Establishments
Enforcement
Section 14-1.190 - Permits, application, fees, issuance, inspection

(a) A valid permit issued by the permit-issuing official having jurisdiction is required for lawful operation of a food service establishment. This permit is to be prominently displayed at each food service establishment where it can be seen by the consumer. At establishments that serve retail frozen desserts, the $25 permit fee imposed by Public Health Law, section 225(5)(s) shall be paid at the time any other permit fees related to the operation of the food service establishment are collected by the permit-issuing official and the establishment's permit shall indicate that the facility can manufacture and sell retail frozen desserts.

(b) The term permit-issuing official means the health commissioner or health officer of a city of 50,000 population or over, the health commissioner or health officer of a county or part-county health district, the State regional health director or area director having jurisdiction, a grade I or grade II public health administrator qualified and appointed pursuant to Part 11 of this Title, a public health director or any county health director having all the powers and duties prescribed in section 352 of the Public Health Law. The health commissioner or health officer of a city of 50,000 population or over, or the health commissioner or health officer of a county or part-county health district, or such grade I or grade II public health administrator or public health director or county health director may designate the director of environmental health of such district; and the State regional health director. or area director may designate the district director as additional persons authorized to issue permits required by this Subpart.

(c) Not less than 21 days before starting operation of a food service establishment, an application for a permit is to be submitted to the permit-issuing official having jurisdiction. This application is to be completed in full on forms acceptable to the permit-issuing official.

(d) A permit will be issued subject to the food service establishment being constructed, maintained and operated in compliance with this Subpart and not presenting a danger to the health of the consumer or to the public. An applicant's past history of compliance or noncompliance will be a consideration in evaluating each of the previously mentioned criteria. The condition of the establishment, its equipment, utensils, personnel, mode of operation, surroundings, water supply, sewage disposal, waste handling, furnishings, food and appurtenances are all factors in determining whether its continued operation may affect public health. After making the preliminary inspection, a permit may be issued or the operator advised of violations prohibiting issuance of such permit by the permit-issuing official.

(e) It is unlawful for a food service establishment to operate without a permit during the 21 days from the time a permit has been requested. In the event the permit-issuing official or his designated representative does not make an inspection of the establishment during this 21-day period, operations may commence without a permit on the 22nd day and may be continued without being in violation of this Subpart until such time as the permit-issuing official or his designated representative makes an inspection and issues a permit or issues an order to cease operation for cause.

(f) The designated representative of the permit-issuing official is a person authorized to perform inspections of food service establishments on behalf of the permit-issuing official.

(g) Adult proprietary care facilities and day care centers approved to operate by the New York State Department of Social Services, hospitals and nursing homes approved to operate pursuant to the Public Health Law, and the State-owned/operated facilities do not require a separate permit for food service operations, unless such operations are conducted by a third party. In that event, the third party is responsible to make application and to obtain a permit from the permit-issuing official, subject to the requirements of this Subpart.